What to Expect for Child Welfare Funding in the 87th Legislature

The Department of Family and Protective Services (DFPS) recently released their Legislative Appropriations Request. In a typical legislative budget cycle, one would expect numerous exceptional items. However, with the current economic climate in the midst of a pandemic, DFPS’ approach to the budget is narrow in scope and only aimed at initiatives they consider to be most necessary.

It was most promising to see requests for investments in keeping families safely together and preventing removals. DFPS specifically included an exceptional item request for an additional $10 million investment in Prevention and Early Intervention (PEI) services, as well as a placeholder to discuss how to leverage the funding opportunities in the Family First Prevention Services Act (FFPSA).

DFPS also prioritized maintaining its current Child Protective Services operations to ensure they are keeping children safe and providing families with the supports they need. The other exceptional items included funding to comply with the decade-long federal lawsuit and to continue the momentum of expanding Community-Based Care.

Stay tuned for our analysis coming on this page soon!

How Will Texas Implement FFPSA?

Texas has moved one step closer to creating a state plan that leverages federal funding to prioritize prevention and family preservation.

In February 2018, Congress passed the Family First Prevention Services Act (FFPSA) which makes available a federal match for state investments in evidence-based and trauma informed supports to families at risk BEFORE a removal occurs. These services address the core drivers of child abuse and neglect including substance use, mental health, and parenting challenges. However, in order to successfully leverage this opportunity, state leaders have a number of crucial decisions to make.

Last legislative session, TexProtects championed Senate Bill 355 authored by Senator West which required the Department of Family and Protective Services (DFPS) to develop a strategic plan outlining how they intend to implement the provisions of FFPSA. That plan was released earlier this week.

DFPS’ strategic plan highlights the alignments between the goals of the Department and the goals of FFPSA and offers information and implementation options to support the budgetary decisions in the 87th legislative session that will largely determine the scope of FFPSA’s transformational potential. We applaud the prioritization of prevention and support of kinship caregivers in the state’s plan; however, the plan leaves many critical questions unanswered and may not do enough to target populations at risk of entering foster care.

For a quick overview of the top three items of good news in the plan and the top three areas of concern – see below.

First the good news:

  1. DFPS was awarded $50.3 million in Family First Transition Act funds to help implement the provisions of FFPSA and they intend to utilize $33.9 million of those dollars on prevention. They will be spending the rest of the funds on a Qualified Residential Treatment Program (QRTP) pilot and on IT changes.
  2. DFPS is investing in efforts to better serve informal kinship placements who don’t have as many supports. To ensure caregivers in informal kinship placements know what is available and can be better linked to services, DFPS has issued grants to four providers to complete needs assessments, evaluations, and pilots to support the development of a kinship navigator program. DFPS has also invested in training for 2-1-1 staff on the needs of kinship caregivers they plan to create a marketing campaign designed to ensure kinship caregivers are aware of the resources available to them through 2-1-1.
  3. The DFPS plan includes seven options for expanding prevention services, each with varying degrees of complexity and cost. Approximately half of these options capitalize on and expand the innovative and effective community networks that have been built through the Prevention and Early Intervention (PEI) division of DFPS. This is a smart solution that will enable Texas to quickly build on existing infrastructure to better support families.

Areas of concern within the DFPS plan include the following:

  1. The state stands to lose $26 million in Title IV-E eligible dollars per year unless there are increased placements available in family-like settings or a QRTP. This will need to be accounted for somewhere in the budget but must not be taken from children and families who are already receiving effective prevention services.
  2. 43% of families who have had an open Family Based Safety Services (FBSS) case have another case of child maltreatment within five years of completing services. DFPS’ definition of who is eligible for prevention services includes families participating in FBSS. While the children and families served by this stage of service naturally and most closely fit the broad federal eligibility criteria of children who are at imminent risk of entering foster care, DFPS acknowledged in this plan that many of the provided services are not evidence-based and do not meet the FFPSA standards. To use this funding as intended will require a significant shift in mentality and accountability for the quality and outcomes of services offered to families in FBSS.
  3. DFPS can define who is eligible for prevention services; however, their suggested definition only captures families who are already engaging with the system. Their definition includes families with an open FBSS case, children who have already been in care but are now are at risk of placement disruption or re-entry, and pregnant and parenting youth in Child Protective Services (CPS) custody. There is room for improvement here to consider other populations at risk as well as more upstream options that support families BEFORE they have an open case and CPS involvement.

Now, it is up to lawmakers to decide the best way to move forward, and the potential impact on children and families will largely be decided on their willingness to prioritize prevention and family preservation. Be on the lookout for the release of our FFPSA Brief that will outline this federal legislation and the Texas plan in more detail later this month.

Providing Input to the DFPS Legislative Appropriations Request

TexProtects collaborated with the Child Protection Roundtable to provide budget input to the state

TexProtects has been working with our partners as part of the statewide Child Protection Roundtable to understand the effects of this pandemic on children and families, the possible fiscal implications, and the history of legislative budget cuts and their impacts in the past during times of economic challenges.

The Department of Family and Protective Services (DFPS) Legislative Appropriations Request (LAR) is the budget request made from the Department to the Legislature which details the funds that will be needed to continue their services for the next biennium. This LAR includes the projected budgets for Prevention and Early Intervention, Statewide Intake, Child Protective Investigations, Child Protective Services, and Adult Protective Services. One of TexProtects’ main focuses on providing input for the LAR was looking at prevention dollars.

Historically, when child abuse and neglect prevention funding has been cut, more money has ultimately been spent longer-term and there have been more confirmed child abuse victims. This is not wise-investment and not right for the children TexProtects aims to protect. We know there are strategies that work, and we worked thoughtfully and carefully with our partners to lay those out in our recommendations for the DFPS LAR.

Read the full Child Protection Roundtable DFPS LAR input below.

May 29, 2020

On behalf of The Child Protection Roundtable (CPRT), a consortium of statewide advocates, research organizations, health and education interests, direct service providers and other key stakeholders from over 50 organizations with child protection expertise, we greatly appreciate the opportunity to provide recommendations for the FY2022-2023 biennium Legislative Appropriations Request (LAR) of the Texas Department of Family Protective Services (DFPS).

The Child Protection Roundtable serves as a convener for member organizations engaged in child welfare which share a child-centered, common vision and leverage data, resources and strategy to achieve more progress collectively than could be achieved individually. The Child Protection Roundtable works in partnership with DFPS, the state legislature, and other stakeholders to improve the safety, health, and well-being of children.

More specifically, the goal of the Child Protection Roundtable is to be the leading voice and driving force in child protection public policy and governmental action in Texas that:

  • Helps prevent child abuse and neglect before it occurs;
  • Ensures protection and well-being of children and youth who come into state care; and
  • Heals the ongoing trauma and other adverse consequences experienced by children and youth as the result of maltreatment.

In light of the public health crisis that has left so many in our state economically unstable, investment in the safety of our children at risk and in vulnerable situations must remain a priority. Please consider the following LAR recommendations for prevention and early intervention, supports for transition-age youth and young adults, children with developmental disabilities, Community-Based Care (CBC), CPS workforce, implementation of a trauma-informed system, and the Family First Prevention Services Act (FFPSA). In several instances, we have recommended increased investment; however, we would not want any of these increases to come at the expense of reduced investment in any of the other areas as they are all important to the overall system and the infants, toddlers, and children of all ages, and families, being served.

Prevention and Early Intervention

To break the cycle of child abuse and neglect and reduce the long-term strain on our child welfare system, we need to break the cycle of cutting child abuse prevention funds under DFPS’ Prevention and Early Intervention (PEI) division in times of fiscal challenge. Given the depth and breadth of the economic recession underway, coupled with stay-at-home orders and recommendations, we know from history that child abuse is likely occurring at higher rates even though reports may temporarily be down.

When the FY2004-2005 prevention budget was cut in 2003 by 35%, we saw a 20% increase in confirmed child abuse victims between 2004 and 2005. Once again, after the Great Recession in 2008-2009, we saw a 44% increase in confirmed victims in 2011. Maintaining our investment in prevention and early intervention is our best hope for avoiding yet another spike in abuse, associated costs, and strain on the CPS system.

Given the social isolation and increasing stress and risks for families due to COVID-19, the work of strengthening families and ensuring child safety must begin before a crisis occurs. Economic instability, domestic violence, substance use, and mental health challenges are highly correlated with increased risk for child abuse and neglect.  While mitigating the health effects of the virus is primary, these longer-term risks will continue to affect families and child safety for years to come. As such, investment in the front end of the system is needed now more than ever.

The investments made in these prevention networks are critical lifelines of support during this crisis and should continue to be rolled out through existing contracts with community providers. These prevention services will keep children safe now and save the state money later, with an average return of investment between $1.26-$8.08. Further investment in family preservation, or secondary prevention, also saves money.

As noted by the DFPS 2018 Prevention Task Force Report, “Diverting 5% of families from Family Based Safety Services (1786) would save the state more than $9.4 million. Preventing 3% of removals (593) would save upwards of $20.3 million.”

The Child Protection Roundtable encourages the state to continue to increase investment in primary prevention programs through PEI to prevent child abuse and neglect, strengthen and support families, increase connections to community resources, and decrease truancy and delinquency for older youth. The current PEI strategic plan indicates that to adequately protect families, a 20% increase in prevention funds is needed every biennium. Currently, DFPS allocates 5% of their budget to the PEI division.

To preserve families and decrease the number of children entering the child welfare system, the state should preserve and increase investments in the following:

  • Healthy Outcomes through Prevention and Early Support (HOPES)
  • Helping Through Intervention and Prevention (HIP)
  • Texas Nurse-Family Partnership (TNFP) and Texas Home Visiting (THV)
  • Family and Youth Support (FAYS)
  • Military Families and Veterans Pilot Prevention Program (MFVPP)

These programs have established infrastructure and community contracts/networks that can be leveraged to quickly and efficiently deliver proven programs to families who choose to enroll. To cut these programs would result not only in increased risks for children and long-term costs to the state, but local nonprofits and networks would be threatened, leaving even more Texans out of work and the state without a system by which to empower community family support and prevention programs.

Transition-Age Youth and Young Adults

The Child Protection Roundtable encourages DFPS to increase support for transition-aged youth and young adults. As DFPS has noted in the LAR for the current biennium, “[w]ithout such consistent services, youth are more likely to be involved in the criminal justice system, are at higher risk of teen pregnancy and parenting, have lower reading and math skills and high school graduation rates, are more likely to experience homelessness, and have higher rates of unemployment and likelihood of long-term dependence on public assistance.” Most services for older youth are federally funded through the Chafee program, which requires a 20 percent state match. The Chafee program allows DFPS to offer services that help youth and young adults pursue their education and employment, secure housing, and meet many other needs they have as they transition into adulthood. Unfortunately, DFPS has not had the funding to meet the projected needs of this population and those needs have increased substantially with the COVID-19 pandemic. The state should invest more in these youth and ensure youth who age out of care are able to succeed and receive support when they face crises.

Children with Developmental Disabilities

The Child Protection Roundtable supports ensuring access to long-term services and supports to children with developmental disabilities and their families in lieu of relinquishment of custody. These vital long-term services and supports include Medicaid-funded Community First Choice, behavioral supports, personal care services and Medicaid waivers. For its part, DFPS should provide access to training for families on how best to support the mental health needs of their children with developmental or intellectual disabilities, ensure Prevention and Early Intervention (PEI) programs assist families of children with developmental disabilities to access needed long-term services and supports, and comply with the Texas Promoting Independence Plan by seeking funding for Medicaid waivers for children currently living in DFPS-funded General Residential Operations so children with developmental disabilities can either return home, or move to a family-based alternative setting. Further details on these requests are set forth in EveryChild’s separate submittal of input to DFPS.

Community-Based Care

The Roundtable encourages DFPS to request full funding for continuing Community-Based Care (CBC) operations and contractual commitments in the present CBC catchment areas and to support the continued expansion of CBC during the upcoming FY2022-23 biennium. CBC has demonstrated early promise during Phase I service delivery and recently began to move into Phase II case management in the first of the four catchment areas under contract. As CBC moves forward into further phases and additional catchment areas, it will be important for DFPS to have the necessary resources to advance multi-contractor system characteristics such as data management and interoperability. It will also be important for DFPS to have the resources and supports to assure accountability and transparency to all system stakeholders, building further confidence that CBC is achieving its promise, as we all hope will prove to be the case. To the extent the present level of available resources is not sufficient to achieve these vital needs, the Child Protection Roundtable encourages DFPS to request those resources and will support those requests.

CPS Workforce

CPS workers perform selfless work for children and families in the child welfare system, even under normal circumstances. However, in the midst of COVID-19, CPS workers have had to make dramatic adjustments in how they work with families. When the rest of us have been told to stay home and stay safe, CPS workers have been asked to go out and keep other families and children safe. In addition to adjusting their practice, CPS workers are facing some of the most challenging cases of their career as COVID-19 has only amplified the stressors and challenges in many families who were already struggling. To effectively ensure child safety, the CPS workforce must be adequately supported, including the provision of appropriate supports to address their own mental health needs resulting from secondary trauma.

Texas has worked hard to improve salaries and reduce caseloads the past few years. It is vital that caseworkers have the ability to provide families and children in care with targeted case management.  Cuts to CPS funding and salaries will result in more turnover and retention issues and will directly equate to declining outcomes for children and youth in care. The Child Protection Roundtable urges DFPS to continue investing in the CPS workforce by maintaining funding for their salaries and benefits and expanding secondary trauma services such as counseling complimented by debriefing with trained supervisors who can recognize the signs of secondary trauma and can refer for help when needed.

Trauma-Informed System

The Child Protection Roundtable supports DFPS’ continued leadership efforts to transform the Texas child welfare system into a trauma-informed and trauma-responsive system. DFPS was a leading partner in helping to develop the report Building a Trauma-Informed Child Welfare System: A Blueprint as part of the Statewide Collaborative on Trauma-Informed Care (SCTIC). There is broad support among Child Protection Roundtable membership and other stakeholders for ongoing efforts to improve training and use of trauma-informed practices throughout the child welfare system. There is also a clear understanding of the benefits of trauma-informed practices for children, families, and other system participants. The work of the SCTIC continues with the Implementation Taskforce, including the adoption of a DFPS rule to define trauma and trauma-informed care, and the creation of a website as a centralized location for information on trauma. The Child Protection Roundtable supports DFPS maintaining this priority in planning and budgeting for the next biennium.

Family First Prevention Services Act

The Child Protection Roundtable recommends that DFPS include adequate funding for successful implementation of the Family First Prevention Services Act (FFPSA) in its LAR Request. This funding should maximize opportunities to keep more children safely with their parents, prioritize placing more children in family-based foster care settings, and improve the quality of congregate care, especially in Residential Treatment Centers.

The DFPS LAR should include a placeholder for state funds needed to pull down a federal match to cover services that will prevent children from entering the Texas foster care system. DFPS should ask for state funds needed for more evidence-based substance use disorder, mental health, and in-home parenting skill building services. About 1.6 million Texans have lost health insurance during COVID-19 so far, meaning they might have lost access to mental health medications or other critical services that support children and their caregivers. During this difficult budget time, we encourage DFPS to maximize FFPSA dollars to help families at risk of having their child removed and placed in foster care. These investments will not only help families get through these difficult times, but they will also save money down the road in the budgets for CPS and other state services.

While crafting its LAR, DFPS should protect existing federal reimbursement for foster care placements by prioritizing strategies that would move children out of congregate care into family-based settings. When the FFPSA takes effect in Texas on October 1, 2021, Texas is at risk of losing federal reimbursement for its congregate care providers. The Child Protection Roundtable especially encourages three strategies:

  • Establish a kinship navigator program using FFPSA dollars to enhance support for kinship caregivers, who accounted for more than half of Texas’ placements during FY19;
  • Request funding to recruit more foster homes and anticipate increases in licensed foster homes resulting from the FFPSA requirement to align Texas’ minimum standards with the new model licensing standards, which may remove or reduce some barriers to licensure; and
  • Shift funding to Treatment Foster Family Care to serve more children with high needs in family-based settings. The Roundtable also encourages DFPS to ask the legislature to expand eligibility for Treatment Foster Family Care to older youth. Treatment Family Foster Care is only available to children under 10, and about 90 percent of children and youth in Residential Treatment Centers were 10 and older in FY19.

DFPS should also protect existing federal funding by elevating the quality of Residential Treatment Centers by requesting funds for enhanced provider rates and start-up grants to incentivize providers to meet the FFPSA’s Qualified Residential Treatment Program standards.

Federal Pandemic Emergency Assistance

We acknowledge the considerable recent and ongoing federal activity directed toward providing emergency aid and support to states in responding to the global pandemic, and we hope DFPS will take full advantage of these supplemental resources for their intended purposes as they are enacted and thereafter disbursed. Most if not all of the areas of concern addressed in this letter have been impacted by the pandemic, and our hope is that these supplemental resources will help Texas make continued progress across the child welfare system, building on the momentum of the past three sessions.

Conclusion

Thank you again for the opportunity to provide input on the DFPS LAR for the FY2022-2023 biennium and for the dedication of DFPS to the safety, health, and well-being of the children and families of Texas. We look forward to our continued partnership and a productive 87th Texas Legislature. For any questions or concerns, please contact Knox Kimberly at knox.kimberly@upbring.org or (512) 567-6929.

How To Get Involved During the Interim

Your Voice – and Action – Matters Between Legislative Sessions

As summarized in our last blog post on the legislative interim, the work toward next session really does begin now.

During the interim, legislators and their staff spend more time in both their district and capitol offices, which means they have more bandwidth and availability to develop relationships and learn more about topics of interest. The voice that matters most to legislators, is the voice of their constituents. So while the work of session can often seem complicated, overwhelming, and better left to the professionals (which it’s not!), the interim is the period in which local providers, stakeholders, parents, teachers, and YOU can use their voice to speak up for Texas kids.

Keep this in mind while bending the ear of a legislator: You don’t have to be an expert. You don’t have to understand the political system. You don’t have to know all the data inside and out. This is where the support and expertise of TexProtects can come into play – but we need you to tell your story and why it matters.

To speak to your district’s policymakers, you simply have to share your values (and it certainly helps understand theirs!), experiences, knowledge, and the issue/topic to which you’re passionate. Then, let them know that their community is expecting them to deliver in ways that are meaningful. In our case – that is keeping kids safe and empowering our families to thrive.

Maybe you have ideas about what needs to change regarding the issue at hand. Maybe you have some ideas about solutions – even better! Maybe you have personal experiences with children or families that you know will provide a compelling narrative and is the extra push needed to see change happen. If you follow the work TexProtects does, if you are reading this blog, if you engage with us on social media, you definitely have a story and a connection to your community that could deepen and inform the conversation around how to make meaningful change in child welfare.

If you’re ready to get involved, here are few ways you can begin:

  • Find out who represents you and find a way to get to know them and their staff.
    • Go to a campaign event or a town hall.
    • Schedule a visit to talk about topics of interest.
    • Invite them to an event that highlights critical issues and programs to build investment.
  • Attend an event! TexProtects holds community events through the state year-round on child protection related issues. Check our website for any upcoming events.
  • Join local and statewide collaboratives on your areas of interest to amplify your voice and inform your positions. For example, TexProtects provides leadership for the following collaborations: TexProtects Public Policy Committee, Texas Prenatal to Three Collaborative, the Child Protection Roundtable, and the Home Visiting Consortium. Contact beth@texprotects.org if you are interested in more information about those collaboratives.
  • Write a letter of thanks to legislative champions. Everyone appreciates a thank you and unfortunately, our policy makers often hear from their constituents only when they are unhappy. Take time over the interim to thank your legislator for their public service and take the opportunity to point out a child protection bill from last session that they supported. You can use our end of session report to get a list of important bills from last session. Texas Legislature Online will let you search for a bill to see who voted for it, what actions were taken toward it, and the language of the bill. If you need assistance, contact jennifer@texprotects.org. TexProtects would be glad to help you draft the letter or determine which bills might be relevant to mention.
  • Be sure you are signed up for our newsletter and advocacy alerts (sign up in the orange box on our home page and connect with us on social media (Facebook, Twitter, and Instagram) to stay up to date on the latest child welfare news  and state and federal policy. We will let you know when there is an important hearing so that you can attend, stream online, or provide written or oral testimony.
  • Have a policy idea related to child protection? We want to hear it!

If you hit a roadblock or need a cheerleader, a contact, or a data point, please don’t hesitate to reach out, we are here to help.

The Work Toward Next Session Starts Now

The 86th Interim Committee Charges and Child Protection

The Texas Legislative Session takes place for 140 days every two years; but it may be a misconception to call it a part-time legislature. The laws passed during the session are the result of work that starts during the interim – the more than one-and-a-half years between the end of one session and the beginning of another.

Although the legislative session gets the majority of the attention, it’s important to understand the significance and opportunities of the interim. During this time, advocates strengthen relationships with legislators and their staff and educate them on issues that will inform their work and the bills they support the following session.

The Governor and the Lieutenant Governor kick off the interim with charges that instruct committees in the House and Senate on what to monitor and examine before the next session. The committees engage in discussions, research and hold public hearings to produce an interim report, inclusive of recommendations forthe next legislature. Charges typically include directions to monitor the implementation of bills passed by the previous legislature as well as directives toward emerging priorities and issues.

Lt. Governor Dan Patrick released Senate charges on Oct. 30, 2019. Most of the charges that affect child protection went to the Senate Health and Human Services committee chaired by Sen. Lois Kolkhorst (R-Brenham). Child protection related charges in the Senate include the following:

Rural Health:

  • Examine and determine ways to improve health care delivery in rural and medically underserved areas of the state.
  • Determine whether additional funding provided during the 86th Legislative Session has helped to ensure more accessible and quality health care in rural areas.

Strengthening Families:

  • Examine Department of Family Protective Services (DFPS) procedures and grounds for placing a child into the child welfare system and the termination of parental rights.
  • Make recommendations on ways to protect children who are involved with the child welfare system while preserving families under state law.
  • Identify ways faith-based and other community organizations can assist in preserving or reunifying families involved with the child welfare system.

Monitoring:

  • The continued implementation of Senate Bill 11 (85th Legislature) and Community-Based Care by DFPS,
  • Child Care Quality and Safety, and
  • Maternal mortality and infant health initiatives, including the women’s health programs administered by the Health and Human Services Commission (HHSC).

On the House side, this interim has presented some unique challenges. The first few months of the interim were disrupted by a political scandal involving Rep. Dennis Bonnen (R-Angleton) that resulted in his decision to resign his seat, which he has held since 1997. This also means he is leaving his position as Speaker of the House for the next session. This creates some challenges; there is less clarity about leadership and priorities for next session. But there also is an opportunity for the House Committees to pursue their work during the interim given more autonomy.

Adding to challenges in the House is the absence of Rep. John Zerwas (R-Richmond), a longtime House member and chair of the Appropriations Committee – and a dear champion for child protection issues. He will not be seeking reelection – leaving a vacancy on that committee that only the Speaker of the House can fill. With new leadership, every week counts. The Appropriations Committee typically spends the 18 months between sessions to prepare the budget. This year’s budget exceeded $200 billion and the budget is the only bill that every Legislature is required to pass. The appointment of the Appropriations chair will be critical to the political dynamics and the efficiency of the House during this interim.

Challenges aside, Speaker Bonnen released his full list of more than 200 interim charges on Nov. 25 of 2019.

House Charges related to child protection spread across several committees including Appropriations, Human Services, Public Education, Public Health and others. In addition to monitoring charges related to many of the child protection bills from last session, TexProtects is particularly excited that the House is studying the following topics over this interim.

Early Childhood Brain Health:

  • Examine state investments in the health and brain development of babies and toddlers including Early Childhood Intervention and other early childhood programs for children in the first three years.
  • Evaluate opportunities to boost child outcomes and achieve longer term savings (Appropriations Article II subcommittee).

Family First Prevention Services Act:

  • Review how Texas is preparing for state and federal budgetary changes that impact the state health programs including the Family First Prevention Services Act (joint charge for Appropriations Article II and Human Services Committee).

Community Based Care:

  • Monitor the implementation and expansion of Community Based Care by DFPS (joint charge for Appropriations Article II and the Human Services Committee).

Monitoring:

  • Former Foster Youth and Post-Permanency Care (HB53, HB72, HB123, HB1702),
  • Child Care Quality and Safety (SB568, SB569, SB706, HB680),
  • Behavioral Health in Schools (HB18, HB19, HB906),
  • Maternal and Child Health (HB253, SB436, SB748, SB749), and
  • Rural Health (SB633, SB670).

As lawmakers return from the holiday break, the committees will begin posting notices for hearings on these charges. Stay tuned for our next blog in this series which will outline ways that you can get involved and work alongside TexProtects to ensure that every child (and their family) is safe, nurtured, and resilient.