Unless a court requires a different format, the caseworker must use Form 2088 [sic, intranet link]Word Document Permanency Plan and Progress Report to the Court to report on the permanency plan for a child who is under DFPS’s temporary managing conservatorship (TMC).

The form provides fields for entering content required by federal law, state law, and DFPS policy.

The caseworker must include information in the progress report necessary for the court to make findings and determinations in the following categories.

Locating Appropriate Individuals

The caseworker must include information for the court to make findings and determinations about DFPS’s efforts to:

  •   locate and request service of citation on all persons entitled to service; and

  •   obtain a parent’s assistance in locating the child’s absent parent, alleged father, or relative.

Child Safety and Well-Being

The caseworker must include information for the court to make findings and determinations about:

  •   if the child’s safety, well-being, and needs, including medical or special needs, are being met;

  •   the extent of the parties’ compliance with any temporary court orders and the service plan; and

  •   the extent of the parties’ progress toward alleviating the causes that led to the child’s removal.

Normalcy

The caseworker must include information for the court to make findings and determinations about whether DFPS has ensured that:

  •   the child has regular, ongoing opportunities to engage in age and developmentally appropriate normalcy activities;

  •   the child’s substitute caregivers are following the reasonable and prudent parent standard by making decisions similar to those a parent would make regarding a child’s participation in age-appropriate normalcy activities without DFPS’s prior approval; and

  •   for a child who is age 16 or older and has a permanency plan of another planned permanent living arrangement, the child’s foster family home or child care institution is consulting with the child in an age-appropriate manner about opportunities for the child to participate in activities.

Placement Status

The caseworker must include information for the court to make findings and determinations about:

  •   if the child’s placement (in state or out of state) continues to be necessary, appropriate and in the child’s best interest, including whether the placement is the least-restrictive and in closest proximity to the child’s parents;

  •   whether to return the child to the child’s parents if they are willing and able to provide a safe environment and return is in the child’s best interests;

  •   a likely date by which the child may be:

  •   returned to and safely maintained in the child’s home;

  •   placed for adoption; or

  •   placed in a permanent managing conservatorship;

  •   the child’s placement options, both in-state and out-of-state, if the child’s permanency plan no longer calls for reunification with the parents.

Permanency Plan

The caseworker must include information for the court to make findings and determinations about:

  •   the appropriateness of the permanency goals for the child developed in accordance with department rule, and whether DFPS has made reasonable efforts to finalize the permanency plan.

  •   if the child’s permanency plan is another planned permanent living arrangement, whether the child has been consulted about the desired permanency outcome and whether it is the best permanency plan for the child; and

  •   the services required to assist a child aged 14 or older in transitioning from substitute care to successful adulthood and if such services are available in the child’s community.

Medical Care

The caseworker must include information for the court to make findings and determinations about the appropriateness of the child’s medical care including a summary of the medical care as follows:

  •   the nature of any emergency medical care, including any injury or acute illness suffered by the child;

  •   all medical and mental health treatment the child is receiving, and the child’s progress with the treatment;

  •   any medication prescribed for the child; the condition, diagnosis, and symptoms for which the medication was prescribed; and the child’s progress with the medication;

  •   whether a child receiving psychotropic medication has been provided appropriate non-pharmacological interventions, psychological therapies, or behavior strategies to meet the child’s needs, and the dates since the previous hearing of any office visits the child has had with the provider that prescribed the prescription;

  •   the degree to which the child or foster care provider has complied or failed to comply with any plan of medical treatment for the child;

  •   any adverse reactions to or side effects of any medical treatment provided to the child;

  •   any specific medical conditions of the child that have been diagnosed or for which tests are being conducted to make a diagnosis; and

  •   any activity that the child should avoid or should engage in that might affect the effectiveness of the treatment, including physical activities, other medications, and diet.

Texas Family Code §266.007External Link

The caseworker must also include information on whether the child has been provided, in a developmentally appropriate manner, the opportunity to express the child’s opinion on any medical care the child is receiving.

See 11161 Including Medical and Behavioral Health Information in Court Reports

Education

The caseworker must include information for the court to make findings and determinations about:

  •   whether an education decision-maker for the child has been identified; and

  •   whether the child’s education needs and goals have been identified and addressed.

Significant Events

The caseworker must include information about significant events for the child, including:

  •   a placement change, including DFPS’s failure to locate an appropriate placement for at least one night;

  •   a significant change in medical condition;

  •   an initial prescription or change in dosage of psychotropic medication;

  •   a major change in school performance or a significant disciplinary event at school; and

  •   any event determined to be significant under DFPS rules.

Additional Information and Recommendations

The caseworker must also include in the permanency progress report:

  •   recommendations or concerns that DFPS, as the child’s managing conservator, wants the court to consider at the hearing;

  •   any additional information DFPS determines is appropriate and relevant to the court’s findings at the permanency hearing before a final order is rendered;

  •   a determination of whether it is advisable for the child to attend the hearing; and

  •   any other information requested by the court.

42 USC §675(5)(B)(C)External Link

Texas Family Code §§153.375External Link, 263.303External Link, 263.306External Link, 266.007External Link