Section 700.1309 - What factors does DFPS consider when selecting the most appropriate living arrangement for a child?As mandated by §475 of Title IV-E of the Social Security Act, DFPS must place a child in the least restrictive (most family-like) and most appropriate setting available, and in close proximity to the parents' home when the child's permanency goal is reunification, consistent with the best interest and special needs of the child. When determining whether a placement is consistent with the best interest and special needs of a child, DFPS considers the following factors:
(1) First and foremost, a child's placement must be safe;(2) Placement with a relative or other person with whom the child has a long-standing and significant relationship is generally preferred over placement with a non-related caregiver, provided the relative or other person can provide a safe and appropriate home;(3) Siblings removed from their home should be placed together unless such placement would be contrary to the safety or well-being of any of the siblings;(4) Consideration must be given to the appropriateness of the child's current educational setting and the proximity of the placement to the school in which the child is enrolled at the time of placement;(5) The placement must be able to meet the physical and emotional needs of the child, including any special needs that the child may have, taking into consideration any available support services that might assist the placement in meeting the child's needs; and(6) Consideration must be given to the child's desires and needs for a loving and permanent home.40 Tex. Admin. Code § 700.1309
The provisions of this §700.1309 adopted to be effective August 1, 2012, 37 TexReg 5632