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2430 Criteria for Parental Child Safety Placements

2431 Overview of Parental Child Safety Placements (PCSPs)

CPS March 2013

A parental child safety placement (PCSP) is a temporary out-of-home placement made by a parent when CPS determines that the child is not safe remaining in his or her own home. CPS may offer the parents the option of placing the child out of the home as an alternative to DFPS petitioning for court-ordered removal of the child.

A PCSP may be made by a child’s parents or legal guardian. PCSPs may not be made if a parent or a person with legal guardianship is not available to make the placement decision.

Parental child safety placements should always support reunification with the parent or legal guardian. If, during the course of the case, the caregiver indicates that he or she no longer supports reunification, then the caseworker must work with the parent and the caregiver to help resolve the issue.

The selected parental child safety placement caregiver must either be:

  •  a relative by blood or marriage; or

  •  a fictive kin who has a longstanding and significant relationship with the child or the child’s family.

If a parent continues to live with the child, the living arrangement is not considered to be a PCSP.

2431.1 Out-of-State Parental Child Safety Placements

CPS March 2013

Parents who are involved in a CPS investigation may make an out-of-state PCSP in cases that allege abuse or neglect in Texas if:

  •  a caseworker (Texas caseworker with the permission of the other state, or caseworker from the receiving state) can see the out-of-state caregiver’s home before the PCSP is made;

  •  a caseworker (Texas caseworker with the permission of the other state, or caseworker from the receiving state) can see the child and PCSP caregiver at a minimum of monthly during the PCSP;

  •  CPS and criminal history checks can be obtained from the receiving state before the PCSP is made;

  •  the PCSP follows all the guidelines in 2430 Criteria for Parental Child Safety Placements and its subitems; and

  •  the receiving state is in agreement with the PCSP being made.

2431.2 When a Parent Has Made an Out-of-State Placement Before CPS Involvement

CPS March 2013

If a parent has sent a child to a relative or voluntary caregiver who resides out of state before CPS becomes involved with the family, this would not be considered a PCSP. However, the caseworker must attempt to assess the safety and appropriateness of the placement by:

  •  requesting CPS and criminal history checks from the other state;

  •  requesting the other state to see and interview the child and caregiver and complete an assessment of the home;

  •  discussing with the caregiver the willingness and ability of the caregiver to care for the child;

  •  contacting collateral contacts that can validate that this is a safe environment. 

In this situation, it would not be appropriate to complete an Agreement for a Parental Child Safety Placement, Form 2298.

If the caseworker follows the steps outlined above and determines that there are safety concerns in the out-of-state placement, the caseworker must make a referral to that state’s child protection system.

2431.3 When a Parent Has Made an In-State Placement Before CPS Involvement

CPS March 2013

If the child cannot safely return to the parent’s home while CPS is conducting the investigation, the placement is then considered a PCSP and PCSP policy must be followed. Once all policy requirements for a PCSP are satisfied, then CPS can formalize the arrangement as a PCSP along with the parent and the caregiver. All PCSP policy must be followed as if the arrangement was made after CPS’s investigation began, including:

2434 Conducting Criminal Background Checks for Parental Child Safety Placements

2435 Conducting Abuse and Neglect Background Checks for Parental Child Safety Placements

2435.3 Safety Plan

2437 Ongoing Assessment of the Parental Child Safety Placement

Exception:

If a child has been in a long-term placement, either in-state or out-of-state, before the intake is received, and is not named as an alleged victim in the intake and there are no safety threats to the child in the alternate caregiver’s home, the placement is not considered a PCSP.

A long-term placement is a placement that has been in place for a significant amount of time, and there are other indications that the child will remain with the alternate caregiver long term, such as permanent sleeping arrangements for the child, the child is enrolled in school or daycare, and the family agrees. However, the fact that the placement is made before the investigation does not automatically mean the placement is not a PCSP. If the parent makes the placement around the time of the incidents or issues giving rise to the allegations, and there are no indications that the family intends for the placement to be long-term such as permanent sleeping arrangements, enrollment in school or day care, or a lengthy stay in the caregiver’s home, the placement should be treated as a PCSP. 

2431.4 When a PCSP Is Appropriate to Use

CPS March 2013

A caseworker may use a PCSP when these circumstances exist:

  •  A safety threat is identified.

  •  A child is vulnerable to the threat.

  •  The parent has insufficient protective capacities to keep the child safe.

  •  It is anticipated that no removal is necessary (see 2432 When a Removal Is More Appropriate Than a Parental Child Safety Placement) because the child can be made safe in the parent’s home in a reasonably short time period (generally one to 90 days).

  •  The parent is willing to work to eliminate identified safety threats or enhance his or her protective capacity, or both.

  •  The parent is willing and able to abide by a safety plan that conforms with 2435.3 Safety Plan. And,

  •  A relative or fictive kin caregiver has been identified, has passed all background and safety checks, and is willing to help.

The caseworker must assess the safety and appropriateness of the placement for the child by completing an evaluation of the home and the persons living in the home as set forth in 2433 Making the Parental Child Safety Placement and its subitems

2431.5 No Limitation on CPS Authority to Perform Necessary Removals

CPS March 2013

If, during the course of a PCSP, CPS determines that it is necessary to remove a child in order to protect the child’s safety, the existence of the PCSP does not limit DFPS’s authority to do so.

Texas Family Code §264.905

2431.6 When a PCSP is Used in an Open Conservatorship Case

CPS May 2014

If a parental child safety placement (PCSP) is being considered during a new investigation that involves a parent who currently has an open CVS case involving other children, both the Investigations program director (PD) and the CVS PD must approve the PCSP before it is implemented.

The primary worker on the new investigation is responsible for seeing the child every 10 days until the case is transferred to CVS or the investigation is closed. See 6170 Parental Child Safety Placements in CVS Cases for additional requirements.

2432 When a Removal Is More Appropriate Than a Parental Child Safety Placement

CPS March 2013

In some circumstances a removal would be more appropriate than a PCSP. Examples include cases that involve:

  •  serious injury or abuse, such as:

  •  Shaken Baby Syndrome,

  •  multiple injuries, including broken bones,

  •  a sexual abuse case in which the alleged perpetrator continues to have unsupervised access to the victim or it appears likely the alleged perpetrator will gain unsupervised access to the victim because the other adults in the case are reluctant to limit access,

  •  any serious abuse or neglect case in which the alleged perpetrator continues to have unsupervised access to the victim or it appears likely the alleged perpetrator will gain unsupervised access to the victim because the other adults in the case are reluctant to limit access,

  •  a clear indication that serious abuse or neglect has occurred and CPS is unable to determine who the alleged perpetrator is;

  •  situations where the family would be ineligible for family-based safety services (FBSS) for the reasons listed in 3312.1 Criteria for Regular FBSS, such as:

  •  safety threats and diminished parental protective capacity exist that cannot be resolved in a short period of time (one to 90 days),

  •  prior FBSS history involving abuse or neglect, drug abuse, or domestic violence where services were offered, but the parents demonstrated no behavioral changes or enhanced protective capacities,

  •  prior history indicating that the parent has previously violated the conditions of a PCSP,

  •  inability to locate a parent or legal guardian who could facilitate a PCSP,

  •  inability to find a PCSP caregiver that can keep the child safe (for example, PCSP caregiver has violated the safety plan),

  •  the parent has limited protective capacity and no amount of services can remedy this, safety threats exist, and the child is vulnerable. This includes parents who are psychotic or sociopathic or who have severe intellectual disabilities.

Documentation must provide details about the safety threat that exists, what behaviors of the parents are out of control, any concerns about the parents’ protective capacities, what makes the child vulnerable to the safety threat, and any other issues that would prevent the child’s return to his or her parental home.

2432.1 When a PCSP Should Not Be Made or Sustained

CPS March 2013

Caseworkers must not arrange or continue a PCSP when:

  •  removal is the more appropriate decision, such as when it is not possible for the family to make changes within 90 days that will ensure the safety of the child;

  •  a parent or legal guardian is not available to make the placement decision;

  •  the placement would be unsafe because the caregiver is unable or unwilling to be protective;

  •  the parent is out of control and it is unrealistic that any caregiver would be able to protect the child (for example, a parent’s behavior is unpredictable as evidenced by some action he or she has that would jeopardize the child’s safety); or

There is some circumstance in the proposed caregiver’s home or situation that makes placement with that caregiver unsupportable, including when:

  •  a PCSP caregiver in Texas, on whom the caseworker was required to request an FBI exigent check from the Expedited Background Check (EBC) unit, refuses to provide fingerprints after the PCSP is made;

  •  an out-of-state caregiver, on whom the caseworker was required to request an FBI exigent check from the EBC unit, is not willing or able to provide fingerprints in Texas for an FBI check before the decision is made that the placement will be made, or refuses to stay in Texas until the results of the fingerprint check are returned (see 2534 Conducting Criminal Background Checks for Parental Child Safety Placements and 2535 Conducting Abuse and Neglect Background Checks for Parental Child Safety Placements);

  •  identifying information is not available for the caregiver;

  •  the placement would be unsafe because of the barred criminal or abuse or neglect history of a caregiver or household member. See:

2434 Conducting Criminal Background Checks for Parental Child Safety Placements,

2435 Conducting Abuse and Neglect Background Checks for Parental Child Safety Placements, and

Appendix 4525: Offenses From the Texas Penal Code;

  •  the caregiver’s home is not safe; or

  •  the placement is inappropriate because the caregiver is unwilling to communicate or cooperate with CPS, or is unwilling to support the reunification of the parent or child.

2433 Making the Parental Child Safety Placement

CPS March 2013

A PCSP is short term and temporary. It should last anywhere from one to 90 days. PCSPs are kept to the minimum amount of time necessary to ensure the safety of the child.

The PCSP may only be extended in the limited circumstances provided by 2436.1 Extending a PCSP Past 90 Days

2433.1 Parental Responsibility During Transition to the Proposed Placement

CPS March 2013

The parents must be willing to give the caregiver information that the caregiver will need to care for the child. CPS can share information that is necessary for the caregiver to meet the child’s needs as provided in the Texas Family Code, §261.201(f-1). However, it is still important that the parents understand and acknowledge the reasons for CPS involvement. When possible, the parents (rather than CPS) should discuss the proposed placement plan with the child to help the child understand and transition to the caregiver’s home.

The parents agree to leave the child in the placement for the time period of the safety plan.

Parents must be willing and able to abide by the safety plan.

2433.2 Caseworker Responsibilities

CPS March 2013

The caseworker, with required supervisory and program director (PD) approval, is responsible for determining whether a proposed PCSP is appropriate. In order to do so the caseworker must evaluate the proposed caregiver and inform the parent and proposed caregiver in the manner described below.

2433.21 Caseworker Responsibilities Before Placement Is Pursued or Implemented

CPS March 2013

Before finalizing arrangements with a parent to place his or her child outside of the home, the caseworker must:

1.   secure and assess a criminal history check on every person age 14 and over in the household where the child is to be placed. For a caregiver who has lived out of state in the preceding three years or for a caregiver who lives out-of-state, this step must include the caregiver submitting fingerprints in accordance with 2434 Conducting Criminal Background Checks for Parental Child Safety Placements;

2.   complete and assess an abuse or neglect background check on every person age 14 and older in the household in which the child is to be placed, in accordance with 2435 Conducting Abuse and Neglect Background Checks for Parental Child Safety Placements;

3.   determine whether the potential caregiver is already a kinship caregiver or a verified foster placement for another child. If the potential caregiver is a kinship caregiver, contact the assigned conservatorship caseworker to ensure there are no current safety concerns in the home and inform them of the potential placement of an additional child regarding the home. If the potential caregiver is a verified foster home, contact their foster adopt caseworker or the child placing agency to determine whether placing a child in the home would be a minimum standards capacity violation and discuss the potential placement of an additional child in the home;

4.   visit the potential caregiver’s home and make an assessment of their ability to keep the child safe;

5.   complete a safety plan with the parent. See 2435.3 Safety Plan; and

6.   complete with the parent the Parent/Caregiver Agreement for Parental Child Safety Placement form in 2435.4 Parent and Caregiver Agreement for Parental Child Safety Placement.

All information gathered must be documented in a contact narrative in IMPACT whether or not the PCSP is approved for placement.

2433.22 Caseworker Responsibilities at the Time of Placement or Immediately Before Placement

CPS March 2013

The caseworker must:

1.   physically inspect and assess the premises of the proposed placement before the child is placed in the home or at the same time the child is placed into the proposed caregiver’s home. Specifically, the caseworker should ensure that:

  •  there are no conditions in the home that would pose a safety threat to the child,

  •  the home can accommodate safe sleeping arrangements for the child,

  •  there is no indication of other persons living in the home that CPS is unaware of, and

  •  the child’s basic needs can be met in the home, including that the caregiver’s home has working utilities.

2.   interview the proposed caregiver to assess whether or not the child would be safe in the caregiver’s home. The caseworker must discuss and assess the following issues with the potential caregiver:

  •  Financial ability to care for the child, including any financial support the parents will provide to enable the caregiver to care for the child

  •  Knowledge about the circumstances surrounding the PCSP

  •  Ability to meet the child’s needs

  •  The commitment as the caregiver

  •  Whether the caregiver can be supportive of the parents and still keep the child safe

3.   obtain the caregiver’s agreement to perform the following actions during the CPS case:

  •  Protect and care for the child

  •  Work with CPS and the child’s family

  •  Notify CPS immediately if the child’s parents violate the terms of the PCSP agreement or the safety plan, or a parent moves the child out of the caregiver’s home

  •  Notify CPS immediately if the caregiver is unable to continue caring for the child

4.   obtain the caregiver’s input and signature on Form 2298, Agreement for Parental Child Safety Placement.

5.   provide the caregiver with a copy of the Voluntary Caregiver Manual.

If the placement is out-of-state, see 2430 Criteria for Parental Child Safety Placements for requirements related to coordinating with the other state before making the placement.

2433.23 Caseworker Responsibilities Within 24 Hours of Implementing the PCSP

CPS March 2013

The caseworker must make collateral contacts to further assess the appropriateness of the caregiver. Collaterals must be contacted before the placement when possible, but in all circumstances contacts must be completed no later than 24 hours after the placement is made.

All information gathered must be documented in a contact narrative in IMPACT whether or not the PCSP is approved for placement.

2433.3 Documenting the PCSP and Caregiver Evaluation

CPS March 2013

All case activities, including the evaluation of the proposed caregiver, must be documented in the IMPACT case record.

Investigations staff document the parental child safety placement on the Investigations Conclusion page in IMPACT.

Changes in PCSP placement must also be documented on the Investigations Conclusion page.

2433.4 Informing the Parent and Proposed Caregiver Whether the PCSP Can Be Made

CPS March 2013

The caseworker must inform the parent and proposed caregiver whether the PCSP can be made or not.

2433.41 Providing Information When PCSP Will Not Be Made

CPS March 2013

If the caseworker has evaluated a proposed caregiver and determined that the PCSP cannot be made or continued with a caregiver chosen by the parent, the caseworker must notify the parent and the proposed caregiver why the PCSP will not be made. See 2432.1 When a PCSP Should Not Be Made or Sustained for examples of reasons an individual caregiver may not be selected, such as criminal history, abuse/neglect history, other safety concern, or inappropriateness based on willingness to support PCSP. However, the caseworker must not reveal any specifics of a person’s criminal or abuse or neglect history unless the caregiver agrees to the disclosure.

Texas Family Code §264.903(c)

See also 1800 Records Checks for information regarding penalties for unauthorized use, disclosure or release of criminal history information.

If the proposed PCSP will not be made and the parent is unable to find an alternate PCSP caregiver for the child, the caseworker explains to the parent that the consequence may be a request by CPS for a court order to remove the child from the parent’s custody and give DFPS custody.

2433.42 Providing Information When PCSP Will Be Made But Caregiver or Household Member Has Criminal, Abuse, or Neglect History

CPS March 2013

If the PCSP will be made and the caregiver or a household member has criminal, abuse, or neglect history that may affect the caregiver’s ability to become verified or approved to foster or adopt, the caseworker must warn the caregiver to this effect. Specifically, the caseworker must inform the caregiver that approval of the home is solely for the purpose of a PCSP; that if the case becomes a conservatorship case there is no guarantee that the home would be approved as a kinship or foster/adoptive home; and that the caregiver may be ineligible for financial assistance.

Out-of-Region or Out-of-County PCSPs

PCSPs are made to facilitate child safety and therefore must be handled immediately.

When PCSPs that cross regional or interregional management structures are being considered, all components of the safety checks must be completed as described in this item. Criminal (DPS and, if applicable, name-based emergency FBI checks) and abuse and neglect background checks must be completed and assessed by the requesting unit before the receiving region or county is asked to make an in-person assessment of the caregiver’s home. See:

2434 Conducting Criminal Background Checks for Parental Child Safety Placements

2435 Conducting Abuse and Neglect Background Checks for Parental Child Safety Placements

In all regions, the night on-call supervisor is the person responsible for accepting requests for in-person assessments and interviews made after normal work hours. During office hours, the router is the person responsible for accepting these requests. Regions have the responsibility for determining who in their region makes the contact to assess the home of the caregiver and conduct interviews to assess the caregiver’s understanding of the PCSP process.

Responsibilities are as follows:

Requesting Unit or Region

Receiving Unit or Region

Conducting history checks

Making collateral calls

Completing the safety plan

Facilitating the discussion for the Agreement for Parental Child Safety Placement Form 2298

Obtaining the parent signature on the Agreement for Parental Child Safety Placement form

Ensuring caregiver provides fingerprints if emergency FBI checks are required to be run  before placement

Inspecting the home

Interviewing the prospective caregiver and ensuring his or her understanding of the PCSP

Obtaining the caregiver signature on the Agreement for Parental Child Safety Placement Form 2298

Providing the caregiver with the Voluntary Caregiver Manual

Approval and Consultation

The supervisor must consult with the program director before a PCSP is made. If the program director is in agreement with the PCSP, the supervisor must approve the safety plan that incorporates the PCSP.

If the parent or caregiver decides to discontinue the placement without CPS concurrence, the caseworker must discuss the parent’s or caregiver’s intent or action with the supervisor as soon as possible to determine the appropriate case action to provide for the child’s safety.

2434 Conducting Criminal Background Checks for Parental Child Safety Placements

CPS March 2013

The caseworker must take the following steps, as described in the sub-items that follow, in order to conduct criminal background checks on a proposed PCSP:

  •  Verify caregiver and household member identities

  •  Complete a criminal history background check on all adults and children over the age of 14 living in the home of the PCSP before making the PCSP.

  •  Assess the criminal history and consider the totality of the circumstances in the caregiver’s home

2434.1 Verifying Caregivers’ and Household Members’ Identities

CPS March 2013

The caseworker must obtain all the names, including any aliases and maiden names that members of the household have ever gone by, to complete a thorough criminal history check.

The caseworker must verify the spelling of the names, and obtain dates of birth and Social Security numbers. To verify the criminal history check, the caseworker must obtain a driver license number.

If a person does not have a driver license, a state or federal identification card from either the United States or another country is acceptable if it includes the person’s photograph and a criminal history can be obtained based on the information it contains. If a person does not have an acceptable form of identification, the placement cannot be made.

2434.2 DPS Records Check

CPS March 2013

For every member of the PCSP household 14 years or older, the caseworker generates the DPS criminal background check request on the Record Checks page in IMPACT. See 1800 Record Checks.

2434.3 FBI Records Check

CPS March 2013

If an adult household member in the parental child safety placement household has lived out-of-state within the last three years, or if the caseworker has reason to suspect a criminal history in another state, the caseworker must:

  •  obtain an exigent (name-based) FBI records check on the person before placement is allowed; and

  •  ensure that the caregiver provides fingerprints for the fingerprint based FBI check to be run as described below.

2434.31 Procedures for FBI Records Checks on In-State Caregivers

CPS March 2013

Before an exigent FBI records check can be requested on an adult member of a PCSP household, the caseworker must obtain the person’s agreement to submit to fingerprinting in Texas at an IdentoGO by MorphoTrust USA agency. If the household member to be fingerprinted has not been fingerprinted or made arrangements to be fingerprinted within two weeks following the date the PCSP is made, the caseworker must staff with the supervisor, and the PD if necessary, to determine how to proceed. A child cannot remain indefinitely in a PCSP with the person required to submit fingerprints refusing or failing to take action to submit them.

2434.32 Procedures for FBI Records Checks on Out-of-State Caregivers

CPS March 2013

Before an exigent FBI records check can be requested on an adult member of a PCSP household who does not live in Texas, the caseworker must obtain the person’s agreement to submit to fingerprinting in Texas at an IdentoGO by MorphoTrust USA agency.

The caseworker must inform the parent and proposed PCSP caretaker that CPS cannot allow the placement to be made if the person is not willing or able to commit to providing fingerprints in Texas. The IdentoGO by MorphoTrust USA agency does not provide same-day service and sometimes cannot make appointments available for a week or two. Therefore, the person who needs to provide fingerprints in Texas will have to arrange his or her schedule to stay in Texas long enough to do so. Texas does not have a contract with IdentoGO by MorphoTrust USA to provide fingerprinting services in other states.

In all instances, the person must provide fingerprints at IdentoGO by MorphoTrust USA before the person leaving Texas with the child. The caseworker must not agree to allow the person leaving Texas with the child without the person providing fingerprints.

See 1800 Record Checks.

2434.4 Assessing Criminal History and Considering the Totality of the Circumstances

CPS March 2013

Any criminal history must be evaluated for its relevance to the safety of the child to be placed in the home. Depending on the type of offense, the conviction will be either:

  •  a permanent bar to placement;

  •  a temporary bar to placement; or

  •  an event that does not automatically preclude a placement but must be assessed in relation to child safety.

Texas offenses, and their impact to a potential PCSP, are explained in the attachment Assessing Criminal History Offenses and Convictions for PCSPs, Unverified Kinship and Verified Kinship Foster and Adoptive Homes found in Appendix 4525: Offenses From the Texas Penal Code.

For history other than barred offenses, criminal history is one factor among many that must be weighed in determining whether a potential PCSP caregiver can provide a safe and stable home for a child. When making a determination about how a caregiver’s criminal history could affect a child’s safety in their care, the consideration should be given to the type of conviction, the length of time since the conviction, the caregiver’s rehabilitation, and a multitude of other factors. Additionally, staff should not automatically presume a caregiver can provide a safe and stable home because there is no criminal history, nor should staff automatically rule out a potential caregiver solely based on a criminal history.

2434.41 Category A: Offenses That Permanently Preclude a PCSP

CPS March 2013

Because there is often little time to evaluate the facts and circumstances surrounding a conviction when a parent is making a PCSP, a PCSP may not be made if a check reveals a felony conviction for:

  •  any offense that is an absolutely barred offense in a foster/adopt setting; or

  •  an offense which, by its nature and because of the short time frames to evaluate the circumstances surrounding the offense, is barred as a matter of PCSP policy

2434.42 Category B: Offenses That Temporarily Preclude a PCSP

CPS March 2013

A PCSP may not be approved if there is a felony conviction in the last five years for:

  •  any felony conviction for an assault- or battery-type offense that has been identified as a temporary federal bar in a foster/adopt setting; or

  •  any felony drug or alcohol-related offense.

If the conviction occurred more than five years ago, or is a misdemeanor conviction, the history is treated as a Category C offense.

2434.43 Category C: Offenses That Preclude a PCSP Without Additional Evaluation

CPS March 2013

When a criminal history is discovered that does not fit in Category A or B, the caseworker must evaluate and document this information as it relates to child safety. Evaluations must include:

  •  an explanation of the facts and circumstances of the offense gathered from offense reports, in addition to any self-report;

  •  when the offense occurred;

  •  any pattern of conduct that poses a threat to child safety; and

  •  what has happened since the crime or crimes that may mitigate concerns about making a PCSP.

Safety of the placement must always be a foremost consideration as this evaluation takes place.

When sufficient information cannot be obtained to determine whether safety concerns are mitigated, placement should not be made.

When the evaluation indicates that there are no current safety concerns, staff obtain program director approval for the placement.

2434.5 History Other Than Convictions

CPS March 2013

The caseworker follows the guidelines used in the case of a conviction for the same offense as outlined in these policies and the chart in Appendix 4525: Offenses From the Texas Penal Code if a potential PCSP caregiver or household member 14 years or older:

  •  has an offense for which the person received a deferral of adjudication, and they have not successfully completed probation;

  •  is indicted for an offense; or

  •  is the subject of a criminal complaint that has been accepted by a district or county attorney for prosecution.

Being investigated for a criminal offense or having been arrested for a criminal offense is not a reliable indicator of guilt or innocence and should not be afforded the same weight as a criminal conviction. However, if a potential caregiver or household member has an arrest history that is of concern as it relates to child safety, or if a potential PCSP caregiver or household member is currently under investigation for an offense, this information should be addressed as part of the overall home assessment process.

If the caseworker cannot make a determination, he or she consults with the supervisor.

If the supervisor cannot make a determination, he or she consults with appropriate resources in the region, such as the program director, a staff member in the Foster Adoption Development program, or both.

2434.6 Informing Parents and Caregivers About Criminal History

CPS March 2013

Whether the PCSP will be approved in spite of criminal history or denied because of criminal history, the caseworker follows 2433.4 Informing the Parent and Proposed Caregiver Whether the PCSP Can Be Made.

2435 Conducting Abuse and Neglect Background Checks for Parental Child Safety Placements

CPS March 2013

Before accepting the parent’s choice of a proposed parental child safety placement (PCSP), the caseworker conducts an IMPACT inquiry regarding the abuse and neglect history of any persons over age 14 or older who resides in the home.

The caseworker must obtain all the names, including any aliases and maiden names that members of this household have ever gone by, to complete a thorough abuse and neglect background check. The caseworker must verify the spelling of the names. Methods for verifying identity are noted in 2434 Conducting Criminal Background Checks for Parental Child Safety Placements.

The caseworker must determine whether any household members have lived in other states before living in Texas. If anyone in the household age 14 or older has previously lived outside Texas, those states must be contacted to determine whether the person had CPS, APS, or CCL involvement in the other state. If it is verified that the person has CPS, APS, or CCL involvement in another state, the caseworker should consult with their supervisor before proceeding with the placement.

See 2430 Criteria for Parental Child Safety Placements.

2435.1 Consequences of an Abuse or Neglect History

CPS March 2013

The caseworker assesses the abuse or neglect (CPS, APS, or CCL) history to determine whether it is a current safety threat or poses a risk to the child. Abuse or neglect history is one factor among many that must be weighed in determining whether a potential PCSP caregiver can provide a safe and stable home for a child.

When making a determination about how a caregiver’s abuse or neglect history could affect a child’s safety in their care, the consideration should be given to:

  •  the type of case;

  •  the length of time since the case;

  •  the disposition; the caregiver’s rehabilitation;

  •  the consequences to the caregiver if the case results in a removal; and

  •  any other relevant circumstances of the history.

Additionally, staff should not automatically presume a caregiver can provide a safe and stable home because there is no abuse or neglect history, nor should staff automatically rule out a potential caregiver solely based on abuse or neglect history.

When reviewing case history, if the prospective caregiver or household member has:

  •  a case with a disposition of Reason to Believe (RTB), Valid, or Confirmed and the family is still being considered after supervisory review of the case, then the case must be reviewed by the program director. The program director makes the decision as to whether the child would be safe in this placement.

      If there is a sexual abuse or physical abuse history of anyone in the home, documentation must include a statement as to how the child is safe and why this person would not be a continuing threat to the child.

      In addition, the caregiver must be warned that if this case should become a conservatorship case, he or she may not be approved as a kinship home, may not be eligible for any financial assistance, and may be barred from ever fostering or adopting.

  •  a case with a disposition of Ruled Out / Unable to Determine (RO/UTD), Invalid, or Unconfirmed requires a supervisory review and decision that the issues in the case would not affect the safety of the child being placed.

  •  a case with a disposition of Unable to Complete (UTC).Placement may not be authorized until the investigation is complete. See 2413.6 When a Subsequent Intake Is Received for a Family With a Previous Unable to Complete Investigation (Close – Family Moved/Cannot Locate).

2435.2 Informing Parents and Caregivers About Abuse or Neglect History

CPS March 2013

Whether the PCSP will be approved in spite of abuse or neglect history, or denied because of abuse or neglect history, the caseworker follows 2433.4 Informing the Parent and Proposed Caregiver Whether the PCSP Can Be Made.

See 2435.3 Safety Plan.

2435.3 Safety Plan

CPS March 2013

Once CPS has determined that a parental child safety placement (PCSP) is necessary and appropriate, the parents and CPS must develop a safety plan to document the safety issues. See 2420 Developing a Safety Plan.

The caseworker discusses with the parents and caregiver their respective roles and responsibilities to ensure the child’s safety.

The caseworker gives the original written safety plan to the parents, a copy to the caregiver, and files a copy in the paper case record.

2435.4 Parent and Caregiver Agreement for Parental Child Safety Placement

CPS March 2013

Once a PCSP has been designated by the parent and has been assessed to be safe for the child:

  •  CPS approves the agreement about the specific details of this placement;

  •  provides the caregiver with the Voluntary Caregiver Manual; and

  •  the parent and caregiver enter into the agreement.

This agreement is completed before or at the time of the placement. Information about the placement must be entered on Form 2298, Agreement for Parental Child Safety Placement.

Texas Family Code §264.902

The following fields must be completed, bearing in mind the following considerations:

  •  Explanation to the parent and caregiver about the reason for a PCSP

  •  Voluntary caregiver’s and parent’s agreement for contact with the child with the understanding that parents have a right to see their children as long as the child’s safety can be ensured:

  •  The caseworker’s role is to facilitate the agreement between the parent and the caregiver, assess whether it is safe for the child to visit with the parent, determine whether the PCSP will meet the needs of the child, and assist with defining any conditions or restrictions before approving the agreement.

  •  The parent and child contact plan is developed by the parent and the caregiver, with CPS assessing the plan for any safety issues and approving the plan. The caregiver may be able to monitor these visitations if he or she is in agreement with the plan and can reasonably ensure the child’s safety.

  •  Contact plans must not violate court-ordered visitation unless all parents agree in writing to voluntarily forego their scheduled visitation. See 2420 Developing a Safety Plan. The caregivers and caseworker should be aware that the parent can revoke his or her voluntary modification of visitation at any time.

  •  Detailed explanation of the roles and responsibilities of the PCSP caregiver during the placement; and

  •  Plan for meeting the child’s needs, such as medical, educational, and so on. The primary questions that should be answered are: who will fill the need (parent, caregiver or community or other resource), who will transport the child, who will be able to legally consent or agree, who will pay, and how often will the need arise.

Medical Needs

In the case of medical needs, the plan would include discussions about:

  •  whether the parent’s insurance coverage, if any, would provide for the costs of medical care;

  •  whether the parent will contribute or cover the costs;

  •  whether the parent has completed a nonparent authorization agreement or some other mechanism for the caregiver to consent, or whether the parent will continue to participate in the child’s medical care; and

  •  who will be responsible for transporting the child to and from appointments.

Educational Needs

In the case of educational needs, the plan should include discussions about:

  •  who will enroll the child in school:;

  •  whether the person needs a nonparent authorization agreement or some other mechanism for demonstrating lawful authority to enroll the child;

  •  how the caregiver will obtain records;,

  •  whether the parent will continue to participate in school meetings and activities;

  •  who will transport the child;

  •  and so on.

Other Major Needs

Each major need of the child should have a workable plan that addresses:

  •  who meets the need;

  •  how will the person or resource meet the need (including questions related to financial responsibility, consent authority and transportation),;and

  •  when will this need be met.

Concluding Preparation of the PCSP

The caseworker must:

  •  indicate the date the PCSP ends unless terminated sooner or extended as provided in 2436 Ongoing Assessment of the Parental Child Safety Placement;

  •  indicate the date the Voluntary Caregiver Manual was provided to the PCSP caregiver;

  •  indicate the date the completed PCSP Form 2298 was given to the parents and caregiver; and

  •  explain CPS’s role and responsibilities during the PCSP, including whether CPS will monitor any visits between the child and the parent, the frequency of caseworker visits, and any other services that CPS will provide to support the PCSP.

This form must be completed in its entirety and should be written so that the parent and caregiver can understand their respective responsibilities.

Once completed, the form must be signed by the parents, caregiver, caseworker, and supervisor. The caseworker must document verbal approval by the program director.

2435.5 Re-Evaluation of the Parent and Caregiver Agreement for Parental Child Safety Placement

CPS March 2013

The Agreement for Parental Child Safety Placement (Form 2298) should be re-evaluated every 30 days from the time the child enters the PCSP. The parent and caregiver must be involved each time in the assessment and evaluation of progress, with CPS approving the agreement. A new Form 2298 must be completed as a result of this re-evaluation if there are changes to the agreement before the 90th day.

If the PCSP goes beyond 90 days, see 2536.1 Extending a PCSP Past 90 Days.

2435.6 Making and Supporting the PCSP
2435.61 Implementing the PCSP

CPS March 2013

It is the preferred practice for the family to initiate and implement the actual placement. However, with supervisory approval, the caseworker may assist the family when the assistance can be reasonably accommodated, and:

  •  is requested for an emergency;

  •  is necessary to ensure child safety; or

  •  is necessary to make a reasonable effort to prevent removal.

The caseworker may assist with such tasks as making phone calls and providing transportation (with parental consent or when accompanied by a parent). See 2260 Overview of Transporting a Child During an Investigation.

The caseworker must document in IMPACT why the parent was unable to transport the child and that the parent gave consent for the caseworker to transport the child.

2435.62 Contact Requirements for Parental Child Safety Placements

CPS March 2013

Caseworkers must make face-to-face contacts with the parents, caregivers, and children a minimum of every 10 days while the case is in the investigation stage.

2435.7 Out-of-Region or Out-of-County PCSPs

CPS March 2013

PCSPs are made to facilitate child safety and therefore must continue to be assessed.

When PCSPs that cross regional or interregional management structures have been made, all components of the ongoing assessment must be completed as described in this item.

2435.8 Use of the Authorization Agreement for Nonparent Relatives

CPS March 2013

The Authorization Agreement for Nonparent Relatives, Form 2638, was established to allow parents to designate certain relatives to be authorized to provide for specific needs for a child in the care of that relative. See Texas Family Code Chapter 34.

This form was created for all parents, not specifically for CPS clients. By law, the agreement may only be used for the child’s parent to authorize the child’s grandparent, adult sibling, adult aunt or uncle, or other person with whom the child is placed in a PCSP to perform certain activities. The agreement may not be modified for use with any other relative or acquaintance.

The caseworker may inform the parent of the Authorization Agreement for Nonparent Relatives, but must not require or otherwise try to convince the parent or caregiver to use this form. This form is not required for a PCSP, but may be used if the parent and relative decide this is appropriate.

The willingness of a parent and the caregiver to use this form may not be considered as the basis for closing a case. The reason is that the agreement is a resource, not a safety tool, and can be revoked at any time by either the parent or caregiver. Please see the Frequently Asked Questions document for more answers on the use of Form 2638.

2436 Ongoing Assessment of the Parental Child Safety Placement (PSCP)

CPS March 2013

The supervisor must consult with the caseworker regarding the need to continue the PCSP. The supervisory consultation occurs a minimum of every 30 days from the initiation of the PCSP until the end of the PCSP or case closure.

The safety of the child is the primary objective throughout a parental child safety placement.

As part of the case decision-making process either before the safety plan expires or during the case transfer process, the caseworker continually assesses:

  •  the safety threats in the parent’s home; and

  •  the protective capacity of the parent to manage any existing safety threats to a vulnerable child in the home.

The caseworker:

  •  carefully considers the safety threats, parent’s protective capacity, and vulnerability of the child; and

  •  consults with the supervisor to determine whether the child can return home safely or whether other case actions are needed.

2436.1 Extending a PCSP Past 90 Days

CPS March 2013

The requirements for the review process are as follows:

  •  If it is necessary to continue the PCSP beyond 90 days, the supervisor provides the reasons for the PCSP to continue in consultation with the program director (PD) or risk manager before the expiration of the 90 days.

      At this point in the case, a discussion with the family must occur that explains the decision by DFPS and secures their agreement with the decision. If the parent and the caregiver are in agreement then the Agreement for Parental Child Safety Placement, Form 2298, must be reassessed and updated on a new form. If the family does not agree, the case should be assessed for possible legal action. The caseworker documents the discussion and outcome.

  •  A PCSP may not continue beyond six months unless staff receive written approval from the program administrator (PA) to continue the PCSP.

      If the case extends beyond six months, a discussion with the family must occur that explains the decision by DFPS and secures their agreement with the decision. If the parent and the caregiver are in agreement, then Form 2298 must be reassessed and updated on a new form. If the family does not agree, the case must be assessed for possible legal action. The caseworker documents the discussion and outcome.

  •  The caseworker is required to meet with the parents and PCSP caregivers before the scheduled CPS consultations to give the parents and caregivers the opportunity to recommit to or discontinue a PCSP after being informed of the potential consequences of each scenario. These meetings are an opportunity for the caseworker to revisit the purpose of the PCSP or to clarify issues and concerns with both the parents and the PCSP caregiver.

2436.2 Change in PCSP Caregiver Requested by the Parent

CPS March 2013

Parental child safety placements must always take the well-being of the child into consideration. Numerous placements are not conducive to the child’s emotional well-being, and a parent’s request for a change in placement must be explored with the parent.

During the case, if a parent requests more than two changes in caregivers, then:

  •  a program director (PD) must be consulted to help determine the case direction; and

  •  the PD’s approval is required for placement with a subsequent (third) PCSP caregiver.

The PD is responsible for assessing whether a PCSP will continue to be beneficial for the child and the parent, or whether legal intervention is necessary.

2437 Closing a Case Involving a Parental Child Safety Placement

2437.1 Returning a Child From a PCSP to the Parent’s Home

CPS March 2013

Once a child is in a PCSP, careful consideration must be given to how and when the child returns to the parent’s home. See 2436 Ongoing Assessment of the Parental Child Safety Placement. Before returning a child home, CPS must develop a plan with the parent who made the PCSP and the caregiver for the safe return of the child to the parent or another parent or guardian who is entitled to possession.

Texas Family Code §264.904(a)

In order to develop the required plan, all of the following must occur:

  •  Consultation with the caregiver and parent regarding potential reunification with discussion regarding their expectations of the child returning home

  •  Consideration of the child’s best interest in regard to multiple children being returned simultaneously or at varying times

  •  Consultation that includes the parent who made the PCSP, the caregiver, and program director (PD) or risk manager (as designated by the region) to develop a plan for the process of returning home. The plan includes:

  •  how quickly and with what frequency the caseworker must see the family after the child is returned to the home, and

  •  whether it is safe to close the case without monitoring. This is normally only approved when the child has been out of the home less than 30 days.

The caseworker documents the discussions and plan, addressing any other concerns that may be pertinent to the case.

2437.2 Returning the Child to a Different Parent or Legal Guardian

CPS March 2013

The caseworker should make every attempt possible to return the child to the parent who placed the child with the caregiver. If this is not possible, or the placing parent is in agreement, the child may be returned to a parent or person legally entitled to possession of the child as appropriate. 

The process described in 2437.1 Returning a Child From a PCSP to the Parent’s Home must be followed.

2437.3 Case Closure With an Open PCSP

CPS March 2013

In general, cases are not closed with a PCSP in place. Limited exceptions may occur with documented approval from the program administrator (PA) or regional director (RD). See the following exceptions for case closure.

Cases with children remaining in out-of-state PCSP’s should not be closed unless they meet the requirements in this sub-item and the receiving state has agreed to the closure.

2437.31 Child Can Safely Return to Parent

CPS March 2013

If CPS determines that the child could safely return to the parent who made the PCSP but the parent determines they are not ready for return of the child, CPS may close the case with the child remaining in the home of the PCSP caregiver if the parent agrees in writing to the arrangement.

Texas Family Code §264.904(b)

In this situation, the following must be completed by the caseworker before case closure:

  •  Document the basis for determination that child can safely return.

  •  Ensure that the caregiver is willing to continue to care for the child without CPS involvement.

  •  Ensure there is a workable plan for making sure the child’s needs are met after CPS is no longer in the case, as described under 2435.2 Parent and Caregiver Agreement for Parental Child Safety Placement.

  •  Ensure the child is aware of the plan to close the case and that the caregiver’s, parent’s and child’s questions have been answered.

  •  Get necessary approvals, including approval of the PA.

  •  Ensure that Form 0266 Voluntary Caregiver’s Case Closure Agreement is properly completed and signed.

2437.32 Child Cannot Safely Return to Parent

CPS March 2013

If a child cannot safely return to the parent who made a PCSP, whether it is because the parent refuses to complete services or cooperate with CPS, the parent has disappeared, the parent is incarcerated (see 6418 Incarcerated Parents), or for some other reason, the caseworker performs the following steps, as applicable:

1.   Determine whether DFPS will seek temporary managing conservatorship (TMC).

  •  Hold a consultation that includes the supervisor and PD to ensure all efforts to find the parents have been made if they have disappeared and to assess whether CPS can or should take legal action on the case before closure.

  •  If, after the consultation, CPS determines it is appropriate to seek legal action, an affidavit must be written and presented to the attorney who represents CPS in court. The affidavit must include the safety threats, all the services provided to the parent (if any), the status of the parent’s protective capacity, and the lack of behavioral changes by the parent that continue to leave the child unsafe if he or she is returned home.

  •  Consult with the attorney representing CPS in court, the supervisor, and PD.

  •  If the attorney and CPS are in agreement, seek TMC in accordance with 2500 Removing a Child From the Home. If named TMC following the request, the conservatorship caseworker follows applicable substitute care policies. If the request for TMC is denied, the caseworker follows the instructions in #2 and #3, below.

2.   Take required actions if DFPS seeks, but does not obtain, TMC.

      If CPS seeks but does not obtain temporary managing conservatorship of a child who is in a PCSP, CPS is not required to complete all of the actions below under Step #3. However, in order to ensure the child’s needs are met to the greatest extent possible, the caseworker must complete as many of the actions as possible given the circumstances of the case.

3.   Take required actions if DFPS will not seek TMC.

  •  Document the basis for determining that the child can safely remain with the caregiver.

  •  Ensure that the caregiver is willing to continue the PCSP without CPS involvement.

  •  Ensure there is a workable plan for making sure the child’s needs are met after CPS is no longer in the case, as described under 2435.2 Parent and Caregiver Agreement for Parental Child Safety Placement.

  •  Ensure the child is aware of the plan to close the case and that the caregiver’s, parent’s and child’s questions have been answered.

  •  The caseworker completes Form 0266 Voluntary Caregiver’s Case Closure with the caregiver and, if possible, the parent. The form is then forwarded to the PD for approval and the case is discussed with the PA.

If the PA approves the case closure, the caseworker, supervisor, and PA sign Voluntary Case Closure Form (Form 0266) or the caseworker document’s the PA’s verbal approval and the form is given to the caregiver for signature. A copy is given to the parent, if available, and a copy is maintained in the case record.

2438 Expedited Background Checks For Emergency Placements

CPS March 2005

The expedited background check (EBC) unit is a centralized service that is available to caseworkers 24 hours a day, 7 days a week, for certain emergency placements. The EBC unit conducts three types of background checks:

  •  Expedited DPS Checks, which are criminal history checks done through the Texas Department of Public Safety (DPS) (referred to as DPS Direct Checks). See definitions, circumstances that apply, procedures, and limits in Item 2438.1 Expedited DPS or IMPACT History Checks.

  •  Expedited IMPACT History Checks. See definitions, circumstances that apply, procedures and limits in Item 2438.1.

  •  Expedited National Criminal History Checks, which are done through DPS and the FBI. See definitions, the one circumstance that applies, procedures, and limits in Item 2438.2 Expedited National Criminal History Checks.

The EBC unit can be reached at 1-800-252-3223. A phone script will direct the worker to the unit. The mailing address of the EBC unit is DFPS, SWI EBC Unit, P.O. Box 149030 Austin, TX 78714-9030, mail code 019-3.

2438.1 Expedited DPS or IMPACT History Checks

CPS March 2005

Caseworkers may obtain an immediate DPS or IMPACT History check through the Expedited Background Check unit in two circumstances:

  •  To facilitate emergency parent/kinship placement — A parent or CPS needs an emergency placement for the child with a parent/relative or fictive kin to prevent removal and needs a DPS and/or an IMPACT history check to help determine the appropriateness of the placement, AND there is no time consistent with the nature of the emergency to conduct and receive the DPS and/or IMPACT history check in the normal course of business.

  •  To facilitate immediate court ordered placement — A court wants to place the child immediately with a parent/relative or fictive kin, and CPS is at court and needs a DPS or an IMPACT History check to help determine the appropriateness of the kinship placement, AND there is no time consistent with the nature of the emergency to conduct and receive the DPS and/or IMPACT history check in the normal course of business.

2438.2 Expedited National Criminal History Checks

CPS March 2005

Caseworkers may obtain an immediate national criminal history check with delayed submission of fingerprint cards in one circumstance:

To facilitate emergency kinship placement — this means:

  •  a parent or CPS needs to place the child with a relative or fictive kin to prevent an emergency removal;

  •  the subject of the check has lived, or is believed to have lived, in another state within the last three years;

  •  CPS needs a national criminal history check to help determine the appropriateness of the placement; and

  •  there is no time consistent with the nature of the emergency to conduct and receive the national criminal history check in the normal course of business.

2438.3 Additional Requirement For Fingerprint Card Within Seven Days Requires a Safety Plan

CPS March 2005

After requesting an expedited national criminal history check pursuant to Item 2438, Expedited Criminal History Check, DFPS must submit a completed fingerprint card to DPS for the subject of the national criminal history check. The completed fingerprint card must be submitted in a timely manner (see time frames below). To make sure this additional requirement is met, the caseworker must have a safety plan that covers the actions that need to be taken and time frames related to timely submittal of the fingerprint card. The caseworker, the parent, and the subject of the national criminal history check must agree to and sign a safety plan that must contain the following requirements and statement:

  •  At the time of the emergency placement or the next business day, the caseworker must provide a fingerprint card that includes the IMPACT person identification number of the person whose record is to be checked, the IMPACT case identification number, and other required information as indicated in Appendix 7240, Instructions for Obtaining and Processing Fingerprint Cards. The worker must verify the information with the person who is the subject of the FBI check;

  •  Within seven calendar days after receiving the finger print card from the caseworker, the subject(s) of the check must sign and deliver the card with fingerprints placed in the appropriate boxes to the worker; and

  •  A statement of the consequences of not providing the completed fingerprint cards within seven calendar days (see Item 2438.4, Consequences of Not Providing Completed Fingerprint Cards).

Within two calendar days of receiving the fingerprint card completed as instructed in Appendix 7240, the caseworker must mail the fingerprint card to the EBC unit, which forwards it to DPS (DPS tracks the expedited FBI check by the IMPACT person identification number). The worker will get a report in the regular mail providing the results of the fingerprint-based check, which must be filed in the paper case record.

The caseworker must document the results of the FBI Fingerprint Check on the Records Check page for the subject of the check by taking the following actions:

  •  In the Type field, select "FBI Fingerprint Check"; and

  •  In the Comments field, document the results of the check.

2438.4 Consequences of Not Providing Completed Fingerprint Cards

CPS September 2005

If completed fingerprint cards are not provided, DFPS is required to remove the child from the kinship home, to the extent permitted by state law. The decision-making about the removal differs somewhat depending on who placed the child in the kinship home. The chart below provides "If – Then" scenarios depending on whether the parent made the placement, or CPS, as the child's conservator, made the placement.

Note: If the subject of the check does not provide the completed fingerprint cards in a timely manner, then the caseworker must staff the case with their supervisor and an assessment of all of the factors of the case should be made regarding the appropriateness of leaving the child in the kinship placement. The caseworker must document in IMPACT the decision made as well as the rationale for this decision. The caseworker must also document all steps taken to obtain the fingerprint cards from the subject of the check.

If ...

and if ...

then ...

the parent made the placement and CPS is not the conservator, 

the person who was the subject of the national criminal history check fails to provide the completed fingerprint card within 7 business days after the placement,

CPS must ask the parent to reconsider the placement because the subject of the check has failed to follow the safety plan, and the parent cannot know if the child is safe due to the lack of national criminal background information on the subject who has lived out of state.

the parent does not find another placement for the child,

the completed fingerprint cards have still not been provided,

CPS must discuss with the parent that the consequence of not locating another placement may be a request by CPS for a court order to remove the child from their custody and for CPS to obtain custody of the child.

CPS is the child's conservator and made the placement,

the person who was the subject of the national criminal history check fails to provide the completed fingerprint card within 7 business days after the placement,

CPS must notify the court immediately and ask that the person be court-ordered to provide the completed fingerprint card.

2438.5 Procedure for Obtaining Expedited Background Checks

CPS September 2005

To get an expedited background check, the worker calls the Expedited Background Check (EBC) unit at 1-800-252-3223. The following information must be provided to the EBC unit, and if possible, the worker must verify this information before calling the EBC unit:

  •  The worker's name and the fact that he or she is a DFPS employee

  •  The type of expedited background check being requested

  •  Enough information for the EBC unit to verify that this is an appropriate circumstance to request an emergency background check (if the CPS caseworker indicates this check is for an expedited check for relative or fictive kin placement or the court orders an immediate placement, EBC will complete the check.)

  •  The case name and the case number (or the call identification number), if available in the emergency situation

  •  The full name, date of birth, and gender of the person on whom the check is to be made.

  •  If available, the driver's license number, address, race/ethnicity, and Social Security number of the person on whom the check is to be made.

With the worker on the phone, the EBC unit conducts the check. Once the check is completed, the EBC unit will give the results of the background check(s) to the worker over the phone. A fax may be used to transmit lengthy results. The EBC unit will subsequently send an email to the worker with instructions for accessing the background check results in IMPACT.

If a national criminal history check is being conducted, a Texas DPS check is conducted simultaneously.

If any of the systems are down or other contacts are necessary, DPS will contact the EBC unit when the information becomes available.

2438.6 Use of the Background Check Information

CPS March 2005

Certain criminal history records and abuse/neglect history records affect whether DFPS can accept the emergency voluntary placement recommended by the custodial parent. If a placement is not acceptable, DFPS asks the parent to find another placement or considers whether CPS needs to seek removal and conservatorship through the courts.

These same criminal history records and abuse/neglect history records also affect whether DFPS can make a Placement With Relatives and Other Kinship Caregivers under Section 4500.

Too Much or Inadequate Information

If the background checks contain more information relative to child safety than can be analyzed in the emergency time frame, and/or the safety of the child cannot be verified in light of the information in the check, then the worker must establish another plan to ensure the child's safety or ask the parent to place the child with another person. For example, the criminal history information may be too voluminous to make an immediate decision on placement, or there may be inadequate information to verify the identity of the person on whom the check is being requested.

2438.7 Limitations

CPS March 2005

The supervisor is responsible for ensuring that the worker does not take one of the following actions without documented supervisory approval:

  •  Launch a regular DPS Criminal History Check through IMPACT on a person if the worker has received the results of a DPS Direct Check performed by the EBC unit on the person.

  •  Ask the EBC unit for an emergency DPS or IMPACT History check because the worker failed to complete the check on IMPACT in a timely manner.

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