DFPS CPS Handbook §12760
Family Refused/legal Impossible

CPS November 2024 The Family-Based Safety Services (FBSS) caseworker uses the Family Refused/Legal Impossible closure code if all of the following apply: - The family refuses to voluntarily accept FBSS. - The FBSS caseworker has exhausted all efforts to engage the family and has done so for at least 60 days after the FPR stage opened. - Legal intervention is not possible. Legal intervention is not possible if any of the following apply: - After consulting with the program director, the caseworker submits an affidavit for legal intervention to the representing attorney, but the attorney or the court denies the request for legal intervention and this denial has been escalated through the chain of command through the program director and above. - It is not necessary to remove a child from the home, and the family does not meet the legal standard for court-ordered services (see 5160 Requesting a Court Order to Participate in Services ). Exception to the 60-Day Time Frame The program director may approve a case for closure with the Family Refused/Legal Impossible closure code before 60 days have passed since the FPR stage was opened if both of the following apply: - The case meets the requirements above in this section, other than the 60-day time frame. - For at least 21 continuous days, the family has refused to meet with the FBSS caseworker, refused to allow access to the child, or both. In this situation, the case must have a contact in IMPACT indicating why the case is being closed before 60 days have passed. The case must be submitted to the FBSS supervisor for review and to the FBSS program director for closure.