If a person who is proposed as a permanent placement for the child but is not a party to the suit is unable to attend mediation, the caseworker must:

  •   speak with that person before or during the mediation to discuss any recommendations that will affect the person; and

  •   obtain information from that person before DFPS enters the mediated agreement affecting that individual.

For example, when the parties in a case have identified a relative or fictive kin (such as close family friends) to be named as permanent managing conservator, but the relative or kin has not yet been named as a party to the suit, the caseworker must obtain a response from that relative or kin before DFPS enters the mediated agreement.