Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

Reference Materials

Common Acronyms and Abbreviations

Acronym	Explanation	Comments
AAL	Attorney ad litem	An attorney who provides services for the purposes of a specific legal action only, including representation of a child, and who owes to their client the duties of undivided loyalty, confidentiality, and competent representation.
AC	Administrative Closure	Administrative Closure occurs when DFPS intervention is unwarranted based on information that comes to light after the case is assigned for investigation.
ADO	Adoption Caseworker	The DFPS caseworker assigned once the case is transferred to the adoption unit.
ADR	Alternative Dispute Resolution	A method of settling conflict outside of litigation, (e.g., mediation).
AFCARS	Adoption and Foster Care Analysis and Reporting System	An application that collects case-level information on all children in foster care for whom state child welfare agencies have responsibility for placement, care, or supervision, and on children who are adopted under the auspices of the state's public child welfare agency.
AJR	Administrative Judicial Region; Webpage	The state of Texas is divided into nine administrative judicial regions. Each region has a presiding judge who is appointed by the Governor to serve a four-year term.
AOP	Acknowledgement of Paternity	An acknowledgement of paternity is a legal document that allows parents who are not married to establish legal paternity. Both parents must sign an AOP, under penalty of perjury, that the man is the genetic father of the child. When an AOP is filed with Texas Vital Statistics, the genetic father becomes the child's legal father with all the rights and duties of a parent.
APPLA	Another Planned Permanent Living Arrangement	A permanent legal arrangement for a child designed to promote stability and permanency in a child's life; refers to permanent placements other than a reunification with a parent, adoption, or permanent managing conservatorship to a relative.
ASFA	Adoption and Safe Families Act	The Adoption and Safe Families Act of 1997 (P.L. 105-89) was enacted by the United States Congress to improve the safety of children, promote adoption and other permanent homes for children who needed them, and support families. According to the Children's Bureau, ASFA also required child welfare agencies to provide more timely assessment and intervention services to children and families involved with child welfare. Additionally, ASFA paved the way for concurrent planning (simultaneously identifying and working on a secondary goal, such as guardianship, with a relative) by requiring that agencies make reasonable efforts to find permanent families for children in foster care should reunification fail. Finally, ASFA required a petition for termination to be filed if a child had been in care 15 out of 22 months.
AR	Alternative Response	A type of service provided to some families who were the subject of an investigation of child abuse and neglect allegations without including a substantiation of the allegations or an entry of perpetrators into the Central Registry. Includes services and support to help families resolve safety issues and reduce future involvement with DFPS.
ARD	Admission, Review, and Dismissal	The process by which a student's parents and school staff meet at least annually to 1) decide whether a student has an eligible disability; 2) determine what special education and related services will be provided; and 3) develop an Individualized Education Program (IEP).
BIA	Bureau of Indian Affairs	The United States federal agency within the Department of the Interior which renders services to indigenous Americans in federally recognized Tribes (directly or through contracts, grants, or compacts) to approximately 1.9 million Native Americans and Alaska Natives.
BVS/VSU	Bureau of Vital Statistics/Vital Statistics Unit	The state agency responsible for maintaining legal records for birth, death, marriage, adoption, and paternity. Also referred to as the Vital Statistics Section (VSS) by HHSC.
CAC	Child Advocacy Center	A safe, child-friendly, specially equipped facility that completes forensic interviews of children. CACs also provide additional services such as counseling and intervention services during the course of an investigation and prosecution of child abuse cases.
CANS	Child and Adolescent Needs and Strengths	A tool developed by DFPS for children's services to support decision making, including level of care and service planning, to facilitate quality improvement initiatives, and to allow for the monitoring of outcomes.
CAPTA	Child Abuse Prevention and Treatment Act	A federal law that was originally enacted on January 31, 1974 (P.L. 93-247) and has been amended several times. According to the Children's Bureau, CAPTA provides federal funding and guidance to states in support of prevention, assessment, investigation, prosecution, and treatment activities and also provides grants to public agencies and nonprofit organizations, including Indian Tribes and Tribal organizations, for demonstration programs and projects.
CASA	Court Appointed Special Advocate; Website	A specially screened and trained volunteer, appointed by the court, who conducts an independent investigation of child abuse, neglect, or other dependency matters, and submits a formal report proffering advisory recommendations as to the best interests of a child. In some jurisdictions, volunteers without formal legal training, such as CASAs, are appointed to represent abused and neglected children and serve in the capacity of a Guardian ad litem (GAL).
CCEJ	Court of Continuing, Exclusive Jurisdiction	Upon rendition of a final order in a Suit Affecting the Parent-Child Relationship (SAPCR), a court acquires continuing, exclusive jurisdiction over all subsequent matters regarding the child unless otherwise provided by the Family Code.
CFRT	Texas Child Fatality Review Team; Webpage	A multidisciplinary, multi-agency group, mandated by state law which oversees and assists the work of local review teams in Texas, and works to develop a statewide understanding of the scope and magnitude of childhood mortality.
CFSR	Child and Family Services Review	A Federal-State collaborative effort designed to help ensure that quality services are provided to children and families through State child welfare systems.
CIP	Court Improvement Program; Webpage	The highest court of each State and territory participating in the Court Improvement Program (CIP) receives a grant from the Children's Bureau to complete a detailed self-assessment and develop and implement recommendations to enhance the court's role in achieving stable, permanent homes for children in foster care. In Texas, the Children's Commission is the recipient of CIP funds.
COS	Circle of Support	A meeting held soon after a youth who has been removed from the home reaches age 16. Its primary purpose is to develop a transition plan for the youth and to connect youth to supportive and caring adults who can help the youth when the youth leaves foster care.
COS	Court Ordered Services	A type of child welfare case during which services are ordered by the court for the family, without DFPS having temporary managing conservatorship of the child. Depending on jurisdictional practice, this may also be referred to as a Motion to Participate (MTP), Order to Participate (OTP), or Required Participation case.
CBC	Community Based Care	A newer model of serving children and families through partnerships with private Single Source Continuum Contractors (SSCCs) in designated catchment areas across the State. Often referred to as Privatization.
CPA	Child Placing Agency	An agency that is licensed by DFPS and required to conform to minimum standards. They verify and oversee non-agency foster placements.
CPC	Child Protection Court	A court that specializes in child welfare cases. As of July 2023, there are 30 CPCs in Texas which cover 148 counties total.
CPI	Child Protective Investigations; Website	A division of Texas DFPS that examines reports of child abuse or neglect and determines if there are any threats to the safety of the children in the home and whether parents are willing and able to adequately manage those threats to keep the children safe.
CPS	Child Protective Services; Website	A division of Texas DFPS that provides services to children and families in their own homes; places children in foster care; provides services to help youth in foster care make the transition to adulthood; and places children in adoptive homes.
CPOS	Child Plan of Service	The written plan that outlines the services to be provided, who is responsible for the completion of that service, and establishes goals for the child.
CPCMS	Child Protection Case Management System	The court case management system used by Child Protection Courts (CPCs).
CPU	Centralized Placement Unit	A unit at DFPS that reviews a child's information, tracks placement vacancies, and determines the least restrictive placement option that best meets the needs of child when a child is in the custody of DFPS.
CRCG	Community Resource Coordination Group	A group that is a collaboration of local public and private agencies, organizations, and families which work together to meet the needs of individuals which no one agency can meet. According to HHS, CRCGs identify services gaps, break down barriers, and find ways to improve the health of their community.
CSCAL	Child Safety Check Alert List	This is an automated program operated by the Texas Department of Public Safety as part of the Texas Crime Information Center to assist DFPS in locating families that move before DFPS begins or finishes an investigation or that move during the provision of services by DFPS.
CVS	Conservatorship/ Conservatorship Unit; Website	The term used to define the legal care, custody, and control of a child given by court order. CVS also stands for the unit and type of caseworker who is involved with a child when the DFPS has custody of that child.
CWB	Child Welfare Board; Texas Council of CWBs Website	These Boards are developed and funded in some Texas counties to help meet needs of children and youth in foster care by using county funding to support DFPS' efforts.
CWOP	Child Without Placement	CWOP is used to describe a child's status as not having a licensed placement (for example, residing in a location such as a hotel, while still being supervised by DFPS or an SSCC). Sometimes referred to as Child Watch.
DFPS/ TDFPS	Texas Department of Family and Protective Services; Website	The state agency charged with protecting children, adults who are elderly or have disabilities living at home or in state facilities, and licensing group day-care homes, day-care centers, and registered family homes.
DPS	Texas Department of Public Safety; Website	The state agency created to provide public safety services by enforcing laws, administering regulatory programs, managing records, educating the public, and managing emergencies, both directly and through interaction with other agencies.
DSM	Diagnostic and Statistical Manual of Mental Disorders	The guidebook used by mental health professionals in the diagnosis of many mental health conditions. The DSM is published by the American Psychiatric Association and has been revised multiple times since it was first introduced in 1952. The most recent edition is the fifth, or the DSM-5. It was published in 2013.
DSHS	Texas Department of State Health Services; Website	The state agency that promotes optimal health for individuals and communities while providing effective health, mental health, and substance abuse services to Texans.
ESSA	Every Child Succeeds Act	A federal education law passed in December 2015. ESSA contains several educational stability provisions related to the education of children and youth in foster care that mirror the Fostering Connections to Success and Increasing Adoptions Act of 2008. ESSA also requires designated points of contact in education and child welfare systems, assurances that schools will coordinate with child welfare to develop transportation plans for children in foster care, and beginning in December 2018, disaggregated data on children and youth in foster care will be included in the reporting requirements.
FFPSA	Family First Prevention Services Act	A federal law that was signed into law as part of the Bipartisan Budget Act on February 9, 2018. This act reforms the federal child welfare financing streams (Title IV-E and Title IV-B of the Social Security Act) to provide services to families who are at risk of entering the child welfare system. The bill aims to prevent children from entering foster care by allowing federal reimbursement for mental health services, substance use treatment, and in-home parenting skill training. It also seeks to improve the well-being of children already in foster care by incentivizing states to reduce placement of children in congregate care.
FBSS	Family-Based Safety Services; Website	A type of service provided to some families who were the subject of an investigation of child abuse and neglect allegations. Also known as Family Preservation, FBSS includes services to families to prevent removal of the child from the home.
FCRB	Foster Care Review Board	Panels of screened and trained volunteers, preferably appointed by juvenile or family courts, to regularly review cases of children in substitute placement such as foster care, examine efforts to identify a permanent placement for each child, and proffer advisory recommendations to the court.
FC	Fostering Connections to Success and Increasing Adoptions Act	According to the Children's Bureau, the 2008 Fostering Connections to Success and Increasing Adoptions Act (P.L. 110–351) amended the Social Security Act to improve outcomes for children in foster care, connect and support relative caregivers, and offer incentives for adoption. Fostering Connections enhanced services for youth aging out of care and created new programs to help children and youth in or at risk of entering foster care to reconnect with family members.
FGC	Family Group Conference	A type of Family Group Decision Making. During an FGC, the child's family joins with relatives, friends, and community members to develop a plan for the child and family. These are generally held after a child is removed but may also be used before removal when the family receives FBSS.
FGDM	Family Group Decision Making	FGDM is a collaborative approach to service planning and decision-making, which involves the child or youth and their family joining CPS staff to develop a service plan for the child.
FPOS	Family Plan of Service	A plan designed to help parents access assistance from sources other than DFPS and to develop the sufficient capacity to protect their children from abuse or neglect.
FSNA	Family Strengths and Needs Assessment	A tool developed to identify and create collaborative agreements about what the Family Plan of Service should address and determines strengths that may help with child safety.
FTM	Family Team Meeting	A type of Family Group Decision Making that is generally held before a child is removed from the home, but also may be held during other stages of services, such as when a family receives FBSS or when a child is in DFPS conservatorship.
GAL	Guardian ad litem	A person appointed by a judge to represent the best interests of an allegedly abused or neglected child. In many counties the GAL is a CASA.
GRO	General Residential Operation	A residential child-care operation that provides childcare for 13 or more children or young adults.
HHSC	Health and Human Services Commission	A state agency which oversees operations of the health and human services system.
HSEGH	Health, Social, Educational and Genetic History	The report that provides the child's information to prospective adoptive families.
ICPC	Interstate Compact on the Placement of Children	The federal law, originally enacted in 1960, provides a legal framework for the timely placement of children across state lines, the suitability of prospective families, and the provision of needed support services. The compact (1) applies to the interstate placement of children in the foster care system and children placed across state lines for adoption; (2) requires the development of time frames for completion of the approval process; (3) establishes clear rulemaking authority, (4) provides enforcement mechanisms; (5) clarifies state responsibility; and (6) ensures states' ability to purchase home studies from licensed agencies to expedite the process.
ICWA	Indian Child Welfare Act	The federal law, adopted by Congress in 1978, ICWA applies to child custody proceedings in state courts involving "Indian" children -- children of Native American ancestry.
IDD	Intellectual and Developmental Disability	A term used to describe differences that are usually present at birth and that uniquely affect the trajectory of the individual's physical, intellectual, and/or emotional development. Conditions can affect multiple body parts or systems. Intellectual disability is characterized by differences with both, intellectual functioning or intelligence and adaptive behavior. Developmental disability is a broader category of often lifelong challenges that can be intellectual, physical, or both.
IDEA	Individuals with Disabilities Education Act	A federal law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children.
IEP	Individualized Education Program	An IEP is a plan for each child who qualifies for special education and related services that is developed, reviewed, and revised by the ARD committee, of which parents are active members. It includes the student's present levels of academic achievement and functional performance, participation in state and district-wide assessments, transition services, annual goals, special factors, special education, related services, supplementary aids and services, extended school year services, and least restrictive educational setting.
IMPACT	Information Management Protecting Adults & Children in Texas	According to DFPS, IMPACT is the main application DFPS uses to record case information about the children and adults the agency protects. DFPS uses IMPACT to document all stages of service of a case, including when someone reports abuse, neglect, or exploitation and when those cases are investigated.
IOP	Intensive Outpatient Treatment	An addiction treatment program that is designated for participants to receive intensive drug treatment while living at home.
IV-E	Title IV-E	Title IV-E of the Social Security Act provides a federal funding stream to states for costs related to the provision of foster care, including costs related to legal representation of DFPS, parents, and children.
JMC	Joint Managing Conservatorship	A legal status that sets out shared rights and duties of a parent by two parties, ordinarily the parents, even if the exclusive right to make certain decisions are awarded to one party. Tex. Fam. Code § 101.016. In DFPS cases, it is possible for a parent or a relative to share JMC of a child in the conservatorship of the Department.
JPO	Juvenile Probation Officer	Officers that provide supervision to some youth involved with juvenile justice system or dual status youth with child welfare and juvenile justice involvement.
LGBTQ	Lesbian, Gay, Bisexual, Transgender, and Questioning; Webpage	The Child Welfare Information Gateway webpage includes information about serving lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth, including resources for LGBTQ youth in out-of-home care and resources offering support and guidance for LGBTQ youth and their families.
LOC	Level of Care; Website	There are five service levels of care for children in the conservatorship of DFPS. Those service levels are basic, moderate, specialized, intense, and intense plus. 40 TAC §§ 700.2301-700.2367.
LPS	Local Permanency Specialist	DFPS changed the title for what was referenced to as “I See You” staff to Local Permanency Specialist in 2017. The I See You worker for a child is officially called the Local Permanency Specialist (LPS); however, references to an I See You caseworker are still common. When a child who is in the conservatorship of DFPS is placed in an out-of-region placement, the region where the child is placed must provide the supervision and a portion of the case management services for the child. The Local Permanency Specialist provides these services, known as courtesy supervision. The CVS caseworker must request services and supervision by a LPS within seven days of the placement.
MOU	Memorandum of Understanding	An agreement between two parties in the form of a legal document. It is not fully binding in the way that a contract is, but it expresses an interest in performing a service or taking part in an activity.
MSA	Mediated Settlement Agreed	A form of alternative dispute resolution (ADR) that settles the case via negotiation under the guidance of a qualified neutral third party. An MSA is binding on the parties if properly executed, and a court may only decline to enter the MSA if a specific exception applies. Tex. Fam. Code § 153.007(c)-(e); Tex. Fam. Code § 153.0071(e-1).
NCJFCJ	National Council of Juvenile and Family Court Judges; Website	The mission of the National Council of Juvenile and Family Court Judges is to provide all judges, courts, and related agencies involved with juvenile, family, and domestic violence cases with the knowledge and skills to improve the lives of the families and children who seek justice.
NCSC	National Center for State Courts; Website	The mission of NCSC is to improve the administration of justice through leadership and service to state courts, and courts around the world.
OAG	Office of the Attorney General; Website	The Texas state agency that serves as legal counsel to all boards and agencies of state government; issues legal opinions when requested by the Texas Governor, heads of state agencies, and other officials and agencies as provided by Texas statutes; sits as an ex-officio member of state committees and commissions; and defends challenges to state laws and suits against both state agencies and individual employees of the State.
OCA	Office of Court Administration; Website	The mission of OCA is to provide resources and information for the efficient administration of the Judicial Branch of Texas.
PAL	Preparation for Adult Living Website	A program within DFPS to provide support and services to help youth prepare for independent adult living upon departure from DFPS' care and support. According to DFPS, PAL policy requires that youth 16 and older who are in substitute care and likely to remain in care until at least age 18, and who can qualify for services up to their 21st birthday receive services to prepare them for adult living. With funding availability, regions may serve any youth age 14 or older on whom Child Protective Services has an open case.
PC	Permanency Conference	A Permanency Conference is held when it is not possible or appropriate to hold a Family Group Conference and is held for a child or youth in DFPS conservatorship for the purposes of developing or reviewing the child's or youth's permanency plan; developing or reviewing the family service plan; resolving barriers to achieving a permanent living arrangement, as appropriate; and developing and reviewing the transition plan for youth age 14 and 15. Family Group Decision Making strategies are used, to the extent possible and appropriate to the situation.
PCSP	Parental Child Safety Placement;	A family-initiated, temporary, out-of-home placement made by a parent with a caregiver who is either related to the child or has a long-standing and significant relationship with the child or family that may occur when the family determines that a PCSP is more workable than having a supervision agreement for parent-child contact.
PJMC	Permanent Joint Managing Conservatorship	A legal term under Tex. Fam. Code § 101.016 used in child custody cases to indicate the long-term sharing of the rights and duties of a parent by two parties, ordinarily the parents, even if the exclusive right to make certain decisions may be awarded to one party.
PMC	Permanent Managing Conservatorship	Placement of a child in the permanent conservatorship of an entity or person, by court order, (e.g., Texas DFPS or relative) with no intention of returning the child to the parent's custody. PMC is a term used solely in the context of child welfare law and is used to designate a managing conservator other than a parent. The designation of a non-parent as sole or joint managing conservator may be used in lieu of the term PMC.
QRTP	Qualified Residential Treatment Program	A childcare institution that has a treatment model as defined by the Family's First Prevention Services Act (FFPSA). Both accreditation of the facility and court review of the placement are required to qualify for federal IV-E matching payments after a child's placement in a QRTP by the court.
RAPR	Refusal to Assume Parental Responsibility	RAPR is characterized as the failure by the person responsible for a child's care, custody, or welfare to permit the child to return to the child's home without arranging for the necessary care for the child after the child has been absent from the home for any reason.
RSDI	Retirement, Survivors, and Disability Insurance	A federally funded program managed by the Social Security Administration. This program is for people who do not or cannot work anymore, and their spouse and dependents. To be eligible for RSDI payments, the person must have worked a minimum number of years (typical ten, but this can change on a case-by-case basis) and been paid Federal Insurance Contribution Act taxes during these years.
RO	Ruled Out	One of the possible dispositions given in a DFPS investigation of child abuse and neglect. For an investigation to be designated as Ruled Out, the information gathered during the investigation supports a reasonable conclusion that: 1) the alleged abuse did not occur; 2) the alleged perpetrator is 9 years old or younger; or 3) the alleged abuse or neglect did occur but there is sufficient evidence to reasonably conclude that the named alleged perpetrator is not responsible.
RTB	Reason to Believe	One of the possible dispositions given in a DFPS investigation of child abuse and neglect. For an investigation to be designated as Reason to Believe, the information gathered during the investigation supports a reasonable conclusion that the alleged abuse or neglect did occur and that the alleged perpetrator is responsible for it.
RTC	Residential Treatment Center	According to Texas HHS, an RTC provides therapeutic, residential care for children and adolescents to address needs such as mental illness, substance use or other behavioral health problems. Children and adolescents live in an RTC for a short period of time as they work to meet their treatment goals.
SACWIS	Statewide Automated Child Welfare Information System	The comprehensive automated case management tool that meets the needs of all staff (including social workers and their supervisors, whether employed by the State, county, or contracted private providers) involved in foster care and adoptions assistance case management. In Texas, the SACWIS system is called IMPACT.
SAPCR	Suit Affecting Parent-Child Relationship	Any lawsuit that affects the parent-child relationship, such as conservatorship of a child that has allegedly been abused or neglected by a parent or guardian.
SIJS	Special Immigrant Juvenile Status	An immigration classification which allows immigrant children in the state child welfare system who cannot reunify with their parents due to abuse, abandonment, or neglect, and who meet certain other criteria, to obtain lawful permanent immigration status.
SMC	Sole Managing Conservator	An individual named by court order with the exclusive rights and duties of a parent to a child.
SPA	Regional Support Program Administrator	According to DFPS, CPS Service Program Administrators (SPAs) supervise program staff members who provide services and support to CPS staff and children and youth in substitute care. Their programs include, but are not limited to, education, developmental disabilities, and well-being.
SSI/SSDI	Supplemental Security Income/Supplemental Security Disability Income	The program that provides monthly payments to adults and children with a disability or blindness who have income and resources below specific financial limits. The SSDI program pays benefits to the disabled person and certain family members of the disabled person, if the person is “insured” meaning they worked long enough, recently enough, and paid Social Security taxes on their earnings.
SSCC	Single Source Continuum Contractor	A non-profit or governmental entity with child welfare as primary mission that contracts with DFPS to oversee delivery of services through the state's community-based care foster care program. Per the DFPS Handbook, the Single Source Continuum Contractors (SSCC) are responsible for implementing the Community Based Care (CBC) model for foster care services in their designated catchment areas. The implementation of CBC in each catchment area occurs in stages with increased responsibility assigned to the SSCC at each stage, requiring DFPS to assess risk and readiness on an ongoing basis prior to moving to the next stage.
TBRI®	Trust-Based Relational Intervention	Developed by Texas Christian University's Institute of Child Development, TBRI employs evidence-based principles and practices to accelerate healing and speed to permanency for children in foster care.
TCIC	Texas Crime Identification Center	TCIC provides immediate access 24/7 to law enforcement agencies throughout Texas to data regarding the stolen status of property and the wanted, missing, sex offender, or protective order status of persons.
TEA	Texas Education Agency; Website	The state agency dedicated to elementary and secondary education.
TFC	Texas Family Code	The laws and statutes that govern Texas family law are contained in the TFC, including laws related to child welfare.
THECB	Texas Higher Education Coordinating Board; Website	The state agency with a mission is to provide leadership and coordination for Texas higher education and to promote access, affordability, quality, success, and cost efficiency through 60x30TX, resulting in a globally competitive workforce that positions Texas as an international leader.
TJMC	Temporary Joint Managing Conservatorship	A legal status that occurs when temporary managing conservatorship is granted to DFPS and the parent(s) or other person in a SAPCR where the state agency is a party to the lawsuit.
TMC	Temporary Managing Conservatorship	The awarding of conservatorship of a child to Texas DFPS. This may include children remaining in their home with orders from the court for particular requirements to ensure the safety of the child, or the removal of a child from the family for safety and well-being purposes.
TPM	Transition Plan Meeting	According to DFPS, a Transition Plan Meeting is held soon after a youth who has been removed from the home reaches age 14. A TPM tends to be a shorter and more DFPS-driven conference with fewer participants than a Circle of Support. A TPM is used as an alternative to the Circle of Support when youth do not desire one, or a Circle of Support cannot be convened.
TRCP	Texas Rules of Civil Procedure	The TRCP govern all civil lawsuits filed in Texas. They are designed to “obtain a just, fair, equitable and impartial adjudication of the rights of litigants under established principles of substantive law” and to provide for efficient disposition of cases.
UTC	Unable to Complete	For an investigation to be designated as UTC, the information gathered during the investigation supports a reasonable conclusion that the caseworker could not gather enough information because the caseworker could not locate a principal, or a principal was uncooperative.
UTD	Unable to Determine	UTD is one of the possible dispositions given in a DFPS investigation of child abuse and neglect. For an investigation to be designated as UTD, the information gathered during the investigation supports a reasonable conclusion that the allegation does not meet the criteria for unable to complete, but: 1) the information gathered is not enough to determine whether the abuse or neglect occurred; or 2) there is enough information to determine that abuse or neglect occurred, but there is not enough information to determine if the alleged perpetrator is responsible.

DFPS Case Determination Abbreviations

Abbreviation	Definitions
ABAN	A case determination of Abandonment
EMAB	A case determination of Mental or Emotional Injury
MDNG	A case determination of Medical Neglect
NSUP	A case determination of Non-Support
NSUP	A case determination of Neglectful Supervision
PHAB	A case determination of Physical Abuse
PHNG	A case determination of Physical Neglect
RAPR	A case determination of Refusal to Assume Parental Responsibility
SXAB	A case determination of Sexual Abuse
SXTR	A case determination of Sex Trafficking

Endnotes

[1] CPS Policy Handbook § 2200. Available online at http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_2200.asp. Last visited August 30, 2024.

[2] DFPS Texas Abuse Hotline website. Available online at https://www.txabusehotline.org/Login/Default.aspx. Last visited August 30, 2024.

[3] DFPS Investigation and Referral to DSHS Residential Treatment Center Bed Resource Guide. Available online at https://www.dfps.texas.gov/handbooks/CPS/Resource_Guides/RTC_Resource_Guide.pdf. Last visited August 30, 2024.

[4] In re Isquierdo, 426 S.W.3d 128, 131 (Tex. App.—Houston [1st Dist.] 2012, orig. proceeding).

[5] For more information, please see the Uniform Child Custody Jurisdiction and Enforcement Act Guide for Court Personnel and Judges developed by the National Council of Juvenile and Family Court Judges. Available online at https://www.ncjfcj.org/wp-content/uploads/2018/07/UCCJEA_Guide_Court_Personnel_Judges_Final.pdf. . Last visited August 30, 2024.

[6] UCCJEA Flow Chart. Available online at https://texaschildrenscommission.gov/media/uvblb4zd/01-uccjea-flow-chart-2024.pdf. Last visited August 30, 2024.

[7] CCEJ Decisions Chart. Available online at https://texaschildrenscommission.gov/media/vaapolmv/02-texas-ccej-chart-2024.pdf. Last visited August 30, 2024.

[8] Interstate Compact on Placement of Children. Available online at https://aphsa.org/AAICPC/default.aspx. Last visited August 30, 2024.

[9] CPS Policy Handbook § 6610. Available online at https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_6600.asp. Last visited August 30, 2024.

[10] In the Interest of A.L.M.-F., A.M., J.A.-F., N.A.-F., and E.A.-F., 593 S.W.3d 271 (Tex. 2019).

[11] Key W. Life Ins. Co. v. State Bd. of Ins., 350 S.W.2d 839, 846 (Tex. 1961) (defining “trial de novo” and describing its attributes); Lone Star Gas Co. v. State, 153 S.W.2d 681, 692 (Tex. 1941) (a trial de novo ordinarily requires the court to conduct a “full civil trial on the facts as well as the law” where the parties will “try the case as if the suit had been filed originally in that court”).

[12] In re A.L.M.-F 593 S.W.3d 271, 277.

[13] CPS Policy Handbook § 6251. Available online at http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_6200.asp#CPS_6251. Last visited August 30, 2024.

[14] HHS Ombudsman Foster Care Help webpage. Available online at https://hhs.texas.gov/about-hhs/your-rights/ombudsman-foster-care-help. Last visited August 30, 2024.

[15] DFPS Office of Consumer Relations. Available online at https://www.dfps.state.tx.us/Contact_Us/Questions_and_Complaints/OCR.asp. Last visited August 30, 2024.

[16] DFPS Youth Housing Program webpage. Available online at https://www.dfps.texas.gov/Child_Protection/Youth_and_Young_Adults/Transitional_Living/youth_housing.asp. Last visited August 30, 2024.

[17] DFPS Regional Youth Housing Liaisons. Available online at https://www.dfps.texas.gov/Child_Protection/Youth_and_Young_Adults/Transitional_Living/regional_housing_liaisons.asp. Last visited August 30, 2024.

[18] A Guide for Those “Aging Out” of Foster Care in Texas. Available online at http://texasfosteryouth.org/. Last visited August 30, 2024.

[19] Youth or Young Adult in Foster Care Residency Verification for a Driver License or State Identification Card Fee Waiver Form. Available online at http://www.dfps.state.tx.us/Application/Forms/showFile.aspx?Name=K-908-2042.pdf. Last visited August 30, 2024.

[20] Extended Court Jurisdiction Flowchart. Available online at http://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/Extended_Foster_Care/documents/Extended_Court_Jurisdiction_Flow_Chart.pdf. Last visited August 30, 2024.

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[22] “Incapacitated person” means (1) a minor; (2) an adult who, because of a physical or mental condition, is substantially unable to: (A) provide food, clothing, or shelter for himself or herself; (B) care for the person's own physical health; or (C) manage the person's own financial affairs; or; (3) a person who must have a guardian appointed for the person to receive funds due the person from a governmental source. Tex. Est. Code § 1002.017.

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[24] CPS Policy Handbook § 10421. Available online at https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_x10400.asp#CPS_10421. Last visited August 30, 2024.

[25] CPS Policy Handbook § 10463. Available online at https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_x10400.asp#CPS_10463. Last visited August 30, 2024.

[26] CPS Policy Handbook § 10421. Available online at https://www.dfps.texas.gov/handbooks/CPS/Files/CPS_pg_x10400.asp#CPS_10421. Last visited August 30, 2024.

[27] Types of Supervised Independent Living Settings. Available online at http://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/Extended_Foster_Care/SIL_setting_types.asp. Last visited August 30, 2024.

[28] CPS Policy Handbook § 10400. Available online at https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_x10400.asp#CPS_10400. Last visited August 30, 2024.

[29] Extended Court Jurisdiction Flowchart. Available online at http://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/Extended_Foster_Care/documents/Extended_Court_Jurisdiction_Flow_Chart.pdf. Last visited August 30, 2024.

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[32] Supervised Independent Living. Available online at https://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/Extended_Foster_Care/supervised_independent_living.asp. Last visited August 30, 2024.

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[34] Texas Foster Youth Justice Project Legal Resources for Youth Aging out of Foster Care. Available online at http://texasfosteryouth.org/legal-resources/legal-resources-for-youth/aging-out-of-foster-care/. Last visited August 30, 2024.

[35] 2024 DFPS Case Law Update. Available online at https://texaschildrenscommission.gov/media/mzqpgmuq/termination-case-law-update.pdf. Last visited August 30, 2024.

[36] U.S. Department of State Office of Children's Issues. Guide for State Authorities on Outgoing Adoption Cases from the United States to another Convention Country. (Feb. 2021). Available online at https://travel.state.gov/content/dam/NEWadoptionassets/pdfs/State Authorities Outgoing Guide - Updated 02122021.pdf. Last visited August 30, 2024.

[37] CPS Policy Handbook § 5230. Available online at https://www.dfps.state.tx.us/handbooks/cps/files/CPS_pg_5200.asp#CPS_5230. Last visited August 30, 2024.

[38] CPS Policy Handbook § 5233.33. Available online at https://www.dfps.texas.gov/handbooks/CPS/Files/CPS_pg_5200.asp#CPS_5233_33. Last visited August 30, 2024.

[39] CPS Policy Handbook § 6715. Available online at https://www.dfps.state.tx.us/handbooks/cps/files/CPS_pg_6700.asp#CPS_6715. Last visited August 30, 2024.

[40] CPS Policy Handbook § 6715.1. Available online at https://www.dfps.state.tx.us/handbooks/cps/files/CPS_pg_6700.asp#CPS_6715. Last visited August 30, 2024.

[41] CPS Policy Handbook § 2233. Available online at https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_2200.asp#CPS_2233. DFPS Forensic Assessment Center Network (FACN) Resource Guide online at https://www.dfps.state.tx.us/handbooks/CPS/Resource_Guides/FACN_Resource_Guide.pdf. Last visited August 30, 2024.

[42] CPS Policy Handbook § 2233.5. Available online at https://www.dfps.texas.gov/handbooks/CPS/Files/CPS_pg_2200.asp#CPS_2233_5. Last visited August 30, 2024.

[43] Texas Center for the Judiciary website. Available online at https://www.yourhonor.com/online. Last visited August 30, 2024.

[44] Ex parte Daniels, 722 S.W.2d 707, 708 (Tex. Crim. App. 1987).

[45] Ex parte Duncan, 182 S.W. 313, 314 (Tex. Crim. App. 1916); Cooke v. United States, 45 Sup. Ct. 390, 394 (1925); Ex parte Flournoy, 312 S.W.2d 488, 492 (Tex. 1958); Tex. Gov't Code § 21.002(d).

[46] Ex parte Knable, 818 S.W.2d 811 (Tex. Crim. App. 1991).

[47] Ex parte Cardwell, 416 S.W.2d 382, 384 (Tex. 1967); Hicks on Behalf of Feiock v. Feiock, 108 Sup. Ct. 1423, 1429 (1998).

[48] Ex parte Chambers, 898 S.W.2d 257, 260 (Tex. 1995) rehearing overruled.

[49] In re Rowe, 113 S.W.3d 749, 752 (Tex. App.—Austin, 2003, no writ); In re R.E.D., 278 S.W.3d 850, 856 (Tex. App.—Houston [1st Dist] 2009, no writ).

[50] Ex parte Conway, 419 S.W.2d 827, 828 (Tex. 1967).

[51] In re Oliver, 68 Sup. Ct. 499, 507 (1948); Ex parte Martin, 656 S.W.2d 443, 445 (Tex. Crim. App. 1982).

[52] Ex parte Vetterick, 744 S.W.2d 598,599 (Tex.1988); Tex. Fam. Code § 157.062.

[53] Ex parte Gunther, 758 S.W.2d 226, 227 (Tex. 1988); Tex. Fam. Code § 157.163(b).

[54] Muniz v. Hoffman, 422 U.S. 454, 95 S. Ct. 2178, 2190 (1975); Ex Parte Werblud, 536 S.W.2d 542, 546 (Tex. 1976).

[55] Ex parte Griffin, 682 S.W.2d 261, 262 (Tex. 1984).

[56] Chambers, 898 S.W.2d at 261; In re Lausch, 177 S.W.3d 144, 155 (Tex. App.—Houston [1st Dist.] 2005, no pet.).

[57] Ex parte Johns, 807 S.W.2d 768, 771, (Tex. App.—Dallas, 1991, no pet.).

[58] Ex parte Landry, 144 S.W. 962, 963 (Tex. Crim. App. 1912); Hicks, 108 Sup. Ct. at 1430; Chambers, 898 S.W.2d at 259; R.E.D., 278 S.W.3d at 860.

[59] Travelhost v. Blandford, 68 F.3d 958, 961 (5th Cir. 1995).

[60] Alberti v. Klevenhagen, 610 F. Supp. 138, 141 (S.D. Texas 1985); See also Ruiz v. McCotter, 661 F. Supp. 112, 116 (S.D. Texas 1986).

[61] Green v. U.S., 78 S. Ct. 632, 644.

[62] Muniz, 95 S. Ct. at 2190.

[63] Werblud, 536 S.W.2d at 546.

[64] Griffin, 682 S.W.2d at 262.

[65] Ex parte York, 899 S.W.2d 47, 49 (Tex. App.—Waco 1995, no writ).

[66] In re Brown, 114 S.W.3d 7, 11 (Tex. App.—Amarillo 2003, no writ) (citing Werblud, 536 S.W.2d at 546).

[67] In re Alexander, 243 S.W.3d 822, 825 (Tex. App.—San Antonio 2007, no writ).

[68] Ex parte Shacklee, 939 S.W. 2d 144, 145 (Tex. 1997).

[69] In re Nesevitch, 93 S.W. 3d 510, 513 (Tex. App.—Houston [14th Dist.] 2002, no writ).

[70] Ex parte Calvillo Amaya, 748 S.W.2d 224, 225 (Tex. 1988); Ex parte Whitehead, 908 S.W.2d 68, 70 (Tex. App.—Houston [1st Dist] 1995, no writ).

[71] Ex parte Mitchell, 738 S.W.2d 703, 706 (Tex. App.—El Paso 1989, no writ).

[72] Ex parte Proctor, 398 S.W.2d 917, 918 (Tex. 1966).

[73] Ex parte Whitehead 908 S.W. 2d at 70; Ex parte Supercinski, 561 S.W.2d 482 (Tex. Crim. App. 1977).

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[76] Guidelines at D.1.

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[78] Guidelines at I.4.

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[110] Inpatient admissions to acute care hospitals for psychiatric conditions are a benefit of Texas Medicaid for all ages. Federal statute prohibits Medicaid funding for services delivered to Medicaid members ages 21-64 while residing in an IMD. As allowed by 42 C.F.R. § 438.6(e), the STAR Health MCO may provide inpatient mental health services in an IMD up to 15 days per month for members who are 21-64, in lieu of an acute care hospital.

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[123] 20 C.F.R. §§ 416.905, 416.972.

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[184] Professional Quality of Life Elements Theory and Measurement. Available online at https://proqol.org/. Last visited August 30, 2024.

[185] The Judicial Trauma Institute was presented live on April 22-23, 2021 via webcast. Available online at https://texaschildrenscommission.gov/project-jti/. Last visited August 30, 2024.

[186] Texas Department of Family and Protective Services. 24-Hour Residential Child Care Requirements, Residential Contracts (RCC) Section 5500 Trauma-Informed Care at 56. Available online at www.dfps.texas.gov/Doing_Business/Purchased_Client_Services/Residential_Child_Care_Contracts/documents/24_Hour_RCC_Requirements.pdf. Last visited August 30, 2024.

[187] See The National Child Traumatic Stress Network. Effects. Available online at https://www.nctsn.org/what-is-child-trauma/trauma-types/complex-trauma/effects. Last visited August 30, 2024.

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[191] Buffington, K., Dierkhising, C. B., & Marsh, S. C. (2010). Ten Things Every Juvenile Court Judge Should Know About Trauma and Delinquency. Reno, NV: National Council of Juvenile and Family Court Judges. Available online at https://www.ncjfcj.org/wp-content/uploads/2012/02/trauma-bulletin_0.pdf. Last visited August 30, 2024.

[192] Stoffel, E., Korthase, A., & Gueller, M. (2019). Assessing Trauma for Juvenile and Family Court Judges: From Development to Implementation, 2013-2017. Reno, NV: National Council of Juvenile and Family Court Judges. Available online at https://www.ncjfcj.org/publications/assessing-trauma-for-juvenile-and-family-court-judges-from-development-to-implementation-2013-2017/. Last visited August 30, 2024.

[193] National Center for State Courts. Study of Virtual Child Welfare Hearings Facilitating Trauma-Responsive Virtual Hearings for Dependency Cases (2022). Available online at https://www.ncsc.org/__data/assets/pdf_file/0023/75812/Trauma-Responsive-Virtual-Hearing.pdf. Last visited August 30, 2024.

[194] The National Child Traumatic Stress Network Bench Cards for the Trauma-Informed Judge (2013). Available online at https://www.nctsn.org/resources/nctsn-bench-cards-trauma-informed-judge. Last visited August 30, 2024.

[195] The National Child Traumatic Stress Network. LGBTQ Issues and Child Trauma (2015). Available online at https://www.nctsn.org/resources/lgbtq-issues-and-child-trauma. Last visited August 30, 2024.

[196] Mental Health America and the National Association of State Mental Health Program Directors. Position Statement 24: Seclusion and Restraint. Available online at https://www.mhanational.org/issues/position-statement-24-seclusion-and-restraints. Last visited August 30, 2024.

[197] Judicial Trauma Institute presented live on April 22-23, 2021 via webcast. Available online at https://texaschildrenscommission.gov/project-jti/. Last visited August 30, 2024.

[198] Trauma Informed Texas website, available online at www.TraumaInformedTexas.com. Last visited August 30, 2024.

[199] Texas Department of Family and Protective Services. Trauma-Informed Care Training. Available online at https://www.dfps.state.tx.us/Training/Trauma_Informed_Care/. Last visited August 30, 2024.

[200] The National Child Traumatic Stress Network. Learning Center webpage. Available online at https://learn.nctsn.org/. Last visited August 30, 2024.

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[204] Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub. L. No. 110-351. Available online at http://www.gpo.gov/fdsys/pkg/PLAW-110publ351/pdf/PLAW-110publ351.pdf. Last visited August 30, 2024.

[205] Federal law references the Local Education Agency (LEA). This term is synonymous with the school district or open-enrollment charter school. In Texas, the state education agency (SEA) is the Texas Education Agency.

[206] U.S Departments of Education and Health & Human Serv., Admin. for Children & Families (2014) joint letter regarding coordination between local education and child welfare agencies. Available online at http://www2.ed.gov/about/inits/ed/foster-care/fostering-connections-letter.doc. Last visited August 30, 2024.

[207] Every Student Succeeds Act, Pub. L. No. 114–95. Available online at https://www.gpo.gov/fdsys/pkg/BILLS-114s1177enr/pdf/BILLS-114s1177enr.pdf. Last visited August 30, 2024.

[208] DFPS and TEA Every Student Succeeds Act Foster Care Preliminary Implementation Q&A (2017). Available online at https://tea.texas.gov/ESSAfostercare_qa.pdf. Last visited August 30, 2024.

[209] School of Origin Determination for Students in Foster care. Available online at https://tea.texas.gov/sites/default/files/school-of-origin-determinations-for-students-in-foster-care.pdf. Last visited August 30, 2024.

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[212] CPS Policy Handbook § 4152.2. Available online at http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_4000.asp#CPS_4152_2. Last visited August 30, 2024.

[213] DFPS Education Decision-Maker Form 2085-E. Available online at https://www.dfps.state.tx.us/site_map/forms.asp. Last visited August 30, 2024.

[214] ESSA Designated Points of Contact for Students in Foster Care. Available at https://tea.texas.gov/academics/special-student-populations/essa-points-of-contact-resource-2023.pdf. Last visited August 30, 2024.

[215] TEA Foster Care | PEIMS Coding | Supplemental Guidance. Available online at https://s3.amazonaws.com/scschoolfiles/387/peims_guidance_foster_care_coding.pdf. Last visited August 30, 2024.

[216] Education Best Interest Decision-Making and Coordination. Available online at https://tea.texas.gov/academics/special-student-populations/education-best-interest-decision-making-2023.pdf. Last visited August 30, 2024.

[217] Family Educational Rights and Privacy Act of 1974, Pub. L. No. 93-380. Available online at http://www.gpo.gov/fdsys/pkg/STATUTE-88/pdf/STATUTE-88-Pg484.pdf. Last visited August 30, 2024.

[218] Uninterrupted Scholars Act of 2013, Pub. L. No.112-278. Available online at http://www.gpo.gov/fdsys/pkg/BILLS-112s3472enr/pdf/BILLS-112s3472enr.pdf. Last visited August 30, 2024.

[219] See U.S. Dep't of Ed Guidance on the Uninterrupted Scholars Act. Guidance Document, Questions 19, Q and 21 (2014). Available online at https://studentprivacy.ed.gov/resources/uninterrupted-scholars-act-guidance. Last visited August 30, 2024.

[220] Texas Judicial Branch Truancy Reform webpage. Available online at http://www.txcourts.gov/publications-training/training-materials/truancy-reform.aspx. Last visited August 30, 2024.

[221] Op Tex. Att'y Gen. No. MW–43 (1979). Available online at https://texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1979/mw0043.pdf . Last visited August 30, 2024.

[222] CPS Policy Handbook § 15510. Available online at http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_x15000.asp#CPS_15510. Last visited August 30, 2024.

[223] TEA Graduation Toolkit. Available online at https://tea.texas.gov/sites/default/files/16Grad-toolkit-web.pdf. Last visited August 30, 2024.

[224] See further, 19 Tex. Admin. Code § 74.1025.

[225] Rehabilitation Act of 1973, Pub. L. No. 93-112. Available online at http://www.gpo.gov/fdsys/pkg/STATUTE-87/pdf/STATUTE-87-Pg355.pdf. Last visited August 30, 2024.

[226] For more information about the ARD committee process, Parent's Guide to the Admission, Review and Dismissal Process. Available online at https://www.spedtex.org/resources/parents-guide-ard-process. Last visited August 30, 2024.

[227] See also TEA's Transition Assistance Toolkit: Nutrition Benefits. Available at https://tea.texas.gov/academics/special-student-populations/transition-assistance-one-pagers.pdf. Last visited August 30, 2024.

[228] Social Security Act § 477. Available online at http://www.ssa.gov/OP_Home/ssact/title04/0477.htm. Last visited August 30, 2024.

[229] CPS Policy Handbook § 10320. Available online at. https://www.dfps.texas.gov/handbooks/CPS/Files/CPS_pg_x10300.asp#CPS_10320. Last visited August 30, 2024.

[230] DFPS Education & Training Voucher Program. Available online at https://www.dfps.texas.gov/Child_Protection/Youth_and_Young_Adults/Education/ETV.asp. Last visited August 30, 2024.

[231] DFPS Transitional Living Services. Available online at https://www.dfps.texas.gov/Child_Protection/Youth_and_Young_Adults/Transitional_Living/default.asp. Last visited August 30, 2024.

[232] The Texas Blueprint: Transforming Education Outcomes for Children and Youth in Foster Care. Available online at https://texaschildrenscommission.gov/media/xhdd13q0/thetexasblueprint.pdf. Last visited August 30, 2024.

[233] Foster Care & Student Success. Available online at https://tea.texas.gov/academics/special-student-populations/foster-care-and-student-success/foster-care-student-success. Last visited August 30, 2024.

[234] CASA Educational Advocacy Guidebook. Available online at https://learn.texascasa.org/resource/educational-advocacy-resources. Last visited August 30, 2024.

[235] Texas Blueprint Implementation Data Workgroup Infographic. Available online at https://texaschildrenscommission.gov/media/ooedvy0z/texas-blueprint-data-workgroup-infographic.pdf. Last visited August 30, 2024.

[236] School of Origin Determination for Students in Foster care. Available online at https://tea.texas.gov/sites/default/files/school-of-origin-determinations-for-students-in-foster-care.pdf. Last visited August 30, 2024.

[237] Education Best Interest Decision-Making and Coordination. Available online at https://tea.texas.gov/academics/special-student-populations/education-best-interest-decision-making-2023.pdf. Last visited August 30, 2024.

[238] ESSA Designated Points of Contact for Students in Foster Care. Available at https://tea.texas.gov/academics/special-student-populations/essa-points-of-contact-resource-2023.pdf. Last visited August 30, 2024.

[239] Information Sharing between Child Welfare and Schools: Maintaining Privacy and Promoting Educational Success. Available online at https://texaschildrenscommission.gov/media/4cxdi2kv/confidentiality-guide-fall-2017-final.pdf. Last visited August 30, 2024.

[240] Transition Planning Guide for Students in Foster Care Receiving Special Education Services. Available online at https://texaschildrenscommission.gov/media/c5jpj3gb/transition-guide-july-2018-final.pdf. Last visited August 30, 2024.

[241] Dept. of Family & Protective Services. College Resources Chart. Available online at https://www.dfps.texas.gov/Child_Protection/Youth_and_Young_Adults/Education/documents/College_Resource_Chart.pdf. Last visited August 30, 2024.

[242] Texas Higher Education Foster Care Liaisons Information and Resource Guide. Available online at https://texaschildrenscommission.gov/media/5pyc45t1/he-liaisons-guide-updated-92618-online.pdf. Last visited August 30, 2024.

[243] Texas Higher Education Foster Care Liaison Listing. Available online at https://reportcenter.highered.texas.gov/roster/crs-cfat-foster-care-liaison-listing/. Last visited August 30, 2024.

[244] Asking the Right Questions II: Judicial Checklist to Meet the Educational Needs of Children and Youth in Foster Care. Available online https://www.ncjfcj.org/publications/asking-the-right-questions-ii-judicial-checklists-to-meet-the-educational-needs-of-children-and-youth-in-foster-care/. Last visited August 30, 2024.

[245] American Bar Association Legal Center on Foster Care and Education website. Available online at https://www.fostercareandeducation.org/. Last visited August 30, 2024.

[246] CPS Policy Handbook on Education. Available online at https://www.dfps.state.tx.us/handbooks/CPS/Menu/MenuCPSa15000.asp. Last visited August 30, 2024.

[247] TEA Foster Care and Student Success website. Available online at https://tea.texas.gov/academics/special-student-populations/foster-care-and-student-success/foster-care-student-success. Last visited August 30, 2024.

[248] Children's Commission Foster Care and Education webpage. Available online at http://texaschildrenscommission.gov/our-work/systems-improvement/foster-care-education/. Last visited August 30, 2024.

[249] American Bar Association, Engaging Youth in Court: A National Analysis (2015). Available online at http://www.americanbar.org/content/dam/aba/administrative/child_law/youthengagement/NationalAnalysisFinal.authcheckdam.pdf. Last visited August 30, 2024.

[250] Youth Presence in Court Proceedings Round Table Report (July 2016). Available online at https://texaschildrenscommission.gov/media/kcqpz043/41718-youth-presence-in-court-proceedings-report_final.pdf. Last visited August 30, 2024.

[251] Judicial Trauma Institute, Learning from the Experts: A Panel Discussion on Lived Experience, 2021. Available online at https://texaschildrenscommission.gov/project-jti/. Last visited August 30, 2024.

[252] Enhancing the Experience of Children & Youth in Court: How Judges and Attorneys Can Prepare and Support Youth Attending Court. Available online https://texaschildrenscommission.gov/for-judges-attorneys/on-demand-training-and-mcle/. Last visited August 30, 2024.

[253] Tools for Engaging Children in Their Court Proceedings: A Guide for Judges, Advocates and Child Welfare Professionals. Available online at https://www.nycourts.gov/ip/justiceforchildren/PDF/PJCJC%20Handbook%20-%20Encouraging%20Child%20in%20Court.pdf. Last visited August 30, 2024.

[254] Children's Commission's, Normalcy for Children and Youth in Foster Care Round Table Report. May 2019. Available online at https://texaschildrenscommission.gov/media/c5odg54d/normalcy-report-final-print.pdf. Last visited August 30, 2024.

[255] Capacity Building Center for States, Having the Normalcy Conversation: A Guide for Discussing Developmentally Appropriate Services for Children, Youth, and Young Adults in Foster Care. Available online at https://capacity.childwelfare.gov/states/resources/guide-developmentally-appropriate-services/. Last visited August 30, 2024.

[256] Texas CASA, Normalcy Matters: A Guide to Supporting Children & Youth in Texas Foster Care. Available online at https://texascasa.org/wp-content/uploads/2021/10/TexasCASA-NormalcyGuide-Final-for-WEB.pdf. Last visited August 30, 2024.

[257] U.S. Department of Justice, Office on Violence Against Women. What is Domestic Violence? Available online at https://www.justice.gov/ovw/domestic-violence. Last visited August 30, 2024.

[258] Stark, E. (2012). Re-presenting Battered Women: Coercive Control and the Defense of Liberty. Violence Against Women: Complex Realities and New Issues in a Changing World, Les Presses de l'Université du Québec. Page 3. Available online at, https://nnedv.org/wp-content/uploads/2019/06/coercive-control.-evan_stark_article_final_100812.pdf. Last visited August 30, 2024.

[259] Id.

[260] Id. at 4. See also National Network to End Domestic Violence. Available at https://nnedv.org/content/frequently-asked-questions-about-domestic-violence/. Last visited August 30, 2024.

[261] National Association of Juvenile and Family Court Judges. Family Violence and Domestic Relations, Domestic Violence and Child Maltreatment. Available online at https://www.ncjfcj.org/family-violence-and-domestic-relations/domestic-violence-and-child-maltreatment/. Last visited August 30, 2024.

[262] Texas Department of Family & Protective Services. (2024). Fiscal Year 2023 Child Maltreatment Fatalities and Near Fatalities Annual Report. Available online at https://www.dfps.texas.gov/About_DFPS/Reports_and_Presentations/PEI/documents/2024/2024-03-20_Child_Maltreatment_Fatalities_and_Near_Fatalities_Annual_Report.pdf. Last visited August 30, 2024.

[263] The Center for Relationship Abuse Awareness. (2024) Available online at https://stoprelationshipabuse.org/educated/barriers-to-leaving-an-abusive-relationship/. Last visited August 30, 2024.

[264] American Psychiatric Association. Mental Health Disparities: Diverse Populations. (2017). Available online at https://www.psychiatry.org/File%20Library/Psychiatrists/Cultural-Competency/Mental-Health-Disparities/Mental-Health-Facts-for-Diverse-Populations.pdf. Last visited August 30, 2024.

[265] Faith and Liberty's Place. Available online at https://familyplace.org/services/ourservices#service11. Last visited August 30, 2024.

[266] Planet SAFE: Supervised Visitation & Exchange - The SAFE Alliance. Available online at www.safeaustin.org. Last visited August 30, 2024.

[267] Texas Health and Human Services Commission, Task Force to Address the Relationship Between Domestic Violence and Child Abuse and Neglect Report. (2012). Page 18. Available online at http://www.ncdsv.org/images/HHSC_TFtoAddressTheRelationshipBetweenDVandChildAbuseAndNeglectReport_9-1-2012.pdf. Last visited August 30, 2024.

[268] Texas Council on Family Violence Personalized Safety Plan. Available online at https://tcfv.org/wp-content/uploads/tcfv_personalized_safetyplan_2021.pdf. Last visited August 30, 2024.

[269] Section 3 of Violence Against Women Act, 34 U.S.C. § 12291(b)(2); Family Violence Prevention and Services Act (FVPSA) universal grant conditions on confidentiality 42 U.S.C. 10401 et seq.; and Texas Family Code Chapter 93.

[270] Texas Council on Family Violence. Honoring Texas Victims. 2022 Family Violence Fatalities Fact Sheet. Available online at https://tcfv.org/wp-content/uploads/Fact-Sheet-English_v3.pdf. Last visited August 30, 2024.

[271] Campbell, J.C., Webster, D., Koziol-McLain, J., Block, C., Campbell, D., Curry, M. A., Gary, F., Glass, N., McFarlane, J., Sachs, C., Sharps, P., Ulrich, Y., Wilt, S., Manganello, J., Xu, X., Schollenberger, J., Frye, V., & Lauphon, K. (2003). Risk factors for femicide in abusive relationships: Results from a multisite case control study. American Journal of Public Health, 93(7), 1089-1097.

[272] Texas Council on Family Violence. Honoring Texas Victims. Family Violence Fatalities in 2022. Available online at https://tcfv.org/wp-content/uploads/TCFV-2022-HTV-Report_Final-Web2.pdf. Last visited August 30, 2024.

[273] United States Code, Title 18- Crimes and Criminal Procedure, Chapter 44 – Firearms, Section 922. Unlawful acts. Available online at https://uscode.house.gov/view.xhtml?req=(title:18%20section:922%20edition:prelim). Last visited August 30, 2024.

[274] Przekop, M. (2011). One More Battleground: Domestic Violence, Child Custody, and the Batterers' Relentless Pursuit of their Victims through the Courts. Available online at https://digitalcommons.law.seattleu.edu/sjsj/vol9/iss2/14/. Last visited August 30, 2024.

[275] Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386. Available online at https://www.gpo.gov/fdsys/pkg/BILLS-106hr3244enr/pdf/BILLS-106hr3244enr.pdf. Last visited August 30, 2024.

[276] National Center for Missing and Exploited Children and National Council of Juvenile and Family Court Judges (2015). Missing Children, State Care, and Child Sex Trafficking: Engaging the Judiciary in Building a Collaborative Response. Reno, Nevada. Available online at https://www.ncjfcj.org/publications/missing-children-state-care-and-child-sex-trafficking-engaging-the-judiciary-in-building-a-collaborative-response/. Last visited August 30, 2024.

[277] Office of the Attorney General of Texas Human Trafficking Prevention Task Force webpage. Available online at https://www.texasattorneygeneral.gov/initiatives/human-trafficking. Last visited August 30, 2024.

[278] CPS Policy Handbook § 6462. Available online at https://www.dfps.texas.gov/handbooks/CPS/Files/CPS_pg_6400.asp. Last visited August 30, 2024.

[279] Preventing Sex Trafficking and Strengthening Families Act of 2014, Pub. L. No: 113-183. Available online at https://www.gpo.gov/fdsys/pkg/PLAW-113publ183/pdf/PLAW-113publ183.pdf. Last visited August 30, 2024.

[280] DFPS Human Trafficking website. Available online at https://www.dfps.state.tx.us/Investigations/Human_Trafficking/default.asp. Last visited August 30, 2024.

[281] NCJFCJ Domestic Child Sex Trafficking Series website. Available online at https://www.ncjfcj.org/publications/domestic-child-sex-trafficking-series/. Last visited August 30, 2024.

[282] NCJFCJ National Judicial Institute on Domestic Child Sex Trafficking Online Resources webpage. Available online at https://www.ncjfcj.org/child-welfare-and-juvenile-law/domestic-child-sex-trafficking/national-judicial-institute-on-domestic-child-sex-trafficking/national-judicial-institute-on-domestic-child-sex-trafficking-online-resources/. Last visited August 30, 2024.

[283] NCJFCJ Voices from the Bench: Judicial Perspectives on Handling Child Sex Trafficking Cases webpage. Available online at https://www.ncjfcj.org/publications/voices-from-the-bench-judicial-perspectives-on-handling-child-sex-trafficking-cases/. Last visited August 30, 2024.

[284] National Center for Missing and Exploited Children. Child Sex Trafficking webpage. Available online at https://www.missingkids.org/theissues/trafficking. Last visited August 30, 2024.

[285] National Human Trafficking Hotline website. Available online at https://humantraffickinghotline.org/. Last visited August 30, 2024.

[286] Office of the Texas Attorney General Human Trafficking webpage. Available online at https://www.texasattorneygeneral.gov/initiatives/human-trafficking. Last visited August 30, 2024.

[287] Office of the Texas Governor Child Sex Trafficking Team webpage. Available online at https://gov.texas.gov/organization/cjd/childsextrafficking. Last visited August 30, 2024.

[288] Polaris Project. Human Trafficking webpage. Available online at https://polarisproject.org/human-trafficking/. Last visited August 30, 2024.

[289] See Tex. Fam. Code § 264.154.

[290] DFPS Community-Based Care webpage. Available online at https://www.dfps.state.tx.us/Child_Protection/Foster_Care/Community-Based_Care/default.asp. Last visited August 30, 2024.

[291] Child Trends' State-level Data for Understanding Child Welfare in the United States Companion Guide. Available online at https://cms.childtrends.org/wp-content/uploads/2023/03/CW-Companion-Guide-2023.pdf. Last visited August 30, 2024.

[292] U.S. Department of Health and Human Services (2019). Administration for Children and Families, Administration on Children, Youth, and Families. The AFCARS report: Preliminary FY 2018 estimates as of August 2019. Washington, DC: U.S. Government Printing Office.

[293] Billingsley, A., & Giovannoni, J. M. (1972). Children of the Storm. New York: Harcourt Brace Jovanivich.

[294] Hill, R. B. (2008). An analysis of racial/ethnic disproportionality and disparity at the national, state, and county levels. Seattle, WA: Casey Family Programs.

[295] Baams L, Wilson BDM, Russell ST. LGBTQ Youth in Unstable Housing and Foster Care. Pediatrics. 2019;143(3): e20174211 at page 4. Available online at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6398424/. Last visited August 30, 2024.

[296] Russell, Stephen T., Baams, Laura, Fish, Jessica N., Wilson, Bianca D.W., and Stevenson, Armeda. Sexual Minority Youth are Over-Represented and Have Worse Outcomes in the Child Welfare System. Available online at https://repositories.lib.utexas.edu/items/411efd64-a616-4416-b353-6f9ff3db4cb3. Last visited August 30, 2024.

[297] Experiences of LGBTQ+ Youth in Child Welfare Systems. Available online at https://youth.gov/youth-topics/lgbtq-youth/child-welfare. Last visited August 30, 2024.

[298] DFPS FY 2023 Disproportionality and Disparity Analysis. Available online at https://www.dfps.texas.gov/About_DFPS/Reports_and_Presentations/Rider_Reports/documents/2023/2023-09-28_Rider_33_Report.pdf. Last visited August 30, 2024.

[299] DFPS Disproportionality webpage. Available online at http://www.dfps.state.tx.us/Child_Protection/Disproportionality/default.asp. Last visited August 30, 2024.

[300] Id.

[301] Courts Catalyzing Change Preliminary Protective Hearing Benchcard, available online at https://www.ncjfcj.org/wp-content/uploads/2012/03/CCC-Benchcard.pdf. Last visited August 30, 2024.

[302] Adapted from NCJFCJ Courts Catalyzing Change Bench Card and Dr. Jeffrey Rachlinski, Professor of Law.

[303] Child Welfare Information Gateway. Equitable Practice. Available online at https://www.childwelfare.gov/topics/equitable-practice/?top=233. Last visited August 30, 2024.

[304] Ellis, K. (2019).Race and Poverty Bias in the Child Welfare System: Strategies for Child Welfare Practitioners. American Bar Association Child Law Practice Today. Available online at https://www.americanbar.org/groups/public_interest/child_law/resources/child_law_practiceonline/january---december-2019/race-and-poverty-bias-in-the-child-welfare-system---strategies-f/. Last visited August 30, 2024.

[305] Rachlinski, J., Wistrich, A, & Donald, B. (2020). Getting Explicit About Implicit Bias. Judicature Vol. 104 No. 3. Available online at https://judicature.duke.edu/articles/getting-explicit-about-implicit-bias/. Last visited August 30, 2024.

[306] American Bar Association, Implicit Bias Videos and Toolkit. Available online at https://www.americanbar.org/groups/diversity/resources/implicit-bias/. Last visited August 30, 2024.

[307] Race and Poverty Bias in the Child Welfare System: Strategies for Child Welfare Practitioners from the American Bar Association. Available online at https://www.americanbar.org/groups/public_interest/child_law/resources/child_law_practiceonline/january---december-2019/race-and-poverty-bias-in-the-child-welfare-system---strategies-f/. Last visited August 30, 2024.

[308] Annie E. Casey Foundation. Race Equity and Inclusion Action Guide: 7 Steps to Advance and Embed Race Equity and Inclusion within Your Organization. Available online at https://www.aecf.org/resources/race-equity-and-inclusion-action-guide. Last visited August 30, 2024.

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[310] Child Welfare Information Gateway. Disproportionality resource page. Available online at https://www.childwelfare.gov/topics/systemwide/cultural/disproportionality/. Last visited August 30, 2024.

[311] Judicial Trauma Institute presented live on April 22-23, 2021. Available at https://texaschildrenscommission.gov/project-jti/. Last visited August 30, 2024.

[312] The Kirwan Institute for the Study of Race & Ethnicity. The Ohio State University. Implicit Bias Module Series for Child Welfare. Available online at https://kirwaninstitute.osu.edu/implicit-bias-module-series-child-welfare. Last visited August 30, 2024.

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[317] Haight, W., Bidwell, L., Choi, W.S., & Cho, M. (2016). An evaluation of the Crossover Youth Practice Model (CYPM): Recidivism outcomes for maltreated youth involved in the juvenile justice system. Children and Youth Services Review, 6, 578-85.

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[320] Caietti, C.M., Gaines, K., & Heldman, J. (2017). “Improving outcomes for dual status youth,” presented at the Beyond the Bench Conference, December 19, 2017. Available online at http://www.courts.ca.gov/documents/BTB24-2G-00PPT.pdf. Last visited August 30, 2024.

[321] For more information on the Center for Juvenile Justice Reform Crossover Youth Practice Model, see https://cjjr.georgetown.edu/ourwork/crossover-youth-practice-model/. For more information on the RFK Children's Action Corps Dual Status Youth Reform, see https://rfknrcjj.org/resources/dual-status-youth/. Last visited August 30, 2024.

[322] For more information on sealing juvenile records, see TexasLawHelp.org. Juvenile Justice Records: Sealing and Restricted Access. Available online at https://texaslawhelp.org/article/juvenile-justice-records-sealing-and-restricted-access Last visited August 30, 2024.

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[327] See also CPS Policy Handbook § 1612.3. Available online at https://www.dfps.texas.gov/handbooks/CPS/Files/CPS_pg_1600.asp#CPS_1612_3. Last visited August 30, 2024.

[328] DFPS Permanency Care Assistance webpage. Available online at https://www.dfps.state.tx.us/Child_Protection/Kinship_Care/pca.asp. Last visited August 30, 2024.

[329] Permanency Care Assistance: Key Issues for Judges. Available online at https://www.dfps.state.tx.us/application/Forms/showFile.aspx?NAME=2127.pdf. Last visited August 30, 2024.

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[331] Mexican Consulates in Texas Jurisdiction Map. Available online at https://texaschildrenscommission.gov/media/3jafdulc/attachment-4-jurisdictions-map.pdf. Last visited August 30, 2024.