Visitation Policy & Practice Katherine Barillas, Ph.D. Director, Child Welfare Policy One Voice Texas kbarillas@onevoicetexas.org
Current Policy Only in CPS policy; removed from Texas Administrative Code due to federal “reasonable efforts” standard Right to regular contact (exceptions include): Court restrictions (i.e. aggravated circumstances) Formal relinquishment Termination Appearing to be under the influence Minimum of once a month
Current Policy Variety of stakeholders should be involved in decision Frequency of visits based on needs of the child, need for supervision etc. Location and type of visit can vary Worker, parents and caretakers should make arrangements for contact
Challenges of Current Policy Setting a minimum policy and lack of strengths based approach Little guidance to caseworkers in determining type, location, frequency, and level of supervision Visitation plan is part of Family Plan of Service which isn’t due to the court until day 45 No set process for addressing challenges to visitation
Best Practice General Infants = 1x a day Toddlers = 2-3x a week Initial visit very soon after removal Allowing the parent and child opportunities to have positive and productive interaction In Other States Incarcerated parents (SC) Focus on anywhere but office (KY) Foster parents actively involved (TN) Not to reward or punish (OH)
Senate Bill 352 (West/Gonzalez) Requires DFPS to provide the opportunity for a visit to take place within 72 hours of the child’s removal and, in cooperation with the parent(s), to develop a temporary visitation schedule between this visit and the 30 day hearing. Requires formal visitation plan by the 30 day hearing.
Senate Bill 352 Visitation plans and their outcomes should be regularly reviewed at each permanency court hearing and the court should examine the need for supervision of visitation to be reduced as it is safe to do so. If there are challenges to visitation, the court should review why that is the case and what specific steps can be taken to try to resolve any potential barriers.
Senate Bill 352 DFPS should attempt to employ the use of volunteers including those directly engaged with DFPS and those who work for organizations that serve children in state care. The standard criminal CPS and criminal background checks should be employed.
What Should We Work Towards? Daily visitation for infants and 2-3x a week for toddlers Visit coaching Peer support from foster parents Visits for children in PMC and after termination
Implementation DFPS is committed to change Oversight committee and three workgroups starting in June Partnership between DFPS and external partners essential Resources are an issue DFPS CANNOT DO IT ALL! Tools for assessment and guidance for caseworkers and other stakeholders