Hon. Carlos Villalon, Jr.

TODAYS FOCUS What is a Foster Care Case? Aren’t All Courts the Same? What is the Judge’s Role? What are the Educational Issues to consider?

FOSTER CARE HOW DOES IT ALL START AND WHAT IS IT?

THE REPORT Online report to the Department of Family and Protective Services. Phone Call to the 800 hotline.

THE ABUSE Neglect Physical Abuse Emotional Abuse Sexual Abuse Domestic Violence Substance Abuse Mental Health Issues

THE REMOVAL Emergency Basis without Court Approval Emergency with Court Approval Non-Emergency Removal

THE TRAUMA Before Removal As a result of the child’s environment After Removal As a result of displacement.

THE PARTIES DFPS MOTHER MOTHER’S ATTORNEY FATHER FATHERS ATTORNEY THE CHILDREN THE CHILDREN’S ATTORNEY THE CHILDREN’S GUARDIAN AD LITEM/CASA

THE COURTROOM

COLLABORATION Traditional Litigation = Adversarial Work against one another in order to gain a favorable ruling. Child Welfare Litigation = Collaboration Work together, embrace concerns, and look for solutions that will preserve the family, facilitate positive lifestyle changes, and move the case towards permanency as soon as possible.

THE COURTS Jurisdiction for the these cases falls within the District and sometimes the County Courts at Law. There are two specialty courts that hear CPS cases exclusively in the RGV. There are about 1,000 children under the jurisdiction of both courts (four county area).

THE JUDGES ROLE Consider the child's best interests – safety first. Ensure that ALL parties are treated fairly. Remove only when absolutely necessary. Utilize all relative placement options if they are safe. Address the trauma and the immediate needs of the child. Ensure that services are provided to the parents. Monitor the wellbeing of the child while reunification efforts are made. Ensure that the case moves swiftly toward permanency.

EDUCATIONAL ISSUES

SCHOOL READINESS If the child is age 0-3, child assessed for Early Childhood Intervention (ECI) services 34 C.F.R. Part 303 If the child is age 0-5, enrolled in Early Head Start, Head Start, or Pre-Kindergarten 45 C.F.R. § , Tex. Educ. Code § (b)

SCHOOL STABILITY Child enrolled in and has transportation to current school Tex. Educ. Code § (a) Child remains in current school, regardless of additional placement changes Tex. Educ. Code § (g) School changes occur at the end of grading periods* School changes do not conflict with standardized testing or final exams*

EDUCATION DECISIONS DFPS has conservatorship and has designated an Education Decision-Maker (EDM) Tex. Fam. Code § Parent retains or other person given specific education-related rights as appropriate Tex. Fam. Code § DFPS provided EDM Form 2085-E to the child’s school and others Tex. Fam. Code §

SCHOOL ENROLLMENT Child immediately enrolled in a new school if a change was required Tex. Fam. Code § Education record or credit transfer issues addressed by court as necessary Tex. Educ. Code § (b)

SCHOOL PROGRESS What does the child say about school and where wants to attend? Child in an appropriate school Child progressing academically and on grade level Additional school supports addressed as needed Child involved in extracurricular activities Discipline issues addressed (truancy, suspension, expulsion, restraints) Child’s caretaker signed the annual form to prohibit corporal punishment at school Tex. Educ. Code §

POST-SECONDARY EDUCATION If the youth is at least grade 9, personal graduation plan created and graduation endorsement chosen (an endorsement is in addition to the Foundation High School Program in STEM, Business & Industry, Public Services, Arts & Humanities, or Multi-Disciplinary Studies) Tex. Educ. Code § Child has a college or career plan* Child and his caregivers know about high school graduation requirements and how to prepare and apply for post-secondary education 42 U.S.C. § 677, Tex. Educ. Code § , Tex. Educ. Code §

SPECIAL EDUCATION If needed, child evaluated for special education placement and services If eligible:  Date of child’s last Admission, Review, and Dismissal (ARD)  Child has Individualized Education Program (IEP) that is current, appropriate, and in force  Surrogate parent appointed for child Tex. Fam. Code §

FOSTER YOUTH EDUCATION JUDICIAL CHECKLISTS 57/Education.pdf 57/Education.pdf %20the%20Right%20Questions.pdf %20the%20Right%20Questions.pdf

RIO GRANDE VALLEY CHILD WELFARE COLLABORATIVE WE NEED YOU!