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RULE §700.1321What are the requirements for a child service plan?

(a) Except as otherwise provided in this section, DFPS develops a child service plan for every child in DFPS conservatorship and each young adult in extended foster care. At a minimum, the child service plan must address all case plan requirements in §475 of Title IV-E of the Social Security Act that are not addressed in the family service plan. If the child resides in a residential child-care facility regulated by DFPS, the child service plan may incorporate the service plan required to be developed for the child under Child Care Licensing minimum standards in Chapter 748 of this title (relating to General Residential Operations), or Chapter 749 of this title (relating to Child-Placing Agencies), as applicable.

(b) DFPS involves each of the following in the development of the child service plan, and in all reviews and updates of the plan:

  (1) the child's caseworker in the DFPS conservatorship unit and the DFPS worker supervising the child's placement, if different than the child's conservatorship caseworker;

  (2) the child, unless the child is too young to participate or cannot participate in any meaningful way because of a physical or mental illness or disability;

  (3) each parent of the child, unless such parent:

    (A) cannot be located, despite due diligence;

    (B) has had parental rights to the child terminated; or

    (C) refuses to participate;

  (4) the child's substitute caregiver (e.g., a relative, the child's foster parent, or a representative of the general residential operation where the child is placed);

  (5) each person appointed by the court to serve as the child's attorney ad litem, guardian ad litem, or court-appointed special advocate (CASA);

  (6) a prospective adoptive family with whom the child has been placed for adoption; and

  (7) when appropriate, other family members, professionals, and volunteers who are or will be providing services or supports to the child or the child's family.

(c) DFPS provides a copy of the relevant portions of the child service plan to:

  (1) each person described in subsection (b)(2) - (6) of this section, regardless of whether such person participated in the development of the plan; and

  (2) each person described in subsection (b)(7) of this section who participated in the development of the plan.

(d) When a child in DFPS conservatorship is placed in the home of a parent from whom the child was removed, DFPS is not required to develop a child service plan, but must ensure that all case plan requirements in §475 of Title IV-E of the Social Security Act are addressed in the family service plan.

Source Note: The provisions of this §700.1321 adopted to be effective August 1, 2012, 37 TexReg 5632

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