Texas Child Protection Law Bench Book

August 2015 edition

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 45^th 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 45^th 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