Texas Department of Family and Protective Services November 14, 2014 Texas Child and Family Services Review: Case Review System Stakeholder Meeting Texas Department of Family and Protective Services November 14, 2014

Child and Family Services Review: What is the CFSR? Federal outcomes review process used throughout the United States Developed in 2000 by the Administration for Children and Families, U.S. HHS’ Children’s Bureau A revision of the ongoing requirement in the 1994 Amendment to the Social Security Act requiring HHS to review state child welfare programs. State reviews began in 2001 Evaluates how well states are achieving Safety, Permanency, and Well-Being outcomes for children

CFSR Approach Identifies Strengths and highlights specific Areas that Need Improvement Engages Stakeholders Encourages States Towards Self-Assessment and Systems Change Serves as a Model for Continuous Quality Improvement

What are we evaluated on? 3 Domains – Safety, Permanency, and Well- Being 7 Outcomes – 2 for Safety, 2 for Permanency, and 3 for Well Being 18 Individual Items

Texas CFSR Round 1 Status CFSR Round 1 - Texas was reviewed in 2002 (Harris County, Lubbock County, and Cameron County). Program Improvement Plan (PIP) effective April 2003 – March 2007. Texas was assessed a financial penalty for not meeting one targeted outcome (Well-Being 1 – specifically caseworker visits with children and parents). The penalty was appealed and subsequently rescinded.

Texas CFSR Round 2 Status CFSR Round 2 – Texas was reviewed in 2008 (Harris County, Dallas County, and El Paso County) March 25, 2009: ACF sent the Round 2 Final Report to the state. April 1, 2010: Round 2 PIP approved by ACF and became effective this date. March 2012: Texas submitted evidence of completion for all remaining Action Steps in the 8th Quarter (one year early). May 2012 ACF approved and notified Texas of successful completion of the PIP.

CFSR Round 2 Cross-Cutting Themes Strengthen Critical Decision-Making Skills Remove Barriers to Permanency Enhance Placement Capacity through Redesign of the Texas Foster Care System Strengthening Family Based Safety Services

CFSR Round 2 Accomplishments Roundtables related to Courts: Collaborated with Supreme Court Commission for Children, Youth and Families and convened with Judiciary, providers and other stakeholders to improve court hearing notification practices and engaging stakeholders (youth and parents) in hearings. Shared data (state, regional, county) with judiciary and other stakeholders regarding permanency outcomes and permanency trends. Judicial stakeholders were trained in the analysis and use of data regarding permanency outcomes to identify areas needing practice changes.

CFSR Round 2 Accomplishments cont. Collaborated with Supreme Court Commission for Children, Youth and Families to convene Roundtable with Judiciary and stakeholders on permanency issues such as how to avoid overuse of Permanent Managing Conservatorship Without Termination or Parental Rights. Completed development of a Bench Book for the Judiciary and made available to all CPS judges on December 1, 2010. The Bench Book currently contains statutory requirements and checklists for each phase of a child protection case, as well as information on topics such as Disproportionality, STAR Health and the Permanency Care Assistance program.

CFSR Round 2 Accomplishments cont. Fatherhood Initiative and Parent Collaboration Groups: Website created and includes information about the Texas Fatherhood Initiative, the Fatherhood Specialist for Texas, resources for staff regarding working with fathers, and real life success stories with fathers who have been engaged with the Child Protective Services agency. This website allows for another medium to reiterate to CPS staff the importance of engaging fathers, as well as providing staff with information on working with fathers.

CFSR Round 2 Accomplishments cont. PowerPoint with trainers' notes on engaging fathers, Children's Justice Act Fatherhood Roundtable, statewide Parent Collaboration (PCG) group meetings, fliers for Fatherhood Conferences in North Texas and Harris County as well as a video link from a PCG presentation from the September 2011 Center for Family Strength Symposium. Enhanced Family Centered Safety Decision Making (EFCSDM): Developed and convened EFCSDM Training across Family Based Safety Services (FBSS), Investigation and Conservatorship (CVS) stages of service. This will support the ability of CPS supervisors and managers to support family-centered practice.

CFSR Round 2 Accomplishments cont. Permanency Round Tables: Permanency roundtables (PRT's) are an internal case consultation process designed to facilitate the permanency planning process by identifying realistic solutions to permanency obstacles for children and youth by developing child specific permanency action plans through supportive supervision. Preparation for Adult Living (PAL): CPS handbook updates to PAL Policy Section 10000: Services to Older Youth in Care. This policy was developed from the Transitional Living Services Plan and includes the Child Care Standards for GRO's and CPA's and the provision of experiential life skills at age 14 while in DFPS care.

CFSR Round 2 Accomplishments cont. Foster Care Redesign: DFPS focused on enhancing placement capacity resources through a redesign of the foster care system with the goal of not to simply increase the numbers in placement capacity but rather better match placement opportunities that are: able to meet individualized child needs, located in the child's home community, and least restrictive. The approach identifies and implements new processes to procure, contract and pay providers who deliver a full range of regionally available foster and residential care to children.

CFSR Round 3 Review CFSR Round 3 will be completed in 2016 using the revised federal CFSR Onsite Review Instrument (OSRI)

Seven Systemic Factors Information System Case Review System Quality Assurance System Service Array Staff and Provider Training Agency Responsiveness to the Community Foster/Adoptive Home Licensing/Approval /Recruitment

Case Review System When children are removed and placed in substitute care, CPS must develop a case plan that consists of both a child and a family plan of service. These plans are developed in partnership with the child and parents and must identify the permanency and concurrent goal for the case as well as the services needed to address or ameliorate the need for substitute care. The plan of service must be periodically reviewed by the child welfare agency and the courts.

Case Review System Performance Indicators 1. Provides a process that assures that each child has a written case plan that is developed jointly with the child's parents that includes the required provisions. 2. Provides a process for the periodic review of the status of each child no less frequently than once every six months by either a court or by administrative review. 3. Provides a process that assures that each child in foster care under the supervision of the state has a permanency hearing in a qualified court or administrative body no later than 12 months from the date the child entered care and no less frequently than every 12 months thereafter.

Case Review System Performance Indicators cont. 4. Provides a process for termination of parental rights in accordance with the provisions of the Adoption and Safe Families Act. 5. Provides a process for foster parents, pre- adoptive parents, and relative caregivers of children in foster care with notice of and opportunity to be heard in any review or hearing held with respect to the child.

CFSR Round 3 Case Review Systemic Factor Item 20: Written Case Plan How well is the case review system functioning statewide to ensure that each child has a written case plan that is developed jointly with the child’s parent(s) and includes the required provisions?

Written Case Plan: CPS Policy Federal law requires DFPS to establish a written case plan for each child in care. A case plan is made up of the Child Plan of Service (CPOS) and the Family Plan of Service (FPOS), unless DFPS is no longer required to develop the FPOS. In addition, DFPS is required by federal law to have a case review system that complies with the relevant requirements of federal law. Within 45 days after a child’s placement in substitute care, CPS must develop a written plan for services to the child.

Written Case Plan: CPS Policy cont. Service plan updates refresh the information in the initial plan and track progress toward achieving the permanency goals and meeting the child’s and family’s needs. Both the FPOS and CPOS are updated when a child has been in care for five months, nine months, and every six months thereafter as long as the plan is required. Plan updates may be required more frequently for children receiving treatment services. In addition, The caseworker should update the plans as circumstances change significantly.

CFSR Round 3 Case Review Systemic Factor Item 21: Periodic Reviews How well is the case review system functioning statewide to ensure that a periodic review for each child occurs no less frequently than once every 6 months, either by a court or by administrative review?

Periodic Reviews: CPS Policy The review of the child's service plan and the family service plan must be completed and approved by the supervisor within the time frames required by law and policy: within 45 days of being named TMC; five months and nine months post-TMC; and every three or six months thereafter, depending on the child's level of care. Permanency planning meeting is the umbrella term used in substitute care to describe the service planning models DFPS uses to address permanency issues for the child. Planning meetings can be held through the following methods: Family Team Meetings Family Group Conferences Permanency Conferences Transition Plan Meetings

Periodic Reviews: CPS Policy cont. Depending on the legal status, the permanency plan is submitted to the court through three different methods: In the family’s service plan, which is filed with the court before the status hearing In the court report for all permanency review hearings when DFPS has temporary managing conservatorship In the court report for all placement review hearings when DFPS has permanent managing conservatorship

CFSR Round 3 Case Review Systemic Factor Item 22: Permanency Hearings How well is the case review system functioning statewide to ensure that, for each child, a permanency hearing in a qualified court or administrative body occurs no later than 12 months from the date the child entered foster care and no less frequently than every 12 months thereafter?

Permanency Hearings: CPS Policy The permanency goals are reviewed when the child’s service plan is evaluated and updated, during permanency conferences or family group conferences, permanency and placement hearings, and as needed. The permanency plan must be reviewed no less than every 180 days. The court enters final orders before the one-year anniversary of the child entering DFPS conservatorship (or no later than 18 months if the court grants an extension for extraordinary circumstances).

CFSR Round 3 Case Review Systemic Factor Item 23: Termination of Parental Rights How well is the case review system functioning statewide to ensure that the filing of termination of parental rights (TPR) proceedings occurs in accordance with required provisions?

Termination of Parental Rights: CPS Policy Federal law requires that DFPS request termination of parental rights if a child has been in foster care for 15 of the last 22 months, unless certain exceptions apply. In most counties, DFPS requests termination of parental rights as an alternative in the original petition filed at the time of removal. This puts the parents on notice from the beginning of the case that if the problems that lead to removal are not resolved, DFPS may ask the court to terminate parental rights. Ultimately, if the parent’s performance in establishing a safe home for the child is inadequate, DFPS may consider asking the court to set a final hearing at which DFPS seeks termination of parental rights.

CFSR Round 3 Case Review Systemic Factor Item 24: Notice of Hearings and Reviews to Caregivers How well is the case review system functioning statewide to ensure that foster parents, pre- adoptive parents, and relative caregivers of children in foster care are notified of, and have a right to be heard in, any review or hearing held with respect to the child?

Notice of Hearings and Reviews to Caregivers: CPS Policy The caseworker notifies the following persons and entities about the placement review hearing by completing the Permanency Hearing Notice Letter and sending it to the following persons at least 10 days before the hearing: DFPS staff The child, if the child is over the age of 10 or the court determines that it is appropriate for the child to receive notice The foster parent, potential adoptive parent, relative providing care, or director of the group home or institution where the child lives Each parent of the child (as long as parental rights have not been terminated) Each parent’s attorney

Notice of Hearings and Reviews to Caregivers: CPS Policy cont. Each possessory conservator, managing conservator, or guardian of the child (other than DFPS) The child’s attorney ad litem, guardian ad litem and volunteer advocate, if the appointments have not been dismissed The licensed administrator (or designee) of the child- placing agency responsible for verifying or supervising the foster home where the child is placed. The caseworker sends the notice to the administrator in care of or C/O the child’s CPA case manager Any other person or agency named by the court or determined by DFPS to have an interest in the child’s welfare

Wrap-Up Questions? Thank you!