CHAPTER 700. CHILD PROTECTIVE SERVICES  


SUBCHAPTER A. ADMINISTRATION
§ 700.105. Criminal Record Checks for Authorized External Volunteer Organizations
§ 700.108. Waiver Provision for Implementation of Community-Based Care
§ 700.110. Waiver Provision for DFPS Pilot Programs
SUBCHAPTER B. CONFIDENTIALITY AND RELEASE OF RECORDS
§ 700.201. Purpose
§ 700.202. Definitions
§ 700.203. Access to Confidential Information Maintained by the Texas Department of Family and Protective Services (DFPS)
§ 700.204. Redaction of Records Prior to Release
§ 700.205. Procedures for Requesting Access to Confidential Information
§ 700.206. Videotapes, Audiotapes, and Photographs
§ 700.207. Charges for Copies of Records
§ 700.209. Release of Child Fatality Records
§ 700.211. Internet Application for Court-Appointed Volunteer Advocates
SUBCHAPTER C. ELIGIBILITY FOR CHILD PROTECTIVE SERVICES
§ 700.308. Right to Refuse Services and Consequences of Refusal
§ 700.309. Administrative Reviews of Client Complaints
§ 700.310. Fair Hearings
§ 700.311. Eligible Individuals
§ 700.312. Eligibility for Community Services Purchased for Child Protective Services Clients
§ 700.313. Limitations on Purchased Services
§ 700.314. Authorization and Reauthorization of Services
§ 700.315. Foster Care Assistance
§ 700.316. General Eligibility Requirements for Foster Care Assistance
§ 700.320. Eligibility in Medical Facilities before Placement
§ 700.323. Continuation of Foster Care Payments During Absences from Care
§ 700.328. Foster Care Maintenance Payments
§ 700.329. Effective Dates of Foster Care Maintenance Payments
§ 700.330. Billing and Payment for Foster Care Assistance
§ 700.331. Effect of SSI Eligibility on Foster Care Payments
§ 700.332. Eligibility for Foster Care Day Care Services
§ 700.334. Eligibility for Special Needs Foster Child Day Care Services
§ 700.345. Eligibility for Foster Care Recipients Placed Out of State or Placed in Texas from Other States
§ 700.346. Extended Foster Care
§ 700.347. Supervised Independent Living Placements
§ 700.348. Enhanced Case Management Services in a Supervised Independent Living Setting
SUBCHAPTER G. SERVICES FOR FAMILIES
DIVISION 1. FAMILY REUNIFICATION SERVICES
§ 700.701. Services to Families
§ 700.703. Family Reunification Services
§ 700.704. Family Service Plan for Family Reunification Services Cases
§ 700.706. Case Closure of Family Reunification Services Cases
DIVISION 2. FAMILY-BASED SAFETY SERVICES
§ 700.710. Services to Families
§ 700.712. Provision of Family-Based Safety Services
§ 700.714. Contacts for Family-Based Safety Services
§ 700.716. Family Service Plan for Family-Based Safety Services Cases
§ 700.718. Lack or Refusal of Family Participation
§ 700.720. Case Closure of Family-Based Safety Services Cases
§ 700.722. Case Closure Due to Removal
SUBCHAPTER H. ADOPTION ASSISTANCE PROGRAM
DIVISION 1. PROGRAM DESCRIPTION AND DEFINITIONS
§ 700.801. What do certain pronouns, words, and terms in this subchapter mean?
§ 700.802. What is adoption assistance?
§ 700.803. What are the eligibility criteria for receipt of adoption assistance for children adopted from the conservatorship of DFPS?
§ 700.804. Who is a child with special needs?
§ 700.806. What is enhanced adoption assistance?
§ 700.807. Who is eligible to receive enhanced adoption assistance?
DIVISION 2. TITLE IV-E ELIGIBILITY REQUIREMENTS
§ 700.820. What are the Title IV-E eligibility requirements for reimbursement of nonrecurring expenses?
§ 700.821. What are the additional Title IV-E eligibility requirements for Medicaid and monthly assistance payments?
§ 700.822. How do we determine whether the child was AFDC eligible?
§ 700.823. What is necessary for a court order to be considered a removal?
§ 700.824. What if the child is not a U.S. citizen?
§ 700.825. Who is considered an applicable child?
DIVISION 3. APPLICATION PROCESS, AGREEMENTS, AND BENEFITS
§ 700.840. What is the application process for adoption assistance?
§ 700.841. When do I find out if my child is eligible?
§ 700.842. What happens if my child is determined eligible?
§ 700.843. What happens if my child is determined ineligible?
§ 700.844. How are monthly payment amounts determined?
§ 700.845. Can my child get adoption assistance monthly payments in addition to Supplemental Security Income (SSI) benefits?
§ 700.846. How is the effective date of the adoption assistance agreement determined?
§ 700.847. When does the adoption assistance agreement end?
§ 700.848. When can the adoption assistance agreement and benefits be terminated before it expires?
§ 700.850. How do I get reimbursement of nonrecurring expenses?
§ 700.851. How can my child qualify for extended adoption assistance benefits?
DIVISION 4. CHANGES IN CIRCUMSTANCES
§ 700.860. What if my child's or family's circumstances change?
§ 700.861. Will my child receive benefits if I move to, or live in, another state?
§ 700.862. Why must I recertify my child's eligibility?
§ 700.863. Does a child remain eligible for benefits in a subsequent adoption?
DIVISION 5. APPEALS AND HEARINGS
§ 700.880. What are my rights to appeal a DFPS decision regarding adoption assistance benefits?
§ 700.881. Can my child still get benefits if I did not sign an adoption assistance agreement before the adoption?
§ 700.883. Can I still get adoption assistance benefits if I assume legal responsibility of a child in DFPS conservatorship before the adoption is finalized?
DIVISION 6. HEALTH COVERAGE BENEFIT (HCB) STIPEND
§ 700.890. What is the Health Coverage Benefit (HCB) stipend?
§ 700.891. Who is eligible for the HCB stipend?
§ 700.892. What documents must an adoptive parent submit to DFPS to establish initial eligibility for the HCB stipend?
§ 700.893. When is the HCB stipend paid?
§ 700.894. Can a child who receives the HCB stipend qualify for the tuition exemption available under the Education Code, §54.211?
SUBCHAPTER I. PURCHASED PROTECTIVE SERVICES TO PREVENT REMOVAL OR TO REUNIFY FAMILIES
§ 700.901. Services Purchased
§ 700.902. Protective Homemaker Services
§ 700.903. Protective Day Care
§ 700.904. Community-Based Treatment Services
§ 700.905. Reimbursement of Noncontracted Service Providers
SUBCHAPTER J. ASSISTANCE PROGRAMS FOR RELATIVES AND OTHER CAREGIVERS
DIVISION 1. RELATIVE AND OTHER DESIGNATED CAREGIVER PROGRAM
§ 700.1001. What is the Relative and Other Designated Caregiver Program?
§ 700.1002. How does the Relative and Other Designated Caregiver Program differ from the Permanency Care Assistance Program?
§ 700.1003. What are the eligibility requirements for caregiver assistance?
§ 700.1005. What types of cash assistance are available to eligible caregivers?
§ 700.1007. How do caregivers receive the monthly cash payment?
§ 700.1009. How do caregivers receive the annual reimbursement?
§ 700.1013. Who is eligible for child-care services?
§ 700.1015. What rates will DFPS use to pay for child-care services?
§ 700.1017. Who is eligible for support services?
DIVISION 2. PERMANENCY CARE ASSISTANCE PROGRAM
§ 700.1025. What is the Permanency Care Assistance Program?
§ 700.1027. What definitions apply to this division?
§ 700.1029. What are the eligibility criteria for receipt of permanency care assistance?
§ 700.1031. How does a person become eligible for receipt of foster care reimbursement on behalf of a child for at least six consecutive months?
§ 700.1033. How does a person become a verified or licensed foster parent?
§ 700.1035. Do the same standards apply to relatives of a child who apply to become a foster parent as any other person who applies to become a foster parent?
§ 700.1037. What is the process for entering into a permanency care assistance agreement?
§ 700.1039. What is the amount of monthly payments that a permanent kinship conservator may receive under a permanency care assistance agreement?
§ 700.1041. What is the effective date of a permanency care assistance agreement and when will benefits begin?
§ 700.1043. How and when is a permanent kinship conservator reimbursed for the costs of the nonrecurring expenses associated with obtaining permanent managing conservatorship of the child and how are these expenses calculated?
§ 700.1045. If no assistance is needed at the time a person becomes the permanent kinship conservator, can that person still enter into a permanency care assistance agreement?
§ 700.1047. How long does the permanency care assistance agreement remain in effect?
§ 700.1049. What happens if a family's circumstances change after the permanency care assistance agreement is signed?
§ 700.1051. Is a permanent kinship conservator still eligible to receive permanency care assistance from Texas if the conservator moves outside the state?
§ 700.1053. Who is eligible for extended permanency care assistance?
§ 700.1055. If a person caring for a child in DFPS conservatorship does not qualify for permanency care assistance under this division, are there any other benefits to which that person may be entitled?
§ 700.1057. What rights does a person have if permanency care assistance benefits are denied?
§ 700.1059. Can a child still get benefits if a permanency care assistance agreement was not signed before the permanent kinship conservator was granted permanent managing conservatorship of the child?
§ 700.1061. Does a child remain eligible for permanency care assistance payments in the event that the permanent kinship conservator dies or becomes incapacitated?
SUBCHAPTER K. COURT-RELATED SERVICES
§ 700.1101. Eligibility and Priorities
§ 700.1102. Informing and Notifying Parents and Children
§ 700.1103. Provision of In-home Services When an Emergency Hearing Cannot Be Held Within Legally Required Time Limits
§ 700.1104. Affidavit of Relinquishment of Parental Rights
§ 700.1105. Diligent Search for Missing Parents
§ 700.1106. Obtaining Court Approval
§ 700.1107. Notifying the Court
§ 700.1108. Request for Child Support Orders
§ 700.1109. Enforcement of Child Support Orders
§ 700.1110. Collection and Use of Child Support Payments
§ 700.1111. Protective Court Orders
SUBCHAPTER L. PERMANENCY PLANNING
§ 700.1201. What is the permanency planning process?
§ 700.1202. What is a permanency plan?
§ 700.1204. How is the permanency planning goal chosen?
§ 700.1205. How is the permanency plan established and reviewed?
§ 700.1206. Where is the permanency plan documented?
§ 700.1208. What is the specific goal as to percentage of children in care over 24 months?
§ 700.1210. What is a permanency planning meeting?
§ 700.1212. When should a permanency planning meeting be held?
SUBCHAPTER M. SUBSTITUTE-CARE SERVICES
DIVISION 1. GENERAL
§ 700.1301. What are substitute care services?
§ 700.1303. How are some of the key terms used in this subchapter defined?
§ 700.1305. What principles guide DFPS in the provision of substitute care services?
§ 700.1307. In what kinds of settings may a child in DFPS conservatorship be placed?
§ 700.1309. What factors does DFPS consider when selecting the most appropriate living arrangement for a child?
§ 700.1311. What special considerations apply when selecting a placement other than a relative or other person with whom the child has a long-standing and significant relationship?
§ 700.1313. What special considerations apply when selecting a placement for a child with intellectual disabilities and related conditions?
§ 700.1315. What special considerations apply when placing a child in a nursing home?
§ 700.1317. How are parents notified of their child's current placement?
§ 700.1319. What is a case plan?
§ 700.1321. What are the requirements for a child service plan?
§ 700.1323. Under what circumstances does DFPS develop a family service plan and what are the requirements for the plan?
§ 700.1325. How frequently is a case plan reviewed and updated?
§ 700.1327. What are DFPS's responsibilities to siblings who are not placed together following a removal from the home?
§ 700.1329. What are DFPS's responsibilities for ensuring appropriate medical care for children in DFPS conservatorship?
§ 700.1331. What are DFPS's responsibilities relating to discipline of a child in DFPS conservatorship?
§ 700.1333. What are DFPS's responsibilities for a child in its conservatorship who is missing or abducted from a placement?
§ 700.1334. What strategies does DFPS implement to reduce the number of incidents in which a child in its conservatorship runs away?
§ 700.1335. What is the Treatment Foster Family Care Program?
§ 700.1337. What is the Temporary Emergency Placement (TEP) Program?
DIVISION 2. NOTICE OF SIGNIFICANT EVENTS
§ 700.1351. Which laws govern the provision of notice of significant events for a child in the DFPS' managing conservatorship?
§ 700.1353. What are the purpose and scope of this division?
§ 700.1355. What is a "significant event" requiring notice pursuant to this division?
§ 700.1357. Who must receive notice of significant events under this division?
§ 700.1359. When must notice of a significant event be provided?
SUBCHAPTER N. POLICIES REGARDING CHILDREN IN DFPS'S CONSERVATORSHIP AND HIV TESTING AND CARE
§ 700.1401. When must a child in DFPS conservatorship be tested for HIV infection?
§ 700.1402. What happens if a child in DFPS conservatorship tests positive for HIV infection?
§ 700.1403. Who must DFPS notify regarding a child's HIV infection?
§ 700.1404. Who may DFPS notify regarding a child's HIV status or test result?
§ 700.1405. May anyone else be told about the child's HIV status?
SUBCHAPTER O. FOSTER AND ADOPTIVE HOME DEVELOPMENT
§ 700.1501. Decision on Foster Home Applications
§ 700.1502. Foster and Adoptive Home Inquiry and Screening
§ 700.1504. Approval of Foster and/or Adoptive Home Study
§ 700.1505. Administrative Review
§ 700.1506. Monitoring of Foster Parent Performance
SUBCHAPTER P. SERVICES AND BENEFITS FOR TRANSITION PLANNING TO A SUCCESSFUL ADULTHOOD
DIVISION 1. PREPARATION FOR ADULT LIVING
§ 700.1601. What is the Preparation for Adult Living (PAL) Program?
§ 700.1602. Whom is the PAL Program designed to serve?
§ 700.1603. What types of services and benefits are available to PAL Program participants?
§ 700.1604. Are there specific requirements for young people to meet before receiving PAL Program benefits?
DIVISION 2. EDUCATION AND TRAINING VOUCHER PROGRAM
§ 700.1611. What is the Education and Training Voucher (ETV) Program?
§ 700.1613. Who can be eligible for the ETV Program?
§ 700.1615. What must an eligible student do to qualify for participation in the ETV Program?
§ 700.1617. How much financial assistance may an eligible student receive under the ETV Program and what types of expenses are included in the cost of attendance for which ETV funds can be used?
§ 700.1619. After a student is initially determined eligible for the ETV Program, are there other requirements the student must meet?
§ 700.1621. When does a student lose the right to continue receiving benefits under the ETV Program?
§ 700.1625. Can a student appeal a denial of eligibility, or a suspension, or termination of benefits?
DIVISION 3. TEXAS TUITION AND FEE WAIVER FOR YOUTH RETURNING TO A PARENT
§ 700.1630. When can youth returning to a parent receive the Texas Tuition and Fee Waiver?
SUBCHAPTER Q. PURCHASED PROTECTIVE SERVICES
DIVISION 1. RESIDENTIAL CHILD-CARE CONTRACTS
§ 700.1701. What are the posting requirements for residential child-care facilities who care for children in the conservatorship of the Department of Family and Protective Services related to the Ombudsman For Children and Youth in Foster Care?
DIVISION 2. POST-PERMANENCY SERVICES
§ 700.1726. What are post-permanency services?
§ 700.1727. What types of post-permanency services are available?
§ 700.1728. Who is eligible for post-permanency services?
§ 700.1731. Who is eligible for post-permanency counseling?
§ 700.1733. Who is eligible for residential treatment services?
§ 700.1735. For How Long May Postadoption Residential Treatment Services Be Provided?
DIVISION 3. REIMBURSEMENT METHODOLOGY FOR 24-HOUR CHILD CARE FACILITIES
§ 700.1751. What is the Cost Determination Process?
§ 700.1753. What is the Rate-Setting Methodology for 24-Hour Residential Child-Care Reimbursements?
§ 700.1755. What is the Reimbursement Methodology for Supervised Independent Living?
SUBCHAPTER R. STRENGTHENING FAMILIES THROUGH ENHANCED IN-HOME SUPPORT PROGRAM
§ 700.1801. What is the Strengthening Families Through Enhanced In-Home Support Program?
§ 700.1802. What benefits are available?
§ 700.1803. What type of Family Enhancement goods and services may be provided?
§ 700.1804. What monetary assistance, goods, and services may be provided to support Family Empowerment?
§ 700.1805. What type of Traditional Services may the Department of Family and Protective Services (DFPS) provide under the Strengthening Families Through Enhanced In-Home Support Program?
§ 700.1806. Who decides what benefits best meets the family's needs?
§ 700.1807. What are the eligibility requirements?
SUBCHAPTER S. INTERSTATE PLACEMENT OF CHILDREN
§ 700.1901. All Interstate Placements
§ 700.1902. Interstate Placements Made or Supported by the Office of Protective Services for Families and Children (PSFC)
SUBCHAPTER W. SERVICE LEVEL SYSTEM
DIVISION 1. BASIC SERVICE LEVEL
§ 700.2301. What is the description of the Basic Service Level?
§ 700.2303. What are the characteristics of a child that needs the Basic Service Level?
DIVISION 2. MODERATE SERVICE LEVEL
§ 700.2321. What is the description of the Moderate Service Level?
§ 700.2323. What are the characteristics of a child that needs the Moderate Service Level?
DIVISION 3. SPECIALIZED SERVICE LEVEL
§ 700.2341. What is the description of the Specialized Service Level?
§ 700.2343. What are the characteristics of a child that needs the Specialized Service Level?
DIVISION 4. INTENSE SERVICE LEVEL
§ 700.2361. What is the description of the Intense Service Level?
§ 700.2363. What are the characteristics of a child that needs the Intense Service Level?
DIVISION 5. INTENSE PLUS SERVICE LEVEL
§ 700.2365. What is the description of the Intense Plus Service Level?
§ 700.2367. What are the characteristics of a child that needs the Intense Plus Service Level?
DIVISION 6. INTENSIVE PSYCHIATRIC TRANSITION PROGRAM
§ 700.2381. What is the Intensive Psychiatric Transition program?
§ 700.2383. Who is eligible for the Intensive Psychiatric Transition program?
§ 700.2385. How long may a child be placed in the Intensive Psychiatric Transition program?
SUBCHAPTER Z. TITLE IV-A EMERGENCY ASSISTANCE PROGRAM
§ 700.2701. Overview
§ 700.2703. Eligibility
§ 700.2705. Service Provision