Sec. 264.107. PLACEMENT OF CHILDREN    


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  • (a) The department shall use a system for the placement of children in contract residential care, including foster care, that conforms to the levels of care adopted and maintained by the Health and Human Services Commission.

    (b) The department shall use the standard application for the placement of children in contract residential care as adopted and maintained by the Health and Human Services Commission.

    (c) The department shall institute the use of real-time technology in the department's placement system to screen possible placement options for a child and match the child's needs with the most qualified providers with vacancies.

    (d) The department shall ensure that placement decisions are reliable and are made in a consistent manner.

    (e) In making placement decisions, the department shall:

    (1) consult with the child's caseworker and the child's attorney ad litem, guardian ad litem, or court-appointed volunteer advocate when possible; and

    (2) use clinical protocols to match a child to the most appropriate placement resource.

    (f) The department may create a regional advisory council in a region to assist the department in:

    (1) assessing the need for resources in the region; and

    (2) locating substitute care services in the region for hard-to-place children.

    (g) If the department is unable to find an appropriate placement for a child, an employee of the department who has on file a background and criminal history check may provide temporary emergency care for the child. An employee may not provide emergency care under this subsection in the employee's residence. The department shall provide notice to the court for a child placed in temporary care under this subsection not later than the next business day after the date the child is placed in temporary care.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2005, 79th Leg., Ch. 268 , Sec. 1.48, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1406 , Sec. 14, eff. September 1, 2007.