TX :: Child Protective Services Handbook :: 4100 The Placement Process :: 4114.4 Preference for the Least Restrictive Setting

TX :: Child Protective Services Handbook :: 4100 The Placement Process :: 4114.4 Preference for the Least Restrictive Setting

The caseworker must place the child or youth in the least restrictive, most family-like setting available, consistent with the child or youth’s best interest and special needs.

Social Security Act, Title IV-E, §675(5)(A)

Level of RestrictivenessType of DFPS Placement
Least restrictiveRelative’s home, including the home of a noncustodial parent
Moderately restrictiveFoster family home, adoptive home, or cottage-style general residential operation (GRO)
Most restrictiveChild care institution, including any other GRO, such as emergency shelters or RTCs and facilities regulated by other state agencies

The child or youth’s caseworker must document the reasons the placement was chosen in the Placement Detail page in IMPACT under least restrictive setting. If a relative, foster family home, adoptive home, or cottage-style GRO is not chosen, the caseworker must explain why a less restrictive setting was not appropriate for the child or youth. DFPS’s rules allow placement into more restrictive settings (see table above) in one of the following circumstances:

  • The child or youth needs treatment services or other programmatic services (other than child care services) that are not available or cannot be provided in a foster home or cottage-style GRO.
  • The child or youth is placed with a sibling or a parent who needs treatment services or other programmatic services, and placement with the sibling or parent in a GRO is deemed to be in the child or youth’s best interest.
  • The child or youth is placed in a GRO because it is close to the child or youth’s home or school of origin, and such placement is deemed to be in the child or youth’s best interest.
  • There is no foster home or cottage-style GRO immediately available for the child or youth to be placed in.
  • The court orders the placement.

DFPS Rules, 40 TAC §700.1311(a)



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