Timeline Regarding the Removal of a Child by CPS

1 If the Department of Family and protective Services ( DFPS or sometimesreferred to as CPS ) takes possession of a Child in the State of Texas withoutthe agreement of a parent or guardian, the following deadlines apply, calculatedfrom the date the Child is removed from the home: Day 1: Removal of Child /Emergency HearingCPS may conduct an emergency Removal of a Child if a CPS worker finds: there is a present danger of serious harm to the Child in the home; the caregiver s protective capacities are insufficient to keep thechild safe from the harm; and/or there are no reasonable efforts that CPS can make to preventremoval of the Child that would be consistent with the safetyof the a Child is removed by CPS without a hearing, an emergency hearing mustbe held by a court on the first working day after Removal , but no more thanthree days after Removal (Texas Family Code ( TFC ) ).

2 At this hearing,the court will determine if the factors listed above exist. If the above-findingsare made, the Child will remain in the possession of CPS until further orderof the 14 (after Removal ): Adversary HearingAt this hearing the court will enter temporary orders Regarding the Child orreturn the Child to the parent, guardian or relative if the court finds it is safeto do so and is in the Child s best the Child is not returned, the courtwill name CPS as the temporary managing conservator of the Child and thetemporary orders will set forth guidelines Regarding the rights of the parties,visitation, Child support, and services to perform ( counseling, substanceabuse evaluations, random drug tests, anger management.)

3 And parenting classes).Day 60 (after Removal ): Status HearingWithin 60 days after temporary managing conservatorship is awarded at the14 day Adversary Hearing, the court will review the Child s status and the permanency plan (TFC ).Day 180 (after Removal ): Initial Permanency HearingAt this hearing the court will perform the following tasks: Review or locate any services efforts for the parties and thechild (TFC (c); (2)). Review CPS s efforts in attempting to locate all necessary persons; requesting service of citation; and obtaining assistancefrom a parent in attempting to locate an absent parent, allegedfather, or relative of the Child .

4 Return the Child to the parents if it is safe to do so and is inthe Child s best interest. Place the Child with a non-parent having standing under Chapter 102 of the TFC if it is safe to do so and is in the Child sbest interest. Evaluate CPS efforts to identify relatives with whom placementcould be safely made. Evaluate the parties compliance with temporary orders andthe services plan. Determine whether the current placement is appropriate formeeting the Child s needs, including with respect to a Child whohas been placed outside of the state, whether that placementcontinues to be in the best interest of the Child or if any otherplans or services are needed to meet the Child s special needsor circumstances.

5 Determine plans, services, and further temporary orders necessaryto ensure final orders are rendered prior to the dismissal 270 (after Removal ): Permanency HearingAt this hearing the court will perform the same duties and tasks as it did atthe 180 day Initial Permanency Hearing. Every 120 days after the 180 dayInitial Permanency Hearing, the court will conduct additional permanencyhearings and will continue to perform the duties and tasks at each court may shorten, but may not extend, the 120 day deadline for subsequent permanency hearings (TFC ).

6 Day 360 (after Removal ): Trial/Dismissal of Suit/Extension of Case At this stage, the court must enter a final order, dismiss the case, or extend thedeadline for the finalization of the case by 180 days if the court finds extraor-dinary circumstances. Final order is an order that does one of the following: Returns the Child to a parent; Grants managing conservatorship to a relative or other person; Appoints CPS as the permanent managing conservator; or Terminates the parent- Child relationship. At this hearing, the court may also extend the time to enter a final orderby an additional 180 days from the original deadline (TFC (b)).

7 Day 540: Dismiss/Return to Monitor/TrialThe case must be dismissed on the next Monday following 18 months from thedate the temporary managing conservatorship was granted to CPS unless either: A final order has been entered (TFC (d)); or The Child has been placed with a parent or relative for up to180 days of monitoring (TFC ).Day 720: Dismiss/TrialThe case must be dismissed or the court must enter a final order regardingthe conservatorship of the Child by this date.*For more detailed information about about CPS, go to down-load What You Should Know about Your Child Abuse, Neglect or CPS Case.

8 Timeline Regarding the Removal of a Child by CPSCPS ACRONYMSA/NAbuse/NeglectACAssistant CommissionerACFA dministration for Children and FamiliesACRA dministrative Case ReviewADAA ssistant District AttorneyADOA doptionAOCA ging Out of CareAPAlleged PerpetratorAPSA dult protective ServicesARDA dmission, Review, DismissalASFAA doption and Safe Families Act of 1997 AVAlleged VictimCACC hildren Advocacy CenterARCA dvancing Residential Child CareBSDB asic Skills DevelopmentBVSB ureau of Vital StatisticsCAPTAC hild Abuse Prevention and Treatment ActCASAC ourt Appointed Special AdvocateCCLC hild Care LicensingCHIPC hildren s Health Insurance ProgramCIPC ourt Improvement ProjectCIRTC ritical Incident Resource TeamCISC ommunities in SchoolCLASSC hild-Care Licensing Automation Support SystemCLDC losedCOACC ouncil on Adoptable ChildrenCOSC ircle of

9 SupportCPSC hild protective ServicesCRCGC ommunity Resource Coordination GroupCRESTC omprehensive Relative Enhancement, Support & TrainingCRTC itizens Review TeamCVSC onservatorshipCWCaseworkerCWAC losed Without AssignmentCWBC hild Welfare BoardCWDC hildren with DisabilitiesCWLAC hild Welfare League of AmericaCYDC ommunity Youth DevelopmentDADSD epartment of Aging and Disability ServicesDARSD epartment of Assistive and Rehabilitative ServicesDDDistrict DirectorDSHSD epartment of State Health ServicesDFPSD epartment of Family and protective ServicesDIFFEl Desarrolio Integral de la FamiliaDISPROD isproportionalityDOBDate of BirthDPSD epartment of

10 Public SafetyEAEmergency AssistanceECIT exas Interagency Council on Early Childhood InterventionEMABE motional AbuseESEducational SpecialistFADF oster and AdoptFBSSF amily-Based Safety ServiceFFFoster FatherFGDMF amily Group Decision MakingFHFoster HomeFMFoster MotherFTEFull Time EquivalentFTMF amily Team MeetingHHSCH ealth and Human Services CommissionHIPPYHome Instruction Program for Preschool YoungstersHQHeadquartersHSHome StudyHSEGHH ealth, Social, Educational, and Genetic History ReportI&RInformation and ReviewICF-MRIntermediate Care Facility for Persons with Mental RetardationICPCI nterstate Compact on the Placement of ChildrenICWAI ndian Child Welfare ActIFCCI nteragency Foster Care CommitteeILIndependent LivingINSI mmigration and Naturalization ServiceINVI nvestigationITInformation TechnologyLARL egislative Appropriation RequestLBBL egislative Budget BoardLOCL evel of CareMDNGM edical NeglectMEPAM ulti Ethnic Placement ActMHMRM ental Health and Mental RetardationNCANDSN ational Child