Visitation Policy & Practice

Katherine Barillas, Ph.D.Director, Child Welfare Policy

One Voice Texaskbarillas@onevoicetexas.org

Current PolicyOnly in CPS policy; removed from Texas

Administrative Code due to federal “reasonable efforts” standard

Right to regular contact (exceptions include):Court restrictions (i.e. aggravated circumstances)Formal relinquishmentTerminationAppearing to be under the influence

Minimum of once a month

Current PolicyVariety of stakeholders should be involved in

decision

Frequency of visits based on needs of the child, need for supervision etc.

Location and type of visit can vary

Worker, parents and caretakers should make arrangements for contact

Challenges of Current PolicySetting a minimum policy and lack of strengths

based approach

Little guidance to caseworkers in determining type, location, frequency, and level of supervision

Visitation plan is part of Family Plan of Service which isn’t due to the court until day 45

No set process for addressing challenges to visitation

Best PracticeGeneral

Infants = 1x a dayToddlers = 2-3x a weekInitial visit very soon

after removalAllowing the parent

and child opportunities to have positive and productive interaction

In Other States

Incarcerated parents (SC)

Focus on anywhere but office (KY)

Foster parents actively involved (TN)

Not to reward or punish (OH)

Senate Bill 352 (West/Gonzalez)• Requires DFPS to provide the opportunity for a

visit to take place within 72 hours of the child’s removal and, in cooperation with the parent(s), to develop a temporary visitation schedule between this visit and the 30 day hearing.

• Requires formal visitation plan by the 30 day hearing.

Senate Bill 352• Visitation plans and their outcomes should be

regularly reviewed at each permanency court hearing and the court should examine the need for supervision of visitation to be reduced as it is safe to do so.

• If there are challenges to visitation, the court should review why that is the case and what specific steps can be taken to try to resolve any potential barriers.

Senate Bill 352

DFPS should attempt to employ the use of volunteers including those directly engaged with DFPS and those who work for organizations that serve children in state care.

The standard criminal CPS and criminal background checks should be employed.

What Should We Work Towards?Daily visitation for infants and 2-3x a week for

toddlers

Visit coaching

Peer support from foster parents

Visits for children in PMC and after termination

ImplementationDFPS is committed to change

Oversight committee and three workgroups starting in June

Partnership between DFPS and external partners essentialResources are an issueDFPS CANNOT DO IT ALL!

Tools for assessment and guidance for caseworkers and other stakeholders