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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER MSUBSTITUTE-CARE SERVICES
DIVISION 1GENERAL
RULE §700.1334What strategies does DFPS implement to reduce the number of incidents in which a child in its conservatorship runs away?

(a) DFPS has established policy and protocols that guide caseworkers in providing support and information to kinship and other non-contracted caregivers of children in DFPS conservatorship to prevent and reduce the occurrence of runaway incidents. The protocols:

  (1) address child safety while promoting normalcy;

  (2) include guidelines for identifying children who might be at risk of running away from their placement;

  (3) require caregivers to use the reasonable and prudent parent standard when making decisions regarding the child; and

  (4) are trauma-informed.

(b) DFPS contracts with residential child care providers include a provision that requires the providers to maintain policy and protocols to prevent and reduce the occurrence of runaway incidents by children in DFPS conservatorship that are placed in their operations and/or foster homes. The contracts require that the protocols:

  (1) address child safety while promoting normalcy;

  (2) include guidelines for identifying children who might be at risk of running away from their placement;

  (3) require caregivers to use the reasonable and prudent parent standard when making decisions regarding the child; and

  (4) be trauma-informed.

(c) In this section, the following terms have the following meaning:

  (1) "Normalcy" has the same definition as specified in §748.701 of title 26 (relating to What is "normalcy"?) and §749.2601 of title 26 (relating to What is "normalcy"?). For purposes of this DFPS section, "age-appropriate normalcy activity" means an activity or experience as defined in Texas Family Code §264.001(1).

  (2) "Reasonable and prudent parent standard" has the same definition as specified in §748.705 of title 26 (relating to What is the "reasonable and prudent parent standard"?) and §749.2605 of title 26 (relating to What is the "reasonable and prudent parent standard"?).

  (3) "Runaway" incident is defined as a type of unauthorized absence where a child who has left the child's placement on the child's own accord and without permission from the caregiver, does not appear to have the intent to return and is unable to be located. An unauthorized absence in which the child has temporarily left the placement without permission from the caregiver but intends to return, is not considered a runaway incident for purposes of this DFPS section. For the definition of an unauthorized absence, see §748.301(3) of title 26 (relating to What do certain terms mean in this subchapter?) and §749.501(3) of title 26 (relating to What do certain terms mean in this subchapter?) for the definition of an unauthorized absence.

  (4) "Trauma-informed" has the same definition as specified in §748.43(70) of title 26 (relating to What do certain words and terms mean in this chapter?) and §749.43(72) of title 26 (relating to What do certain words and terms mean in this chapter?).


Source Note: The provisions of this §700.1334 adopted to be effective December 21, 2020, 45 TexReg 9242

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