The caseworker must conduct an assessment to determine the non-custodial parent’s fitness, which is the non-custodial parent’s ability to safely and adequately care for the child and the child’s best interest.

To assess the non-custodial parent for placement without initiating an ICPC home study request, the caseworker must take following steps.

Background Checks

Background Checks in Other States

If background check results have not already been obtained during the Investigation stage, the caseworker must request that the non-custodial parent make a good faith attempt to obtain from the non-custodial parent’s current state of residence:

  •   a child abuse and neglect central registry check; and

  •   a state-based criminal history check.

Only the non-custodial parent, not the caseworker or DFPS attorney, may contact the other state’s child welfare office to obtain the child abuse and neglect central registry check, as this would violate the ICPC.

If the caseworker has reason to believe that the non-custodial parent may have criminal history from another state besides Texas and the state where the non-custodial parent currently resides, the caseworker must request that the non-custodial parent obtain an FBI fingerprint-based criminal history check instead of a state-based criminal history check.

If the caseworker has reason to believe that the non-custodial parent may have child abuse and neglect history from a state other than Texas and the state where the non-custodial parent currently resides, the caseworker must request that the non-custodial parent make a good faith attempt to obtain a child abuse and neglect central registry check from that state, in addition to obtaining one from the state where the non-custodial parent currently resides.

The caseworker must work with the non-custodial parent to obtain the necessary information. However, if the caseworker cannot acquire the information, the lack of this information is not a basis for determining the non-custodial parent’s fitness.

Texas Name-Based Search

The caseworker must conduct a name-based search of the non-custodial parent in the Texas Department of Public Safety (TDPS) database and in IMPACT.

Home Visit

The caseworker must attempt to secure a home visit of the non-custodial parent’s residence by local law enforcement, CASA, or a similar entity apart from the other state’s child welfare agency.

Phone Interview

The caseworker must conduct a phone interview with:

  •   the non-custodial parent;

  •   other individuals living in the non-custodial parent’s home; and

  •   the parent the child was removed from, if appropriate.

During these phone interviews the caseworker must assess the non-custodial parent’s fitness. If the non-custodial parent has access to video conferencing, the caseworker must attempt to conduct the interview with that non-custodial parent using video conferencing to assess the non-custodial parent’s home and living situation.

If the non-custodial parent is unable to obtain background check results from the state the non-custodial parent is living in or the caseworker is unable to obtain a home visit, the caseworker must attempt to obtain as much information as possible through the interviews.

Issues to Address

During the interviews, the caseworker must address the following issues:

  •   the child’s age, wishes, and needs;

  •   whether the non-custodial parent is prepared and able to address any special therapeutic, medical, or other needs of the child, such as trauma from abuse or neglect, physical or mental disabilities, etc.;

  •   whether the non-custodial parent is financially able to provide a stable home for the child;

  •   whether other individuals who are age 14 or older and live in the home, or will have substantial contact with the child have a child abuse and neglect and/or criminal history. If the caseworker has reason to believe that child abuse and neglect and/or criminal history exist, the caseworker must request that the individual make a good faith attempt to obtain a child abuse and neglect central registry check and/or a state-based criminal history check;

  •   the nature of the abuse or neglect in the custodial parent’s home;

  •   the extent to which the non-custodial parent was or should have been aware of the circumstances that caused the removal from the custodial parent;

  •   the degree of existing relationship or history with the child, including when the non-custodial parent last lived with, visited, or communicated with the child;

  •   the ability of both parents to cooperate regarding parenting and/or reunification;

  •   the terms of any existing custody order, including any restrictions on access or requirement that the non-custodial parent’s visitation be monitored.

The caseworker must also consider any other evidence of the non-custodial parent’s fitness, including but not limited to evidence that any court with jurisdiction over child custody cases has:

  •   ordered that any child be removed from that non-custodial parent’s care and the non-custodial parent has not regained custody;

  •   terminated the non-custodial parent’s rights with regard to any of the non-custodial parent’s children; or

  •   limited the non-custodial parent’s contact with regard to any of the non-custodial parent’s children.

The caseworker must discuss any concerns regarding the placement with the child’s attorney and/or guardian ad litem.