The caseworker must not base her or his concerns about the placement and the non-custodial parent’s lack of fitness on the inability to obtain background checks or a home visit. The caseworker’s concerns must be based on other evidence that the non-custodial parent would not be able to adequately and safely parent the child.

If, based on the information obtained from the assessment, the caseworker has concerns regarding the parent’s fitness, the caseworker must inform the non-custodial parent that he or she can:

  •   request that the Texas caseworker initiate an ICPC home study (unless the case originates from a county in the Fourth Court of Appeals); or

  •   request a hearing in the Texas court to determine whether or not the parent is fit for placement of the child.

Note: Special requirements apply if the caseworker has concerns with the placement and the case is being heard in one of the following counties in the Fourth Court of Appeals:

      Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval, Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes, Kendall, Kerr, Kimble, Kinney, La Salle, Mason, Maverick, McMullen, Medina, Menard, Real, Starr, Sutton, Uvalde, Val, Verde, Webb, Wilson, Zapata, and Zavala

See If the Caseworker Has Concerns With the Placement and the Case Is Being Heard in a County in the Fourth Court of Appeals, below.

Requesting an ICPC Home Study

Except in those counties listed above, if the non-custodial parent requests that the Texas caseworker initiate an ICPC home study, the caseworker must prepare the documentation specified in 4511 Documenting a Request to Place a Child Outside of Texas. The caseworker must submit the competed documentation for supervisory approval no later than 15 calendar days after the date of the non-custodial parent’s request.

The supervisor submits the approved home study request to the regional ICPC coordinator, who submits it to the Texas Interstate Compact Office (TICO). TICO must receive an approved home study request no later than 30 calendar days after the date of the non-custodial parent’s request.

Requesting a Hearing in the Texas Court

If the non-custodial parent requests that a hearing be set, all parties, including DFPS, will have the opportunity at the hearing to present evidence regarding the non-custodial parent’s fitness or lack of fitness.

Court Determines the Parent is Fit

If the trial court finds insufficient evidence to show the non-custodial parent is unfit, the attorney representing DFPS must request that the Texas court:

  •   make a finding in the court order that placement with the non-custodial parent is no longer contrary to the child’s welfare;

  •   enter an order placing the child with the non-custodial parent; and

 •    dismiss the case.

See 4513.14 Issues to Address Before Dismissal and Placement With the Non-Custodial Parent.

Court Determines the Parent is Unfit

If the court finds the evidence shows the non-custodial parent is unfit, the attorney representing DFPS must request that the court order that DFPS remain managing conservator with responsibility for placement and care of the child.

If the court enters such an order, the non-custodial parent may still seek placement of the child under ICPC. If the non-custodial parent requests that DFPS initiate an ICPC home study, the caseworker must prepare the documentation specified in 4511 Documenting a Request to Place a Child Outside of Texas. The caseworker must submit the competed documentation for supervisory approval no later than 15 calendar days after the date of the non-custodial parent’s request.

The supervisor submits the approved home study request to the regional ICPC coordinator, who submits it to TICO. TICO must receive an approved home study request no later than 30 calendar days after the date of the non-custodial parent’s request.

If the Caseworker Has Concerns With the Placement and the Case is Being Heard in a County in the Fourth Court of Appeals

If the case is being heard in one of the following counties, the caseworker must not inform the non-custodial parent that an ICPC home study is an option or initiate an ICPC home study on the parent even if requested by the non-custodial parent:

      Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval, Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes, Kendall, Kerr, Kimble, Kinney, La Salle, Mason, Maverick, McMullen, Medina, Menard, Real, Starr, Sutton, Uvalde, Val, Verde, Webb, Wilson, Zapata, and Zavala

In these counties, the attorney representing DFPS must advise the court that a decision of the Fourth Court of Appeals, In The Interest Of C.R.-A.A., which found that ICPC does not apply to a non-custodial parent, is controlling. If DFPS believes a non-custodial parent is unfit for placement and the case is from one of the above-named counties, DFPS must request a hearing in the Texas court for the court to determine the non-custodial parent’s fitness. See Requesting a Hearing in the Texas Court, above.

If, after the hearing, the trial court finds insufficient evidence to show the non-custodial parent is unfit, the attorney representing DFPS must request that the Texas court:

  •   make a finding in the court order that placement with the non-custodial parent is no longer contrary to the child’s welfare;

  •   enter an order placing the child with the non-custodial parent; and

 •    dismiss the case.

See 4513.14 Issues to Address Before Dismissal and Placement With the Non-Custodial Parent.

However, if the court finds the evidence shows the non-custodial parent is unfit, the attorney representing DFPS must request that the court order that DFPS remain managing conservator with responsibility for placement and care of the child. If the court still orders that DFPS initiate a home study or other ICPC services after being advised of In The Interest Of C.R.-A.A., the caseworker must comply with the court order.