Family-Based Safety Services (FBSS) in Texas: What Families Should Know

The short answer

Family-Based Safety Services (FBSS) is a Texas Department of Family and Protective Services (DFPS) program for families who need extra services to keep a child safe DFPS CPS Handbook §12000. You work from a written Family Plan of Service, and a caseworker visits on a schedule set by your family's risk level DFPS CPS Handbook §12520 DFPS CPS Handbook §12240. To close a case as Risk is Reduced in the Family, DFPS policy looks for real change in safety, not just finished services DFPS CPS Handbook §12751.

What is FBSS, and is it voluntary?

FBSS is a DFPS program for families who need extra services to keep a child safe. DFPS policy says families agree to receive FBSS when the DFPS investigations division refers them DFPS CPS Handbook §12220. But if a family decides not to take part and services are needed for the child's safety, the caseworker must talk with a supervisor about whether to ask a court to order services DFPS CPS Handbook §12580. That process is explained in Court-Ordered Services in Texas CPS Cases (Family Code §264.203).

Services come from community-based organizations, contractors, and caseworkers DFPS CPS Handbook §12000. FBSS staff work with families to keep children from entering foster care, and services are meant to be time-limited and fit to the family DFPS CPS Handbook §12110. Most FBSS cases stay open at least 60 days after the referral DFPS CPS Handbook §12220. DFPS records call an open FBSS case the "FPR stage" DFPS CPS Handbook §12520.

Texas law says DFPS services must be designed to, among other goals, prevent further abuse, ease its effects, and prevent removal of the child from the home Tex. Fam. Code §264.201(a). Even when a court has ordered FBSS, the caseworker must ask permission to enter your home each and every time DFPS CPS Handbook §12211.

What is the Family Plan of Service, and what does signing it mean?

The Family Plan of Service (FPOS) is the written plan for your FBSS case. Before anyone signs it, the caseworker must make sure that person understands and agrees to three things: their responsibilities, the possible consequences of not following the plan, and the actions and behavior changes needed to close the case with no further CPS involvement DFPS CPS Handbook §12520.

DFPS policy says the plan is meant to help parents get help from sources other than CPS and build the ability to protect their children from abuse or neglect DFPS CPS Handbook §12530. The caseworker must write the plan and submit it to a supervisor within 21 calendar days after the case opens DFPS CPS Handbook §12530.

The caseworker must make reasonable efforts to get input from DFPS CPS Handbook §12520:

• each parent of a child who will receive services;
• each child, as fits the child's age and development; and
• other people in the home who are part of the case (DFPS calls them "principals").

If the caseworker cannot get someone to take part, the caseworker writes down the efforts made DFPS CPS Handbook §12520. Everyone who signs gets a signed copy, including any later changes DFPS CPS Handbook §12520. The plan is reviewed in a Family Plan Evaluation within six months, and again within six months after each evaluation DFPS CPS Handbook §12540.

How often will the caseworker visit?

The minimum number of face-to-face visits each month depends on your family's most recent risk level DFPS CPS Handbook §12240:

Risk level	Visits with a parent or caregiver	Visits with each child
Very High or High	at least 3 a month	at least 2 a month
Moderate	at least 2 a month	at least 2 a month
Low	at least 1 a month with each parent or caregiver	at least 1 a month

The same policy also says DFPS CPS Handbook §12240:

• The caseworker must see each parent or caregiver face to face at least once every month.
• Children who can talk get a private visit at least once a month.
• If the child is not living with another caregiver under a parental child safety placement (PCSP), most visits happen in the family's home. If the child is in a PCSP, at least one visit a month with the child must be in that caregiver's home.
• A supervisor may approve a different schedule for a short-term change in the family's situation.
• If the caseworker believes your risk level has changed, the caseworker completes a Risk Reassessment, and a supervisor approves it. When the risk level changes, the visit schedule changes with it.

What happens if we move to another county?

DFPS policy says it is important for your FBSS services to continue when you move to another county or region. The caseworker in your old area stays responsible until the transfer is complete DFPS CPS Handbook §12320.

DFPS policy sets these steps DFPS CPS Handbook §12321:

• As soon as a transfer is needed, the current supervisor emails the new region to set it up.
• Within two business days, the new region names your new caseworker.
• Your current caseworker writes a full transfer summary, including the progress of services, and makes sure there is a current Family Plan of Service or Family Plan Evaluation.
• The new caseworker must contact you to confirm you live in the area before a transfer meeting (a "staffing").
• The staffing must be held within 10 calendar days from the date the transfer request is sent.
• Once your new address is confirmed, the new caseworker begins monthly face-to-face visits.

What if substance use is part of the case?

When a parent or caregiver uses or has used substances, the FBSS caseworker does regular, timely evaluations of the parent's progress in staying abstinent while keeping the child safe DFPS CPS Handbook §12560. For drug testing rules, see CPS Drug Testing in Texas: What DFPS Policy Says.

How does an FBSS case close?

An FBSS case is closed with a closure code that records why it ended, and most codes can apply to both a regular FBSS case and a court-ordered services case DFPS CPS Handbook §12750. Three codes matter most to families:

• Risk is Reduced in the Family. Used when the family has participated in services and/or there are observable changes in parent behavior and clear differences in the safety or risk concerns that started the case DFPS CPS Handbook §12751. The policy says completing services as part of a service plan "does not in itself warrant this closure code" DFPS CPS Handbook §12751. It is the code DFPS policy names when a court-ordered services case is successfully completed and risk is reduced DFPS CPS Handbook §12750.
• Court Ordered Services Closed. Used when a court dismisses a court-ordered services case because the parents are not cooperating and no further legal action is appropriate. It is not used when a family completes services, makes the changes, and the court dismisses the case DFPS CPS Handbook §12752.
• Family Refused/Legal Impossible. Used only when the family refuses to accept FBSS voluntarily, the caseworker has exhausted all efforts to engage the family for at least 60 days after the FPR stage opened, and legal intervention is not possible DFPS CPS Handbook §12760. Legal intervention is not possible if the DFPS attorney or the court denies a request for it and the denial has been escalated up the DFPS chain of command, or if removal is not necessary and the family does not meet the legal standard for court-ordered services DFPS CPS Handbook §12760. A program director may approve this closure before 60 days if the other requirements are met and, for at least 21 continuous days, the family has refused to meet with the caseworker, refused access to the child, or both DFPS CPS Handbook §12760.

For each of these three codes, DFPS must send a case closure letter within 15 calendar days after closing the case to the parents (including noncustodial parents) and legal guardians who received FBSS DFPS CPS Handbook §12740.

What the law says

CPS February 2021 This code is used when a family has participated in services and/or the following are present, which help to enhance child safety in the home: - Observable parental behavioral changes. - Distinguishable differences in safety or risk concerns in the household that were initially identified for services. Completing services as part of a service plan does not in itself warrant this closure code. This code is also used if the FBSS case is being closed with the child residing with a parent who did not require FBSS intervention.

In plain words: DFPS policy looks for real, visible changes in safety, not just a list of finished services, before using this closing code.

CPS November 2023 The FBSS caseworker uses the Court Ordered Services Closed code when the court dismisses a court-ordered services case or a motion to participate case because the parents are not cooperating and no further legal action is appropriate. This code is not used when a family completes the services and makes the necessary changes, and the court dismisses the legal case.

In plain words: this code is for cases a court dismissed because parents did not cooperate, not for families who finished services and made changes.

When the department provides services directly or by contract to an abused or neglected child and the child's family, the services shall be designed to: (1) prevent further abuse; (2) alleviate the effects of the abuse suffered; (3) prevent removal of the child from the home; and (4) provide reunification services when appropriate for the return of the child to the home.

In plain words: Texas law says DFPS services are meant to prevent more abuse, ease its effects, and keep children from being removed from home.

Questions to ask a lawyer

• Does my Family Plan of Service match the concerns DFPS identified, and should I ask for changes before I sign?
• What is my family's current risk level, and what would a Risk Reassessment look at?
• If DFPS talks about asking a court to order services, what are my options?
• We are moving. What should I do so services continue without a gap?
• What will DFPS look for before closing my case as Risk is Reduced in the Family?

Related

• Court-Ordered Services in Texas CPS Cases (Family Code §264.203)
• CPS Drug Testing in Texas: What DFPS Policy Says
• Your Right to a Lawyer in a Texas CPS Case
• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)
• Your Rights When Texas CPS Contacts You (Family Code §261.307)