Texas Register, Volume 2, Number 98, Pages 4857-4958, December 20, 1977 Page: 4,938
4857-4958 p. ; 28 cm.View a full description of this periodical.
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4938
(2) everything has been done for the child to
protect him in his home, and
(3) a court order cannot be obtained before
removal without imn ediate danger to the child's health
or physical safety.
(ib) A child can be removed from his home
through emergency removal procedures only with prior
supervisory approval, or with prior program director
approval in the supervisor's absence. If the supervisor
or programmer director does not have a master's degree in
social work and two years experience in child-placing.
the removal must he reviewed within 30 days by a staff
member with these qualilations.
ic) When :ia n eno rgenrcv removal is necessary, the
child and family must be prepared for the removal and
placement just as thou)' it were a planned placement
within the limitations I the emergency situation.
(di Parents hi ' right to know of 1)FIR's deci-
sion to remove mi from their home, and the
reasons for the u , . .fore the child is removed.
(e'I'he child m at t , a medical exam within 30
days before tl,, pl. , n i : A foster care intake study
must be begun within fi e days after placement and
completed within 'li yv.. A plan for work with the
family after placenient must he developed.
i l The "I'ex - ,..;ilv ('ode stipulates that the
worker may remove :. I h !d without civil liability if that
worker has reasonal ';cause, when he removes the
child, to believe there 'was an immediate danger to the
child's physical safety or emotional well-being.
Reasonable cause m~st be supported by verified facts
documented in the case record.
m gi After emergency removal, the worker must
immediately file a petition in court and a hearing must
be held. Since the law does not say when the hearing
must be held. thi' worker should request the setting of a
hearing date when the petition is filed. The hearing
should be the next working day after removal or as soon
as possible after getting medical exarninations or
evaluations. fuller investigation of the facts, authen-
tication of the custodial rights, or other material inqi u-
iries recommended by the district or county attorney or
the court.
(h' If during the period of the emergency order
DHR feels further court action is necessary to protect
the child when the order expires, the worker should ask
the county or district attorney to file a petition in the
court of continuing jurisdiction or the court having
venue. In the petition, the following information should
be presented to the court:
(1) facts documenting the child's need for pro-
tection;
(2) immediate plans for the child;
(3) visitation and child support responsibilities
of the parents.DHR must not seek successive temporary orders with-
out a hearing following the emergency removal.
.041. Voluntary Protectwe Placement
(a) A voluntary protective placement is a DHR
placement of a child needing protection into a licensed
or certified acilitv based on written parental consent
and wit hout a court order. When parents request
removal of a child. 1)H R must help them make adequate
arrangements to protect the child by:
SlIll Helpi1n tet1 parent l t .'-elct 1t ()n,1, I)11R
substitute care, with the parents assuming major
resp)ons iltyv fior the child out of the home,. or
(2) I)lR assuming responsibility for voluntary
protective placement of the child based on completion
of a Temporary Voluntary lPlacement Agreement or of
an Affidavit of Relinquishment of Parental Rights.
However, affidavits of relinquishment will not be used
until a decision to terminate parental rights has been
reached.
(b) The department's first priority is to provide
care for children who are the responsibility of DIIR by
court order Therefore, voluntary protective placement
can be made only when all the following exist:
(1 ) The parents and worker have explored and
ruled out any other suitable relative, fainily friend, or
other agency placement or plan for the care of the child
'2) The child currently needs protection, or
would because of lack of adequate care and supervision
if DHR did not provide placement If actual or potential
abuse or neglect exists, a ('ANRIS report and inquiry
must be made
(3) There are sufficient spaces in licensed or
certified foster homes or institutions for children who
are the responsibility of DIIR by court order.
(4 The county agrees to pay for the cost of the
child's care when it is above what the parents con-
tribute or above the child's own income
(c) Before using county funds for the child being
voluntarily placed, the worker must explore all other
funding sources, such as child support. 1SI, ()ASI)l, VA
benefits, etc. Since there is no court order, the child is
not eligible for AFDI)(' foster care or Medicaid.
(d 1)Ii must not pressure parents to voluntarily
place a child in protectivee foster care. The parents'
decision to request or consent to a voluntary placement
must be documented in the child's and family's case
records.
.042. Screening Voluntary Protective Placement Re-
quests.
(a) If parents request DHR foster care for a child,
the worker must first explore with the parents any
service which would enable the child to remain in his
own home. If an adequate plan cannot be arranged for
the child to remain at home, the parents should be en-
couraged to assume major responsibility for the child bye
I' /ume 2 Nttbther 98 I ,,,,eher 2( 11'77
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Texas. Secretary of State. Texas Register, Volume 2, Number 98, Pages 4857-4958, December 20, 1977, periodical, December 20, 1977; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth253069/m1/82/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.