DFPS requests permanent managing conservatorship (PMC) without terminating parental rights only when one of the following circumstances applies:

  •   It is not possible to dismiss DFPS as conservator or name another individual as the child’s PMC; and it is not possible to terminate parental rights.

  •   The appointment is an interim solution to a more favored conservatorship option, as discussed in 5553.3 Pursuing Preferred Permanency Options When DFPS Is Named as the Child’s PMC.

  •   The option is the most appropriate outcome for the child.

It is extremely rare that requesting PMC without terminating parental rights is the best option; therefore, before making such a request, the caseworker must:

  •   consult with the supervisor, the program director, and the attorney representing DFPS to consider if there are grounds for terminating parental rights; and

  •   obtain final approval from the program director.

If the caseworker is seeking PMC without terminating parental rights because the county or district attorney disagrees that the evidence supports a more favored option, the caseworker must also consult as soon as possible with the supervisor and regional attorney to consider alternative options.