ICPC State Pages
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About the ICPC
The Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC) was established in 1974 and consists of members from all 50 states, the District of Columbia and the U.S. Virgin Islands. The AAICPC has authority under ICPC to "promulgate rules and regulations to carry out more effectively the terms and provisions of this compact." The AAICPC obtains its Secretariat Services, as an affiliate of the American Public Human Services Association (APHSA).
For more information, please visit the AAICPC website.
Contact the AAICPC
American Public Human Services Association
1133 Nineteenth Street, NW
Suite 400
Washington, DC 20036
(202) 682-0100
fax: (202) 289-6555
Web Manager: Carla Fults [cfults@aphsa.org]
Click on a state to see it's page:
Texas
-
Adoption
- Age of Majority
- Appeals
- Border Agreements
- Criminal Background Checks/Abuse and Neglect Registry
- Custody Matters
- NON ICPC - Consultants/Specialists
- Definitions
- Education - Public Education Costs
- Financial Plans, Medicaid, IV-E, Daycare, Payments
- Foster Care
- Home Studies (Adoption/Foster Care/Kinship/Parent/Relative)
- ICPC Processing
- Licensing/Certification/Approval
- Parental Placements
- Relative Placements
- Residential Treatment Centers/Facilities
- Supervision/Reports/Guidelines
- Termination of Parental Rights (TPR)
Compact Administrators
| Compact Administrator Ginny Judson
|
Deputy Compact Administrator Carolyn “Rene” Blake |
Consultants
| ICPC Specialist (A-H) Incoming/Outgoing Oldest child last name A-E Incoming/Outgoing Oldest child last name F-L
|
Administrative Assistant (A-L) VACANT |
| ICPC Specialist (I-Q) Incoming/Outgoing Oldest child last name M-R
|
Administrative Assistant (M-Z) Oree Anglin |
| ICPC Specialist (R-Z) Oldest child last name S-Z
|
Mailing Address
| Regular Mailing Address Texas Department of Family and Protective Services |
Federal Express Address Texas Department of Family and Protective Services |
Useful Telephone Numbers
| Child Abuse Hotline In State: (800) 252-5400 (24-hour toll-free number) |
Juvenile Compact Office Texas Juvenile Justice Department (TJJD) |
| Mental Health Compact Office Texas Department of MHMR |
Useful Websites
General Iinformation
Co-Located Compacts - ICPC, ICAMA, ICJ
Adoption
Independent /Private
Independent/Private Adoptive Placements:
Texas permits private attorney, private agency and/or independent adoptions
| Adoption Type | Yes/No |
|---|---|
| Private Agency | Yes |
| Private Attorney | No |
| Independent | Yes |
Adoption Statute-Non-Agency; Independent; Private Adoptions:
- The only non-agency adoptive placements which are lawful are those made by legal parents or managing conservators. Texas Family Code, Chapter 162, Subchapter A. 162.025
Public
Public Adoptive Placements-Requirements
May be single or married and must
- be at least 21 years of age, financially stable, and responsible mature adults
- complete an application (staff can assist you)
- provide relative and not relative references
- share information regarding their background and lifestyle,
- show proof of marriage and/or divorce (if applicable),
- agree to a home study which includes visits with all household members,
- allow staff to complete a criminal history background check and an abuse/neglect check on all adults in the household, and
- attend free training to learn about issues of abused and neglected children
- have adequate sleeping space
- allow no more than 6 children in the home including your own children or children for who you provide day care.
- agree to a nonphysical discipline policy
- permit fire, health and safety inspections of the home,
- vaccinate all pets,
- obtain and maintain CPR/First Aid Certification
- obtain TB testing as required by the local Health Department for household members
- attend 20 hours or more of training each year
The training provides an opportunity for the family and DFPS to assess whether foster care or adoption is best for the family. The family may withdraw from the meetings at any time. There is no charge for the meetings. Foster/adoptive parents generally train together.
INDEPENDENT / PRIVATE / PUBLIC
The following information applies to independent, private and public adoptions
Adoption Assistance
Adoption assistance payments begins
- At the time the child is placed
Sending State Adoption Subsidy Payments (Guidelines)
- Children must be legally free for adoption to be eligible for adoption assistance.
- In order to be eligible for state-funded adoption assistance a child must be a special needs child as defined below and under the managing conservatorship of the state of Texas (in state custody/under jurisdiction of the state).
- Adoption assistance payments and benefits may begin in Texas the first month after the month of adoption placement and termination of foster care assistance.
- Texas does not have a specific program to provide additional finances or services for medical or therapeutic needs not covered under the state medical plan. Additional services may be available through their Post Adoption Service Program
Special Needs
Texas definition of "Special Needs"
- A child with special needs is defined as a child that has at least one of the following needs or circumstances that may be a barrier to placement or adoption without financial assistance:
- Six years of age or older and less than eighteen years of age
- Two years of age or older and less than eighteen years of age and a member of a minority group that traditionally creates a barrier to adoption
- Member of a sibling group to be adopted together or adopted to join a sibling
- Verifiable physical, mental, or emotional handicapping condition, as established by an appropriately qualified professional through a diagnosis that addresses what the condition is and how the condition is handicapping
Finalization
Adoption may be finalized in another state:
- Yes
Before finalization can occur in Texas, child must be in adoptive placement:
- 6 months
Statutory code/cite for Adoption Petition
Petition filed at any time. No petition for adoption granted until the child has lived in the home for a period of at least six months, unless waived by the court. Texas Family Code, Chapter 162, Subchapter A. 162.002
Court Jurisdiction for Adoption Cases
Adoption cases are filed in a district court, family district court, or a county court-at law.
Home Study (Adoptions)
Statutory code/cite for the Adoptive Home Studies:
In adoptions, a court ordered social study is required. Texas Family Code, Chapter 162, Subchapter A. 162.003.
Prospective adoptive parents permitted to pay for a pre-adoptive home study
- Yes
Prospective adoptive parents permitted to pay for a pre-adoptive home study
- Private Adoptions: Yes
- Independent Adoptions: Yes
Age of Majority
State's age of majority
- 18 years
Statutory code/cite and the age of majority:
- Texas Family Code Chapter 31
Services (after Age of Majority)
As the Receiving State, the following services will be provided/continued at the age of majority:
- Not Applicable
Appeals
Appeals permitted:
- Home Study: No
- ICPC Decision: No
Border Agreements
Border Agreements permitted:
- Yes
Current Border Agreements with:
- None - Not Applicable
Criminal Background Checks/Abuse and Neglect Registry
Home Studies which Require Criminal / Perpetrator Record Checks
Texas requires criminal background checks for the following home studies:
- Foster Care
- Relative Care
- Adoption
- Parent
Criminal Background Screening
The following methods are used to capture fingerprints to conduct criminal records checks/and abuse and neglect.
- Live Scan or other computerized technology
Criminal background checks/screening via Live Scan or other computerized technology are offered at the following levels:
- State
- Local
Background Screening
State or Local Criminal Record Checks Requirements/Process:
- The department shall obtain criminal history and central registry (abuse/neglect history) checks for all persons who are 14 years of age or older to provide in-home or foster care for children in the care of the department and other persons living in the residence in which the child will reside.
- Fingerprint-based criminal history background checks must be completed on all prospective foster parents and the members of their households who are age 14 or older and not in the legal conservatorship of the department on all family members who have not lived in Texas for the last 5 years.
Applicant will not be approved if the person has committed any of the following misdemeanor or felony offenses:
- Offenses against the person or family
- Robbery
- Public indecency
- Stalking
- Criminal solicitation of a minor
- Failure to stop or report aggravated sexual assault of a child
- A violation of the Texas Controlled Substances Act
- Making a firearm accessible to a child
- Intoxication and alcoholic beverage offenses
- Any other felony under the Texas Penal Code or any like offense under the law of another State or Federal law that the person committed within the past 10 years
- Deferred adjudications covering an offense listed above if the person has not completed the probation successfully.
Type of Checks (Crim. & Abuse Neglect Registry)
Texas requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Parent | y | y | y | ||
| Relative | y | y | y | ||
| Foster Care | y | y | y | ||
| Adoption | y | y | y |
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 15-30 days
- Local/County: 15-30 days
Verification of Criminal Records Results
- Actual results/information contained in the Criminal Background
- Signature verifying background check completed
Custody Matters - NON ICPC
(NOTE: These are private or domestic custody matters brought before the court for determination/decision)
Non-ICPC Requests - (i.e. private/domestic custody cases)
ICPC Office will not investigate a domestic or private custody matter.
- Parent vs. Parent: No
- Third Parties: No
ICPC Offices will assist with referral:
- No
Custody Investigation
If the child is a ward or dependent of the court, or if the court has given custody, conservatorship, or the equivalent to a public child protective agency, the court or the agency must follow the procedures for obtaining ICPC approval and DFPS will do the home study and supervise.
Definitions
Texas Specific Definitions
If the following terms are defined differently than below (General Definitions), please provide definitions for the following types of placements as defined within your state. If definitions in your state are the same, please type the word same in the space provided. (only 250 characters per answer will be accepted).
Adoption
Same
Foster-Adopt
Same
Foster Care
Same
Parent
Same
Relative
Same
Relative Foster Care
Same
General Definitions
Adoption
is the legal act of permanently placing a child with a parent or parents other than the birth parents. Adoption results in the severing of the parental responsibilities and rights of the biological parents and the placing of those responsibilities and rights onto the adoptive parents. After the finalization of an adoption, there is no legal difference between biological and adopted children.
The types of adoptions permitted by each state are governed by state law:
- Private Agency - are adoptions facilitated by a private licensed agency (i.e. domestic and international).
- Independent - are adoptions facilitated by an attorney, other intermediary, or adoption facilitator as defined by state law.
- Public - are adoptions facilitated by a public state or local agency and involve children who are in the custody of a state/local government agency.
Days
means “Calendar” (not business) days.
Foster - Adopt
is an individual who has been approved as a licensed foster parent and who has made an offer of an adoption commitment if the child becomes legally free.
Foster Care (Provider)
is any person other than a natural or adoptive parent with whom a child is in the care, custody, or guardianship of the State Child Welfare Agency and placed by said division, or with its approval for temporary or long-term care but shall not include any person with whom a child is placed for the purpose of adoption. Foster home means and includes private residences that are licensed, or specialized group homes.
Foster Care Maintenance Payments
means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence.
Legal Risk Adoptions
A Legal Risk Placement - means a placement made preliminary to an adoption where the prospective adoptive parents acknowledge in writing that a child can be ordered returned to the sending state or the birth mother's state of residence, if different from the sending state, and a final decree of adoption shall not be entered in any jurisdiction until all required consents or termination of parental rights are obtained or are dispensed within accordence of applicable law. .
License/certification/approval
means approval and or certification granted by the authority of a state regulatory agency.
Live Scan
is an electronic computerized technology which digitally scans fingerprints and provides immediate transmission of fingerprint records to the Department of Justice, FBI or other authorized receiving agency.
Parent
is a biological, adoptive parent or legal guardian as determined by applicable State law and is responsible for the care, custody and control of a child or upon whom there is legal duty for such care.
Relative
is a birth or adoptive brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece, nephew, as well as relatives of half blood or marriage and those denoted by the prefixes of grand and great including grand parent or great grandparent, or as defined in your state statute for the purpose of foster and or adoptive placements.
"Fictive Kin" is also considered a 'Relative' in Texas. "Fictive Kin" is defined as a person that has had a longstanding and significant relationship with a child or with the child's family.
Relative-Foster Care
refers to a person who meets the definition of a relative as noted above and has been approved as a licensed foster parent.
Public Education Costs
Texas charges for public education:
- No
Texas charges the sending state for specialized services (occupational, speech therapy)
- No
Texas charges the Sending State to obtain assessments/diagnostics and/or services for education purposes:
- No
Financial Plans, Medicaid, IV-E, Daycare, Payments
FINANCIAL PLANS
Texas permits a child in the legal custody of a Sending State to apply for and receive the following state administered assistance/benefits in Texas as the Receiving State.
- Medicaid
- TANF Child Only
- TANF–Family
- Kin-Guardianship - State
As the Sending state, following are considered as a viable financial/medical plan when making interstate placements:
- Applying for TANF - (Family Income Based)
- Applying for TANF - Child Only
- Title IV-E Foster Care
- Title IV-E Adoption Assistance
- Sending State Adoption Assistance
- Kin-Guardianship - Fostering Connections (IV-E)
- Kin-Guardianship - State
- Medicaid
- Sending State’s Coverage for Medical Assistance
As the Receiving state, following are considered a viable financial/medical plan when receiving interstate placements:
- Applying for TANF - (Family Income Based)
- Applying for TANF - Child Only
- Title IV-E Foster Care
- Title IV-E Adoption Assistance
- Sending State Adoption Assistance
- Kin-Guardianship - Fostering Connections (IV-E)
- Kin-Guardianship - State
- Medicaid
- Sending State’s Coverage for Medical Assistance
MEDICAID / MEDICAL ASSISTANCE
The state will ensure medical coverage benefits and services can be received through benefits, programs and providers in the Receiving State before placing a child across state lines.
- Yes
Medicaid
The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).
- Yes
WAITING PERIOD FOR MEDICAID BENEFITS
Waiting period to apply for benefit assistance:
- No waiting period
Waiting period to receive benefits for a child who is under the legal custody/legal jurisdiction of the sending state:
- 30 days
STATE MEDICAL INSURANCE/COVERAGE
As the Sending State, Texas will provide medical coverage if the child is NOT IV-E eligible
- Yes: Type of Coverage
As the Sending State, Texas will permit Placement Resources to apply for medical benefits in the Receiving State or use their personal insurance.
- Yes
PAYMENTS MADE
TANF Payments
- May be made for children placed with Texas relatives, who meet TANF eligibility requirements. Texas does not make TANF payments for Texas children placed with out-of-state residents unless they are licensed for foster care (see Foster Care Payments for further parameters)
Adoption assistance payments begin:
- At the time the child is placed.
Foster Care Payments
DFPS can pay for out-of-state placements based upon Texas Rates if there is a financial need and if the home is licensed or certified in that state. Each case is determined on an individual basis.
Special Education Payments
- Other: At the option of local school districts
Daycare Payments
- No
- Other
Placement resource is responsible
Kinship Program
The Department of Family and Protective Services (DFPS) Kinship program became effective March 1, 2006. The Kinship Program provides financial assistance and other support services to Relatives and Other Designated Caregivers who are caring for children in the custody of DFPS as a result of abuse and neglect.
The Kinship Program provides one-time initial integration payments of $1000, per sibling group to help transition the child into the caregivers' home. Kinship provides annual reimbursements of up to $500 per year per child to cover ongoing expenses. Additionally, kinship provides support services such as day care, kinship support group training, case management, and resource and referral information to relatives and other designated caregivers (often referred to as 'fictive kin"). The financial payments assist caregivers with the child's essential needs including bedding, clothing, school supplies, and other ongoing expenses.
To qualify for the payments, the kinship caregiver must meet the following criteria:
- Meet 300% of poverty household income guidelines (Not required for childcare)
- Have the child residing in the kinship home upon issuance of payment
- Must have an approved home assessment with criminal background check
- Must sign the Kinship caregiver agreement
TITLE IV-E
Medicaid - The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).
- Yes
Title IV-E documentation/verification required
- Yes: Eligibility document from IMPACT and ICPC Financial Medical Form and Cover Memo
Foster Care
RATES (Foster Care)
Foster care rate paid at:
- Sending State’s rate
Texas foster care rates:
| Service Level of Care | Amount per day |
|---|---|
| www.dfps.state.tx.us/Doing_Business/Purchased_Client_Services/Residential_Child_Care_Contracts/Rates/default.asp |
REQUIREMENTS (Foster Care)
Foster Care Resource Requirements:
May be single or married and must:
- be at least 21 years of age, financially stable, and responsible mature adults
- complete an application (staff can assist you)
- provide relative and not relative references
- share information regarding their background and lifestyle,
- show proof of marriage and/or divorce (if applicable),
- agree to a home study which includes visits with all household members,
- allow staff to complete a criminal history background check and an abuse/neglect check on all adults in the household, and
- attend free training to learn about issues of abused and neglected children
- have adequate sleeping space
- allow no more than 6 children in the home including your own children or children for who you provide day care.
- agree to a nonphysical discipline policy
- permit fire, health and safety inspections of the home,
- vaccinate all pets,
- obtain and maintain CPR/First Aid Certification
- obtain TB testing as required by the local Health Department for household members
- attend 10 hours or more of training each year
Training (Education and Training)
- The training provides an opportunity for the family and DFPS to assess whether foster care or adoption is best for the family. The family may withdraw from the meetings at any time. There is no charge for the meetings. Foster/adoptive parents generally train together. Texas DFPS can only license foster homes for a child who needs basic services. The sending state will need to have a child specific contract with a Texas private child placing agency if placing a child with needs of above basic services. Please see link of Texas foster/adoption child placing agencies: http://www.dfps.state.tx.us/adoption_and_foster_care/adoption_partners/private.asp
Home Studies (Adoption/Foster Care/Kinship/Parent/Relative)
Types of Home Studies
Texas conducts the following types of home studies:
- Relative Care
- Foster Care
- Parent Care
- Adoption
Texas will not accept more than 2 home study requests on several prospective caregivers for placement of the same child at a time. The sending state will need to wait until the homestudies are completed prior to sending additional home study requests on other prospective caregivers.
Texas designates staff in each county/region to conduct home studies and/or process interstate placements.
- Yes
Texas considers a home study as current/valid for:
- 6 mos.
Private Contract Services - Home Study
As the Sending State, Texas will pay a contractor or private/independent agency in the Receiving State to conduct a home study
- Yes
As the Receiving State, Texas will permit a Sending state to pay a contractor or private/independent agency in the Receiving State to conduct a home study.
- Yes
As the Receiving State, Texas will accept/update a home study that was not originally conducted by the receiving state or a private contractor acting on behalf of the Receiving State.
- Will Update and Accept
Adoptive Home Studies
Home study for adoption conducted prior to Termination of Parental Rights (TPR)
- No
Prospective adoptive parents permitted to pay for a pre-adoptive home study
- Private Adoptions: Yes
- Independent Adoptions: Yes
DCPS contracts for Purchase of Services with private agencies in other states:
- Yes
Foster Care Home Study
Home study for foster care conducted prior to Termination of Parental Rights (TPR)
- Yes
Parent Home Study
If child has been removed from the parent, Texas requires a home study evaluation before reunification.
Yes
Non-Custodial Parents
Placements with non-custodial parents are not covered under the ICPC if:
- A court does not have evidence before it that such parent is unfit;
- Does not seek such evidence; and
- Does not retain jurisdiction over the child after the court transfers the child.
Texas will not accept a parent home study request on a Non Offending Parent unless Court Ordered by the sending state.
Proof of Paternity is required:
- No
Relative/Kinship Home Study
Home study for relatives conducted prior to Termination of Parental Rights (TPR)
- Yes
Define Relative
Relative home studies may be completed on any degree of relationship.
As the Receiving State, Texas will accept fictive kin requests as “relative home study requests”.
A “fictive kin” (also known as ‘symbolic relative’) is defined as a person with a longstanding and significant relationship with a child (i.e. Godparent, someone considered to be an aunt or uncle even though they are not related to the child).
Relatives must be licensed:
- No
Proof of Paternity is required:
- No
Texas considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
- 1st Degree (mother, father, sister, brother, son, daughter)
- 2nd Degree (grandmother, grandfather, aunt, uncle, niece, nephew, first cousin)
- 3rd Degree (great grandmother, great grandfather, great aunt, great uncle, grand-niece, grand nephew, second cousin)
- 4th Degree (great, great-grandmother, great, great-grandfather, great, great aunt, great, great aunt, great, great uncle, great grand-niece, great grand nephew, third cousin)
- Godmother, Godfather
- Other
Regulation 7 Priority Placement
Texas performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study) - Public
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 60 days
Wait time to complete Home Study, only (without criminal records check):
- 60 days
Wait Time (ICPC Interstate Home Study) - Private
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 30 days
Wait time to complete Home Study, only (without criminal records check):
- 30 days
Texas determines the "Date of Receipt" for an interstate home study as:
- Date stamped in the ICPC Office.
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State | y | y | y | |
| Send home study request to Local office | y | |||
| Send home study report to Sending State | y | y | y |
Criminal Record Checks
Texas requires criminal background checks for the following home studies:
- Foster Care
- Relative Care
- Adoption
- Parent
Type of Checks (Crim. & Abuse Neglect Registry)
Texas requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Parent | y | y | y | ||
| Relative | y | y | y | ||
| Foster Care | y | y | y | ||
| Adoption | y | y | y |
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 15-30 days
- Local/County: 15-30 days
ICPC Processing And Data Collection
Texas conducts the following types of home studies:
- Relative Care
- Foster Care
- Parent Care
- Adoption
Texas will not accept more than 2 home study requests on several prospective caregivers for placement of the same child at a time. The sending state will need to wait until the homestudies are completed prior to sending additional home study requests on other prospective caregivers.
ICPC Placement Checklists
| Adoption | Foster | Foster-Adopt | Parent | Relative | Residential | Electronic Transmission Accepted * | |
|---|---|---|---|---|---|---|---|
| ICPC 100A (Placement Request) | y | y | y | y | y | y | |
| ICPC – 100 B (if child is in the Receiving State) | y | y | y | y | y | y | |
| Home Study Report | y | y | y | y | y | ||
| Court Order | y | y | y | y | y | y | |
| Medical Documentation/History | y | y | y | y | y | y | |
| Criminal History | y | y | y | y | y | ||
| Criminal Background Check/Verification | y | y | y | y | y | ||
| Education and Training Verification | y | y | y | ||||
| Financial/ Medical Plan to support placement | y | y | y | y | y | y | |
| Social History/ Case Plan | y | y | y | y | y | y | |
| Medical plan to support placement | y | y | y | y | y | y | |
| Title IV-E Status | y | y | y | y | y | y | |
| Supervisory/ Progress Reports | y | y | y | y | y | y |
Date of Receipt - Home Study
Texas determines the "Date of Receipt" for an interstate home study as:
- Date stamped in the ICPC Office.
Texas designates staff in each county/region to conduct home studies and/or process interstate placements.
- Yes
Private Contract Services - Home Study
As the Sending State, Texas will pay a contractor or private/independent agency in the Receiving State to conduct a home study
- Yes
Criminal Records Checks
Texas requires criminal background checks for the following home studies:
- Foster Care
- Relative Care
- Adoption
- Parent
Type of Checks (Crim. & Abuse Neglect Registry)
Texas requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Parent | y | y | y | ||
| Relative | y | y | y | ||
| Foster Care | y | y | y | ||
| Adoption | y | y | y |
Mailing Process - Interstate Home Study
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State | y | y | y | |
| Send home study request to Local office | y | |||
| Send home study report to Sending State | y | y | y |
Wait/Processing Times
Wait Time (ICPC Interstate Home Study) - Public
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 60 days
Wait time to complete Home Study, only (without criminal records check):
- 60 days
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 15-30 days
- Local/County: 15-30 days
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
- 6-9 mos.
Length of time a license is valid before renewal required.
- 6 mos.Texas DFPS can only license foster homes for a child who needs basic services. The sending state will need to have a child specific contract with a Texas private child placing agency if placing a child with needs of above basic services. Please see link of Texas foster/adoption child placing agencies: http://www.dfps.state.tx.us/adoption_and_foster_care/adoption_partners/private.asp
Texas offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
- Otherif classes are offered at state or county discretion. - Varies among each Region in Texas (there are 11 Regions)
Wait Time for ICPC Decision
| Foster Care | Relative | Relative - Foster Care | Parent | Foster - Adopt | Adoption (Public) |
Adoption (Private) |
Adoption (Independent) |
|---|---|---|---|---|---|---|---|
| 6- 9 months | 2-3months | 6- 9 months | 2-3months | 6- 9 months | 6- 9 months | 1- 30 days | 1- 30 days |
Data Collection
Texas collects, tracks and reports interstate data via:
- ICPC Access Database
Texas collects, tracks and reports interstate home studies via
- ICPC Access Database
Licensing/Certification/Approval
Licensing
Dual Licensing state:
- Yes
Texas uses the following terms to authorize a resource family for foster care and (or) adoption after completion of education and training in state:
- Approve (Adoption)
- Verified (Foster Home)
- Certified
Texas requires the following types of placement resources to be licensed/approved/certified:
- Foster Care
- Relative-Foster Care
- Adoption
- Foster/Adopt
Texas resource training program is as follows:
- PRIDE (Parents Resource Information Development Education)
Texas will give full or partial credit for foster care and adoption education and training completed in another state:
- Adoption
OtherProvided curriculum and certificate verification is provided. - Foster Care
OtherVaries among each Region in Texas (there are 11 Regions). Training must meet Texas curriculum
Title IV-E documentation/verification required
- Yes: Eligibility document from IMPACT and ICPC Financial Medical Form and Cover Memo
Requirements (Licensing)
Licensing Requirements
Placement facilities, child-caring facilities and independent foster homes must be licensed by the Texas Department of Family and Protective Services. Human Resources Code, Chapter 42. Agency foster homes maybe certified by a licensed child- placing agency. DFPS regions are individual child placing agencies.
Foster Care Placements
Licensure by DFPS or certification by child-placing agency. Out-of-state homes must be licensed or re-certified in that state.
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
- 6-9 mos.
Length of time a license is valid before renewal required.
- 6 mos.Texas DFPS can only license foster homes for a child who needs basic services. The sending state will need to have a child specific contract with a Texas private child placing agency if placing a child with needs of above basic services. Please see link of Texas foster/adoption child placing agencies: http://www.dfps.state.tx.us/adoption_and_foster_care/adoption_partners/private.asp
Texas offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
- Otherif classes are offered at state or county discretion. - Varies among each Region in Texas (there are 11 Regions)
Parent Studies
Texas conducts the following types of home studies:
- Relative Care
- Foster Care
- Parent Care
- Adoption
Texas will not accept more than 2 home study requests on several prospective caregivers for placement of the same child at a time. The sending state will need to wait until the homestudies are completed prior to sending additional home study requests on other prospective caregivers.
Custodial Parent Evaluated Per Reunification
If child has been removed from the parent, Texas requires a home study evaluation before reunification.
Yes
Non-Custodial Parents
Placements with non-custodial parents are not covered under the ICPC if:
- A court does not have evidence before it that such parent is unfit;
- Does not seek such evidence; and
- Does not retain jurisdiction over the child after the court transfers the child.
Texas will not accept a parent home study request on a Non Offending Parent unless Court Ordered by the sending state.
Proof of Paternity is required:
- No
Regulation 7 Priority Placement
Texas performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study)
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 60 days
Wait time to complete Home Study, only (without criminal records check):
- 60 days
Texas determines the "Date of Receipt" for an interstate home study as:
- Date stamped in the ICPC Office.
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State | y | y | y | |
| Send home study request to Local office | y | |||
| Send home study report to Sending State | y | y | y |
Criminal Records Checks
Texas requires criminal background checks for the following home studies:
- Foster Care
- Relative Care
- Adoption
- Parent
Type of Checks (Crim. & Abuse Neglect Registry)
Texas requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Parent | y | y | y | ||
| Relative | y | y | y | ||
| Foster Care | y | y | y | ||
| Adoption | y | y | y |
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 15-30 days
- Local/County: 15-30 days
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 60 days
Type of Checks (Crim. & Abuse Neglect Registry)
Texas requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Parent | y | y | y | ||
| Relative | y | y | y | ||
| Foster Care | y | y | y | ||
| Adoption | y | y | y |
Verification of Criminal Records Results
- Actual results/information contained in the Criminal Background
- Signature verifying background check completed
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
- 6-9 mos.
Length of time a license is valid before renewal required.
- 6 mos.Texas DFPS can only license foster homes for a child who needs basic services. The sending state will need to have a child specific contract with a Texas private child placing agency if placing a child with needs of above basic services. Please see link of Texas foster/adoption child placing agencies: http://www.dfps.state.tx.us/adoption_and_foster_care/adoption_partners/private.asp
Texas offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
- Otherif classes are offered at state or county discretion. - Varies among each Region in Texas (there are 11 Regions)
Relative Placements
Texas conducts the following types of home studies:
- Relative Care
- Foster Care
- Parent Care
- Adoption
Texas will not accept more than 2 home study requests on several prospective caregivers for placement of the same child at a time. The sending state will need to wait until the homestudies are completed prior to sending additional home study requests on other prospective caregivers.
Relative Home Study
Define Relative
Relative home studies may be completed on any degree of relationship.
As the Receiving State, Texas will accept fictive kin requests as “relative home study requests”.
A “fictive kin” (also known as ‘symbolic relative’) is defined as a person with a longstanding and significant relationship with a child (i.e. Godparent, someone considered to be an aunt or uncle even though they are not related to the child).
Relatives must be licensed:
- No
Proof of Paternity is required:
- No
Texas considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
- 1st Degree (mother, father, sister, brother, son, daughter)
- 2nd Degree (grandmother, grandfather, aunt, uncle, niece, nephew, first cousin)
- 3rd Degree (great grandmother, great grandfather, great aunt, great uncle, grand-niece, grand nephew, second cousin)
- 4th Degree (great, great-grandmother, great, great-grandfather, great, great aunt, great, great aunt, great, great uncle, great grand-niece, great grand nephew, third cousin)
- Godmother, Godfather
- Other
Regulation 7 Priority Placement
Texas performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study)
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 60 days
Wait time to complete Home Study, only (without criminal records check):
- 60 days
Texas determines the "Date of Receipt" for an interstate home study as:
- Date stamped in the ICPC Office.
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State | y | y | y | |
| Send home study request to Local office | y | |||
| Send home study report to Sending State | y | y | y |
Criminal Records Checks
Texas requires criminal background checks for the following home studies:
- Foster Care
- Relative Care
- Adoption
- Parent
Type of Checks (Crim. & Abuse Neglect Registry)
Texas requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Parent | y | y | y | ||
| Relative | y | y | y | ||
| Foster Care | y | y | y | ||
| Adoption | y | y | y |
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 15-30 days
- Local/County: 15-30 days
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 60 days
Type of Checks (Crim. & Abuse Neglect Registry)
Texas requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Parent | y | y | y | ||
| Relative | y | y | y | ||
| Foster Care | y | y | y | ||
| Adoption | y | y | y |
Verification of Criminal Records Results
- Actual results/information contained in the Criminal Background
- Signature verifying background check completed
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
- 6-9 mos.
Length of time a license is valid before renewal required.
- 6 mos.Texas DFPS can only license foster homes for a child who needs basic services. The sending state will need to have a child specific contract with a Texas private child placing agency if placing a child with needs of above basic services. Please see link of Texas foster/adoption child placing agencies: http://www.dfps.state.tx.us/adoption_and_foster_care/adoption_partners/private.asp
Texas offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
- Otherif classes are offered at state or county discretion. - Varies among each Region in Texas (there are 11 Regions)
Residential Treatment Centers/Facilities
Before Texas will approve a child for an interstate placement with an RTF, Certification/verification of acceptance is required from the Residential Treatment Facility (RTF).
- Yes
Residential Placements
Placements Requiring Interstate Approval:
- Placements with child placing agencies, child-caring agencies, residential treatment facilities licensed by DFPS and agency foster and group homes require prior approval by DFPS, whether placing agent is parent, agency or court.
Requirements for Placements:
- ICPC-100A and brief child summary or statement as to reason for placement. Placing agency, parent or court must have legal custody, conservatorship or equivalent authority.
Approval of Facilities:
- DFPS is responsible for licensing child-caring and child-placing facilities. Call 1-800-862-5252.
Rate Setting:
- For rate charged by child care facilities, contact the facility directly. DFPS has established rates for children based on the child's service levels.
Monitoring of the Child:
- Responsibility of facility and/or sending state.
Philosophy for the Placement of Non-Resident Youth:
- Facility must be suitable to meet needs of child and separation from family must be in child's best interest.
Supervisory Reports
Texas Requires face-to-face supervision:
- Once a month
Texas will provide supervision of an interstate placement:
- Until the ICPC case is closed
Texas Submits a supervisory report to the Sending State
- Quarterly
Texas will send a supervision report to:
- The ICPC in the Sending State
Supervision Guidelines
Please see Regulation 11 for supervision requirements under the ICPC (Link provided below):
Termination of Parental Rights (TPR)
Home study for adoption conducted prior to Termination of Parental Rights (TPR)
- No
Home study for relatives conducted prior to Termination of Parental Rights (TPR)
- Yes
After TPR, relatives are no longer relatives and a foster care or adoptive home study must be requested.
- No
Relative Home Study
Define Relative
Relative home studies may be completed on any degree of relationship.
As the Receiving State, Texas will accept fictive kin requests as “relative home study requests”.
A “fictive kin” (also known as ‘symbolic relative’) is defined as a person with a longstanding and significant relationship with a child (i.e. Godparent, someone considered to be an aunt or uncle even though they are not related to the child).
Relatives must be licensed:
- No
Proof of Paternity is required:
- No
Texas considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
- 1st Degree (mother, father, sister, brother, son, daughter)
- 2nd Degree (grandmother, grandfather, aunt, uncle, niece, nephew, first cousin)
- 3rd Degree (great grandmother, great grandfather, great aunt, great uncle, grand-niece, grand nephew, second cousin)
- 4th Degree (great, great-grandmother, great, great-grandfather, great, great aunt, great, great aunt, great, great uncle, great grand-niece, great grand nephew, third cousin)
- Godmother, Godfather
- Other
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