Licensure Conservatorship and Adoption Resources

• DFPS will file a Suit for Conservatorship. This may be with or without the removal of parental rights.
• A caregiver who was awarded possession of the child through CPS that is licensed or in the process of becoming licensed can be awarded a conservatorship with benefits.
• Caregivers will be background checked and have criminal history checks.
• Demographic information will be collected from all household members and regular visiting family members.
• The court will order a Home Study- which includes visits with all household members and inspection of all parts of the home, grounds, and outbuildings. This includes fire, health, and safety inspections. Families who are becoming licensed will have a 2nd Home study. Families are not required to become licensed or have the 2nd home study, if they are merely seeking permanency without benefits.
• The court will appoint a guardian and/or attorney ad litem to represent the child. The Attorney Ad Litem and Guardian Ad Litem may be the same person or can be separate individuals. An Attorney Ad Litem shall represent the child’s express objectives, or what the child says they want. A Guardian Ad Litem shall represent what they believe to be the best interests of the child. A CASA worker may be appointed as the Guardian Ad Litem.
• The court will also appoint an attorney ad litem to represent the bio parents.
• The court will decide if conservatorship is given, and may give conservatorship while allowing the birth parents to keep parental rights (and visitation, as decided on by the court), or the court may remove bio parents parental rights if that is a suit that was filed along with the conservatorship.
• If adoption is the permanency plan through DFPS- DFPS must sign consent of the adoption. A DFPS adoption might have the option of adoption with benefits. Also a DFPS case removal of rights and adoption cannot be filed in the same hearing, these will be done in 2 separate hearings.

• In order to go about legally obtaining custody of your child-relative, you must file what is known as a Suit Affecting the Parent-Child Relationship (SAPCR). This may be with our without the removal of parental rights.
• The caregivers representation must be able to show that the appointment of a parent as the sole managing conservator of the child or the appointment of both parents as joint managing conservators would significantly impair the child’s physical health or emotional development.
• Caregivers will be background checked and have criminal history checks.
• Demographic information will be collected from all household members and regular visiting family members.
• The court will order a Home Study- which includes visits with all household members and inspection of all parts of the home, grounds, and outbuildings. This includes fire, health, and safety inspections.
• The court may appoint an Amicus attorney to find the best interest of the child at the expense of the caregiver filing the case.
• Parents, who remain to have parental rights, must be given 45 days notice of all final hearings.
• The court will decide if conservatorship is given, and may give conservatorship while allowing the birth parents to keep parental rights (and visitation, as decided on by the court), or the court may remove bio parents parental rights if that is a suit that was filed along with the conservatorship.

After your final hearing for conservatorship or permanency- in order to adopt- a caregiver must file an adoption on their own separately. If parental rights were not removed in conservatorship, they can be removed in the adoption hearing combined.

• FOR Licensed families- adoption subsidies may cover the cost of lawyer fees.
• In order to adopt a child in Texas both parents must have their parental rights terminated or self relinquish. If this is a private adoption- where rights have not yet been approved. A notice that adoption and removal of parental rights is being requested will be sent to both bio parents who may have 21-45 days to contest before the hearing is set.
• A child will need to have been in the home for at least 6 months before an adoption hearing can take place.
• Caregivers will need to show that they are the best caregivers for the child and that placement with the bio parents would be detrimental for the child. Some common reasons for parental right termination include:
  1. Abuse or neglect
  2. Being criminally responsible for the death or serious injury to a child
  3. Parental abandonment
  4. Placing a child in an environment that mentally or physically endangers the child
  5. Refusal to support the child

• A caregiver who was awarded possession of the child through CPS that is licensed or in the process of becoming licensed can be awarded post adoption benefits.
• An Indian Child Welfare Act (ICWA) Clearance must be filed where applicable. ICWA is a federal law that helps preserve American Indian tribes and families by requiring certain legal proceedings involving any Indian child who is a member of a federally recognized tribe.
• An Interstate Compact on the Placement of Children (ICPC) Clearance must be filed when applicable. The finalization hearing ensures ICPC regulations were followed if and when the child crossed state lines for the purpose of the adoption. ICPC ensures the child is placed in a safe environment and serves as a checks and balances system between states to make sure the adoption is legal.
• If the caregiver has not already been named the managing conservator, background checks, demographic checks, and home study will be conducted (see what to expect in a privately filed conservatorship hearing).
• Your attorney will ask you to introduce yourself and briefly answer some questions about your motivation to adopt and your understanding of the permanency of adoption. He or she will ask you to confirm for the judge that you will provide your child with a loving home.
• If you are adopting a child age 12 or over, his or her consent is required by Texas State Law and your child will be asked to verbally confirm that he or she wishes to be adopted.
• The judge will conclude the hearing by signing the final adoption decree.
• After a legal adoption a child’s name and social security number can be changed.