The caseworker must reassess the case to determine whether pursuing termination of parental rights is in the best interest of the child or if it is appropriate to discontinue service planning. These actions may be appropriate if the parents:

  •  are inactive in the child’s life;

  •  have not remained in contact with CPS and cannot be located despite concerted efforts;

  •  demonstrate a lack of interest in the child;

  •  do not complete services in the Family Plan of Service; or

  •  are unable to provide a safe home for the child to return to.

Discussion with the Parents

Active service planning continues for a minimum of six months following entry of the final order.

The caseworker must attempt to meet with the parents to:

  •  ask about the lack of participation and interest in the case;

  •  determine whether parents’ circumstances have changed;

  •  discuss the permanency goal and best interest of the child;

  •  gain current information to complete an FSNA; and

  •  discuss the parents’ willingness to sign a relinquishment of parental rights.

Consultation with the Attorney Representing CPS

The caseworker and supervisor must:

  •  review the permanency goals to determine whether goals remain appropriate;

  •  consult with the attorney representing CPS six months after CPS is named as permanent managing conservator without termination of parental rights, and when circumstances of the case change, to determine whether grounds for termination exist or can be established (see Texas Family Code §263.5031(3)(D)External Link). The attorney, caseworker, and supervisor discuss whether the child can be returned to the parent or placed with a relative or fictive kin, or if CPS should pursue termination of parental rights. The caseworker and supervisor reach a decision, based on the attorney’s advice.

If CPS has exhausted all reasonable efforts to engage the parent, and the parent clearly does not wish to participate in case planning or visitation with the child, CPS may discontinue case planning with the parent.

The program director must conduct case consultation and approve before the caseworker discontinues case planning for the parent.

If approved, the caseworker closes the family substitute care (FSU) stage of service in IMPACT if both parents meet these criteria and the program director gives approval.