During mediation, caseworkers must not agree to share managing conservatorship with another person or entity, barring extraordinary circumstances.

If a caseworker determines that there are extenuating circumstances that warrant shared managing conservatorship, the caseworker must:

  •   discuss the option with the attorney representing DFPS;

  •   obtain approval from the supervisor and program director; and

  •   ensure that the mediated settlement agreement includes an acknowledgment by any foster parents in the case that, during the shared conservatorship, the foster parents may no longer be eligible for foster care maintenance payments.

DFPS Rules, 40 TAC §700.1031(d)External Link