6800 Special Circumstances
6810 Families Who Are Unable to Obtain Mental Health Services for Children with Severe Emotional Disturbance
CPS September 2026
A child may qualify for treatment through the Department of State Health Services when it is determined that the child meets both of the following criteria:
- Has a severe emotional disturbance.
- The parents’ refusal to allow a child to remain in or return to the child’s home is based solely on the parents’ inability to obtain mental health services for the child.
For additional information, see the Investigation and Referral to DSHS Residential Treatment Center Bed Resource Guide.
6811 Discussing the Option of Joint Temporary Managing Conservatorship
CPS September 2026
If DFPS removal appears necessary, the DFPS caseworker must discuss with the parent the option of asking the court to appoint DFPS and the parent to be joint temporary managing conservators of the child, unless DFPS determines it would not be in the best interests of the child to have joint conservatorship.
The DFPS caseworker must also discuss the option with the parent in post-adoption conservatorship services under 6951 Post-Adoption Substitute Care (Return to Care), if the child was adopted from DFPS.
6811.1 Determination of Joint Temporary Managing Conservatorship
CPS September 2026
The DFPS caseworker must not discuss joint temporary managing conservatorship of the child with the parents until the DFPS supervisor and program director have approved both of the following:
- The removal of the child.
- The DFPS caseworker going forward with a discussion of joint temporary managing conservatorship with the parents.
If DFPS decides to discuss joint temporary managing conservatorship with the parents and a parent is interested, the DFPS caseworker must discuss with the county or district attorney whether to include this request in the petition.
If the county or district attorney declines to file for DFPS–parent joint temporary managing conservatorship, the DFPS caseworker must staff the case with DFPS regional attorney.
6811.2 Documenting the Discussion
CPS September 2026
The DFPS caseworker must document the following in the family substitute care stage (FSU) stage narrative in IMPACT:
- Whether joint temporary managing conservatorship was discussed with the parent.
- Whether the parent wanted joint temporary managing conservatorship, and if not, why not.
6820 CPS Youth and Municipal or County Courts and the Juvenile and Criminal Justice Systems
CPS September 2026
Youth Who Are Not U.S. Citizens
If the youth is not a U.S. citizen, DFPS or SSCC staff must always inform the following people to minimize any immigration consequences:
- The DFPS regional attorney.
- The county attorney.
- The youth’s attorney ad litem.
- Any attorney appointed to handle the charges.
If a youth is not a U.S. citizen, a ticket, juvenile adjudication, or criminal charge may complicate efforts to obtain legal immigration status or may jeopardize permanent resident status.
6821 CPS Youth with Tickets and Fines Involving Municipal or County Courts
CPS September 2026
If a DFPS or SSCC caseworker learns that a youth has received a ticket from a municipal or county court, the DFPS or SSCC caseworker must do all of the following:
- Request a copy of the ticket.
- Inform and consult with the youth’s attorney ad litem, guardian ad litem, and court appointed special advocate (CASA).
- Consult with the DFPS regional attorney or the attorney representing DFPS.
- Consult with the CPS regional juvenile justice liaison, as necessary.
- Accompany (or arrange for a DFPS or SSCC staff member to accompany) the youth to court.
The DFPS or SSCC caseworker ensures that the youth consults with the youth’s attorney ad litem, guardian ad litem, and CASA, and must never advise the youth regarding a plea.
In all cases, the DFPS or SSCC caseworker must remind the court and others that Texas Code of Criminal Procedure Article 45.041(b-6) prohibits justices of the peace and municipal court judges from imposing fines and court costs on a youth in DFPS conservatorship or a young adult in Extended Foster Care.
If the case is a traffic ticket, the DFPS or SSCC caseworker must inquire whether the youth can take a defensive driving course to have the case dismissed.
Youth's Permanent Record
The DFPS or SSCC caseworker must work with the attorney ad litem, guardian ad litem, and CASA to ensure the charge is resolved without affecting the youth’s record.
For additional information, see Tickets and Fines in City/Municipal and County Courts in the Juvenile Justice Resource Guide.
6822 CPS Youth and Juvenile Justice
CPS September 2026
When a youth in DFPS conservatorship becomes involved with the juvenile justice system, DFPS does not relinquish conservatorship. DFPS and SSCCs must continue to provide case management services to the youth. The DFPS or SSCC caseworker must provide notice to all parties as described in 6173 Notification Requirements and Schedule.
The youth’s DFPS or SSCC caseworker works cooperatively with law enforcement, juvenile justice officials, and the youth’s caregiver to plan appropriately for the youth. A youth placed in DFPS conservatorship and who is also involved with the juvenile justice system needs coordinated and cooperative services from both systems. Staff should contact the DFPS regional juvenile justice liaisons for assistance as needed.
For more information about juvenile justice and contacts, see the Juvenile Justice section of the CPS intranet.
Representation
When a youth in DFPS conservatorship under the age of 17 has been charged with a misdemeanor or felony offense as a juvenile, the DFPS or SSCC caseworker must contact all of the following:
- The assistant district attorney or attorney that represents DFPS or the SSCC in the DFPS case.
- The child’s attorney ad litem, guardian ad litem, and court appointed special advocate.
The DFPS or SSCC caseworker must never counsel the youth to accept an adjudication or any other type of plea, including a revocation of the youth’s probation. The criminal defense attorney counsels the youth as to whether to accept or decline any offer made by the juvenile prosecutor’s office. If the court has not appointed a criminal defense attorney for the youth, the DFPS or SSCC caseworker must ensure that an Application Requesting Appointment of Counsel or a petition for a determination of indigence is filed with the juvenile court. If the youth receives a Class C misdemeanor and already has a criminal defense attorney for other charges, the DFPS or SSCC caseworker must immediately notify the defense attorney about the Class C misdemeanor. If the criminal attorney will not handle the youth’s Class C misdemeanor, the DFPS or SSCC caseworker must consult with the regional attorney and the youth’s attorney ad litem and guardian ad litem.
6822.1 Detention Before an Adjudication (Court Decision) Hearing
CPS September 2026
A youth in DFPS conservatorship can be held briefly in a local or county juvenile detention center before a hearing at which a court will decide the youth’s case. The DFPS or SSCC caseworker works with the juvenile detention staff to do one of the following:
- Pick up the youth and bring him or her to a new or current DFPS or SSCC living arrangement.
- Prepare for the 10-day detention hearing while waiting for the next hearing, at which the court will decide the youth’s case.
If the youth is held overnight in a juvenile detention facility, the DFPS or SSCC caseworker notifies the DFPS regional juvenile detention center placement (JDCP) coordinator. See the list of regional JDCP coordinators.
The regional JDCP coordinator then notifies eligibility staff in DFPS State Office by email.
When authorities release the youth or move him or her out of the juvenile detention facility, the DFPS or SSCC caseworker notifies the DFPS regional JDCP coordinator. This allows the regional JDCP coordinator to end his or her recordkeeping for the case.
See the Juvenile Justice Resource Guide.
6822.11 Documenting Living Arrangement in IMPACT
CPS September 2026
If the Youth Will Return to the Previous Living Arrangement
The DFPS or SSCC caseworker does not enter in IMPACT that a youth is in a detention center if both of the following apply:
- The youth will return to the same foster home after leaving the detention center.
- DFPS or the SSCC has agreed to continue making payments during the youth’s absence to hold the bed (that is, to make sure the youth’s space will still be available when the youth returns).
If the Youth Will Not Return to the Previous Living Arrangement
The DFPS or SSCC caseworker ends the previous Placement code in IMPACT and records that the youth is in a detention center if both of the following apply:
- The youth will not return to the same foster home.
- DFPS or the SSCC is not making payments during the youth’s absence to hold the bed.
For information on how to document this situation, see the Juvenile Justice Resource Guide.
6822.12 Legal Status and Legal Action in IMPACT
CPS September 2026
For pre-adjudication situations, there is no new entry for IMPACT’s Legal Status.
Under Legal Action, the only entry staff make is to record the 10-day detention hearings under Legal Actions Special Orders: Other and explain in Comments.
6822.13 Providing Medical Care
CPS September 2026
Local and county juvenile probation departments that run juvenile detention centers have asked parents to pay for a youth’s medical expenses while the youth is in detention waiting for trial.
For a youth in DFPS conservatorship, Medicaid ends when he or she is held overnight or longer in such a facility.
6822.2 Adjudication Hearing
CPS September 2026
The DFPS or SSCC caseworker works with the juvenile detention staff to prepare for and attend the adjudication hearing.
6822.3 When a Youth Is in Juvenile Probation Department (JPD) Custody or on JPD Probation
CPS September 2026
If a court decides a case regarding a youth in DFPS conservatorship and places the youth in the custody of a JPD or on probation, the DFPS or SSCC caseworker does as follows:
- Continues to perform case management responsibilities, as outlined in 6400 Services to Children in Substitute Care.
- Consults the DFPS regional juvenile justice liaison as needed.
See the Juvenile Justice Resource Guide or the Juvenile Justice section of the CPS intranet.
Documenting in IMPACT
If a court makes a decision about a youth at a juvenile hearing, the DFPS or SSCC caseworker records the hearing information and outcome in IMPACT under Legal Action.
If the JPD remains responsible for the youth, the DFPS or SSCC caseworker records this situation in IMPACT as discussed in the Juvenile Justice Resource Guide.
If authorities place the youth on probation but release him or her back to DFPS or the SSCC, the DFPS or SSCC caseworker does as follows:
- Notifies the regional juvenile justice liaison for tracking purposes.
- Makes sure that the DFPS or SSCC living arrangement shows in IMPACT
6822.31 Medical Care for a Youth in JPD Custody or on JPD Probation
CPS September 2026
Federal law prohibits the use of Medicaid funds when a youth is in a locked facility.
JPD Custody
If a court assigns a youth in DFPS conservatorship to the custody of a local or county juvenile probation department (JPD), the county is responsible for providing the youth’s medical and dental care. However, some counties only provide annual exams and emergency care.
The DFPS or SSCC caseworker works with the assigned worker from the juvenile facility to make sure that the youth receives the medical care that he or she needs. If specific problems develop related to medical care, the DFPS or SSCC caseworker also consults with the regional CPS juvenile justice liaison and well-being specialist.
JPD Probation
When authorities place a youth on probation and DFPS or the SSCC regains responsibility for finding a suitable living arrangement for the youth, the youth is again eligible for Medicaid based on his or her foster care status.
6822.32 Serving as Medical Consenter
CPS September 2026
When a youth in DFPS conservatorship is placed in the custody of a local or county juvenile probation department (JPD), the youth’s DFPS or SSCC caseworker must continue to follow the DFPS medical consent policy. See 11100 Medical Consent.
6822.4 Coordinated Service Planning
6822.41 Contact Information
CPS September 2026
In the local or county juvenile probation department (JPD) system, a different case manager is assigned when a youth is moved from one JPD facility to another or is placed on probation. The youth’s DFPS or SSCC caseworker must maintain up-to-date contact information on the assigned JPD case manager or probation officer and likewise provide the JPD case manager or probation officer with up-to-date contact information for the DFPS or SSCC caseworker and supervisor
6822.42 CPS and JPD Casework
CPS September 2026
DFPS or SSCC staff works with JPD staff to coordinate planning and the provision of services. This includes attending and participating together in meetings and conference calls concerning the youth and may include joint visits with the youth and with the youth’s family, as appropriate.
The DFPS or SSCC caseworker consults with the DFPS regional juvenile justice liaison as needed on these issues.
6822.43 Juvenile Record Requests with JPDs
CPS September 2026
The DFPS or SSCC caseworker can request information from a Texas juvenile probation department (JPD) about a youth in DFPS conservatorship who is or has been in the custody or control of the JPD.
Similarly, the JPD can request information from DFPS or the SSCC regarding an open or closed case situation.
See Record Sharing Procedures in the Juvenile Justice Resource Guide.
6822.5 Court Hearings
6822.51 Permanency Hearings
CPS September 2026
A youth in juvenile probation custody or on probation must attend review hearings held to discuss permanency and placement issues, unless the youth is specifically excused by the court.
The youth may attend the hearings in person, or if allowed by the court, by telephone or videoconference.
6822.6 Addressing Other Issues Related to Juvenile Probation
CPS September 2026
When a youth in DFPS conservatorship is in a juvenile probation department (JPD) placement, the youth remains eligible for DFPS or SSCC case management services such as service and transition planning, Circles of Support, Preparation for Adult Living, and so on. How these are provided depends on the setting.
For additional information on available services, see the Juvenile Justice Resource Guide.
Extended Foster Care, Extended Court Oversight, and Return to Care
A youth in DFPS conservatorship who turns 18 years old in JPD custody or while on probation is eligible to do any of the following:
- Request Extended Foster Care (before aging-out of care).
- Have a trial independence period from DFPS care with extended DFPS court oversight.
- Return for Extended Foster Care (after aging-out of care).
See 10000 Services to Older Youth in Care or Young Adults No Longer in Care .
6823 When a Youth Is in TJJD Custody in a Secure Facility or on TJJD Parole
CPS September 2026
When authorities place a youth who is in DFPS conservatorship into Texas Juvenile Justice Department (TJJD) custody or on TJJD parole, the DFPS or SSCC caseworker does as follows:
- Continues to perform case management responsibilities, as outlined in 6400 Services to Children in Substitute Care.
- Consults the DFPS regional juvenile justice liaison as needed.
Documenting in IMPACT
When a court decides a case regarding a youth and gives TJJD responsibility for the youth, the DFPS or SSCC caseworker records the hearing, the outcome, and TJJD involvement under Legal Action in IMPACT. The DFPS or SSCC caseworker updates IMPACT to show the TJJD living arrangement. See the Juvenile Justice Resource Guide.
6823.1 General Procedures When Youth Are Committed to the TJJD Secure Facility Program
CPS September 2026
When a court commits a youth in DFPS conservatorship to the custody of the Texas Juvenile Justice Department (TJJD) for violating a Texas law punishable by a prison or jail sentence, the following occurs:
- The DFPS or SSCC caseworker must contact the DFPS regional juvenile justice liaison to discuss appropriate procedures.
- The DFPS case remains open. The court may not dismiss the case if in permanent status, unless one of the following occurs:
- The youth turns 18, doesn’t sign Form 2540 Voluntary Extended Foster Care Agreement, and the trial independence period has ended.
- The youth is adopted.
- Someone is granted permanent managing conservatorship of the youth.
- DFPS retains conservatorship and all of the standard responsibilities of conservatorship, including:
- Holding monthly face-to-face visits and making other contact with the youth.
- Ensuring that the youth receives appropriate services.
- Developing a transition plan for the youth.
6823.2 Medical Care for a Youth in TJJD Custody or on TJJD Parole
CPS September 2026
TJJD Custody
If authorities place a youth who is in DFPS conservatorship into Texas Juvenile Justice Department (TJJD) custody, TJJD is responsible for arranging for the youth to receive medical and dental care. The DFPS or SSCC caseworker works with the assigned TJJD case manager to make sure that the youth receives the medical care that he or she needs. If the youth has medical needs that TJJD refuses to cover, the DFPS or SSCC caseworker refers to the Juvenile Justice Resource Guide.
TJJD Parole
When authorities place a youth on TJJD parole and DFPS has maintained conservatorship throughout the period of parole, the following happens:
- DFPS or the SSCC is responsible for finding a suitable living arrangement for the youth again.
- The youth is again eligible for Medicaid based on his or her foster care status.
As the DFPS or SSCC caseworker learns of specific issues related to medical payments, he or she also consults with the DFPS regional juvenile justice liaison and well-being specialist.
Medical Consenter
When authorities place a youth who is in DFPS conservatorship into TJJD custody, the youth’s DFPS or SSCC caseworker continues to follow the DFPS medical consent policy. See 11100 Medical Consent.
In cases where the court has designated DFPS or the SSCC as the medical consenter, the following happens:
- DFPS or the SSCC keeps the designation of medical consenter.
- The designation of medical consenter does not transfer to TJJD.
- A DFPS or SSCC caseworker remains available to participate in medical activities when necessary. When the DFPS or SSCC caseworker is the medical consenter and DFPS or the SSCC assigns a new caseworker, the new caseworker completes a new Form 2085B Designation of Medical Consenters.
6823.3 Coordinated Service Planning
6823.31 Contact Information
CPS September 2026
In the local or county Texas Juvenile Justice Department (TJJD) system, a different case manager is assigned when a youth is moved from one TJJD facility to another or is placed on probation. The youth’s DFPS or SSCC caseworker must maintain up-to-date contact information on the assigned TJJD case manager or probation officer and likewise provide the TJJD case manager or probation officer with up-to-date contact information for the DFPS or SSCC caseworker and supervisor
6823.32 DFPS and TJJD Casework
CPS September 2026
During the time a youth is moved from one Texas Juvenile Justice Department (TJJD) facility to another or is placed on probation, TJJD staff and DFPS or SSCC staff both have casework responsibilities regarding the youth. DFPS or SSCC staff makes efforts with TJJD staff to coordinate planning and the provision of services. This includes attending and participating in meetings and conference calls concerning the youth and may include joint visits with the youth and with the youth’s family, as appropriate.
The DFPS and SSCC caseworker consults with the DFPS regional juvenile justice liaison as needed on these issues.
For specific procedures that have been developed with TJJD, see the Juvenile Justice section of the CPS intranet.
6823.33 Juvenile Record Requests with TJJD
CPS September 2026
The DFPS or SSCC caseworker can request information from the Texas Juvenile Justice Department (TJJD) about a CPS youth who is or has been in the custody or control of TJJD.
Similarly, TJJD can request information from DFPS and the SSCC regarding an open or closed case situation. Requests regarding open cases are referred to the assigned caseworker.
See Record Sharing Procedures in the Juvenile Justice Resource Guide.
6823.4 Permanency Hearings
CPS September 2026
Thirty days before a youth’s permanency hearing before final order or permanency hearing after final order, the DFPS or SSCC caseworker must send Form 2904 TJJD Court Review Hearing Notification to the following:
- The Texas Juvenile Justice Department (TJJD) caseworker.
- One of the following TJJD administrators:
- The superintendent in the case of a TJJD institution or halfway house.
- A quality assurance (QA) administrator in the case of a TJJD contracted placement.
- A parole supervisor or administrator in the case of TJJD parole.
- The TJJD state office liaison.
- The DFPS regional juvenile justice liaison.
The DFPS or SSCC caseworker must confirm by email or phone that the TJJD caseworker has received the notice. If the DFPS or SSCC caseworker is unable to confirm receipt with the TJJD caseworker, the DFPS or SSCC caseworker must confirm with the TJJD superintendent, QA administrator, or TJJD parole supervisor. TJJD should send the DFPS or SSCC caseworker information to use in preparing the Permanency Court Report. See the Juvenile Justice Resource Guide.
Upon receipt of the TJJD report and other information obtained, the youth’s DFPS or SSCC caseworker must complete the Permanency Court Report and send a copy to the required parties and the court no later than the 10th day before the date of the permanency hearing.
6823.41 Attendance at Permanency Hearings
CPS September 2026
A youth in Texas Juvenile Justice Department (TJJD) custody in a secure facility or on TJJD parole must attend review hearings held to discuss permanency and placement issues, unless the youth is specifically excused.
The youth may attend the hearings in person, or if allowed by the court, by telephone or videoconference.
6823.5 Addressing Other TJJD-Related Issues
CPS September 2026
When a youth in DFPS conservatorship is in a Texas Juvenile Justice Department (TJJD) placement, the youth remains eligible for DFPS or SSCC services such as service and transition planning, Circles of Support, Preparation for Adult Living, and so on. If there are other problems or issues related to a youth’s placement in TJJD custody or on TJJD parole, the youth’s DFPS or SSCC caseworker contacts the DFPS regional juvenile justice liaison for assistance.
For additional information on available services, see the Juvenile Justice Resource Guide.
Extended Foster Care, Extended Court Oversight, and Return to Care
A youth in DFPS conservatorship who turns 18 years old in Texas Juvenile Justice Department (TJJD) custody or while on TJJD parole is eligible to do any of the following:
- Request Extended Foster Care (before aging-out of care).
- Have a trial independence period from DFPS conservatorship with extended DFPS court oversight.
- Return for Extended Foster Care (after aging-out of care).
See 10000 Services to Older Youth in Care or Young Adults No Longer in Care.
6824 Sealing Juvenile Records for Minor Offenses
CPS September 2026
It is important for juvenile records to be sealed whenever possible. Having a juvenile record, even a minor one, can limit a young adult’s employment opportunities and housing choices.
Automatic Sealing
Juvenile courts can seal juvenile records for a minor offense if the young adult meets certain criteria. For a full list of criteria, see Sealing Juvenile Records for Minor Offenses in the Juvenile Justice Resource Guide.
Application for Sealing Records
When the youth’s records cannot be automatically sealed, the youth can make a request to the juvenile court that the records be sealed. For this to occur, an application must be filed with the juvenile court. The court may or may not hold a hearing before issuing a ruling.
The youth must meet certain criteria to file an application. For a full list of criteria, see Application for Sealing of Records in the Juvenile Justice Resource Guide.
Caseworker Actions if the Record May Be Sealed Automatically
If a youth in DFPS conservatorship has a juvenile record, the record may be eligible to be automatically sealed when he or she turns 18 or 19. The DFPS or SSCC caseworker contacts the assigned juvenile probation department if the DFPS or SSCC caseworker does not receive notice from the court prior to the youth turning 18.
If the juvenile probation department does not confirm that the court sealed the record, the DFPS or SSCC caseworker contacts the regional attorney for assistance and works with the regional attorney until the court seals the record.
While the young adult remains in DFPS conservatorship, the DFPS or SSCC caseworker helps the young adult monitor his or her case. The automatic sealing process differs for delinquent conduct and conduct indicating a need for supervision, but in each type of case the juvenile probation department is responsible for notifying the court that the case is eligible for sealing. Therefore, the DFPS or SSCC caseworker’s first inquiry is with the juvenile probation department.
Caseworker Actions for Applications to Seal Juvenile Records
When automatic sealing is not available, the DFPS or SSCC caseworker consults with the regional attorney to determine if the youth may be eligible to have his or her record sealed. When appropriate, the DFPS or SSCC caseworker works with the regional attorney, the youth, the youth’s attorney ad litem, and any other attorney who is assisting the youth with a sealing application to file an application to seal the juvenile record.
6825 Sealed Juvenile Records
CPS September 2026
DFPS or the SSCC receives juvenile or criminal history information from DPS through background checks and uses this information for assessments. However, once DFPS or the SSCC is notified that juvenile justice information has been sealed, DFPS or the SSCC cannot share or release the information, or use the information as the basis for denying a young adult approval for placement in Extended Foster Care.
Instagram