TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
COMMISSIONER
John J. Specia, Jr.
Date:
October 11, 2013
To:
Residential Contractors
From:
Audrey Deckinga
Assistant Commissioner for Child Protective Services
Subject:
Update to Residential Child-Care Contractors on Legislative Changes
The purpose of this memorandum is to provide Residential Child-Care Contractors with an update
regarding information required by recent legislative changes during the 83rd Legislative Regular
Session that will either directly or indirectly impact your work and the lives of caregivers, children,
youth and young adults engaged with the Department of Family and Protective Services (DFPS).
Below is a summary of selected legislative changes, an explanation of why it is important for you
to be aware of these changes and information about actions that may be required by your agency to
implement the requirements of the law. Each bill, now enacted into law, is followed by contact
information for any questions you may have.
Some laws will result in an amendment to the FY14 Residential Child-Care Contract in order to
require the use of forms, specific trainings and processes that are needed to implement the
legislation across the system.
HOUSE BILL 915 – MEDICAL CONSENT AND PSYCHOTROPIC
MEDICATIONS
Informed Consent and Medical Consenter Training
This legislation identifies consent to the prescription of a psychotropic medication for a child
in foster care as valid only if:
• the consent is given voluntarily and without undue influence;
• the person authorized by law to consent for the foster child receives verbally or in
writing information that describes:
o the specific condition to be treated;
o the beneficial effects on that condition expected from the medication;
o the probable health and mental health consequences of not consenting to the
medication;
701 W. 51ST STREET  P. O. BOX 149030  AUSTIN, TEXAS 78714-9030  (512) 438-4800
An Equal Opportunity Employer and Provider
Legislative Updates Pertaining to Residential Child-Care Contractors
October 11, 2013
Page 2
o the probable clinically significant side effects and risks associated with the
medication;
o the generally accepted alternative medications and non-pharmacological
interventions to the medication, if any; and
o the reasons for the proposed course of treatment.
The legislation requires changes to Medical Consent training for individuals authorized to
consent to medical care for children in DFPS conservatorship on the Department’s behalf.
Contract requirements related to Medical Consent training can be found in FY14 Residential
Child-Care Contract Section 29. F).Medical Consent. Medical Consent training must now
include information about informed consent for psychotropic medications, psychosocial
therapies, behavior strategies, and other non-pharmacological interventions that should be
considered before or concurrently with the administration of psychotropic medications.
Each medical consenter must acknowledge in writing that they:
• have received the training, as described above;
• understand the principles of informed consent for psychotropic medication; and
• understand that non-pharmacological interventions should be considered and
discussed with the prescribing physician, physician assistant, or advanced practice
nurse in the STAR Health Network before consenting to the use of a psychotropic
medication.
What does this mean to you?
Foster Parents and employees who serve as medical consenters will be required to take the
DFPS Medical Consent Training as a part of pre-service training, and annually thereafter. They
must complete the Certificate of Completion of Medical Consent Training Form, and provide a
copy to the CPS caseworker.
If a child is prescribed psychotropic medications, ensure that the Foster Parent or employees
who serve as the medical consenter take the DFPS Psychotropic Medication Training as a part
of pre-service training, and annually thereafter, and consider / discuss non-pharmacological
interventions with the prescribing provider before consenting to the medication. Contractors
must also follow the related requirements in FY14 Residential Child-Care Contract Section 12.
C) and 29. F) for medical consenters.
DFPS will be publishing policy, forms and the updated medical consent training regarding
informed consent in the coming months and will notify Contractors of their obligations through
an amendment to the Contract.
Medical Consenters, including DFPS staff, will be expected to attend all appointments with a
child where psychotropic medications are prescribed or reviewed. I See You workers and on
rare occasion a specially trained Human Services Technician will attend all psychotropic
medication appointments for children who are placed in residential treatment centers outside
their regions. Only as a last resort would an Human Services Technician staff person attend the
appointment and provide medical consent for psychotropic medication for a child in a
residential treatment center.
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CPS has established a CPS Medical Consenter question mailbox at the following email
address: medical.consenter@dfps.state.tx.us where contractors can email questions about the
informed consent process. This mailbox will be monitored daily Monday through Friday. For
urgent situations related to informed medical consent contact the child's caseworker or
supervisor.
Medication Monitoring Visit Required Every 90 Days
As referenced in FY14 Residential Child-Care Contract Section 12. C) iii, this legislation
requires the medical consenter for a child in foster care to ensure that a child prescribed a
psychotropic drug has an office visit with the prescribing physician, physician assistant, or
advanced practice nurse at least once every 90 days to allow the practitioner to:
•
appropriately monitor the side effects of the drug; and
•
determine whether the drug is helping the child achieve the treatment goals and
whether continued use of the drug is appropriate.
What does this mean to you?
Ensure that all Foster Parents and employees who serve as medical consenters for a child in
DFPS custody who is prescribed a psychotropic medication, facilitate and participate in an
office visit with the prescribing professional (defined above from the law) at least once every
90 days, and attend all appointments with a child where psychotropic medications are
discussed, prescribed or reviewed.
Notification to DFPS of a New Psychotropic Medication
New legislation now requires DFPS to notify a child’s parents if the child is prescribed a new
psychotropic medication while in foster care or if the dosage of a psychotropic medication is
changed. The medical consenter, in accordance with updated Form 2085-B Designation of
Medical Consenter (when it becomes available), must notify the CPS caseworker any time a
new psychotropic medication is prescribed or a dosage is changed.
What does this mean to you?
If you are a designated medical consenter for a child in DFPS custody, you must notify the
CPS caseworker in writing (by email or fax) by the next business day any time a new
psychotropic medication is prescribed or a dosage change is made. Medical consenters will
also be required to submit to the caseworker, Form 4526, Psychotropic Medication Treatment
Consent (when it becomes available) to document informed consent for a new psychotropic
medication prescribed.
Transition Planning
Finally, for a youth taking a prescription medication of any kind, DFPS must ensure the
youth’s transition plan includes provisions to assist the youth in managing the use of the
medication and in managing the child’s long-term physical and mental health needs after
leaving foster care. To assist with the implementation of this legislative requirement, Form
2500 (as referenced in Contract Section 29. G) has been revised, can be found at
Legislative Updates Pertaining to Residential Child-Care Contractors
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http://www.dfps.state.tx.us/Application/Forms/showFile.aspx?Name=K-908-2500.docx and
should be utilized with youth to conduct transition planning.
What does this mean to you?
You must work with CPS with regard to the youth’s transition planning process, to ensure
youth are informed about the use of the medication, the resources available to assist the youth,
and the right of the youth to ask the court to be authorized as his or her own medical consenter
at age 16 or older.
To ensure that youth and young adults are aware of their right to be their own medical
consenter, as per FY14 Residential Child-Care Contract Section 12 C) iv., contractors must
advise them of such right.
If you have any questions please contact Pam Baker, CPS Medical Services at (817-543-3979)
or pamela.baker@dfps.state.tx.us.
SENATE BILL 534 -- PLACEMENT STABILITY
The legislation now requires providers to give a discharge notice that includes the reason for
the child's discharge and a recommendation for future placement that will promote stability.
FY14 Residential Child-Care Contract Section 28 specifies the use of Form 2109 to provide
discharge notice, the timeframes required, documentation of the reason for discharge and the
provider’s recommendation for a subsequent placement. The information must be provided as
soon possible upon determining that it is no longer in the Child's best interest to remain at the
Contractor's Facility, that the Contractor cannot meet the needs of the Child and under the
conditions described for an emergency and non-emergency discharge.
In addition, the legislation added several requirements around Permanency Planning Meetings,
the term DFPS utilizes to describe the various service planning meetings it uses for children in
its conservatorship. Currently, the Family Code requires that a Permanency Planning Meeting
occur when the child has been in DFPS custody for 45 days, and again at five months. The new
law preserves DFPS’ existing authority to conduct an additional staffing between the fivemonth meeting and the rendition of the final order if DFPS deems it important to the child's
permanency. For the five-month Permanency Planning Meeting, DFPS is required to identify
any barriers to achieving a timely permanent placement for the child, develop strategies, and
determine actions that will increase the probability of achieving a timely permanent placement
for the child at the five-month Permanency Planning Meetings. In addition, for certain
Permanency Planning Meetings DFPS is now required to provide notice to any Child Placing
Agency involved with the child, in addition to the child’s substitute caregiver.
What does this mean to you?
Effective September 1, 2013, you were to begin using Discharge Notice Form 2109
http://www.dfps.state.tx.us/PCS/Residential_Contracts/contract_forms.asp and include the
added criteria when submitting a discharge notice. FY14 Residential Child-Care Contract
Sections 28 and 48 clarify that you should provide an explanation of why you are requesting a
Legislative Updates Pertaining to Residential Child-Care Contractors
October 11, 2013
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discharge, efforts made to prevent placement disruption, and recommendations for the child’s
future placement, which may include information regarding the child’s triggers, type of
placement required, level of supervision, or special services. A discharge mailbox has been
created for contractors to submit discharge notices directly to CPS Placement staff, in addition
to the case worker and/or case worker’s chain of command. Please submit Discharge Notice
Form 2109 to dischargemailbox@dfps.state.tx.us.
If you have any questions regarding the Discharge Notice Form 2109, please contact Cristina
Guerrero, Placement Program Specialist at (512) 438-2405 or
Cristina.Guerrero@dfps.state.tx.us.
If you have any technical issues with the Discharge Mailbox, please contact Jessica Loera,
Placement and Foster and Adoptive Home Development Program Specialist at (512) 438-5918
or Jessica.Loera@dfps.state.tx.us.
DFPS, by policy, will require notification to Child Placing Agencies for any Permanency
Planning Meeting. Accordingly, you will begin to see an increase in the number of
notifications you receive. You are encouraged to attend, if possible and acceptable to the
family or youth. If you cannot attend, you are encouraged to provide information regarding the
child’s needs and current services, along with any other information you think is pertinent to
the child’s safety, permanency, or well-being.
If you have any questions regarding Permanency Planning Meetings, please contact Carol
Self, CVS Program Specialist at (512) 438-3589 or Carol.Self@dfps.state.tx.us.
HOUSE BILL 843-- REQUIRED NOTICE OF A COURT HEARING TO A
CHILD IN CARE
For permanency and placement hearings held on or after September 1, 2013, the child is now
entitled to receive their own notice if:
• The child is 10 years old or older; or
• The court determines it is appropriate for the child to receive notice.
What does this mean to you?
Children in your care who are ages 10 and older will receive their own notice of court
hearings. Please ensure that the child receives the letter or fax and the child has the opportunity
to attend the court hearings. Contractors should, in accordance with FY14 Residential ChildCare Contract Section 17 B) (which states, in part), “provide or arrange all travel to ensure the
Child’s access to: …court hearings…” Caregivers should have discussions with all children
regardless of age around upcoming court hearings and their opportunity to participate in those
hearings. Contractors and caregivers should regularly check their mail for notices to the child,
coordinate with the caseworker to ensure that they are aware of the court dates, and facilitate
the child's attendance.
If you have any questions, please contact Carol Self, CVS Program Specialist at (512)
438-3589 or Carol.Self@dfps.state.tx.us.
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HOUSE BILL 2111 AND SB 1589 -- REQUIRED COMPONENTS OF
EXPERIENTIAL LIFE-SKILLS TRAINING
HB 2111 made explicit that certain topics must be included in experiential life-skills training:
grocery shopping, meal preparation and cooking, performing basic household tasks, balancing
a checkbook, and when appropriate, using public transportation. HB 1589 also required that
financial literacy education program and assistance with savings plans and accounts be offered
to youth. Finally, transitional living services contractors must provide or assist youth in
obtaining a savings or checking account if the youth is at least 18 years of age and has a source
of income.
In addition, Preparation for Adult Living contractors and contractors who provide transitional
living services are also required to assist a youth or young adult in receiving services to
develop skills in food preparation, nutrition education that promotes healthy food choices,
financial literacy and opening a bank account.
What does this mean to you?
Residential child-care contractors are already required to provide experiential life skills
training to youth and young adults (ages 14 up to 21). However, contractors must evaluate their
training currently provided and ensure that it is updated to coincide with the requirements of
the legislation.
FY14 Residential Child-Care Contract Sections 9, B) - E) and the definition for experiential
life skills activities and financial literacy education program reflect the requirements of these
new laws. Contractors must ensure that the experiential life-skills training for youth ages 14 or
older includes grocery shopping, meal preparation and cooking, performing basic household
tasks, balancing a checkbook, using public transportation, and a financial literacy education
program which offers instruction on:
 Obtaining and interpreting a credit score
 Protecting, repairing, and improving a credit score
 Avoiding predatory lending practices
 Saving money and accomplishing financial goals through prudent financial management
practices
 Using basic banking and account skills, including balancing a checkbook
 Using debit and credit cards responsibly
 Understanding a paycheck and items withheld from a paycheck, and
 Protecting financial, credit, and identifying information in personal and professional
relationships.
Additionally, you are required to assist a youth who has a source of income in establishing a
savings plan and, if available, a savings account that the youth can independently manage.
If you have any questions, please contact Shannon Ramsey, Transitional Services Lead, at
(512) 438-2350 or Shannon.ramsey@dfps.state.tx.us.
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SENATE BILL 717 -- SELF-ADMISSION BY CERTAIN MINORS
This legislation allows certain children to consent to housing or care for themselves and the
child's offspring through a transitional living program at an operation regulated by DFPS. To
consent to such housing or care, the child must be 16 years old and either:
 Reside independently and be financially independent; or
 Be unmarried and be pregnant or be a parent.
What does this mean to you?
In accordance with Contract Section 45. B) xix. Contractors must notify CPS staff within 24
hours of the consent for placement by a minor in the Residential Child-Care Contractors
Transitional Living Program.
If you have any questions, please contact the caseworker or Preparation for Adult Living staff
for the youth.
SENATE BILL 430 AND BUDGET RIDER 28 -- NEW DAY CARE FORM
REQUIREMENT
Among other changes, Senate Bill 430 requires DFPS to verify that foster parents seeking day
care assistance have attempted to find day care services through community services, such as
community day care, Head Start or pre-Kindergarten. This requirement may be waived if
DFPS determines the verification would prevent an emergency placement in the child’s best
interest. Such a placement will be one that cannot be sustained or is unlikely to be sustained
without the provision of day care services prior to the foster parent’s verification regarding
community resources. If such a waiver is approved, the foster parent will be required to verify
the unavailability of community resources at the time of the first day care renewal. In most
instances, an applicant for day care services will utilize the waiting period prior to the
authorization of day care services to seek community resources. DFPS is also required to
collect household size and income from foster parents requesting day care services and to
study the feasibility of additional cost containment strategies for day care services.
What does this mean to you?
Form K-908-1809 will be provided to each foster parent by the caseworker whenever they
apply for day care services or request a renewal for day care services. The form requires the
foster parent to acknowledge the community day care resources from which the foster parent
unsuccessfully sought assistance and to report household size and income. This form must be
completed, signed, and delivered to the foster parent’s caseworker at the time of request for or
renewal of day care services. DFPS will propose rules to implement the law at its October
Council Meeting.
If you have any questions, please contact Mike Mullins, Program Specialist at (512) 438-3072
or Michael.Mullins@dfps.state.tx.us.
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SENATE BILL 352 – VISITATION BETWEEN A PARENT AND CHILD
Senate Bill 352 requires CPS to facilitate visitation between a parent and a child who has been
removed within three days of the removal, unless it is not in the child’s best interest or
prohibited by court order. The new law also directs a temporary visitation schedule and
visitation plan to be developed and either presented to or filed in the court.
What does this mean to you?
In many areas of the state, CPS already works closely with contractors to facilitate a visit
between a parent and child within three days of removal. However, the three day visit may not
be a standard practice in your area. Now that the three day visit is required, you may be
contacted by CPS earlier in the case to help facilitate the initial visit. CPS will be making its
best efforts to facilitate and work with you to assist in these critical early visits that can help
the child maintain greater stability and remain bonded to his or her parents in a time that is
tumultuous for the child, as well as the child’s family.
Contractors should, in accordance with FY14 Residential Child-Care Contract Section 17 B)
(which states, in part), “provide or arrange all travel to ensure the Child’s access to: …family
visits…” in coordination with CPS to comply with the required visitation schedule and plan.
Contractors play a critical role in helping to ensure a child’s availability for and participation
in visitation. As CPS develops best practices and guidance with implications to contractors,
updates and information that are pertinent will be shared with you.
HOUSE BILL 2619 -- EDUCATION DECISION-MAKING FOR CHILDREN IN
CONSERVATORSHIP
This law expands education-related responsibilities for DFPS staff, guardians ad litem,
attorneys ad litem, and school staff. It also requires DFPS to identify the person who will be
delegated responsibility for making education decisions for a child in conservatorship, file that
information with the court, and provide a copy to the child’s school and court-appointed
special advocates. The law also outlines requirements for the appointment of a surrogate
parent for children in conservatorship who receive special education services, adds new duties
to the guardian and attorneys ad litem reporting to the court on whether the youth’s educational
needs are being addressed, and requires each child to have an education stability plan. The
legislation also outlines what notices and information schools or Texas Education Agency
should send to educational decision-makers and caseworkers and adds mental health
appointments, family visitations, and appointments with health care professionals to the list of
excused absences.
What does this mean to you?
For any child entering DFPS conservatorship on or after September 1, 2013, DFPS must
identify an education decision-maker by utilizing Form 2085-E “Designation of Education
Decision-Maker”, provide the decision-maker and the school with a copy of the Form, and file
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that information with the court and other required parties. The education decision-maker may
be a foster parent, caregiver, CASA, or other individual named by DFPS. Federal law and
rules continue to prohibit special education decisions from being made by school or facility
staff.
An amendment to the residential contract will be necessary to implement some of the
requirements of the legislation. Until this time, DFPS is requesting contractors to assist with
implementation of the new law by ensuring that caregivers know the education decision-maker
for a child in their care, and by ensuring Form 2085-E is provided to the school by any
caregiver who is named as the education decision-maker. If there are any questions about the
identity or duties of the education decision-maker, please contact the caseworker.
Caregivers should also assist children who are absent from school due to a health or mental
health care appointment or court-ordered family visitation to submit documentation to the
school in order to have the absence classified as excused, provide education decision-makers
with access to the Education Portfolio; and facilitate the transfer of school records within ten
days of a child changing schools.
If you have any questions, please contact Kristine Mohajer, Education Program Specialist at
(512) 438-3148 or Kristine.mohajer@dfps.state.tx.us.
SENATE BILL 1404 -- SUPPORT FOR STUDENTS
This law is intended to help students in DFPS conservatorship secure course credit for a high
school diploma. The new law requires that the Texas Education Agency develop procedures
for students in foster care to receive partial credit for work completed while enrolled at another
school, allow foster students who were previously enrolled in a course required for graduation
the opportunity to complete the course before the beginning of the next school year, and review
the credits and Personal Graduation Plans for students who are not likely to receive their
diploma before their fifth year of high school.
The law also requires the Texas Education Agency to ensure students in foster care in 11th or
12th grade receive information about tuition and fee exemptions for dual-credit or other college
courses, and to offer intensive instruction to any students who are unlikely to receive their
diploma before their fifth year of high school. Finally, the new law provides that if an 11th or
12th grade student in DFPS conservatorship transfers to a different school district and is
ineligible to graduate from the new district, the previous district must award the student a
diploma if the student meets the graduation requirements for that previous school.
This law also made changes to the list of excused absences, providing that students are allowed
excused absences to attend court-ordered activities, such as family/sibling visitations, if it is
not practical to schedule them at another time.
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What does this mean to you?
Contractors, caregivers and education decision-makers should work with caseworkers, a school
district’s designated foster care liaison and other school personnel to ensure any or all of these
options are explored for students in conservatorship.
If you have any questions, please contact Kristine Mohajer, Education Program Specialist at
(512) 438-3148 or Kristine.mohajer@dfps.state.tx.us.
SENATE BILL 63 -- MINOR’S AUTHORITY TO CONSENT TO RECEIVE
CERTAIN IMMUNIZATIONS
This law allows a pregnant or parenting minor to consent to his or her own immunizations if
the immunization is one that the Center for Disease Control and Prevention recommends be
initially administered before seven years of age. The minor does not have the right to refuse a
vaccine that is recommended by the healthcare provider and agreed to by the youth’s medical
consenter (unless the youth has been designated his or her own medical consenter), but allows
the youth to consent to receiving an immunization that fits the Center for Disease Control and
Prevention criteria.
What does this mean to you?
You should be aware that pregnant or parenting minors in your care may be able to consent to
certain immunizations on their own behalf.
If you have any questions, please contact a Regional Well-Being Specialist at:
http://www.dfps.state.tx.us/Child_Protection/Medical_Services/guide-star.asp
SENATE BILL 425 -- REQUIRED CONSULTATION REGARDING
SUBSEQUENT PLACEMENTS
This law requires DFPS caseworkers to consult with a child’s attorney ad litem, guardian ad
litem, and Court Appointed Special Advocates (CASA) prior to making a placement change,
unless it is an emergency placement change that does not allow time for the required
consultations.
What does this mean to you?
Contractors may receive additional communications/questions from CASA, attorneys,
guardians ad litem, and the CPS placement unit regarding possible placement options,
services offered, and mental health/behavioral health interventions.
If you have any questions, please contact Maryann Fisher, Permanency Program Specialist at
(512) 438-4981 or Maryann.Fisher@dfps.state.tx.us.
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HOUSE BILL 1205 -- ENHANCED CRIMINAL PENALTIES FOR
PROFESSIONALS WHO FAIL TO REPORT WITH THE INTENT OF
CONCEALING ABUSE OR NEGLECT
This legislation is related to the offense of failure to report abuse or neglect of a child. It
creates an enhanced criminal penalty for a "professional" reporter who fails to report abuse or
neglect with intent to conceal. The Texas Family Code defines "professional" as an individual
who is licensed or certified by the state or who is an employee of a facility licensed, certified,
or operated by the state and who, in the normal course of his/her official job duties has direct
contact with children. Current law prohibits "professionals" from delegating the responsibility
of reporting abuse/neglect to another person or relying on another person to make the report.
The penalty for a professional’s failure to report abuse or neglect of a child is currently a
Class A misdemeanor (other than in circumstances involving facilities other than DFPScontracted facilities). However, the new legislation elevates the penalty for the offense from a
Class A Misdemeanor to state jail felony if the professional’s intent in not making a report
was to conceal the abuse or neglect.
What does this mean to you?
If you suspect abuse or neglect of a child, then you are required by law to report to law
enforcement or CPS. Knowingly failing to report suspected abuse or neglect of a child
remains a Class A misdemeanor. Knowingly failing to report with the intent to conceal abuse
or neglect is now a state jail felony.
If you have any questions, please contact Gail Blackwell, Investigation Program Specialist at
(512) 438-3026 or Gail.Blackwell@dfps.state.tx.us.
LEGISLATION RELATED TO CHILD CARE LICENSING INLCUDING
SENATE BILLS 427 AND 428 – FBI FINGERPRINT REQUIREMENTS
DFPS Child Care Licensing provided information related to the legislation that applied to
Texas Child Care Providers at the following link:
http://www.dfps.state.tx.us/documents/Child_Care/Child_Care_Standards_and_Regulations/FI
NAL%20RC_%2083rd_Leg_Provider_Communication%2008.19.13.docx
Among the legislation referenced in this summary, Senate Bill 427 expanded the FBI
fingerprint based background check requirements in facilities regulated by DFPS’ Child Care
Licensing division and Senate Bill 428 permits a regulated provider to rely on a prior
background check conducted on a child’s parent or other relative in certain instances.
What does this mean to you?
Residential Child Care Licensing will be promulgating rules to implement these laws and will
provide additional clarification regarding their implementation. Senate Bill 428 may permit
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October 11, 2013
Page 12
increased mentoring opportunities for biological families, which may have some implications
for you in the future.
If you have any questions or need further guidance about laws passed impacting residential
operations, please feel free to contact your local licensing office.
If you have any questions regarding the information provided or requirements expected by these
new laws, please contact the individual noted in each section of this memo that relates to your
question or concern.
Thank you.