Consent at Age 16

When a youth reaches age 16, a DFPS or Single Source Continuum Contractors (SSCC) primary worker must advise the youth of the right to request a hearing to determine whether he or she may be authorized to consent to his or her own medical care. The primary worker provides the youth with training on informed consent and the provision of medical care, as part of the Preparation for Adult Living (PAL) program.

Texas Family Code §266.010(l)External Link

The youth's attorney ad litem also advises the youth of his or her right to request that the court authorize the youth to be his or her own medical consenter.

Texas Family Code §107.003External Link

Reviewing Form 2092 with the Youth

Before a child turns age 16, or for a youth who is at least 16 years old when he or she enters care, the caseworker must do as follows:

• Review Form 2092 Notice of Your Right to Request the Court to Authorize Consent for Your Own Medical CareWord Document with the youth.
• Sign the notice and have the youth sign the notice.
• Provide the youth with a copy of the form.
• File the original form in the youth's case record.
• Review with the youth the medical resources on the Health Insurance (Medicaid) and Other Public BenefitsExternal Link page of the Texas Foster Youth Justice Project website.
• Instruct the caregiver to take the Medical Consent Training for Caregivers on the DFPS website.

In the Medical Consent Resource GuidePDF Document, see Informing Youth About Certain Rights.

Service Management at Age 17

All youth, age 17 or older, must be enrolled in STAR Health service management, which will assist the youth in managing the use of his or her medication and in managing his or her long-term physical and mental health needs after leaving foster care. The primary caseworker contacts STAR Health at 1-866-912-6283 to ensure the youth is enrolled in this service no later than the 90th day after the youth’s 17th birthday.

Texas Family Code 264.121(g)External Link

Consent at Age 18

Youth in DFPS conservatorship, who are not authorized by the court to be their own medical consenters at age 16 or 17, will become their own medical consenters when they turn 18 years old. Primary caseworkers must ensure that 17-year-old youth complete Medical Consent Training for Caregivers, no later than 90 days before becoming 18 years of age.

Primary caseworkers must ensure that youth 17 years of age who were prescribed psychotropic medications also complete Psychotropic Medication for Children in Foster Care Training no later than 90 days before becoming 18 years of age.

If a youth is not able to complete the training online, the primary caseworker reviews the training with the youth using the documents available in PowerPoint on the Psychotropic Medication Training web page.

The conservatorship caseworker files the youth's signed Form 2759 Acknowledgement and Certificate of Completion of Medical Consent TrainingPDF Document in the youth's case record. If the youth is required to complete Psychotropic Medication Training for Children in Foster Care, the caseworker files documentation in the youth's case record that the youth completed the training.

Plans for a Youth Transition to a Successful Adulthood

The caseworker includes provisions in the youth's Child’s Plan of Service (CPOS) to assist the youth in safely managing his or her medication after exiting foster care. The CPOS must include information that educates the youth about the following:

• The use of the youth's specific medications.
• Resources available to help the youth safely manage the medication.
• Informed consent (see 11320 Psychotropic Medications).
• The youth's right to request to be his or her own medical consenter.

See 6252 Types of Permanency Planning Meetings.