If acting as a child-placing agency (CPA), DFPS must avoid actual or perceived conflicts of interest and impropriety. See 7810 Avoiding a Conflict of Interest When DFPS Employees Apply to Foster or Adopt.

If the following persons meet the relevant requirements and seek to become foster or adoptive parents of children in DFPS conservatorship, they must do so through a private child-placing agency, rather than being trained, verified, or monitored by DFPS in its role as a CPA:

  •   DFPS employees, including CPS staff

  •   Family members and relatives of DFPS employees

  •   DFPS council members

  •   Contracted service providers including subcontractors and vendors, such as home screeners and employees of a private CPA

  •   Any entity that financially benefits from DFPS including but not limited to paid consultants

  •   Volunteers, including court appointed special advocates (CASAs)

  •   Employees of a child advocacy center

  •   Members of a child welfare board

The requirement may also apply to other persons who have a close relationship with DFPS. The regional director, in consultation with FAD staff at the DFPS state office, makes this determination on a case-by-case basis.

Persons with a close relationship to DFPS include, but are not limited to:

  •   family court judges;

  •   county attorneys;

  •   district attorneys who represent DFPS;

  •   guardians ad litem for the child;

  •   attorneys ad litem for the parents or child; and

  •   CPS employees who are terminating their employment with CPS.

Minimum Standards for Child-Placing Agencies, 40 TAC §749.107(2)External Link

FAD staff must not conduct, review, or approve foster home screenings, adoptive home screenings, or post-placement adoptive reports if there is a conflict of interest or bias with the family or the child. For example, there would be a conflict of interest if the staff is related to or has a personal relationship with the family or the child.

Minimum Standards for Child-Placing Agencies, 40 TAC §749.107(1)External Link

When FAD staff conducts adoptive home screenings, the staff must verify that the person evaluated appears suitable for adoption. See 7210 Reasons for Screening Applicants for Foster Care and Adoption.

Minimum Standards for Child-Placing Agencies, 40 TAC §749.107(5)External Link