Texas Childrens Commission

Time 2021-10-17 16:03:31

Web Name: Texas Childrens Commission

WebSite: http://benchbook.texaschildrenscommission.gov

ID:205956

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Library home Contact Texas Childrens Commission Powered by LawBox Texas Child Protection Law Bench Book. 2020 version Printable version Acknowledgments Acknowledgments Investigations Legal Overview of Investigations A. Initiation of Investigations B. Making a Report C. Fourth Amendment Requirements in an Investigation D. Orders in Aid of Investigation Alternatives to Removal Introduction A. Order Seeking Removal of Alleged Perpetrator of Physical or Sexual Abuse B. Order for Required Participation C. Protective Orders D. Relinquishing Custody of Child to Obtain Certain Services E. Child Safety Check Alert List Best Interest Introduction A. Factors in Determining Best Interest of Children B. Hearings Requiring a Best Interest Determination C. Court Decisions Requiring a Best Interest Determination D. DFPS Decisions That Must Consider Best Interest E. Case Law on Best Interest When Seeking Termination of Parental Rights Removal Legal Overview of Removal of Children A. Removal or Conservatorship of a Child B. Jurisdiction, Venue, and Transfer C. Emergency Removal With a Court Order D. Emergency Removal Without a Court Order E. Expedited Hearing and Appeal F. After Ex Parte Order Authorizing Removal G. Filing Suit Prior to Taking Possession of Child H. Service of Citation I. Evaluation of Identified Relatives and Other Designated Individuals J. Placement K. Visitation Schedule L. Placement When Child Victim of Human Trafficking Burden of Proof A. Sufficient Evidence to Satisfy a Person of Ordinary Prudence and Caution B. Preponderance of the Evidence C. Clear and Convincing D. Beyond a Reasonable Doubt Service of Citation A. Service of Citation B. Notice Adversary Hearing Legal Overview of Adversary Hearing A. Hearing After Emergency Removal With or Without a Court Order B. Hearing When Child Not in Possession of DFPS C. If Court Does Not Remove the Child or Continue DFPS Conservatorship D. Mandatory Appointment of Attorney for Parent E. Transfer F. Placement with Relatives or Designated Caregiver G. Placement When Child Victim of Human Trafficking H. Aggravated Circumstances I. Decisions Regarding Education Required at Adversary Hearing Status Hearing Legal Overview of Status Hearing A. Timing and Notice B. Mandatory Findings C. Court Shall Advise/Warn Parents D. Court Review of the Service Plan E. Court Review of Visitation Plan F. Child Placement Resources Form G. Permanency Planning Meetings H. Assessments I. Inquiry Regarding Child's Native American Heritage Permanency Hearing Before Final Order Legal Overview of Permanency Hearing Before Final Order A. Permanency Hearing Before Final Order B. Hearing Notice is Mandatory C. Permanency Plan for Child is Required D. Permanency Progress Report is Required; Contents E. Procedural and Due Process Issues F. Mandatory Actions, Findings, and Considerations G. Mandatory Child-Specific Considerations H. Best Interest I. Medical Consent J. Children who are Missing or Victims of Sex Trafficking K. Notice of Significant Events Final Hearing Legal Overview of Final Hearing A. Case Must Be Dismissed Within One Year B. Court May Extend Dismissal Date if Extraordinary Circumstances C. Monitored Return D. Final Hearing Permanency Hearing After Final Order Legal Overview of Permanency Hearing After Final Order A. When Permanency Hearing After Final Order is Conducted B. Notice of the Permanency Hearing After Final Order C. The Child Shall Attend the Permanency Hearing After Final Order D. Permanency Progress Report After Final Order E. Conducting a Permanency Hearing After Final Order F. Court Orders Related to Permanent Managing Conservatorship G. Foster Youth Bill of Rights and Ombudsman's Office H. Transitional Services I. Extended Jurisdiction for Youth Aging Out of Foster Care Appeals Legal Overview of Appeals A. Specific Grounds Must Be Stated In Trial Court Judgment B. Parent Deemed Indigent on Appeal C. Attorney Ad Litem Required to Remain on Case D. Trial Court Clerk Has Specific, Time-sensitive Duties E. Application of Tex. Civ. Prac. F. Effective Assistance of Counsel G. Order or Judgment Termination Parent-Child Relationship May Not Be Suspended During Pendency of Appeal H. Notice of Appeal and Appellant Duties I. Case Law Update Adoption Legal Overview of Adoption A. Petition for Adoption B. Documentation Required C. Hearing D. Final Order Contempt Introduction A. Introduction B. Direct Contempt C. Indirect Contempt D. Remedies for Contempt E. Civil / Coercive F. Criminal / Punitive G. Burden of Proof H. Jury I. Authority J. Orders of Contempt De Novo Introduction A. Objection to Associate Judge B. De Novo Hearings C. De Novo Hearing vs. Trial De Novo D. Judicial Action on Associate Judge's Proposed Order or Judgment Evidence in CPS Cases Introduction A. Applicability of Rules of Evidence B. Facilitating Child Testimony at Trial C. Video Testimony of Certain Professionals D. Allegations of Abuse and Neglect and Attorney-Client Privilege E. Testimony of Children's Ad Litems F. Prohibition of Certain Testimony Not Applicable in DFPS Cases G. Resources Extending Foster Care for Transitioning Youth A. Extended Jurisdiction B. Trial Independence C. Supervised Independent Living D. Resources Indian Child Welfare Act (ICWA) Introduction A. When Does ICWA Apply? B. Tribal and State Jurisdiction C. Required Notice D. Indian Child Determination E. Emergency Removal F. Special Setting Following Emergency Hearing G. Rights of the Parents, Indian Custodian, and Tribe H. Placement Preferences I. Conservatorship or Termination of Parental Rights of Indian Child J. Who is a Qualified Expert Witness? K. Voluntary Relinquishment of Parental Rights L. Case Notes M. Resources The Interstate Compact on the Placement of Children (ICPC) Introduction A. Purpose of the ICPC B. ICPC Applicability C. Jurisdiction vs. Process D. Court Leadership E. Expedited Placement Request F. Visits vs. Placement G. ICPC and Victims of Domestic Sex Trafficking H. The Indian Child Welfare Act and the ICPC I. Additional Resources Interventions in CPS Cases Introduction A. Standing B. Standing to Intervene in a Pending Suit C. Foster Parent Interventions D. Limitations on Standing E. Petitions to Modify the Parent-Child Relationship F. Practical Considerations G. Resources Joint Managing Conservatorship A. Background B. Questions Presented C. Discussion D. Conclusion Paternity A. The Mother-Child and Father-Child Relationship B. Types of Fathers C. Presumed Father D. Alleged Father E. Acknowledged Father F. Adjudicated Father G. Paternity Registry Children with Disabilities A. What Laws and Policies Protect Individuals with Disabilities? B. What Resources are Available? Community-Based Foster Care A. What is Community-Based Foster Care? B. The Single Source Continuum Contractor C. The Effect of CBC on Courts and Court Process D. Monitoring of the SSCC by DFPS E. Community-Based Foster Care Resources Disproportionality and Equity Introduction A. In Texas B. Addressing Equity Education Introduction A. Education Data B. School Stability C. Roles and Responsibilities Related to Education D. School Transitions E. Attendance and School Experience F. Special Education and Section 504 G. Eligibility for Special Programs H. Post-Secondary Opportunities I. Resources Judicial Checklists Websites Family Visitation A. Court Duties B. DFPS Best Practice Guide C. Stages of Supervision D. Parent Information and Observation Form Health Care for Texas Children in Foster Care: STAR Health Introduction A. Unique Features of STAR Health B. Physical Healthcare Benefits Provided by STAR Health C. Behavioral Health Benefits Provided by STAR Health D. Transitioning Youth E. Child and Family Assessments F. Medical Consent G. Admission of a Child in DFPS Custody to an Inpatient Mental Health Facility H. Monitoring Psychotropic Medications I. End of Life Medical Decisions J. Health Passport K. Court Orders for Medical Services L. References M. Who to Contact with Health Care Questions N. Additional Links / Resources Human Trafficking Introduction A. Definition of Human Trafficking B. Trafficking and Child Welfare C. Risk Factors and Indicators D. CPS Reporting Requirements Regarding Child Sex Trafficking E. Children Who are Missing or Victims of Sex Trafficking F. Secure Agency Foster Home G. Resources Mexican Consular Relations A. Background B. Definitions C. Required Procedures Permanency Care Assistance (PCA) A. What Is Permanency Care Assistance? B. What Should Courts Do? C. How Does PCA Affect Older Youth? D. What About Social Security Administration Benefits and Child Support? E. Resources Psychotropic Medication Introduction A. Medical Consenter B. Agency Oversight C. Parental Notification of Certain Medical Conditions D. Judicial Review Relative and Other Designated Caregiver Program A. What is the Relative and Other Designated Caregiver Program? B. Who Qualifies? C. How Much is the Monthly Payment? D. How Long Can the Caregiver Receive Payments? E. Examples of Circumstances that Justify Good Cause for Payments to Go Beyond 12 Months F. What if the Child Moves? G. How is the RODC Payment Dispersed? H. Should Relatives Still Apply for TANF before Receiving the RODC Payment? I. What if a Caregiver Receives PMC of the Child? J. What Can Judges Do to Support RODC Payments? K. DFPS Must Keep Track Substance Use Disorders A. Statewide Overview of Substance Use B. Substance Use Among Women C. Pregnant Women and Relapse Prevention and Safety Plans D. DFPS Response to Substance Use Disorders E. Resources Trauma-Informed Care Introduction A. Trauma B. Trauma Impacts a Child's Development and Health C. Trauma-Informed Child Welfare System D. Emergency Behavior Interventions E. Trauma Work in Texas F. National Resources G. Training Resources Child and Youth Voice A. Presence in Court B. Child and Youth Engagement C. Normalcy Jurist in Residence Letters Jurist in Residence Letters Common Acronyms and Abbreviations Common Acronyms and Abbreviations Endnotes Endnotes Charts Charts Long Checklists 1. Adversary Hearing 2. Status Hearing 3. Permanency Hearing Before Final Order 4. Final Hearing 5. Termination Grounds 6. Permanency Hearing After Final Order 7. De Novo Hearing 8. Foster Youth Education 9. Indian Child Welfare Act (ICWA) 10. Medical and Mental Health Care for Foster Youth 11. Human Trafficking 12. Disproportionality Bench Card 13. CCC Bench Card 14. ABA Child Interview Bench Cards Short Checklists 1. At a Glance 2. Adversary Hearing 3. Status Hearing 4. Permanency Hearing Before Final Order 5. Final Order 6. Permanency Hearing After Final Order 7. Foster Youth Education 8. Indian Child Welfare Act (ICWA) 9. Medical and Mental Health Care for Foster Youth 10. Human Trafficking

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