Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

C. The Effect of CBC on Courts and Court Process

Stage II of CBC requires that DFPS transfer case management duties, which include court-related duties, to the single, lead agency who serves the community area so that these duties become the responsibility of the SSCC and its subcontractors which provide client services or residential care services. Court-related duties will be the responsibility of the SSCC, including preparation of court reports, appearing in court and mediation, offering testimony, complying with all court orders that would ordinarily bind DFPS, and ensuring the child is progressing toward the child's permanency goals in accordance with federally mandated guidelines. The SSCC's subcontractors may be called to appear in court or offer testimony related to the delivery of services, but the primary legal duties are to be completed by the SSCC. DFPS is the party to the lawsuit, and the SSCC acts as DFPS' agent. SSCC employees will confer with and operate under an attorney-client relationship with legal counsel as set forth in statute, whether DFPS is represented by a regional attorney, a county attorney, or a district attorney. Records that are related to the SSCC's provision of services in a community area are subject to the Public Information Act in the same manner as DFPS records.