Footnotes

[1] CPS Handbook § 2200, located at http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_2200.asp. Last visited August 16, 2016.

[2] The Texas Family Violence Bench Book, located at http://www.txcourts.gov/media/478288/domesticviolencebenchbook.pdf.http://www.txcourts.gov/media/478288/domesticviolencebenchbook.pdf. Last visited August 16, 2016.

[3] Updates to chapters of the Texas Family Violence Bench Book, located at: http://www.txcourts.gov/publications-training/judicial-ethics-bench-books/judicial-bench-books.aspx Last visited August 16, 2016.

[4] Interstate Compact on Placement of Children, located at: http://www.aphsa.org/content/AAICPC/en/ICPCRegulations.html. Last visited August 16, 2016.

[5] CPS Handbook § 4523, located at: https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_4500.asp#CPS_4523. https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_4500.asp#CPS_4523. Last visited August 16, 2016.

[6] A Guide for Those “Aging Out” of Foster Care in Texas, located at: http://texaschildrenscommission.gov/media/71987/5th-Edition-Foster-Youth-Guide-Web-Final.pdf Last visited August 19, 2016.

[7] Extended Court Jurisdiction Flowchart, located at: http:www.dfps.state.tx.us/Child_Protection/Fostering_Connections/documents/extended_court_jurisdiction_flow_chart.pdf. Last visited June 1, 2016.

[8] DFPS Transitional Living Services Handout, located at: https://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/documents/Transitional_Living_Services_Handout.pdf Last visited August 23, 2016.

[9] DFPS Extended Jurisdiction Matrix, located at: http://texaschildrenscommission.gov/media/1146/ExtendedJurisdictionMatrixFinal-_2_.pdf Last visited August 16, 2016.

[10] National Conference of State Legislatures, http://www.ncsl.org/research/human-services/disproportionality-and-disparity-in-child-welfare.aspx. Last visited May 30, 2016.

U.S. Department of Health and Human Services (2010). Administration for Children and Families, Administration on Children, Youth, and Families. The AFCARS report: Preliminary FY 2009 estimates as of July 2010. Washington, DC: U.S. Government Printing Office.

[11] Billingsley, A., & Giovannoni, J. M. (1972). Children of the storm. New York: Harcourt Brace Jovanivich.

[12] Hill, R. B. (2008). An analysis of racial/ethnic disproportionality and disparity at the national, state, and county levels. Seattle, WA: Casey Family Programs.

[13] Texas Department of Family and Protective Services. (2014). Disproportionality in Child Protective Services Trend Analysis: 2006-2012, located at http://texascasaconference.org/wp-content/uploads/sites/4/2013/08/Disproportionality-Trend-Analysis-2014-Report-Specia_01-05-15.pdf. Last visited August 24, 2016.

[14] Texas Department of Family and Protective Services, https://www.dfps.state.tx.us/Child_Protection/Initiatives/Disproportionality Last visited August 26, 2016.

[15] The Center for the Elimination of Disproportionality and Disparities, located at http://www.hhsc.state.tx.us/hhsc_projects/cedd/ Last visited August 24, 2016.

[16] Courts Catalyzing Change Preliminary Protective Hearing Benchcard, located at http://www.ncjfcj.org/sites/default/files/CCC%20Bench%20Card%20Insertsfinal.pdf. Last visited August 24, 2016.

[17] Located at http://www.ncjfcj.org/sites/default/files/CCC%20Bench%20Card%20Insertsfinal.pdf. Last visited August 24, 2016.

[18] Available online at http://www.fostercareandeducation.org/DesktopModules/Bring2mind/DMX/Download.aspx?EntryId=1937&Command=Core_Download&method=inline&PortalId=0&TabId=124. Last visited August 16, 2016.

[19] Available online at at http://texaschildrenscommission.gov/media/2511/2012-13-Updated-Foster-Care-Data-Handout_v2.pptx. Last visited August 16, 2016.

[20] Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub. L. No. 110-351. Available online at http://www.gpo.gov/fdsys/pkg/PLAW-110publ351/pdf/PLAW-110publ351.pdf. Last visited August 16, 2016.

[21] Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub. L. No. 110-351. Available online at http://www.gpo.gov/fdsys/pkg/PLAW-110publ351/pdf/PLAW-110publ351.pdf. Last visited August 16, 2016.

[22] Federal law references the local education agency. This term is synonymous with the school district. In Texas, the state education agency (SEA) is the Texas Education Agency.

[23] U.S Departments of Education and Health & Human Serv., Admin. for Children & Families (2014) joint letter regarding coordination between local education and child welfare agencies. Available online at: http://www2.ed.gov/about/inits/ed/foster-care/fostering-connections-letter.doc. Last visited August 16, 2016.

[24] U.S. Dep’t Health & Human Serv., Admin. on Children for Children & Families, CWPM § 8.1B Q27 (2007) . A, available online at: www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=36#1803. Last visited August 16, 2016.

[25] Every Student Succeeds Act, Pub. L. No. 114–95. Available online at: https://www.gpo.gov/fdsys/pkg/BILLS-114s1177enr/pdf/BILLS-114s1177enr.pdf. Last visited August 16, 2016.

[26] McKinney-Vento Homeless Assistance Act of 1987, Pub. L. No. 100-77. Available online at http://www.gpo.gov/fdsys/pkg/STATUTE-101/pdf/STATUTE-101-Pg482.pdf. Last visited August 16, 2016.

[27] Available online at http://www.dfps.state.tx.us/Application/Forms/showFile.aspx?NAME=2085-E.docx. Last visited August 16, 2016.

[28] Family Educational Rights and Privacy Act of 1974, Pub. L. No. 93-380. Available at http://www.gpo.gov/fdsys/pkg/STATUTE-88/pdf/STATUTE-88-Pg484.pdf. Last visited August 16, 2016.

[29] Uninterrupted Scholars Act of 2013, Pub. L. No.112-278. Available at http://www.gpo.gov/fdsys/pkg/BILLS-112s3472enr/pdf/BILLS-112s3472enr.pdf. Last visited August 16, 2016.

[30] See U.S. Dep’t of Ed Guidance on the Uninterrupted Scholars Act. Please see Guidance Document, Questions 19, Q and 21 (2014). Available at https://www2.ed.gov/policy/gen/guid/fpco/ferpa/uninterrupted-scholars-act-guidance.pdf . Last visited August 16, 2016.

[31] Available at http://www.txcourts.gov/publications-training/training-materials/truancy-reform.aspx. Last visited August 16, 2016.

[32] Please see, Op Tex. Att’y Gen. No. MW–43 (1979), available at https://www.texasattorneygeneral.gov/opinions/opinions/46white/op/1979/htm/mw0043.htm. Last visited August 16, 2016.

[33] Please see CPS Policy Handbook Section 15510, available at http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_x15000.asp#CPS_15510. Last visited August 16, 2016.

[34] Available online at http://www.depts.ttu.edu/ttuisd/Files/pdf/14Grad-toolkit-booklet.pdf. Last visited August 16, 2016.

[35] For more information about changes made during the 84th Session by SB 149, please see, TEA “To the Administrator Addressed” Letter dated May 11, 2015, available at, http://tea.texas.gov/interiorpage_wide.aspx?id=25769821127. Last visited August 16, 2016. See further, 19 Tex. Admin. Code § 74.1025.

[36] Rehabilitation Act of 1973, Pub. L. No. 93-112. Available online at http://www.gpo.gov/fdsys/pkg/STATUTE-87/pdf/STATUTE-87-Pg355.pdf. Last visited August 16, 2016.

[37] For more information about the ARD committee process, please see https://framework.esc18.net/Documents/ARD_Guide_ENG.pdf. Last visited August 16, 2016.

[38] Social Security Act § 477. Available online at http://www.ssa.gov/OP_Home/ssact/title04/0477.htm. Last visited August 16, 2016.

[39] Available online at http://texaschildrenscommission.gov/media/72133/DFPS_higher_ed_benefits_and_information-1-.pdf Last visited August 23, 2016

[40] Available online at https://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/documents/Transitional_Living_Services_Handout.pdf Last visited August 23, 2016

[41] Available online at http://texaschildrenscommission.gov/media/2460/Education_Issues_for_Students_in_Foster_Care.pdf. Last visited August 16, 2016.

[42] Available online at http://texaschildrenscommission.gov/media/2526/Education-Unplugged-for-Foster-Care-Summit-Feb-2013-.pptx. Last visited August 16, 2016.

[43] Available online at http://texaschildrenscommission.gov/media/2520/Connection-between-Education-and-CPS-Law-Feb-19-2013-final-.ppt. Last visited August 16, 2016.

[44] Available online at: http://texaschildrenscommission.gov/media/2505/TX-Blueprint-Childrens-Comm-Final-Report-FINAL-330pm-022415.pdf Last visited August 16, 2016..

[45] Available online at http://www.tea.state.tx.us/FosterCareStudentSuccess/resource-guide.pdf.http://www.tea.state.tx.us/FosterCareStudentSuccess/resource-guide.pdf. Last visited August 16, 2016.

[46] Available online at http://texascasa.org/learning-center/resources/educational-advocacy-toolkit/. Last visited August 16, 2016.

[47] found at: http://texaschildrenscommission.gov/media/46343/Texas-Blueprint-Data-Workgroup-Infographic.pdf. Last visited August 16, 2016.

[48] Available online at https://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/documents/Transitional_Living_Services_Handout.pdf Last visited August 23, 2016

[49] DFPS Visitation Plan Template, located at: http://texaschildrenscommission.gov/media/1113/-4-Visitation-Plan.pdf. Last visited August 16, 2016.

[50] DFPS No Contact Visitation Plan template, located at: http://texaschildrenscommission.gov/media/1110/-3-No-contact-Visitation-Plan.pdf. Last visited August 16, 2016.

[51] DFPS Visitation Best Practice Guide, located at: http://texaschildrenscommission.gov/media/1104/-1-Best-Practice-Guide-3-.pdf. Last visited August 16, 2016.

[52] Developed by DFPS and provided to parents at visitation, located at:

http://texaschildrenscommission.gov/media/1119/-6-Visitation-Observation.pdf. Last visited August 16, 2016.

[53] DFPS Parent/Supportive Adult Visitation Record and Observation Form, located at:

http://texaschildrenscommission.gov/media/1119/-6-Visitation-Observation.pdf. Last visited August 16, 2016.

[54] March 2016 Parameters, located at:

https://www.dfps.state.tx.us/Child_Protection/Medical_Services/documents/reports/2016-03_Psychotropic_Medication_Utilization_Parameters_for_Foster_Children.pdf Last visited August 16, 2016.

[55] STAR Health PMUR Process for STAR Health Members FAQ and Stakeholder Manual, located at:

https://www.dfps.state.tx.us/Child_Protection/Medical_Services/documents/STAR_Health_PMUR_FAQ.pdf

Last visited August 16, 2016.

[56] Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, available online at: https://www.gpo.gov/fdsys/pkg/BILLS-106hr3244enr/pdf/BILLS-106hr3244enr.pdf. Last visited August 16, 2016.

[57] National Center for Missing and Exploited Children and National Council of Juvenile and Family Court Judges (2015). Missing Children, State Care, and Child Sex Trafficking: Engaging the Judiciary in Building a Collaborative Response. Reno, Nevada. Available online at: http://www.missingkids.org/en_US/publications/missingchildrenstatecare.pdf. Last visited August 16, 2016.

[58] For more information on the Office of the Attorney General of Texas Human Trafficking Prevention Task Force, please visit https://www.texasattorneygeneral.gov/cj/human-trafficking. Last visited August 16, 2016.

[59] Preventing Sex Trafficking and Strengthening Families Act of 2014, Pub. L. No: 113-183, available online at: https://www.congress.gov/113/plaws/publ183/PLAW-113publ183.pdf. Last visited August 16, 2016.

[60] Bureau of Indian Affairs (BIA), Guidelines for State Courts and Agencies in Indian Child Custody Proceedings, 80 Fed. Reg. 10146 (Feb. 25, 2015). Available online at http://www.indianaffairs.gov/cs/groups/public/documents/text/idc1-029637.pdf. Last visited August 16, 2016.

[61] Id.

[62] 25 U.S.C. §1903(1); BIA Guidelines, supra note 1 at Rule A.3.

[63] 25 U.S.C. §1903(8) [“Indian tribe” defined]; In re A.J., 733 A.2d 36 (Vt. 1999).

[64] BIA Guidelines, supra note 1 at Rule A.3., When does ICWA apply?

[65] BIA Guidelines, supra note 1 at Rule A.3(c), When does ICWA apply?

[66] BIA Guidelines, supra note 1 at Rule B.2. (b), What actions must an agency and State court undertake in order to determine whether a child is an Indian child?

[67] BIA Guidelines, supra note 1 at Rule B, Pretrial Requirements.

[68] “Indian custodian” is defined in ICWA as “any Indian person who has legal custody of an Indian child under tribal law or custom or under State law or to whom temporary physical care, custody, and control has been transferred by the parent of such child.” 25 U.S.C. §1903(6).

[69] BIA Guidelines, supra note 1 at Rule C.3, How is a determination of “good cause” made?

[70] BIA Guidelines, supra note 1 at Rule C.3(e), Yavapai-Apache Tribe v. Mejia, 906 S.W.2d at 163.

[71] BIA Guidelines, supra note 1 at Rule C.2(b).

[72] BIA Guidelines, supra note 1 at Rule A. 4, How do I contact a tribe under these guidelines?

[73] 25 C.F.R. §23.2, “Parent means the biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. The term does not include the unwed father where paternity has not been acknowledged or established.”

[74] BIA Guidelines, supra note 1 at Rule B.2(b)(1).

[75] BIA Guidelines, supra note 1 at Rule B.6(a).

[76] BIA Guidelines, supra note 1 at Rule B.6(a).

[77] BIA Guidelines, supra note 1 at Rule B.8.(f).

[78] "Under ICWA, enrollment is not a necessary condition of tribal membership. Nelson v. Hunter, 132 Or. App. 361, 364, 888 P.2d 124, 125-26 (Ct. App. 1995). "[M]embership may be established through proof of enrollment[;] enrollment is not the exclusive test of membership." Id. "Enrollment is not always required in order to be a member of a tribe. Some tribes do not have written rolls. Others have rolls that list only persons that were members as of a certain date." Id., 888 P.2d at 125; accord In re Junious M., 144 Cal. App. 3d 786, 791, 193 Cal. Rptr. 40, 42-43 (Dist. Ct. App. 1983). Likewise, ICWA contains no blood quantum requirement; rather, each tribe has its own criteria. See Thomas R. Myers & Jonathan J. Siebers, ICWA: Myths and Mistaken Application, 83 Mich. Bar. J. 12, 21 (2004)." In re R.R., 294 S.W.3d 213 (Tex. App. 2009).

[79] BIA Guidelines, supra note 1 at Rule B.1. Determination That Child Is an Indian.

[80] BIA Guidelines, supra note 1 at Rule A.3 (b), When does ICWA apply?

[81] BIA Guidelines, supra note 1 at Rule B.8(f) What is the process for the emergency removal of an Indian child?

[82] BIA Guidelines, supra note 1 at Rule D, Adjudication of Involuntary Placements, Adoptions, or Terminations or Terminations of Parental Rights.

[83] BIA Guidelines, supra note 1 at Rule F.2, What placement preferences apply in adoptive placements?

[84] 25 U.S.C. §1915(c) (tribe can alter placement preferences by resolution).

[85] BIA Guidelines, supra note 1, at Rule F.1, When do the placement preferences apply?

[86] BIA Guidelines, supra note 1 at Rule F.4. How is a determination for ‘‘good cause’’ to depart from the placement preferences made?

[87] BIA Guidelines, Rule F.4(b)(4).

[88] BIA Guidelines, supra note 1 at Rule D.3.(c). What are the applicable standards of evidence?

[89] BIA Guidelines, supra note 1 at Rule A. 2. What terms do I need to know?

[90] Id. at B.1, When does the requirement for active efforts begin?

[91] BIA Guidelines, supra note 1 at Rule D.4. Who may serve as a qualified expert witness?

[92] BIA Guidelines, supra note 1 at Rule E.1(b).

[93] DFPS Child Protective Services Handbook, Section 9300, Placing Children Outside of Texas, located at: https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_9300.asp#CPS_9300. Last visited August 16, 2016.

[94] Explanation of ICPC Regulation VII (October 2011), located at: http://icpc.aphsa.org/content/dam/AAICPC/PDF%20DOC/Home%20page/ICPC-Regulation7-Sept2011.pdf, and suggested court order, located at: http://www.aphsa.org/content/dam/AAICPC/PDF%20DOC/Home%20page/FormOrderforExpeditedPlacementDecision2011.pdf Last visited August 16, 2016.

[95] The Psychotropic Medication Parameters for Foster Children can be found online at:

https://www.dfps.state.tx.us/Child_Protection/Medical_Services/documents/reports/2016-03_Psychotropic_Medication_Utilization_Parameters_for_Foster_Children.pdf Last visited August 23, 2016

[96] Department of Family and Protective Services, Child and Adolescent Needs and Strengths Assessment (CANS), located at http://texaschildrenscommission.gov/media/70771/CPS-CANS-Presentation.pdf Last visited August 16, 2016.

[97] Travis County Travis County Collaborative for Children, Defining a Trauma-Informed Organization, Program, or System, located at http://media.wix.com/ugd/34f85b_500749dbe84e433abc819e626bb22791.pdf. Last visited August 16, 2016.

[98] Meeting the Needs of High Needs Children in the Texas Child Welfare System (November 2015), located at: https://www.dfps.state.tx.us/About_DFPS/Reports_and_Presentations/CPS/documents/2015/2015-12-03_Stephen_Group_High_Needs_Assessment.pdf. Last visited August 16, 2016.

[99] Understanding Trauma-Informed Care in the Texas Child Welfare System: Data and Recommendations from the Field (October 2015), located at: http://texascasa.org/wp-content/uploads/2015/10/FINAL-Trauma-Survey-Report-10.5.15.pdf. Last visited August 16, 2016.

[100] Respecting the Needs of Children and Youth in Texas Foster Care: Acknowledging Trauma and Promoting Positive Mental Health throughout the System (December 2014), located at: http://texascasa.org/wp-content/uploads/2015/01/Texas-CASA-Mental-Health-Task-Force-Report-final-webversion.pdf. Last visited August 16, 2016.