A non-custodial parent is a parent with whom the child was not living at the time of removal.

The caseworker may only initiate an Interstate Compact on the Placement of Children (ICPC) home study request on a non-custodial parent if:

  •   the non-custodial parent’s rights to the child were previously terminated; or

  •   the court orders DFPS to initiate an ICPC home study and the caseworker:

  •   provides CPS state office with a copy of the court order; and

  •   completes the placement request packet in IMPACT (See 4511 Documenting a Request to Place a Child Outside of Texas).

If neither of the above situations applies, and a non-custodial parent living outside of Texas requests the child be placed with him or her, the caseworker must not initiate an ICPC home study request. Instead, the caseworker must assess the non-custodial parent as described in 4513.11 Assessing the Non-Custodial Parent.

The assessment may still result in the caseworker initiating an ICPC home study request if the non-custodial parent chooses that option, or the court orders the home study after conducting a hearing on the non-custodial parent’s ability to adequately and safely care for the child and finds that the non-custodial parent is unfit. See 4513.13 If the Caseworker Has Concerns With the Placement.

For the process that the Texas Interstate Compact Office and the other state follow, see 9200 Placing Children from Texas in Another State and its sub-items.