Some homes function as both a verified foster home and an approved adoptive home for children in DFPS conservatorship. These homes are verified and approved for the sole purpose of receiving placements of children whose permanency plan is adoption, but whose parental rights have not yet been terminated.

Foster-to-adoptive placements that are made before termination of parental rights are considered legal risk placements. In these instances, the child is initially placed in a home to receive foster care, but after termination of parental rights the intent is for the child to achieve permanency through adoption in that same home.

See 6900 Adoption Preparation and Support Services.

Foster parents willing to accept legal risk placements must sign Form 2209 [sic, broken link]Word DFoster Parent Agreement at the time of verification. The form specifies that DFPS may remove a child from the home if it determines it is in the child's best interest.

Before submitting the family for the consideration of a legal risk placement, the FAD worker must have previously determined the type of child the family is best able to parent. Characteristics to consider should include the child's age, gender, and special needs.

Children Eligible for Legal-Risk Placement

Children who fall into any of the categories below could be considered appropriate for legal risk placement:

  •   abandoned infants for whom there is no information identifying the parents;

  •   children who are the subject of a parental rights termination suit and the attorney representing DFPS advises that there is a high probability that the court will grant termination on both biological parents because:

  •   one parent is deceased or has relinquished rights and the other parent is unknown,

  •   parental rights were previously terminated for the abuse or neglect of another child,

  •   the child has previously been removed, was returned home, and then re-entered foster care because of an additional incident of abuse or neglect,

  •   a parent who is the subject of the parental termination suit is the child's primary abuser, or

  •   a parent failed to protect a child from serious injury or death as a result of abuse inflicted by the other parent, who is the subject of a parental termination suit;

  •   children in cases where parental rights have been terminated, but the parents have filed an appeal;

  •   children for whom the court has ordered that an adoptive family must be selected before the parent's rights can be terminated;

  •   children whose siblings have already been placed for adoption;

  •   children for whom the permanency plan is adoption, but who have not yet been placed in an adoptive placement;

  •   children whose parents (alleged and presumed) have abandoned them, the children have been in DFPS's temporary managing conservatorship for at least six months and:

  •   DFPS has made reasonable efforts to reunite the child with the parent,

  •   the parent has not visited or maintained contact with the child

  •   the parent has demonstrated an inability to provide the child with a safe environment,

  •   and termination is in the child's best interest.

Minimum Standards for Child-Placing Agencies, 40 TAC §§749.3201 – 749.3221External Link