Before a caregiver travels outside of the United States with a child who is in DFPS conservatorship, DFPS must file a motion with the court to request approval.

Texas Family Code, §264.122

Caseworker Responsibilities

When the caseworker receives a completed Form 2069 Caregiver Declaration Regarding Out-of-Country Travel from the caregiver, the caseworker must take the following steps:

1. Use the U.S. Department of State’s Travel Advisories webpage to research the specific destination for conditions that may affect safety and security. The caseworker must pay special attention to the following:
   • Travel alerts.
   • Travel warnings.
   • Travel restrictions.
   • Recent embassy notices.
   • Threats to safety and security.
   • Medical facilities and health information.
2. Consider the child’s health issues, if any.
3. Consult with the regional immigration attorney, if the child is not a U.S. citizen, to assess the effect of the travel on the child’s immigration status.
4. Determine if there a risk for an international custody dispute given the parent’s and child’s circumstances. If so, the caseworker must staff the travel request with the regional attorney before submitting a motion to the court.
5. Review the international travel request with the supervisor to determine whether DFPS recommends approval or denial of the request.
6. Submit, through regional management, a DFPS action memo packet to the CPS associate commissioner. The DFPS action memo for international travel includes all of the following:
   • The purpose of the trip.
   • Background information or a summary of planned activities.
   • A summary of the research conducted for the planned destination, including whether there are safety, immigration, or health concerns for the child.
   • The caseworker’s and supervisor’s recommendation for the associate commissioner’s approval.
7. Upon receiving the assistant commissioner’s action memo response, complete the DFPS section at the bottom of Form 2069, including whether DFPS supports or opposes the proposed travel.
8. Coordinate with the attorney representing DFPS to submit the request for court approval before the child travels, whether DFPS supports or opposes the proposed travel.

For additional guidelines and information, see the When a Child or Youth in CPS Conservatorship Travels Resource Guide.