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8000 Discharge of Children

24 Hour Residential Child Care Requirements Guide December 2016

The provider may not discharge a child without following the procedures in this section.

The provider must inform the CPS residential contract manager in writing of the names of employees who may approve discharge. CPS must receive this notice within 30 calendar days after the contract is signed.

8100 Avoiding the Need for Removal or Discharge

24 Hour Residential Child Care Requirements Guide December 2016

The provider makes all reasonable attempts to meet the needs of the child in order to prevent placement disruption.

Reasonable attempts include, but are not limited to:

  •  providing a therapist’s services to the child and foster family;

  •  using all STAR Health resources available through targeted case management and crisis intervention; and

  •  providing intermittent alternative care if the foster family needs it.  See 2300 Intermittent Alternative Care

Documentation of Efforts to Avoid Removal or Discharge

The provider documents all efforts made to prevent placement disruptions.

Removal at CPS’s Initiative

CPS, as managing conservator, may remove a child whenever CPS determines it is in the best interest of the child.

8200 Procedures for Discharge or Removal

24 Hour Residential Child Care Requirements Guide December 2016

The provider must send notice as soon as possible upon determining that it is no longer in the child’s best interest to remain at the provider’s facility because the provider cannot meet the needs of the child.

This notification is made using Form 2109 Discharge Notice. Form 2109 documents the reasons for the discharge and the provider’s recommendations regarding a future placement for the child that would increase the child’s opportunities to attain a stable placement.  Form 2109 is also submitted if a Child-Placing Agency is moving a child from one foster home to another within the same agency.

The provider sends Form 2109 to the CPS caseworker and the State Office Discharge Mailbox.

8210 Time Frames for CPS to Remove the Discharged Child

24 Hour Residential Child Care Requirements Guide December 2016

The time frame for requiring CPS to remove a child who has been discharged varies according to the reason for removal documented in Form 2109.

8220 Non-Emergency Discharge

24 Hour Residential Child Care Requirements Guide December 2016

The following types of non-emergency discharges are documented using Form 2109.

Ten Day Discharge Notice

This type of notice is for a GRO that is providing emergency care services, when the GRO has determined that it is no longer in the child’s best interest to remain at the facility, or that the GRO cannot meet the needs of the child. After receiving notification, CPS will remove the child within ten days.

Fourteen Day Discharge Notice

A Psychiatrist, licensed psychologist, physician, LCSW or LPC has provided documentation showing that the child consistently exhibits behavior that cannot be managed within the provider’s licensed programmatic services. CPS will consult with the provider to determine a plan for removing the child within 14 calendar days.

Thirty Day Discharge Notice

It is no longer in the child’s best interest to remain at the provider’s facility, or the provider cannot meet the needs of the child. 

8230 Twenty-Four Hour Emergency Discharge Notice

24 Hour Residential Child Care Requirements Guide December 2016

An emergency discharge is requested by the provider when:

  •  the child poses a danger to self or others, or exhibits volatile, self-injurious, or inappropriate behaviors that the facility is not equipped to manage, and the provider decides it is necessary to admit the child to a psychiatric hospital; or

  •  the child is placed in jail or a juvenile detention facility, and the provider is not willing to accept return of the child upon release from jail or juvenile detention.

8240 Child Is Admitted to a Psychiatric Hospital

24 Hour Residential Child Care Requirements Guide December 2016

Using documentation from a physician that the child poses a danger to self or others, the provider has the child admitted to a psychiatric hospital.

The provider immediately notifies the CPS caseworker and emails Form 2109 and the physician’s documentation to the State Office Discharge Mailbox. The provider also states whether the child may return to the facility upon discharge from the psychiatric hospital.

After receiving notification, CPS will remove the child within 24 hours.

8241 Child is Placed in Jail or a Juvenile Detention Facility

24 Hour Residential Child Care Requirements Guide December 2016

If a child is placed in jail or juvenile detention facility, within 24 hours the provider:

  •  notify the CPS caseworker and the State Office Discharge Mailbox; and

  •  state whether the provider is willing to accept return of the child upon the child’s release from jail or juvenile detention; and

Provider Will Not Accept the Child’s Return

The provider includes Form 2109 Discharge Notice with the notification above if:

  •  the provider has decided not to accept return of the child;

  •  it is no longer in the child’s best interest to remain at the provider’s facility; or

  •  the provider cannot meet the needs of the child.

 Form 2109 must be signed by the provider’s executive director, licensed child-care administrator, licensed child-placing agency administrator or designated employee. The provider’s case manager does not sign Form 2109.

CPS immediately communicates with the provider about the child’s circumstances to determine a plan for moving the child that will ensure the child’s safety and best interests, and the safety and best interests of others. CPS will remove the child as quickly as is necessary to secure an appropriate placement and to safely meet the needs of the child, but will take no longer than 30 calendar days.

8250 Documentation Provided Upon Discharge

8251 Documentation Provided by the Provider Discharging the Child

24 Hour Residential Child Care Requirements Guide December 2016

The Contractor shall provide to the Caseworker or Caseworker’s designee the following information for each discharge:

  •  Upon the effective date of the discharge, the completed Placement Summary (Form 2279) and items that belong to the Child as referenced in Form 2279;

  •  Within 15 calendar days after the discharge, the Child’s:

  •  Discharge summary;

  •  Updates to the Child’s Education Portfolio; and

  •  Any other information or items that belong to the Child that were not provided to the Department at the time of discharge.

8252 Documentation Provided by the Provider Receiving the Child

24 Hour Residential Child Care Requirements Guide December 2016

Within five calendar days of the Contractor’s receipt from the Department of the Form 2085-FC authorizing the placement of a Child with the Contractor, the Receiving Contractor must provide a copy of Form 2085-FC or 2085-LR and a written request to the Discharging Contractor for:

  •  information not already received that is referenced in Minimum Standards 40 TAC §§749.1371, 749.1373, 748.1437 and 748.1439, updates to the Education Portfolio, and a copy of the ECI Individual Family Service Plan (IFSP), if applicable; and

  •  an opportunity, if necessary, to communicate with the discharging contractor about the needs of the child.

8260 Transferring Information About the Child

24 Hour Residential Child Care Requirements Guide December 2016

CPS authorizes the discharging provider to share information about the child with the receiving provider after Form 2085-FC Placement Authorization Foster Care/Residential Care is received by the child’s new provider.

The discharging provider must send information to the receiving provider within 15 days of discharge.

This information may include, but is not limited to:

  •  documentation of face-to-face visits with the child by the provider’s case manager staff;

  •  the child’s service plan;

  •  documentation of services provided to the child;

  •  discipline logs;

  •  medical and dental information;

  •  educational documentation; and

  •  narratives.

Request for Direct Communication

If the receiving provider requests that the discharging provider, communicate directly about the needs of the child, the discharging provider must comply with that request within three days.

8300 The Child’s Transition From Care

24 Hour Residential Child Care Requirements Guide December 2016

The child’s transition from care is planned carefully by the CPS caseworker, in coordination with the provider and other individuals involved in the child’s life. In the Child Protective Services Handbook, see 10120 Transition Planning for Older Youth.

The provider and CPS caregiver coordinate to ensure that children 14 years of age and older understand, and participate in the development of, a plan for transitioning out of care. The plan is documented in Form 2500 Transition Plan located on the Find a Form page on the DFPS website..

The provider and CPS caregiver ensure that the child has access to the Transitional Living Services web page of the DFPS public website, which contains information related to:

  •  aftercare services, benefits and provider contacts;

  •  educational supports, services and benefits;

  •  the Extended Care and Return for Extended Foster Care programs;

  •  Preparation for Adult Living (PAL) services;

  •  Texas Foster Care Handbook for Youth;

  •  Former Foster Care Children (FFCC) Health Care Program and STAR Health;

  •  the child’s Special Immigrant Juvenile Status, if applicable; and

  •  other region-specific services available.

The provider and CPS caregiver ensure that the child has access to the Texas Youth Connection website, To find a list of transition service centers on this website, click the Contacts button in the left navigation panel.

The provider supports and facilitates computer access required for job search activities, career research, Texas Youth Connection and approved social media.

Extended Foster Care

For children ages 18 up to age 21 or 22, the provider keeps in the child’s records the completed:

Voluntary Extended Foster Care Agreement Form 2540; and

Trial Independence: Ability to Return for Extended Foster Care Form 2532.

8400 National Youth in Transition Database (NYTD)

24 Hour Residential Child Care Requirements Guide December 2016

The National Youth in Transition Database (NYTD) is a system to study the independent living services offered to youth in and out of foster care. This information is gathered to help CPS get better at helping youth to move from foster care into adulthood.

To get this information, CPS surveys youth who are in foster care when they are 17, then surveys some of those youth again at ages 19 and 21. CPS surveys a different age group each year. The survey is offered from October 1 to March 31, and April 1 to September 30.

The provider maintains contact with regional PAL staff to determine whether a child has been selected to take the survey. PAL staff contact information can be found on the Texas Youth Connection website.

The provider assists any child selected to complete the survey and provides any support necessary, including:

  •  providing on-going computer access to the child during the reporting period;

  •  helping the child register with NYTD on the Texas Youth Connection website;

  •  helping the child maintain an email address to receive NYTD updates;

  •  helping the child enter NYTD contact updates to the Texas Youth Connection website; and

  •  helping the child complete the NYTD survey within the required timeframe.

8500 Voluntary Extended Foster Care and Return for Extended Foster Care

24 Hour Residential Child Care Requirements Guide December 2016

With DFPS approval, the provider may care for children 18 to 22 years of age who meet eligibility criteria and voluntarily agree to participate in the Extended Foster Care program.

DFPS Rule, 40 TAC §§700.316, 700.346

The provider must offer, or ensure that the caregiver offers, to help the child to:

  •  maintain documentation, such as school transcripts or pay stubs, to demonstrate that the child is qualified to remain in the Extended Foster Care program; and

  •  complete Form 2540 Voluntary Extended Foster Care Agreement if CPS requests it.

If a child under 21 seeks to return to the Extended Foster Care program during or after participating in the trial independence period, the provider directs the child to contact regional DFPS Preparation for Adult Living (PAL) staff.

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