Texas Child Protection Law Bench Book
2023 version: As effective November 1, 2023
Family Visitation
A. Court Duties
Per Tex. Fam. Code § 263.107, not later than the 30th day after the date DFPS is named temporary managing conservator (TMC) of a child for whom the goal of DFPS is reunification with the parent, DFPS must develop a visitation plan in collaboration with each parent. In determining the frequency and circumstances of visitation, DFPS is to consider the safety and best interest of the child, the child's age, the desires of each parent regarding visitation with the child, the location of each parent and the child, and the resources available to DFPS, including resources to ensure visitation is properly supervised and providing transportation to the visit.
DFPS must file the visitation plan with the court 10 days before the Status Hearing, and the court must review the plan, taking into consideration the factors specified in Tex. Fam. Code § 263.107.
A visitation plan may be amended by mutual agreement of the child's parents and the department or as the department considers necessary to ensure the safety of the child. An amendment to the visitation plan must be in the child's best interest and may not conflict with a court order relating to possession of or access to the child. The department must file a copy of any amended visitation plan with the court. Tex. Fam. Code § 263.107.
Per Tex. Fam. Code § 263.108, after reviewing an original or amended visitation plan, the court must render an order regarding the parent's visitation with a child that the court determines is appropriate. Parents may petition the court to request review and modification of an original or amended plan. Tex. Fam. Code § 263.108(c).
Tex. Fam. Code § 263.109 states that if the court finds that visitation between a child and a parent is not in the child's best interest, the court shall render an order that states the reasons that visitation is not in the best interest of the child, and that outlines specific steps the parent must take to have visitation. DFPS has developed a “No Contact Visitation Plan” that requires documentation of why visitation is not in the child's best interest and what needs to occur in order for contact or visitation to begin. Tex. Fam. Code § 263.109(b). Please see the DFPS No Contact Visitation Plan Form for more information.[283]
Also, if the order requires supervised visitation, it must outline specific steps the parent must take to have the level of supervision reduced. Tex. Fam. Code § 263.109(c).
B. DFPS Best Practice Guide
DFPS issued a Child and Family Visitation Best Practice Guide for the field in 2015.[284] This guide provides Department employees with policy, guidance, and tools to assess the appropriateness of visitation, how to develop the visitation plan, how to engage fathers and other family members in the visitation process, the role of the foster parents, and how to move from one level of supervision to another.
1. Basic Principles Promoted by the Best Practice Guide
a. Visitation is essential for a child's well-being
The primary purpose of visitation is to maintain the parent-child attachment, reduce a child's sense of abandonment, and preserve their sense of belonging as part of a family and community. A child needs to see and have regular contact with their parent(s) and siblings, as these relationships are the foundation of child development.
b.Visitation is fundamental to permanency
Visitation facilitates permanency planning, promotes timely reunification, and helps in the decision-making process to establish alternative permanency plans. Visitation maintains and supports the parent-child relationship necessary for successful reunification.
c. Visitation is vital to a child maintaining family relationships and cultural connections
Maintaining family connections has life-long significance for a child. Regular visitation maintains their relationships with siblings and others who have a significant role in a child's life. When a child loses family connections, they also lose family history, medical history, and cultural history and information. Visitation is considered to be the heart of reunification, but even when reunification is not likely, parents, siblings and extended family continue to be important in a child's life.
d. Visitation and family contact should never be used as a reward or punishment but should always be considered a right of families and children
The absence of regular and frequent parent-child visitation or contact may have serious consequences for both a child and parent(s). Without visitation, the relationship can deteriorate, and both can become emotionally detached. When parent-child attachment suffers, reunification becomes more difficult.
2. Benefits of Parent-Child Visitation
• Supports parent-child attachment;
• Eases the pain of separation for all;
• Maintains and strengthens family relationships;
• Reassures a child that their parents/primary caregivers are all right and helps the child to not blame themselves for placement in foster care;
• Supports the family in dealing with changing relationships;
• Motivates parents to make positive changes in their life by providing reassurance that the parent-child relationship is important for a child's well-being;
• Provides opportunities for parent(s) to learn and try new skills;
• Supports a child's adjustment to the foster home;
• Enables the parent(s) to be active and stay current with their child's development, educational and medical needs, church and community activities;
• Provides opportunities for parent(s) to assess how their child is doing, and share information about how to meet their child's needs;
• Assists in the assessment and decision-making process regarding parenting capacities and permanency goals;
• Reduces the time in out-of-home care; and
• Increases the likelihood of reunification.
3. Supervision
If DFPS recommends to the court that visits be supervised, the visitation plan should include a summary statement of the assessed safety reasons supervision is necessary. In addition, parent(s) should clearly understand the specific safety factors preventing less restrictive contact with their child and what demonstrated changes will assist the caseworker in being able to make recommendations lifting supervision requirements.
C. Stages of Supervision
The following Stages of Supervision guide was adapted by DFPS and provides descriptions of the levels of supervision. Caseworkers can use this tool for assessment and planning to help determine and clearly communicate the structure of a supervised visitation plan. Additional guidance related to this assessment tool can be found in the 2015 DFPS Child and Family Visitation Best Practice Guide.[285]
D. Parent Information and Observation Form
This information is provided to parents to assist with pleasant and meaningful visits with their child. It was developed in partnership with parents and parent advocates.
• It is very important for you to attend every visit on time. If you do not do this, your child will be disappointed when they are at the visit and you are not. If you have a problem getting to the visit or know that you are likely to be late, contact your caseworker as soon as you can to inform the caseworker you will be late or are having a problem getting to the visit.
• It is best not to make promises to your child during visitation, but if you do make a promise, such as “next time I see you I will bring your favorite book from home,” make sure you fulfill that promise.
• You can bring toys, clothes, and pictures from home to the visit. If you have questions about the appropriateness of an item, contact your caseworker prior to the visit.
• Show your child affection (i.e., hugs and handholding) during the visit unless you have specifically been ordered not to by the court or your caseworker.
• The visit will be observed and there are two reasons for this: to ensure the safety and well-being of your child, and to gather information that will help improve future visits.
• Your child may ask difficult questions such as “when can I come home?” You should not respond with a specific date because that can change along the way and you don't want to disappoint your child. A good response could be “I hope it is soon, but I'm so glad I get to see you now.” Your child will probably ask this several times and possibly every time they talk to you.
• Your child may also not behave in a way you expect. If your child is fussy or upset, it may be because so much change is happening in your child's life or your child is tired or had a bad day. Take this opportunity to positively comfort, support, and talk to your child about what is going on in their life.
• If your child talks to you about their foster parent or family, you should listen and respond in a positive way. Although it may be difficult that your child cannot be with you right now, you should be as supportive as possible of the foster parent or family because they are taking care of your child and it is important that your child not feel bad about that. If you do have a concern about the foster parent or family, do not discuss it with your child or in front of your child. Inform the caseworker of your concerns after the visit, and if you have a lawyer, you may want to discuss with him/her as well.
• If you have questions about the visit or what was observed during the visit, you should feel free to ask the person observing you. If the person observing your visit uses a visitation observation form to document what happens at the visit, you should be given a copy of that form.
• If you have questions about your case or future visits, ask your caseworker after the visit.
• Don't talk to your child about your CPS case or caseworker during the visit. Use this opportunity to spend time with your child and enjoy your child's company. If your child asks questions about your case, suggest that the child ask the caseworker. If your child has an attorney ad litem or a CASA volunteer, you might also suggest that your child ask them any case- related questions.
• You may have a difficult time after and between visits. Talk to people in your life about how you are feeling. It might even be a good idea to tell them about the visit ahead of time, so you can have support ready for you. At the end of your visit, goodbyes can be difficult for you and your child. During the last 5 minutes, plan what you will do on your next visit together. Try putting it on paper and letting the child take it home with them. During the visit you can give your child something from home or draw a picture with them, so they have something to hold onto in between visits. Do not prolong the goodbye as it will make it harder for you and your child.
• If the visit didn't go as you had hoped or planned, don't be hard on yourself! Learn about what you need to improve and remember that there are no perfect parents. You just need to keep trying to be the best parent you can be for your child!
1. Observation
DFPS has also implemented a visitation observation form that is intended to document what occurs at supervised visits. The observer is asked to fill out responses to certain questions.
After the visitation session, the observer is required to provide the parent or adult with the form, and the parent/adult is asked to sign it. Parents can make notes on the observation form regarding how the visit went, whether the parent has any questions or concerns about the recorded information, and if the parent has anything he/she would like to add about the visit. Please see the Parent/Supportive Adult Visitation Record and Observation Form for more information.[287]
2. DFPS Review and Revision of Visitation Plan
Per DFPS, the visitation plan should be reviewed by DFPS monthly to determine progress, update goals, and determine if it is appropriate to consider changes in supervision, location, and setting. If there has been little or no progress towards developing protective actions and meeting case goals found during two consecutive monthly reviews, the caseworker is directed to initiate a formal or informal family meeting to determine how to modify the visitation plan to include a more intensive level of parent coaching/guidance around visitation.