Here, learn what to expect during the family-based safety services phase of a case where Child Protective Services is involved. Understand what a plan of service is, the timeline, possible outcomes, and families' rights.
This article was written by Legal Aid of Northwest Texas and the Family Helpline at Texas Legal Services Center.
What are Family-Based Safety Services?
Family-Based Safety Services (FBSS) are an alternative to the legal removal of a child from a person’s possession and care. It may involve voluntarily placing the child with family or someone you trust until safety concerns have been resolved. But FBSS does not always require that the child be placed away from a parent or guardian’s home.
Once the investigation is completed, if it is determined that the case is appropriate for FBSS, the case should be immediately transferred to a new caseworker in the FBSS unit. Once transferred and assigned, the new caseworker should schedule an in-person meeting with each person receiving services, each parent with a known location, and any caregivers for the child within ten days. DFPS may offer the family a Family Team Meeting or FTM where all parties and interested family members come together to discuss the concerns and goals.
If you are unsuccessful in completing the FBSS process, your case may be re-evaluated for formal legal removal. Fully participating in the FBSS process may help avoid a formal legal removal of your child. If you have a question about whether a service plan is reasonable, you may want to consult a licensed attorney. Further, if you refuse to participate in the FBSS process, DFPS may seek a court order to remove your child from you.
What is a plan of service?
A plan of service is a voluntary agreement between a parent or caregiver, and DFPS. According to the DFPS handbook, a written plan of service should be developed within 21 days after the FBSS case has been opened unless the DFPS supervisor has approved an exception.
The plan of service should detail, among other things, why DFPS is involved, what tasks must be completed, how the requested action will help alleviate concerns of abuse or neglect, how to complete the requested actions, and how your progress will be evaluated. Once completed, the caseworker will ask the parent or caregiver to sign the agreement and provide you with a copy of the plan. A parent may refuse to sign the plan of service; however, this may result in the child being removed by DFPS. Texas law requires that the plan be reviewed when significant changes occur and at least every six months. However, DFPS regulations require the assigned caseworker and supervisor review the plan of service at least one time every month.
Conclusion of FBSS Phase
Under certain circumstances, the caseworker may request additional time for the family to complete the requested services. The DFPS caseworker should submit a case for closure when services are no longer needed to ensure child safety or formal removal becomes necessary.
At least ten days before submitting a case for closure, a DFPS caseworker should conduct a home visit at the child’s home and make face-to-face contact with everyone who has a plan of service.
If the case is closed after the FBSS stage, the DFPS caseworker should send a case closure letter to any individual that received services during the FBSS case within 15 calendar days. If concerns regarding the safety and welfare of the child remain, DFPS might request Temporary Managing Conservatorship of the child, and the case may be transferred to the DFPS Conservatorship Unit.
CPS Case Phases
This article, Child Protective Services: Family-Based Safety Services Phase, is the third of seven originally prepared by Legal Aid of Northwest Texas. The other articles are:
- Child Protective Services: Reporting Abuse or Neglect
- Child Protective Services: Investigation Phase
- Child Protective Services: The Removal Process
- Child Protective Services: Conservatorship Phase
- Child Protective Services: Final Hearing, Dismissal, Extension or Monitored Return
- Child Protective Services: Termination of Parental Rights
Child Custody & Visitation
Child Custody & Visitation
Grandparents & Other Nonparent Caregivers
This article provides information on reporting abuse or neglect to Child Protective Services.
This article discusses the investigation stage in Child Protective Services cases.
This article discusses the removal process in Child Protective Services cases.
This article discusses the conservatorship phase of a Child Protective Services case.
This article discusses Child Protective Services cases' final hearing, dismissal, extension, and monitoring phase.
This article discusses terminations of parental rights in Child Protective Services cases.