The caseworker must receive approval from his or her supervisor and a program director before taking possession of the child.

The caseworker and supervisor, with program director approval, may also seek approval from an attorney representing DFPS before taking possession of the child.

The caseworker does all of the following:

• Informs the child’s parents of the reasons for the removal.
• Gives the While Your Child Is in Our Care handbook to the parents. If the parents do not live together, the removing caseworker gives the handbook to each parent.
• Gives a completed Form 2231 Notice of Removal of ChildrenPDF Document to all parents at the time of removal, or no later than the first business day after removal. See Texas Family Code §262.109External Link.
• Has a discussion with the child about the following:
  • The child’s immediate needs.
  • Any special needs the child may have in the first 72 hours of placement.
  • Any known sexual victimization or sexual aggression history. If the child is suspected to have a sexual behavior problem, sexual victimization, or sexual aggression, the caseworker must document the information in IMPACT.
• Gives Form 2625 Child Caregiver ResourcePDF Document to the parents within 24 hours after removal and, to the extent possible, helps the parents complete the form. If the parents do not live together, the removing caseworker gives the form to each parent.
• Gathers any available information needed to complete the forms for the placement authorization, medical consenter, and education decision-maker.
• Gives the child’s Child Sexual History Report (Attachment A) that is generated in IMPACT and Form 2279 Placement Summary to the caregiver at the time of placement or within 72 hours of placement. The caseworker enters the date the Child Sexual History Report (Attachment A) was signed on the child’s placement page in IMPACT. The caseworker uploads the signed Child Sexual History Report (Attachment A) into OneCase. For policy about providing this information to the caregiver at the time of placement, see 4133 Provide and Discuss the Placement Summary (Form 2279). For policy about identifying, documenting, or notifying a caregiver about sexual victimization or sexual aggression, see 6419 Working with Children Who Are Sexually Aggressive, Have Sexual Behavior Problems, or Are Victims of Sexual Abuse.

If a DFPS lawsuit involves a child with possible Native American family history, the Indian Child Welfare Act (ICWA) may apply. See 5740 The Indian Child Welfare Act (ICWA).

Discussion with Child

The caseworker has a developmentally appropriate conversation with the child about both of the following:

• Why the removal was necessary.
• Any adults, particularly those who live in the child’s community, who the child would be comfortable living with.

The caseworker also makes sure that the child understands both of the following:

• DFPS will, to the extent possible, assess the adults who the child identified as potential caregivers for the child.
• There is no guarantee that the child will go live with these identified adults.

After the conversation with the child, the caseworker documents it in IMPACT. The caseworker makes sure that the adults who the child identified are documented on Form 2625 Child Caregiver Resource.

Initial Tasks after Removing the Child

After completing the emergency removal and placing the child, the caseworker does all of the following:

• Immediately, or no later than the next business day, asks the attorney representing DFPS to file a petition seeking relief and requesting an ex parte emergency hearing (that is, a hearing attended by only one party, which, in this case, is DFPS). The caseworker makes the request immediately so that the court can hold the ex parte emergency hearing within the required time frame, as described in 5412.3 Required Time Frame for Ex Parte Emergency Hearing (Exigent). See Texas Family Code §262.105(a)External Link and Texas Family Code §262.106External Link.
• Follows 5421 Requirements for Completing a Removal Affidavit and prepares an affidavit with sufficient evidence to satisfy the standard explained in 5412.1 Standard for Conducting an Emergency Removal before Obtaining a Court Order. See Texas Family Code §262.105(b)External Link and Texas Family Code §262.107(b)External Link. In the affidavit, the caseworker includes any critical information from the family’s history that would support a conclusion that the child’s household includes a person who has done either of the following:
  • Abused or neglected the child or another child in a manner that caused serious injury or death.
  • Previously sexually abused the child or another child.
• Participates as a witness, if needed, in the ex parte emergency hearing and is prepared to provide sufficient evidence to prove to the court that the situation meets all of the criteria in 5412.1 Standard for Conducting an Emergency Removal before Obtaining a Court Order (Exigent). See Texas Family Code §262.107External Link.
• Prepares for the adversary hearing that takes place no more than 14 calendar days after DFPS removed the child, unless the court orders an extension. See 3221 Notification and Assignment of Conservatorship Caseworker. (At the adversary hearing, the child’s parents or caregivers can challenge DFPS’s evidence supporting the emergency removal. See 5430 Adversary Hearing.)