Child Protective Services Enhanced Perinatal Surveillance May 30, 2007

1. Child Protective Services Enhanced Perinatal SurveillanceMay 30, 2007

2. CPS Overview Legislative History • State Law Human Resources Code, Chapter 40 • Enabling legislation which gives DFPS responsibility to operate the state child welfare program. • Requires compliance with federal mandates to ensure continued receipt and maximization of federal funds. Texas Family Code • Contains detailed state law provisions for operation of the state child welfare system.

3. CPS Overview Legislative History • Federal Laws Establish: • Minimum definitions of child abuse and neglect • Mandatory abuse and neglect reporting • Confidentiality of reports and records • Due process protections for children and families • Reasonable efforts to prevent unnecessary removals of children from the home and to achieve permanent placement of the child • Making the safety of children the paramount concern in the delivery of services

4. CPS Overview • Duty to Report • The Texas Family Code (261.101) requires persons to report abuse or neglect. • Professionals are required to report within 48 hours. • The identity of the reporter is protected. • There are penalties for false reporting and failure to report.

5. 17,536 Removals 67,737 Children in Confirmed Investigations 275,539 Children in Investigations 6,300,598 Child Population CPS Overview Fiscal Year 2006

6. CPS Services • Intake • Investigation • Family Based Safety Services • Out-of-Home Care

7. CPS Services • Intake • DFPS staff operate Statewide Intake, a toll-free, statewide telephone reporting system to assist individuals in reporting abuse and neglect. Hotline Number: 1-800-252-5400. • Individuals can report non-emergency reports through the Internet. • All reports dealing with children which meet the statutory definition of abuse or neglect are assigned to CPS for investigation. In Fiscal Year 2006, there were 206,173 intakes assigned for investigation alleging abuse/neglect.

8. CPS Services • Types of Abuse/Neglect • Abandonment • Physical Neglect • Neglectful Supervision • Refusal to Assume Parental Responsibility • Physical Abuse • Sexual Abuse • Emotional Abuse • Medical Neglect Definitions for Abuse/Neglect are found in the Texas Family Code Section 261.001

9. CPS Services • Investigation • Investigate the reported incident. • It may be necessary to develop a plan to ensure the child’s safety. This safety plan could stipulate a temporary placement outside the home. • Determine whether child abuse or neglect has occurred. • Assess the risk of occurrence in the future. • May refer families to services in the community, such as individual or family therapy, parenting classes, or programs offering financial assistance for utilities/rent and childcare.

10. CPS Services • Investigation • Following the investigation, the case could be: • Closed with no findings of abuse/neglect, • Closed with a referral to community services, • Opened as an In Home Safety Services case, or • The child/children could be removed and placed in Out-of-Home Care at the direction of the court. In Fiscal Year 2006, CPS caseworkers completed 163,795 child abuse and neglect investigations.

11. CPS Services • Family Based Safety Services • Services designed to reduce the risk of future abuse or neglect while the child remains in the home. • Assessments are conducted; a plan identifying services needed to ensure the long-term safety and well-being of the child and family is developed. • Services are authorized by caseworkers and provided through contracts with community agencies. • Services may include essential home repairs, parenting classes, and homemaker services. • Caseworkers and families work together on specific goals for 3-9 months. In Fiscal Year 2006, 40,644 children received in-home services and an additional 2,665 received in-home purchased services.

12. CPS Services • Out-of-Home Care • When children can’t be maintained safely in their own homes, CPS may petition the court to remove children from their home. • Children may be placed in the following types of placements: • kinship homes, with approved home studies and background checks • family or group foster homes • residential treatment centers • emergency shelters In the 163,795 investigations during Fiscal Year 2006, CPS caseworkers conducted removals of 17,536 children.

13. CPS Services • Out-of-Home Care • CPS and the family jointly develop a service plan to resolve the problems which contributed to the risk to the child and the removal. • CPS is required to arrange all medical, dental and therapeutic services needed by the child, as well as basic needs (clothing, childcare, etc.). At the end of FY 2006, there were 31,398 children in DFPS legal responsibility

14. CPS Services • Testing Children for HIV Antibodies • Child must be in DFPS custody • Face a high risk of HIV infection • Be re-tested on a routine basis • Test results are confidential and only shared with the child’s parent, and caregiver. Additional information is located in the Texas Administrative Code Title 40, Part 19, Chapter 700, Subchapter N.