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This year, Texas legislators took decisive action in response to a troubled foster care system and a 12-year-long lawsuit regarding the endangerment of children in state custody. They implemented comprehensive reforms to the state agencies responsible for safeguarding vulnerable children who have been removed from their homes.
But legislators’ focus was less on conditions for children in the system and more on reducing the number of kids entering state care. The Legislature zeroed in on how child abuse investigations kick off and play out, making it harder for the Department of Family and Protective Services to remove children from homes, saying parents facing abuse accusations are entitled to more rights.
Lawmakers prioritized establishing new policies on investigations to prevent children from entering the system, while simultaneously focusing on implementing fundamental improvements for children already under the state’s care. An example of this is their requirement for the state to supply foster kids with duffel bags and backpacks, rather than trash bags, to facilitate the transportation of their belongings.
For several years, the state has been involved in a federal lawsuit due to its negligence towards the safety of children in state custody. In 2015, the judge presiding over the case highlighted that children leaving the system were more harmed than when they initially entered. Subsequent investigations by court observers have revealed instances of caretakers improperly administering psychotropic drugs, residential facilities failing to meet safety regulations, and a lack of monitoring child-on-child abuse by the state’s child welfare agency.
This year, there are significant bills aimed at regulating the state’s foster care system, with a primary focus on prioritizing the preservation of family units whenever feasible. The rationale behind this approach is to acknowledge and address the potential trauma experienced by children when they enter the foster care system. Consequently, caseworkers will be required to meticulously record their endeavors to maintain a child’s connection with their family. Furthermore, the state abuse hotline will cease accepting anonymous reports concerning parents, and parents accused of abuse or neglect will receive enhanced legal rights and representation.
“We’re in a period in history right now where things are swinging very much towards having the smallest possible system, really prioritizing parents’ rights,” said Sarah Crockett, the director of public policy at foster kid advocacy group Texas CASA.
It’s an approach supported by both social conservatives who tout family values and progressive child welfare abolitionists who want to do away with the system. At the state and federal levels, these child welfare advocates have backed policies that help children stay with their families and limit them from entering the foster care system.
Andrew Brown, a policy advocate at the conservative Texas Public Policy Foundation, noted that there has been a significant cultural change in the language being used, with a greater emphasis on family preservation. He expressed that there is a noticeable shift towards mainstream discussions regarding the harmful effects of removing children from their families.
The emphasis on parents under investigation is in line with a rapidly growing movement in the Republican Party, aiming to grant parents expanded rights in various areas, such as using tax dollars to support private school tuition and restricting the content of lessons provided by teachers.
However, there is some anxiety surrounding the restriction on the state’s ability to intervene, particularly in terms of when and how it can do so.
Crockett expressed that the current system causes distress and trauma for both children and parents. She firmly believes that we should make every effort to keep the child with their family. However, she acknowledges the unfortunate reality that child abuse continues to exist. Striking a balance between these two factors is not an easy task, as it involves complexities that make the situation extremely challenging.
Limiting how Texans make child abuse and neglect tips
Texans can currently file an anonymous tip about potential neglect or abuse with the state’s child abuse hotline or online report tool. The anonymity can protect those afraid of retaliation. Anonymous tips can also open the door for false reports, lawmakers have said. About 1,000 of the 12,473 anonymous reports made in 2022 led to findings of abuse, according to Texans Care for Children.
House Bill 63 ends anonymous reporting of child abuse or neglect, marking a sea change in how investigations are initiated. The bill will require DFPS to obtain the caller’s identity, though all reports will be confidential. It takes an extreme approach to weeding out false reports.
The upcoming law, set to take effect in September, is anticipated to result in a decrease in the number of tips received by the child abuse hotline and a reduction in the involvement of parents in child abuse or neglect investigations.
The bill got the governor’s support but faced some pushback during the legislative process. Sen. José Menéndez, D-San Antonio, raised concerns that an end to anonymous reporting would keep people from calling in reports of abuse.
“On the Senate floor, Menéndez expressed our collective desire to prevent any child from experiencing abuse or neglect. It would be deeply distressing if we were to endorse a policy that could potentially result in the tragic loss of a child’s life due to abuse or neglect.”
With the ban on anonymous reports, Texas joins at least 19 other states that already require mandatory reporters like teachers and day care employees to provide their names and contact information, either at the time of the initial oral report or as part of a written report, according to the federal Children’s Bureau.
Overhauling child abuse investigations
At the beginning of a child abuse investigation, child welfare investigators will initiate contact with the parents accused of abuse. Subsequently, the accused parents may undergo several rounds of interviews, drug tests, and home inspections.
Throughout the investigation, parents will be subjected to thorough scrutiny, as the result will determine whether the child remains in the family or is placed in the foster care system.
Under House Bill 730, caseworkers will have to notify parents accused of abuse or neglect of their legal rights, such as their right to an attorney and their right to refuse to answer questions. It’s similar to how police read Miranda warnings to criminal suspects.
According to Julia Hatcher, a family defense lawyer in Galveston, the foster care system exhibits an adversarial stance towards parents who are accused of abuse and neglect. Particularly, Hatcher points out that caseworkers adopt a similar approach to police officers when conducting investigations and interacting with families.
Hatcher stated that these individuals arrive and question parents, attempting to gather evidence through methods such as obtaining medical records, interviewing children, demanding drug tests, and issuing threats. He likened their behavior to that of a police officer, implying that if they choose to act in such a manner, they should be subject to the same expectations and obligations as law enforcement, including ensuring the protection of everyone’s rights.
Texas lawmakers have nodded to family preservation in prior sessions. In 2021, they passed House Bill 567 that barred DFPS from removing children in nonemergencies. The bill also established a new definition of neglect that prevented parents from losing their child solely because of marijuana use.
If a parent refuses to be interviewed by an investigator or denies an investigator entry to their home, the investigator can ask a judge for a court order requiring access. Under this year’s HB 730, DFPS will have to show probable cause, which requires more evidence than the current standard, to get that court order.
If DFPS investigators establish sufficient evidence of abuse or neglect, leading to the removal of a child from their family, the case proceeds to court and is presented before a judge. At this stage, parents involved in DFPS cases are entitled to legal representation if they are unable to afford one.
Senate Bill 2120 will require attorneys appointed to represent low-income parents to have certain qualifications. It was born out of a recommendation from the Texas Judicial Council, said Sen. Judith Zaffirini, D-Laredo, who authored the bill.
And for the judge to grant removal, the state will have to meet more checkpoints after this year’s session. House Bill 1087 will require the investigators to clearly document all reasonable efforts they made to keep the child with the family in court affidavits.
Elizabeth Spears, an attorney specializing in representing children and parents in DFPS cases, expresses concern over the prolonged duration that children enduring abuse may remain in their hazardous households.
She stated that the problem with the laws is that the threshold for removing a child is now set exceedingly high.
More state money for programs preventing abuse
Extra state dollars will go toward stopping child abuse and preventing families from interacting with Child Protective Services altogether.
The Department of Family and Protective Services has a specific division called prevention and early intervention programs. This division is dedicated to proactively addressing child abuse and neglect by providing wraparound services to families at risk throughout the state. These wraparound services may include parenting classes, in-home visits from nurses for expectant mothers, or short-term counseling.
According to Kate Murphy, the director of child protection policy at Texans Care for Children, the wing witnessed a remarkable increase in investments this year, amounting to $65 million. This surge can be attributed to an unprecedented state budget surplus.
Murphy stated that it conveys a distinct message that the Legislature prioritizes the safety of children by aiming to prevent their entry into the foster care system alongside their parents.
The eagerly anticipated funding has been authorized in conjunction with a legislation that relocates the prevention division from DFPS to the Health and Human Services Commission.
Senate Bill 24 is largely a governmental administrative move, but advocates say it indicates where the Legislature is headed — toward a whittling down of DFPS responsibilities to investigations and contract management. The agency is already in the process of outsourcing the management of foster kids’ cases to local, private providers through what’s called the community-based care model.
Crockett stated that there is a significant transformation happening in the child welfare system and the Department of Family and Protective Services (DFPS). DFPS will primarily focus on conducting investigations and supervising community-based care. Crockett believes that the agency has been burdened by scandals and difficulties for a prolonged period, and the Legislature is actively seeking ways to move away from constant crises towards a new approach.
For foster kids, bank accounts and duffel bags
Legislators adopted an alternative strategy to address the needs of children who were already in the foster care system, choosing to address certain areas of support that were lacking.
House Bill 3765 will require the state to provide every child a duffel bag or backpack once they have been removed from their homes. It cruised through the legislative process. The reality of the state’s most vulnerable children receiving only trash bags for their belongings was so disturbing that it was approved by a landslide.
It’s the first time a bill like it has been filed, but Rep. Josey Garcia, D-San Antonio, said it was long-awaited for former foster kids like herself. When Garcia was placed in her first foster home 35 years ago, she recalled being given a trash bag to contain her few belongings: a copy of the Bible and two outfits, one in pink and the other in blue.
Garcia, who experienced frequent changes in foster homes, expressed the profound impact of a small act like offering a cloth bag to these children. “You cannot fathom the extent to which you will touch the lives of these children who have been treated as insignificant,” Garcia explained. “Through this gesture, you are sending them a powerful message that they are valued beyond the mere disposal bags holding their belongings.”
About 39% of Texas foster kids experienced three or more placements in 2021, according to the Adoption and Foster Care Analysis and Reporting System. They may encounter dangerous conditions at these placements. Court monitors in the federal lawsuit against Texas have compared a handful of foster homes to “jail cells.”
For foster kids about to age out of the system, Senate Bill 1379 directs the state to help them set up checking and savings bank accounts. The legislation aims to help kids in state custody establish financial security as they transition to adulthood.
A large number of Texans were unable to receive the federal pandemic relief money intended for young adults who were previously in foster care, as they lacked the necessary bank accounts to deposit the stipend checks.
According to Murphy from Texans Care for Children, having a bank account can prevent individuals from securing specific job opportunities. Without a bank account, receiving payments through direct deposit may not be possible, which can be a hindrance. The purpose of this bill is simply to address this fundamental need.
Disclosure: Texans Care for Children and the Texas Public Policy Foundation have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
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