1 1 Assign Case Narrative by 8P6Cqm4

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									                                                                                   Texas Office of Court Administration
                                                                                    TexDECK Functional Requirements



Process Name: Assign Case                                           Process Identifier: 1.1
Process Purpose and Objectives:
In the process of investigating reports of abuse and/or neglect under Chapter 261 of the Texas Family Code (TFC), if the Texas
Department of Family and Protective Services (DFPS or “the Department”) determines that a child should be removed or court orders
are necessary for the protection of the child, the Texas Family Code (TFC) provides the various legal methods the Department is
authorized to use to take possession of the allegedly abused or neglected child or achieve safety for the child while in possession of
the parent or custodian. Each method requires that the department file a lawsuit.
Process Description:
When a case of alleged child abuse or neglect is determined, a DFPS investigative case worker and supervisor arrange for the
initial petition to be filed by the attorney representing the Department, with the Texas District/County clerk in the county in
which the child resides. If the county in which the child resides has special courts to handle child protective services cases,
the case may be assigned to the special court.
The clerk/court may document the following:
      Cause Number
      Style
      Filing Date
      Judge
      Court
      Referring Court
      DFPS Case Number
      DFPS Region
      County Of Jurisdiction
      Administrative Judicial Region




TexDECK Functional Requirements                              Page 1 of 4                                                     8/7/2012
1.1 Assign Case
                                                                                     Texas Office of Court Administration
                                                                                      TexDECK Functional Requirements



Process Name: Assign Case                                            Process Identifier: 1.1
      Case Initiation Reason
      Case Status
      Case Appealed
The following may be logged in the Register of Actions:
      Petition Filed
      Case Opened
      Schedule Proceeding [Initial/Emergency or Initial Hearing]
Business Rules:
1. A petition must be filed.
2. The Filing Date may not be prior to the current date.
3. The Hearing Date may not be prior to the Filing Date.
4. The applicable timeline for the first hearing depends on how the case is initiated:
      If the child has been taken into possession by a governmental entity (usually DFPS) without a court order, the court is required
       to hold an initial hearing on or before the first working day after the date the child is taken into possession, or if unavailable,
       then on the first working day after the court becomes available, but no later than the third day after the child is taken into
       possession.
      If a governmental entity files suit requesting permission to take possession of a child without prior notice or a hearing, and the
       court issues an order authorizing the governmental entity to take possession, an initial hearing must be held within fourteen
       days of the date the child was taken into possession by the governmental entity
      If a governmental entity files suit requesting to take possession of a child after notice and a hearing, the Family Code does not
       impose a deadline by which an initial hearing must be held.
Functional Standards and Best Practices:
1. Display/default only applicable demographic information, (e.g., Texas Administrative Judicial Region (AJR), county, and/or judge



TexDECK Functional Requirements                               Page 2 of 4                                                       8/7/2012
1.1 Assign Case
                                                                                    Texas Office of Court Administration
                                                                                     TexDECK Functional Requirements



Process Name: Assign Case                                           Process Identifier: 1.1
   information).
2. Conduct locally defined and user checks to ensure case should be assigned to a specific court and display results.
3. Document reason for initiation, (e.g., new filing, transferred from another jurisdiction, reopened or remanded case).
4. Support electronic filing from electronic document to case processing system.
5. Create acknowledgement to appropriate parties that case filing received and accepted, and give them assigned cause number.
Process Trigger(s):                                                 Key Sub-Process Participants:
At the request of a Texas DFPS caseworker, an attorney                     DFPS Case Worker
representing the Department files a lawsuit affecting the parent-
child relationship (SAPCR) or a court order to provide the child
                                                                           DFPS Supervisor
with specific protections with the district/county court.                  Filing/Prosecuting Attorney
                                                                           District/County Clerk/Coordinator
Inputs:
  Report/Screen ID or Description                 Format                  Volume/Frequency                        Suppliers
Child Protection Lawsuit, (petition        Hard Copy Legal          Multiple lawsuits/amendments       Filing/Prosecuting Attorney
requesting a court order to provide        Document or Automated    per child abuse/neglect case
the child with specific protections or     Filing
modify custody)
DFPS Sworn Affidavit, (description of      Hard Copy or Automated   Multiple lawsuits/amendments       DFPS Case Worker
the facts of the case, proving the         Submission               per child abuse/neglect case
Department made diligent efforts to
avoid removing the child and the
justification for requesting the child’s
removal)

Outputs:
             Output                             Format                          Volume                           Recipients




TexDECK Functional Requirements                               Page 3 of 4                                                     8/7/2012
1.1 Assign Case
                                                                                Texas Office of Court Administration
                                                                                 TexDECK Functional Requirements



Process Name: Assign Case                                        Process Identifier: 1.1
Open Case                        Automated Case File             1 per child abuse/neglect case   District/County Court
Log Action                       Automated Register of Actions   1 per action                     District/County Court

Key Process Dependencies:                  Supporting Documentation:                Elapsed Time for Process Cycle:
This is the initiating process             Texas CPS Legal Process Overview         See Business Rule number 4 above

Laws, Regulations, and Policies That Govern Process:
Texas Family Code, Chapter 261, 262, 263
Texas DFPS Child Protective Services Handbook, 5000 Court-Related Services




TexDECK Functional Requirements                           Page 4 of 4                                                     8/7/2012
1.1 Assign Case

								
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