TX :: Child Protective Services Handbook :: 6100 Overview of Substitute Care :: 6151.3 Notification Requirements and Schedule

The notification time frame starts from the time the caseworker becomes aware of the event. If the caseworker becomes aware of an event and a hearing is scheduled before the deadline for providing notice, the caseworker must provide notice of the event at the hearing.

The caseworker must provide notice in a manner that would most reliably notify the person, including the use of electronic notice whenever possible.

At Least 48 Hours Before the Event

Event

People to Notify

Non-emergency change in the residential child care facility of a child in care.

  • Child’s parents.
  • Parents’ attorneys.
  • Child’s attorney ad litem.
  • Child’s guardian ad litem.
  • Child’s court-appointed special advocate (CASA).
  • Licensed CPA administrator or designee.
Within One Hour Following the Event

Related Policy

Event

People to Notify

6461.5 Caseworker Actions When a Missing Child Returns to Care

Child returns after being missing or running away from care.

  • Special investigator (SI) assigned to case.
  • Primary caseworker when SI recovers the child or youth.

6461.5 Caseworker Actions When a Missing Child Returns to Care

Child who was missing from care and placed on the Amber Alert system returns to care.

  • Appropriate law enforcement officials.
  • SI assigned to case.
Immediately, but No Later Than Eight Hours Following the Event

Related Policy

Event

People to Notify

6461.1 Notification Requirements When a Child or Youth Runs Away or Is Missing

Child is missing or runs away from care.

  • Appropriate law enforcement agency.
  • National Center for Missing and Exploited Children (NCMEC) at the 24-hour call center: 1-800-THE LOST (1-800-843- 5678). The caseworker must also obtain a reference number from NCMEC.
  • Designated SI regional mailbox.
  • Regional director’s assistant.
  • The court.
  • Child’s parents, unless an exception is met (see Texas Family Code §264.123External Link).
  • Parents’ attorneys.
  • Child’s attorney ad litem.
  • Child’s guardian ad litem.
  • Child’s CASA.
  • Child’s probation or parole officer if involved with juvenile probation or the Texas Juvenile Justice Department (TJJD).
  • Care coordination team, if applicable.
  • Human trafficking and commercially sexually exploited youth advocate agency, if applicable.
Immediately, but No Later Than 12 Hours Following the Event

Related Policy

Event

People to Notify

6461.5 Caseworker Actions When a Missing Child Returns to Care

Child returns after being missing or running away from care.

  • Appropriate law enforcement agency.
  • The National Center for Missing and Exploited Children (NCMEC) at the 24-hour call center: 1-800-THE LOST (1-800-843- 5678). The caseworker must also obtain a reference number from NCMEC.
  • Regional director’s assistant.
Immediately, but No Later Than 24 Hours Following the Event

Related Policy

Event

People to Notify

6461.5 Caseworker Actions When a Missing Child Returns to Care

Child returns after being missing or running away from care.

  • The court.
  • Child’s parents, unless an exception is met (see Texas Family Code §264.123External Link).
  • Parents’ attorneys.
  • Child’s attorney ad litem.
  • Child’s guardian ad litem.
  • Child’s CASA.
  • Child’s probation or parole officer if involved with juvenile probation or TJJD.
  • Care coordination team, if applicable.
  • Human trafficking and commercially sexually exploited youth advocate agency, if applicable.

6461.5 Caseworker Actions When a Missing Child Returns to Care

Child reports that child was the victim of a crime while being missing or having run away from care.

Appropriate law enforcement officials.

6461.5 Caseworker Actions When a Missing Child Returns to Care

Child reports that child was the victim of abuse or neglect while being missing or having run

away from care.

Statewide Intake (make a report of abuse or neglect to the hotline).

6490 If a Child Dies While in Substitute Care

Child dies in substitute care.

  • Child’s parents (may be notified even if rights terminated) or relatives who have been involved with the child if parents cannot be found.
  • SWI.
  • CVS supervisor and program director.
  • Medical examiner or justice of the peace.
  • Law enforcement when necessary.
  • The court.
  • Child’s attorney ad litem.
  • Parents’ attorneys.
  • Child’s guardian ad litem.
  • Attorney representing DFPS in child’s case.
  • DFPS regional attorney.
  • Licensed child placing agency administrator.

11162 Notifying Parents About Psychotropic Prescriptions and Significant Medical Conditions

Significant change in medical condition, including mental or behavioral health conditions, enrollment or participation in a drug research program, or initial prescription of a psychotropic medication.

Child’s parents.

5561.3 Notice of Termination Required for Certain Relatives

Termination of parental rights.

  • All paternal and maternal relatives of the child (including adult relatives of the legal or alleged father) who are related to the child within the fourth degree of consanguinity.
  • All adult grandparents, great-grandparents, aunts, uncles, nieces, nephews, and siblings of the child’s legal father or alleged father, if DFPS has a reasonable basis to believe the alleged father is the child’s biological father.
  • Everyone designated by the parent as a potential caregiver on Form 2625 Child Caregiver ResourcePDF Document.
  • Any other relative or fictive kin (close family friend) the caseworker determines should receive notice.

Notice is not required for people served with citation by the court or determined ineligible for notice based on criminal or family violence history.

As Soon as Possible, but No Later Than Two Business Days After the Event

Event

People to Notify

Caseworker receives a discharge notice from contracted or kinship placement.

The child’s CASA, guardian ad litem, and attorney ad litem.

As Soon as Possible, but No Later Than Three Business Days After the Event

Event

People to Notify

Child is placed in a new placement.

The child’s CASA, guardian ad litem, and attorney ad litem.

Emergency removal from a contracted or kinship placement.

The child’s CASA, guardian ad litem, and attorney ad litem.

As Soon as Possible, but No Later Than Five Business Days After the Event

Event

People to Notify

The decision to move a child from one contracted placement to another contracted placement or kinship home (DFPS-initiated placement change).

The child’s CASA, guardian ad litem, and attorney ad litem.

As Soon as Possible, but No Later Than 10 Days After the Event

Event

People to Notify

Placement change, including failure to locate an appropriate placement for one or more nights.

All people or entities listed in 6151 Whom to Notify.

Significant change in medical condition, including mental or behavioral health conditions, enrollment or participation in a drug research program, or initial prescription of a psychotropic medication.

All people or entities listed in 6151 Whom to Notify.

A medical consenter declines consent for a medically necessary course of treatment for a physical, behavioral, or dental condition as well as any prescribed medication.

All people or entities listed in 6151 Whom to Notify.

Any change in dosage of a psychotropic medication, which includes titration (adjusting the amount) or discontinuation of the medication.

All people or entities listed in 6151 Whom to Notify.

A major achievement or change in school performance, including:

  • Any failing grade in a reporting period that jeopardizes the student’s advance to the next grade level.
  • A serious disciplinary event at school.
  • Any event for which the school district is required by Texas Education Code §25.007External Link to provide notice to DFPS.

All people or entities listed in 6151 Whom to Notify.

A DFPS or HHSC Residential Child Care Licensing investigation of alleged abuse or neglect, regardless of whether the subject child is alleged to have been the victim or perpetrator of abuse or neglect.

All people or entities listed in 6151 Whom to Notify.

  • The child’s involvement with law enforcement or juvenile justice, regardless of whether the child is involved as a victim or alleged offender.
  • Any other serious legal situation.

All people or entities listed in 6151 Whom to Notify.

The use of emergency behavior intervention, if DFPS receives notice about such use from the person or entity who used the emergency behavior intervention, including personal restraints, emergency medication, seclusion, mechanical restraints, or chemical restraints.

All people or entities listed in 6151 Whom to Notify.



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