For Judges and Attorneys Handling Child Protective Services Cases:
Follow-up to Viewer Questions Submitted During the
“86 th Legislative Session Update on CPS-Related Matters” Live Webcast
1.        Who is the lead Community Based Care (CBC) agency?
CBC lead agencies differ, depending on the catchment area. For example, Our Community, Our Kids is the lead agency for DFPS Region 3b, also referred to as catchment area 3b, which covers Tarrant, Palo Pinto, Johnson, Erath, Hood, Parker, and Somervell counties. Family Tapestry is the lead agency that holds the contract for DFPS Region / catchment area 8a, which is exclusively Bexar County. 2Ingage is the lead agency that holds the contract for DFPS Region 2 in the Abilene area, and St. Francis Ministries is the lead agency that holds the contract for DFPS Region / catchment area 1, which primarily covers the panhandle. Texas Family Code Section 264.154 (Qualifications of Single Source Continuum Contractor) requires any Single Source Continuum Contractor seeking to contract to provide foster care service delivery to be a nonprofit entity with an organizational mission focused on child welfare. The provider can also be a governmental entity.  To learn more about CBC, please link to the DFPS webpage " What Is Community-Based Care? "
2.      How does new Family Code Section 155.004 affect outstanding child support?
Changes to Section 155.004 should not affect child support. The changes made to 155.004 by HB 1854 are that the Court of Continuing Jurisdiction loses jurisdiction when an order of adoption is rendered. An order of adoption can only be rendered post-termination of parental rights, and usually termination of the parent’s rights also terminates the parent’s child support obligations. Though post-termination child support can be ordered under Section 154.001(a-1), it is rarely ordered, and even when it is ordered it terminates upon the child’s adoption 154.001(a-1)(1)(A).
3.        Regarding Senate Bill 325, must the request to remove or add information be submitted in writing?
This bill requires the Supreme Court of Texas to prescribe a form and procedures for a person to either add or remove information from public access. Government Code 72.158(c).
4.        Regarding House Bill 1884, if relatives are not present at a hearing, is the court excused from its duty to inform relatives about options / possibilities of becoming a licensed foster parent or Permanency Care Assistance (PCA) benefits?
The provisions of HB 1884 do not require that relative or designated caregivers be present at the hearing to trigger the duty to inform them of the option of being a licensed foster parent and applying for PCA. Practically, however, a court is likely to undertake the duty to inform relatives or designated caregivers of these options if they are present.
5.      What happens under HB 369 when a suit for adoption is filed where the child resides under Texas Family Code Section 103.001 and requests transfer of continuing jurisdiction when there are multiple children the subject of the CPS case and not all children are being adopted in the other county/court?
The transfer order can limit the transfer to the SAPCR on the one child only and need not include all of the children. 
Having trouble viewing this message? Try View as Webpage

For a complete list of  Jurist in Residence Letters  and  Attorney Resource Letters , please visit the Children's Commission website. Information provided by the Children’s Commission should not be read as a commentary by the Supreme Court of Texas or any other court. For more information about the Children’s Commission, please visit our  website .
STAY CONNECTED