Texas Child Protection Law Bench Book
August 2015 edition
Short Checklists
1. At a Glance
| At a Glance | ||||
| Adversary | Status | Perm Hearing Before Final Order | Perm Hearing After Final Order | |
| Hearing Set Timely | 14 days | 60 days | 1st at 180 days, thereafter, 120 days | 180 days, except 1st at 90 days if TPR |
| Court of Exclusive, Continuing Jurisdiction | Yes | No | No | No |
| Child AAL and GAL Appointed | No later than 14-day Hearing | Required before 14-day Hearing | Required before 14-day Hearing | Required before 14-day Hearing |
| Parent Attorney | Yes | Yes | Yes | No |
| Notice of Removal Provided | Yes | Yes | No | No |
| Notice of Hearing | Yes | Yes | Yes | Yes |
| Court Report Filed and Provided | Not Required | Not Required | Yes | Yes |
| Identify All Parties and Swear Witnesses | Yes | Yes | Yes | Yes |
| Inquire About Absent Parties | Yes | Yes | Yes | Yes |
| Inquire About Diligent Efforts | Yes | Yes | Yes | No |
| Address Service on Parties | Yes | Yes, if outstanding | Yes, if outstanding | No |
| Address Parentage Issues | Yes | Yes, if outstanding | Yes, if outstanding | No |
| Issue Orders Regarding Service | Yes | Yes, if outstanding | Yes, if outstanding | No |
| Admonish Parents of Right to Atty | Yes | Yes | Yes | No |
| Admonish Parents of TPR | Yes | Yes | Yes | No |
| Aggravated Circumstances | Yes | No | No | No |
| Inquire About Indian Heritage and Document | Yes | Yes | Yes | No, unless new information |
| Indian Child Welfare Act Standards | If applicable: clear and convincing, expert testimony | If applicable: active efforts | If applicable: active efforts | No |
| Child Placement Resources Form | Yes | Yes, if outstanding | No | No |
| Initial Home Studies on File | Yes | Yes | No | No |
| Child Present | No | No | Yes | Yes |
| Review Current and Alternative Placement | Yes | Yes | Yes | Yes |
| Temporary Visitation Plan on File | Yes | No | No | No |
| Review Visitation Plan | No | Yes | Yes | Yes |
| Service Plan Development | No | Yes | No | No |
| Review Service Plan | No | Yes | Review Compliance | Review Compliance |
| Review Permanency Goal | No | No | Yes | Yes |
| Review Education Goals, Progress, and Needs | No | If needed | Yes | Yes |
| Education Decision-Maker Identified | No | Yes | Yes | Yes |
| Review | No | Yes | Yes | Yes |
| Medical Consenter Identified | Yes | Yes | Yes | Yes |
| Child’s Opinion on Medical Care Known | No | No | Yes | Yes |
| Normalcy Activities | No | No | Yes | Yes |
| Reasonable Efforts Findings Required | Yes, to determine evidence sufficient for TMC to DFPS | Yes, as relates to Service Plan requirements | Yes, as relates to execution of permanency plan | Yes, as relates to execution of permanency plan |
| Determine Dismissal Date | Yes | Yes | Yes | No |
| Transitional Living Plan on File if Child is 16 or Older | No | No | No | Yes |
| Review Extended Jurisdiction | No | No | No | Yes |
| Set Next Hearing | Yes | Yes | Yes | Yes |
| Issue Order and Provide to Parties | Yes | Yes | Yes | Yes |
2. Adversary Hearing
15 minutes; up to 25 suggested best practice
Prior to Hearing:
⧠ Hearing within 14 days of removal unless temporary order extended
⧠ Child’s GAL/AAL appointed
⧠ Parties served
⧠ CCEJ identified
At Hearing:
⧠ Identify parties present and served
⧠ Inform parents of right to attorney
⧠ Determine indigence
⧠ DFPS notice to relatives
⧠ Need for language interpretation
⧠ Child Placement Resources Form/efforts to identify/locate parties not present
⧠ CPS and criminal background checks conducted and home studies initiated
⧠ Indian/Native American Heritage
⧠ Family Visitation Plan
At the End of the Hearing:
⧠ Determine sufficient evidence to grant DFPS TMC of child; if not, return child
⧠ Document danger to child/remaining is home is contrary to welfare; reasonable efforts to prevent removal and to return child home;
⧠ If TMC to DFPS, inform parents that rights may be terminated or limited
⧠ If cite by pub needed, may render temporary order anyway
⧠ Determine aggravated circumstances alleged or exist
⧠ If family violence, protective order necessary or available
⧠ If child victim of human trafficking, placement in secure agency foster or group home
⧠ Place child with noncustodial parent or relative unless not in best interest
⧠ ISSUE COURT ORDER
• Service
• Notice of removal
• Parentage or DNA testing
• Dismissal date
• Transfer CCEJ, if applicable
Best Practices:
⧠ Engage parties with direct questions
⧠ AAL form provided if client not seen
⧠ Review services with parents
⧠ Set Status Hearing date
⧠ Open court notice
⧠ Ask the following questions:
• What is preventing this child from returning home today?
• How is my decision specific to this child and this family?
• Are there cultural issues we need to understand?
Well-being Issues at Adversary Hearing:
⧠ School stability, education goals, progress, and issues, and education decision-maker
⧠ Medical care and behavioral or psychiatric care
⧠ Young adult presence at hearing or opinion about education or medical care
3. Show Cause Hearing
15 minutes; up to 25 suggested best practice
Prior to Hearing:
⧠ Suit supported by sworn affidavit
⧠ Hearing promptly set after filing
⧠ Child’s AAL/GAL appointed and notified
⧠ All necessary parties served
⧠ CCEJ identified
At Hearing (follows Tex. Fam. Code § 262.201):
⧠ Identify parties present
⧠ Inform parents of right to attorney
⧠ Determine indigence
⧠ If AAL hasn’t seen client, form filed
⧠ DFPS notice to relatives
⧠ Need for language interpretation
⧠ Child Placement Resources Form/efforts to identify/locate parties not present
⧠ CPS and criminal background checks conducted and home studies initiated
⧠ Indian/Native American Heritage
At the End of the Hearing:
⧠ Determine sufficient evidence to grant DFPS TMC of child; if not, child remains in home
⧠ Document remaining is home is contrary to welfare; reasonable efforts to prevent removal and to return child home
⧠ If child removed, issue appropriate order under Tex. Fam. Code Chapter 105
⧠ If child removed, inform parents that rights may be terminated or limited
⧠ If cite by pub needed, may render temporary order anyway
⧠ Place child with noncustodial parent or relative unless not in best interest
⧠ Determine aggravated circumstances alleged or exist
⧠ If family violence, protective order necessary or available
⧠ Child victim of human trafficking, placement in secure agency foster or group home
⧠ ISSUE COURT ORDER:
• Service
• Parentage or DNA testing
• Dismissal date
• Transfer to CCEJ
Best Practices:
⧠ Diligent efforts to locate parties not present
⧠ Engage parties with direct questions
⧠ Ask DFPS direct and specific questions about reasonable efforts
⧠ Review services with parents
⧠ Set Status Hearing date
⧠ Open court notice
⧠ Ask the following questions:
• What is preventing this child from remaining in the home today?
• How is my decision specific to this child and this family?
• Are there cultural issues we need to understand?
Well-being Issues at Show Cause Hearing:
⧠ School stability, education goals, progress, and issues, and education decision-maker
⧠ Medical care and behavioral or psychiatric care
⧠ Young adult presence at hearing or opinion about education or medical care
4. Status Hearing
15 minutes; up to 25 suggested best practice
Prior to Hearing:
⧠ Hearing 60 days after DFPS appointed TMC, unless aggravated circumstances
⧠ Persons given 10 days’ notice of hearing
⧠ Visitation Plan filed least 10 days before
⧠ Family Plan of Service filed no later than 45th day after DFPS appointed TMC
⧠ Education decision-maker form filed
⧠ Medical consent form filed
⧠ Parent attorneys appointed
⧠ Dismissal date set
⧠ Child assessment by no later than 45th day after child entered TMC of DFPS
At Hearing:
Due Process and General Matters
⧠ Identify parties present and served
⧠ DFPS due diligence to locate parties
⧠ DFPS notice to relatives
⧠ Need for language interpretation
⧠ Inform parents of right to attorney
⧠ If AAL hasn’t seen client, form filed
⧠ Child Placement Resources Form filed
⧠ Paternity issues/Paternity Registry
⧠ Home studies initiated
⧠ Review current and alternative placements
⧠ Review conservatorship and substitute care of the child
⧠ Indian/Native American Heritage
⧠ DFPS held or plans to hold Permanency Planning Meeting
⧠ Address citizenship issues, consulate notified
⧠ Review child’s medical care
Family Plan of Service (SP)
⧠ Determine if:
• SP developed jointly with parents
• Each term reviewed/discussed with parents; parents understand
• Parents informed of rights with SP process
• Noted if parent not able or willing to participate in development of SP
• Plan has primary and concurrent goal
• Plan is signed by parents and DFPS
⧠ Parent has opportunity to comment on SP
⧠ Court can modify SP at any time
Visitation Plan (VP)
⧠ Review VP:
• Age and safety of child at/during visitation
• Desires of each parent regarding visitation
• Location of each parent and child
• Transportation to/from visits
• DFPS/other resources available to support visitation
⧠ Court may modify VP at any time
⧠ If find visitation not in child’s best interest, include in order reasons and specific steps parent must take to have visitation
At the End of the Hearing:
⧠ Determine whether SP reasonably tailored for specific issues identified by DFPS
⧠ Determine whether any SP with goal of reunification adequately ensures that reasonable efforts made to enable parents to provide safe environment for child
⧠ Advise/Warn Parents & Parties:
• Custodial rights and duties subject to restriction or termination or child not returned unless parent demonstrates willingness and ability to provide child with safe environment
• Progress under SP reviewed at all hearings, including review of newly acquired knowledge or skills
⧠ Incorporate SP into court order and render additional, appropriate orders to require compliance with or implement SP
⧠ ISSUE COURT ORDER:
• Dismissal date
• May transfer to court of continuing, exclusive jurisdiction, if CCEJ exists
Best Practices:
⧠ Set first Permanency Hearing Before Final Order and announce in open court
⧠ Engage parties with direct questions
• Do you understand the purpose of the Service Plan?
⧠ Ask direct and specific questions of the Department about reasonable efforts
• What about this plan is reasonably tailored to address specific issues present in Ms. Smith’s case?
⧠ Ask the following questions:
• What is preventing this child from returning home today?
• How is my decision specific to this child and this family?
• Are there cultural issues we need to understand?
Well-being Issues at Status Hearing:
⧠ School stability, education goals, progress, and issues, and education decision-maker
⧠ Medical Consenter may need to be identified or updated
⧠ Review psychiatric care, especially if child or youth prescribed psychotropic medication
⧠ Young adult presence at hearing or opinion about education or medical care
5. Permanency Hearing Before Final Order
15 Minutes; up to 25 suggested best practice
Prior to Permanency Hearing (PH):
⧠ If first PH, scheduled within 180 days after DFPS named TMC
⧠ If subsequent PH, scheduled within 120 days of last PH
⧠ 10 days’ notice provided
⧠ DFPS Permanency Progress Report filed at least 10 days before PH and includes:
• Child’s Permanency Plan
• Summary of Medical Care
⧠ The court file includes:
• Notification of consent for medical care
• Education decision-maker Form 2085-E
• Visitation Plan
At Hearing:
⧠ Identify those present
⧠ Child in attendance
⧠ DFPS due diligence to locate and serve parties not present
⧠ Parent, alleged father or relative provided locating information for absent parents, alleged fathers, or relatives
⧠ Paternity issues/Paternity Registry
⧠ Need for language interpretation
⧠ Advise parents of right to counsel
⧠ Determine indigence
⧠ Indian/Native American Heritage
⧠ Citizenship issues, consulate notified
⧠ Compliance with orders/Service Plan and progress made
⧠ Parties and those present heard and provided opportunity to present evidence
⧠ If AAL has not seen child, form filed
⧠ Review Permanency Progress Report:
• Safety and well-being of child
• Child’s needs (medical/special)
• Child’s placement
• Child’s primary and alternative permanency goals
• DFPS reasonable efforts to finalize permanency plan
• Child provided opportunity to express opinion about medical care
• For child receiving psychotropic medication, whether child has:
o been provided non-pharmacological interventions.
o seen prescribing physician every 90 days for review
• Child’s education decision-maker identified, education needs and goals identified and addressed, and major changes in school performance or disciplinary events
• If 14 or older, transition services to assist from care to independent living
• For child with goal of APPLA:
o child’s desired permanency outcome; and
o whether APPLA best permanency plan; if so, provide compelling reasons why not in child’s best interest to:
▪ return home,
▪ adoption,
▪ placed with legal guardian, or
▪ placed with a fit and willing relative
⧠ Child receiving appropriate medical care
⧠ Child has regular, ongoing opportunities for age-appropriate normalcy activities, including those not in child’s service plan
At End of Hearing:
⧠ Determine whether to return child if parents willing and able to provide safe environment and in child’s best interest
⧠ Advise/Warn custodial rights and duties subject to restriction or termination
⧠ Incorporate changes or modifications to Service Plan into order
⧠ Likely date child returned home, placed for adoption, or placed in PMC
⧠ Set next PH within 120 days or sooner
⧠ Announce dismissal date and any upcoming hearings
Best Practices:
⧠ If lack of notice, consider resetting hearing to secure attendance
⧠ Engage parties with direct questions
⧠ Engage youth
⧠ Ask DFPS direct, child-specific questions about primary and concurrent goal
⧠ If not moving to positive permanency, set timelines and tasks to be completed prior to next hearing
⧠ AAL knowledgeable about child’s needs and legal objectives
⧠ Set next PH 90 instead of 120 days
⧠ For Older Youth:
• Family group decision-making
• Preparation for Adult Living (PAL)
• If turn 18 while in foster care:
o extended foster care and trial independence
o referrals to Texas Workforce Commission
o appropriate documents in possession before leave care
⧠ Ask the following questions:
• What is preventing this child from returning home today?
• How is my decision specific to this child and this family?
• Are there cultural issues we need to understand?
Well-being issues at Permanency Hearing:
Medical Care and Mental Health:
⧠ Summary of medical care:
• Nature of emergency medical care
• All medical and mental health treatment receiving and progress
• Any medication prescribed/progress
• Caregiver compliance with treatment plan
• Adverse reaction or side effects
• Diagnosis or diagnostic tests
• Activity to avoid that affect effectiveness of treatment
• Other info required
Education and Educational Decisions:
⧠ Enrolled and in appropriate grade
⧠ Remain in current school, even if placement changes
⧠ If change placement, determine:
• Where child wants to attend school
• Whether transportation is available
• Whether change coordinated with grading and testing periods
• Whether records/credits transferred
⧠ If 0-3, child assessed for developmental milestones through ECI
⧠ If 0-5, enrolled in Early Head Start, Head Start, or Pre-Kindergarten
⧠ Educational Decision-maker/Form 2085E on file
⧠ School supports and disciplinary issues
⧠ Extracurricular activities/normalcy
⧠ Evaluated for/receiving special education
⧠ If 14 or older, postsecondary education plan
6. Final Order
(for non-jury trial)
Prior to Final Hearing:
⧠ Notice provided to parties within 45 days of trial
⧠ All parties served
⧠ Legal relief properly plead
⧠ Compliance with Indian Child Welfare Act, if applicable
At Hearing:
⧠ Note appearances of all parties present
⧠ Take announcements about readiness to proceed to trial
⧠ Rule on any pending pretrial motions
⧠ Opening Statements, unless waived
⧠ Presentation of evidence
⧠ Closing arguments, unless waived
⧠ Evidence
• Grounds for termination
• Holley v. Adams Best Interest:
o desires of the child
o emotional and physical needs of child now and in future
o emotional and physical danger to child now and in future
o parental abilities of individuals seeking custody
o programs available to assist those individuals to promote best interest of child
o plans for child by these individuals or by agency seeking custody
o stability of home or proposed placement
o acts or omissions of parent which may indicate that existing parent-child relationship not a proper one
o any excuse for acts or omissions of the parent
At the End of the Hearing:
⧠ Determine if met burden of proof:
• Termination of Parental Rights: Clear and Convincing Evidence
• If ICWA applies: Beyond a Reasonable Doubt
• Conservatorship: Preponderance of the Evidence
⧠ If termination, appoint DFPS or individual as managing conservator (MC)
⧠ If no termination and DFPS awarded MC, find that:
• Appointment of parent not in child’s best interest because would significantly impair child’s physical health or emotional development; and
• Not in child’s best interest to appoint relative of child or another person as managing conservator
⧠ If no termination and DFPS awarded MC, consider whether:
• The child will turn 18 in not less than 3 years;
• The child is at least 12 years old or has continuously expressed a strong desire against being adopted; and
• Needs and desires of child
⧠ Advise parties of right to appeal
⧠ Set Permanency Hearing After Final Order (PHAFO) within 90 days if MC granted to DFPS with termination
⧠ Set PHAFO within 180 days if MC granted to DFPS without termination
Best Practices:
⧠ Remind Parent Attorney of appellate duties
⧠ Set initial hearings sooner than statutorily required to ensure progress toward child’s permanency goal
7. Permanency Hearing After Final Order
15 minutes; up to 25 suggested best practice
Prior to Permanency Hearing (PH):
⧠ If parental rights terminated, first PH within 90 days of final order
⧠ If parent rights not terminated, first PH within 180 days of final order
⧠ 10 days’ notice of hearing
⧠ DFPS Permanency Progress Report filed 10 days before hearing; includes
• Child’s Permanency Plan
• Summary of Medical Care
⧠ The court file includes:
• Notification of consent for medical care
• Education Decision-Maker Form 2085E
At Hearing:
⧠ Identify those present
⧠ Child in attendance
⧠ If AAL has not seen client, form filed
⧠ Review Permanency Progress Report:
• Child’s safety and well-being
• Child’s needs (medical/special)
• Child’s placement
• If in institutional care, efforts to ensure least restrictive environment
• Primary/alternative permanency goals
• DFPS reasonable efforts to finalize the permanency plan:
o due diligence to place for adoption if rights terminated and child eligible; or
o APPLA, including appointing relative as PMC or returning the child to parent, appropriate for child
• For child with APPLA goal:
o desired permanency outcome; and
o whether APPLA best permanency plan; if so, compelling reasons why not in child’s best interest to:
▪ return home,
▪ be placed for adoption,
▪ be placed with legal guardian, or
▪ be placed with fit and willing relative
• If 14 or older, services to assist in transitioning from care to independent living in community
• Receiving appropriate medical care and provided opportunity to express opinion on medical care
• If receiving psychotropic medication:
o Provided appropriate nonpharmacological interventions, therapies, or strategies to meet needs; or
o seen by prescribing physician, physician assistant, or advanced practice nurse at least once every 90 days
• Education decision-maker and education needs and goals identified, major changes in school performance or serious disciplinary events
• For child in PMC without termination, whether DFPS to provide services to parent for up to 6 months after PH if:
o child not placed with relative or other individual, including foster parent, seeking PMC; and
o court determines further efforts at reunification with parent:
▪ in best interest of child; and
▪ likely to result in child’s safe return to parent
• DFPS identified family or other caring adult with permanent commitment to child
⧠ Address citizenship issues, consulate notified, SIJS
⧠ Ensure those present heard and provided opportunity to present evidence
⧠ Confer with child about permanency plan
⧠ Regular, ongoing opportunities to engage in age-appropriate normalcy activities
At End of Hearing:
⧠ Issue court order
⧠ Set next PH within 180 days
Best Practices:
⧠ If no notice, consider resetting hearing to secure attendance
⧠ Engage parties with direct questions
⧠ Engage youth
⧠ Ask DFPS direct, child-specific questions about both primary and concurrent goal
⧠ Next PH by 90 or 120 instead of 180 days
⧠ For youth who turn 18 while in care:
• Extended foster care and trial independence
• Referrals to Texas Workforce Commission
• Documents before leave care
⧠ Youth advised of eligibility for Family Group Decision-Making or Circles of Support about future
⧠ Youth enrolled in PAL or provided transitional services after 14th birthday
⧠ Ask the following questions:
• What is preventing this child from returning home today?
• How is my decision specific to this child and this family?
• Are there cultural issues we need to understand?
Well-being issues at Permanency Hearing:
Medical Care and Mental Health:
⧠ Summary of medical care:
• Nature of emergency medical care
• All medical and mental health treatment receiving and progress
• Any medication prescribed/progress
• Caregiver compliance with treatment plan
• Adverse reaction or side effects
• Diagnosis or diagnostic tests
• Activity to avoid that affect effectiveness of treatment
• Other info required
Education and Educational Decisions:
⧠ Enrolled in school/in appropriate grade
⧠ Remains in current school, if placement change
⧠ If placement change, determine:
• where child wants to attend school
• whether transportation available
• whether change coordinated with grading and testing periods
• whether records/credits transferred
⧠ If 0-3, child assessed for developmental milestones through ECI
⧠ If 0-5, child enrolled in Early Head Start, Head Start, or Pre-Kindergarten
⧠ Educational Decision-maker Form 2085E on file
⧠ School supports and disciplinary issues
⧠ Extracurricular activities/normalcy
⧠ Evaluated/receiving special ed services
⧠ If 14 or older, postsecondary edu plan
8. Foster Youth Education
⧠ If the child is age 0-3, child assessed for Early Childhood Intervention (ECI) services
⧠ If the child is age 0-5, enrolled in Early Head Start, Head Start, or Pre-Kindergarten
School Stability
⧠ Child enrolled in and has transportation to current school
⧠ Child remains in current school, regardless of additional placement changes
⧠ School changes occur at the end of grading periods*
⧠ School changes do not conflict with standardized testing or final exams*
Education Decision-Making
⧠ DFPS has conservatorship and has designated an Education Decision-Maker (EDM)
⧠ Parent retains or other person given specific education-related rights as appropriate
⧠ DFPS provided EDM Form 2085-E to the child’s school and others
School Enrollment
⧠ Child immediately enrolled in a new school if a change was required
⧠ Education record or credit transfer issues addressed by court as necessary
School Placement and School Success
⧠ What does the child say about school and where wants to attend?
⧠ Child in an appropriate school
⧠ Child progressing academically and on grade level
⧠ Additional school supports addressed as needed
⧠ Child involved in extracurricular activities
⧠ Discipline issues addressed (truancy, suspension, expulsion, restraints)
⧠ Child’s caretaker signed the annual form to prohibit corporal punishment at school
Post-Secondary Education
⧠ If the youth is at least grade 9, personal graduation plan created and graduation endorsement chosen (an endorsement is in addition to the Foundation High School Program in STEM, Business & Industry, Public Services, Arts & Humanities, or Multi-Disciplinary Studies)
⧠ Child has a college or career plan*
⧠ Child and his caregivers know about high school graduation requirements and how to prepare and apply for post-secondary education
Special Education
⧠ If needed, child evaluated for special education placement and services
⧠ If eligible:
• Date of child’s last Admission, Review, and Dismissal (ARD)
• Child has Individualized Education Program (IEP) that is current, appropriate, and in force
• Surrogate parent appointed for child
*Denotes a Best Practice
9. Indian Child Welfare Act (ICWA)
When Does ICWA Apply?
⧠ In a “child custody proceeding” defined as an action effecting foster care placement, termination of parental rights, pre-adoptive placement or adoptive placement; and
⧠ Involving an “Indian child” defined as
• Unmarried, under the age of 18, and a member of a federally recognized Indian Tribe or eligible for membership in a Tribe, as determined by the Tribe; or
• Unmarried, under the age of 18, and is the biological child of a member of a federally recognized Indian Tribe, as determined by the Tribe
Each of the 500-plus federally-recognized tribes determines eligibility for membership or enrollment, not the court
If ICWA applies, please refer to NCJFCJ ICWA Checklists:
http://www.ncjfcj.org/resource-library/publications/tribal-work-and-icwa
Notice
⧠ The child’s parent, Indian Custodian, and Tribe have been notified by registered mail, return receipt requested
⧠ If Tribe cannot be determined, the court must ensure notice to the Secretary of the Interior and the Bureau of Indian Affairs by registered mail, return receipt requested
⧠ Finding on the record that timely notice was or was not provided as required
If not sure, but Indian heritage is indicated or identified, NOTIFY!
Placement Preferences
⧠ Placement according to ICWA Preferences, defined in descending order (extended family, tribal foster home, or tribal community) unless good cause shown for child to be moved
Special Evidentiary Rules
⧠ Threshold for Removal of the Child
• “Clear and convincing evidence” that custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child
• Must include testimony of a “qualified expert witness” defined by ICWA in descending preferential order, with the highest preference given to a member of the child’s tribe who is recognized by the tribal community as knowledgeable in tribal customs in childrearing practices
• Finding of “Active Efforts” to prevent removal from the home
⧠ Threshold for Termination of Parental Rights
• Evidence beyond a reasonable doubt that custody of the child by the parent of Indian custodian is likely to result in serious emotional or physical damage to the child
• Supported by testimony of a “qualified expert witness”
• Finding that “Active Efforts” have been made to return the child to the home
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10. Medical and Mental Health Care for Foster Youth
Physical, dental, eye, immunization, and behavioral health for children in foster care are covered by two managed care programs, STAR Health, a division of Superior Health, and Cenpatico Behavioral Health, a division of the Centene Corporation.
Eligibility
⧠ All children in DFPS conservatorship and young adults in extended foster care or those young adults who have returned to foster care, up to age 22
⧠ All youth who turned 18 in foster care and received healthcare through Medicaid (STAR Health or other), but who did not return to extended foster care, are covered under STAR Health or STAR Medicaid under the Affordable Care Act up to age 26
Information Required in DFPS Permanency and Placement Review Hearing Court Reports:
⧠ Nature of any emergency medical care provided to child and circumstances necessitating care, include injury or acute illness of child
⧠ All medical and mental health treatment child is receiving and child’s progress with treatment (this includes ANY physical, dental, eye, immunization, and mental health issues)
⧠ Any medication prescribed for child, condition, diagnosis, and symptoms for which medication was prescribed, and child’s progress with medication
⧠ For child receiving psychotropic medication:
• Any psychosocial therapies, behavior strategies, or other non-pharmacological interventions provided to child
• The child has seen or is seeing his/her prescribing physician, physician assistant or advanced practice nurse every 90 days
• Degree to which child or foster care provider complied or failed to comply with any plan of medical treatment for child
• Any adverse reaction to, or side effects of, any medical treatment provided to child
• Any specific medical condition of child diagnosed or for which tests are being conducted to make diagnosis
• Any activity child should avoid or engage in that might impact effectiveness of treatment, including physical activities, other medications, and diet
• Other info required by DFPS or rule of court
Additional Requirements that Courts Should Monitor:
⧠ Child has been provided the opportunity to comment on the medical care being provided
⧠ DFPS has provided any parent who retains rights notice of initial prescriptions or changes in dosage
⧠ Each AAL and GAL has reviewed the medical care
⧠ Each AAL has elicited from client his/her view on the medical care being provided
⧠ AAL has advised youth 16 and older of the right to request medical consenter designation from the court