Topic: Legislative

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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.

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87th Texas Legislative Session Wrap Up

Smart solutions to child abuse and neglect were put forward by TexProtects during the legislative session, including accomplishments, missed opportunities.

View the Report.

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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.

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New Push For TX Lege to Support Babies, Toddlers, and Their Parents

For Immediate Release

Austin – Today three Texas nonprofit organizations announced a new effort to work with the Texas Legislature and other state leaders to increase the number of infants and toddlers who are healthy, supported, and arrive at school ready to learn. While Texas is home to 1 in 10 of our nation’s children, our current policies are not doing enough to support them, as Texas ranks in the bottom 10 for child well-being in the country. Despite the overwhelming evidence that a child’s first three years are critical for brain development and set the foundation for a child’s future, Texas does not invest enough to ensure infants, toddlers, and their families can access the health, education, care, developmental, and other services they need to set them on a path to success.

The new project, called the Texas Prenatal to Three (PN-3) Collaborative, is developing policy solutions to address these challenges. Three of the state’s leading children’s policy advocacy organizations — TexProtects, Texans Care for Children, and Children at Risk — are spearheading the new project. The Collaborative has the backing of over 110 partner organizations across the state. The Pritzker Children’s Initiative has awarded a generous $2.5 million three-year grant to the Texas PN-3 Collaborative in support of the Initiative’s work to increase access to critical education, health, social, developmental, and economic services for low-income infants and toddlers and their families.

COVID-19 has presented immense challenges to Texas families, from job loss or depressed wages to social isolation from support networks of families and friends. Now, more than ever, it is critical to support our youngest Texans and their families and connect them to the resources they need to be safe, stay healthy, and get ready for school.

The Texas PN-3 Collaborative will pursue a strategic agenda, known as The Texas Plan, to increase access to high-quality services for at least 300,000 low-income infants and toddlers and their families by 2026. The Texas Plan builds on and aligns with existing policy efforts and initiatives in the state. The Texas Plan focuses on the following three key areas:

  • Increasing the quality of and access to prenatal and postpartum health services for low-income mothers and health services for low-income infants and toddlers.
  • Increasing the number of low-income infants and toddlers and their families who are screened and successfully connected to necessary services, such as intensive home visiting or Early Childhood Intervention (ECI) for children under three with disabilities and developmental delays.
  • Increasing access to high-quality child care programs serving low-income infants and toddlers.

“Experiences during the first few years of childhood provide the foundation for the rest of our lives,” said Stephanie Rubin, CEO of Texans Care for Children, which is leading the Collaborative’s work on access to health services. “To make sure babies and toddlers get off to a strong start in life, one of the key steps the Legislature needs to take is reducing the uninsured rate for children and mothers.”

“Texas is home to 1.2 million infants and toddlers below the age of three, nearly half of whom are low income,” said Mandi Kimball, Vice President of Children at Risk and Director of Public Policy and Government Affairs. “This grant provides an incredible opportunity to better coordinate and align our early childhood systems to support families and give infants and toddlers the strong foundation they need to thrive later in life.”

“We are truly at the cusp of a PN-3 moment in our state,” explained Sophie Phillips, CEO of TexProtects. “Between the state’s Early Learning Strategic Plan, strong supporters of early childhood in the Texas Capitol, the Texas Early Learning Council, the considerable leadership in community early childhood coalitions, and the Texas PN-3 Collaborative, which acts as an umbrella organization for communities, advocates, and direct service providers, we are confident that we can make a positive impact on the systems and services that support our youngest, and make Texas the best place to be born.”

Texas is one of eleven states selected for funding by the Pritzker Children’s Initiative, as part of a competitive grant process.

About the Pritzker Children’s Initiative (PCI)

The Pritzker Children’s Initiative is a project of the J.B. and M.K. Pritzker Foundation focused on increasing the number of young children who arrive in school ready to learn and succeed. More information about PCI can be found here.

# # #

For interviews, please contact:
Andrea Payne
Prenatal to Five Advocacy Manager
TexProtects | Champions for Safe Children and Texas Chapter of Prevent Child Abuse America

andrea@texprotects.org
Cell (214) 534-4064
www.texprotects.org

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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.

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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.

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How Did Behavioral Health & Trauma Fare in the 86th Texas Legislature?

DID YOU KNOW?

  • Behavioral health is a term used to refer to the connection between physical and mental health and a person’s behavior
  • At least 25% of Texas children have experienced multiple adversities that are likely affecting their ability to succeed at school.
  • Half of all mental health conditions have presented before age 14.
  • 68% of removals in 2017 were related to parental substance use.

Welcome to the fourth and final part of our look at how child protection legislation fared in the 86th Texas Legislature. We began this series in May with our top-priority bills, followed by an examination of prevention and early intervention legislation and child protection systems.

Today’s post looks at bills affecting behavioral health and trauma. For a PDF version of this post, click here.

Behavioral Health and Trauma Background

Challenges with mental health can be both a cause and a consequence of early childhood adversity. Therefore, both prevention and healing require adequate systems of care to ensure children and their parents have access to mental health care and services that incorporate trauma-informed approaches that can be both healing and protective.

In the 86th Legislative Session and in the wake of the shooting at Santa Fe High School and Hurricane Harvey, the momentum around school safety and trauma offered an opportunity to take a meaningful look at the capacity issues in our communities and the ways in which our schools might better facilitate access to care and incorporate strategies that allow children with a trauma history to engage productively and thrive.

Schools are often the first point of contact for students with behavioral health issues, and undiagnosed mental health conditions can negatively impact the academic performance, behavior, and school attendance of students.

Like all diseases, care works best with early intervention when symptoms are less severe and there is less need for more intense treatments, specialists, and medications. However, most schools lack adequate training or staff to address student needs, and most communities in Texas have a shortage of mental health and substance use providers to which families and children might be referred for treatment.

Stress and trauma, both acute (e.g. Hurricane Harvey) and chronic (e.g. abuse/neglect), can place children in “fight or flight” mode. This course overwhelms the brain, including its stress hormone cortisol, and impairs a child’s ability to self-regulate and engage in higher-order thinking. These adverse childhood experiences can disrupt normal development and lead to a higher risk of both mental challenges (e.g. depression and suicidality) and physical challenges (e.g. heart disease and stroke) throughout the lifespan. However, the negative impacts can be mitigated if students are equipped with protective factors through healthy relationships, safe environments and access to care, when needed.

Behavioral health care investments and programs are spread across state agencies including:

  • Health and Human Services Commission
  • Department of State Health Services
  • Department of Family and Protective Services
  • Texas Department of Criminal Justice
  • Texas Juvenile Justice Department
  • Texas Education Agency
  • Texas Department of Housing and Community Affairs
  • Texas Veterans Commission
  • Texas Workforce Commission

In addition to state entities, behavioral health services are provided at the local level in jails, hospital emergency departments, schools, local mental health authorities, various nonprofit agencies, public health clinics and other settings, with people frequently moving between service systems.

The goal of behavioral health policies is recovery. Recovery is an ongoing process that enables individuals to mitigate the negative effects of their challenges and trauma and become empowered to make beneficial choices, engage in healthy relationships and create a successful life.

Behavioral Health in the 86th texas legislature

Top-Priority Bills Passed

House Bill 1 – The General Appropriations Act

Champions: Sen. Jane Nelson and Rep. John Zerwas

HB 1 funding for behavioral health includes programs or services directly or indirectly related to the research, prevention, or detection of mental disorders and disabilities, and all services necessary to treat, care for, supervise, and rehabilitate persons who have a mental disorder or disability, including persons whose mental disorders or disabilities result from alcoholism or drug addiction. Funding for behavioral healthcare to support programs at 23 state agencies and associated costs within Medicaid and the Children’s Health Insurance Program total $7.8 billion for 2020-2021. Some of these services include:

  • funding for inpatient client services at state hospitals and community hospitals;
  • deferred maintenance projects at state mental health hospitals;
  • outpatient services provided through local mental health authorities and local behavioral health authorities;
  • substance abuse prevention, intervention, and treatment services for adults and children;
  • mental healthcare and substance abuse treatment for incarcerated offenders;
  • mental healthcare services for veterans; and
  • Mental Health Care Consortium.

Some notable increases in investment are found in the table below:

Behavioral Health2020-21 Base BudgetAdditional Investment and House Bill 1 FINAL% Difference
Department of Family and Protective Services for Purchased Client Services$52.8 million$24.4 million; $77.3 million total46.2% +
Health and Human Services Commission$3 billion$303.7 million; $3.3 billion total10.3% +
University of Texas Health Science Center at Tyler$8 million$5.5 million; $13.5 million total68.3% +
* Higher Education Coordinating Board$0$100 million total100% +
Department of Criminal Justice$515.8 million$9.8 million; $525.6 million total1.9% +
Juvenile Justice Department$175.5 million$3.6 million; $179.1 million2.0% +

*Funds available to the newly created Texas Mental Health Consortium to be distributed to health-related institutions of higher education for expanding the mental health workforce and for psychiatric fellowships. The Consortium is created through SB 11.

Safe and Healthy Schools Initiatives

Funding for school safety programs includes an additional $343.5 million to expand children’s community mental health, grants to mental health professionals at local mental health authorities provided by HB 19, school safety infrastructure enhancements, a new school safety allotment provided by SB 11; school district reimbursement of post-disaster expenditures, and customized school safety programming and other services.

HB 18 – Trauma Informed Schools

Champions – Rep. Four Price & Sen. Kirk Watson

HB 18 will increase awareness of mental health among public school students and educators, reduce the stigma of mental health issues, and provide more resources on mental health and substance abuse for educators. Through integration in district policy, staff training and continuing education requirements, HB 18 ensures that school staff are adequately trained to understand the impact of trauma on students, implement strategies to minimize the negative impacts, and maximize academic opportunities in an environment of safety and connection, making referrals when needed and with parental consent.

Other Priority Bills Passed

TexProtects Goal – Address students’ mental health needs by increasing access to care and implementing trauma-informed approaches in school environments

House Bill 19 – Rep. Four Price / Sen. Kirk Watson

HB 19 requires local mental health authorities to employ a nonphysician mental health professional to serve as a mental health and substance use resource for school districts. These professionals will act as a resource for school district personnel by
helping increase awareness of mental health and co-occurring mental health and substance use disorders, assisting with the implementation of mental health or substance use initiatives under state law or agency rules, and ensuring awareness of certain recommended programs and practices and treatment programs available in the district. The bill will also require the professionals to help personnel facilitate on a monthly basis training regarding mental health first aid, the effects of grief and trauma, and prevention and intervention programs that will help students cope with pressure to use illicit substances.

HB 811 – Rep. James White / Sen. royce West

HB 811 requires that school districts take into consideration whether a child is in the conservatorship of the state or is homeless when making decisions concerning disciplinary actions including suspension, removal to a disciplinary alternative education program, expulsion or placement in a juvenile justice alternative education program, regardless of whether the decision concerned a mandatory or discretionary action.

HB 906 – Rep. Senfronia Thompson / Sen. Beverly Powell

HB 906 establishes the Collaborative Task Force on Public School Mental Health Services to study and evaluate state-funded mental health services provided at school districts or open-enrollment charter schools. The task force will also evaluate mental health services training provided to educators and the impact of the provided mental health services. The task force will share its findings and recommendations with the governor, lieutenant governor, House speaker, and the TEA by Nov. 1 in each even numbered year until 2025.

SB 11 – Sen. Larry Taylor / Rep. Greg Bonnen

SB 11 is the 86th Legislature’s answer to increasing school safety. It includes many provisions related to safety, security, and emergency preparedness and response. In addition, the bill requires a trauma-informed care policy to address methods for increasing staff and parent awareness of trauma-informed care and the implementation of trauma-informed practices and care by district and campus staff. The policy will also address available counseling options for students affected by trauma and grief. In addition, SB 11, amended with language from Sen. Nelson’s SB 10, creates the Texas Child Mental Health Care Consortium to leverage the expertise and capacity of the health-related institutions of higher education in order to address urgent mental health challenges and improve the mental health care system in this state in relation to children and adolescents.

SB 712 – Sen. Eddie Lucio Jr. / Rep. Morgan Meyer

SB 712 provides guidance by naming extreme aversive interventions that may not be used on any student, under any circumstances. By clarifying what behavior modification techniques are prohibited and providing direction on positive alternatives. SB 712 will improve the safety and wellbeing of students, especially those with special needs. The companion to this bill is HB 3630.

TexProtects Goal – Improve access to mental health care, substance use prevention and treatment, and evidence-based treatments and approaches for survivors of childhood adversity

HB 2813 – Rep. Four Price / Sen. Jane Nelson

HB 2813 ensures the continued existence of the Texas Statewide Behavioral Health Council by codifying it in statute. The council is charged with developing and monitoring the implementation of a five-year statewide behavioral health strategic plan and developing a biennial coordinated statewide behavioral health expenditure proposal. This work helps state agencies coordinate and reduces duplication of services, improves the quality and accessibility of services, and saves taxpayer dollars.

SB 429 – Sen. Eddie Lucio, Jr. / Rep. Eddie Lucio III

SB 429 requires the Statewide Behavioral Health Coordinating Council, under the direction of the Health and Human Services Commission (HHSC), to develop a comprehensive plan to increase and improve the workforce in Texas to serve individuals with mental health and substance use issues. By Sept 1, 2020, HHSC will need to start implementing the plan.

SB 633 – Sen. Lois Kolkhorst / Rep. William Lambert

SB 633 requires HHSC to form local mental health authority (LMHA) groups in rural areas and develop a mental health services development plan for each group. Public mental health services are primarily provided through HHSC contracts with LMHAs. These entities provide or arrange crisis, community mental health, and substance use services; jail assessments; and services for individuals with intellectual and developmental disabilities. This bill increases service access, especially in rural counties, by requiring regional coordination and planning to reduce government costs and negative impacts to individuals in crisis.

SB 821 – Sen. Jane Nelson / Rep. Four Price

SB 821 amends a children’s advocacy center’s duties and a multidisciplinary team’s membership and response. These centers assess victims of child abuse and their families to determine their need for services related to the investigation of child abuse and provide those services. This bill updates the Family Code to more clearly align statute with current practices, standards, services, and operations of children’s advocacy centers, increase accountability, and strengthen access to services.

SB 1177 – Sen. JosÉ Menéndez / Rep. toni Rose

SB 1177 permits a Medicaid Managed Care Organization to offer medically appropriate, cost-effective, and evidence-based services from a list approved by the state Medicaid managed care advisory committee and included in the contract in lieu of mental health or substance use disorder services specified in the state Medicaid plan. This will provide flexibility to providers and access to evidence-based and cost-effective services without additional cost to the state.

SB 1564 – Sen. Royce West / Rep. Stephanie Klick

SB1564 aligns Texas Medicaid policy with federal law by using the federal definition of a “qualifying practitioner.” This will allow more practitioners to prescribe and be reimbursed for buprenorphine, a common medication-assisted treatment for substance use disorders. Currently, a large number of Texans who have a substance use disorder do not have access to providers who are able to prescribe them the common opioid antagonist buprenorphine.

Missed Opportunities for Behavioral Health and Trauma

Creating the Texas Mental and Behavioral Health Research Institute

Through HB 10, this research institute would have been able to lead the charge on child and adolescent mental health by funding research, increasing awareness of best practices, and fostering statewide collaborations. This institute would coordinate with the Mental Health Care Consortium to accelerate community access to information, treatments, and training related to behavioral health and substance use. The related HJR 5 would have created a revenue source for this research and increased access to care.

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How Did Child Protection Systems Fare in the 86th Texas Legislature?

DID YOU KNOW?

  • In 2018, there were 280,874 reports of suspected child abuse/neglect to Statewide Intake. 66,370 or 24% of those reports were confirmed.
  • Child maltreatment will cost Texas an estimated $1.75 billion in CPS expenditures in FY 2019 and over $55 billion in total costs across the victims’ lifetimes.
  • 43% of children who complete Family Based Safety Services programming with their families are reconfirmed as victims of abuse within 5 years.

Welcome to the third part of our look at how child protection legislation fared in the 86th Texas Legislature. We began this series in May with our top-priority bills., followed by an examination of prevention and early intervention legislation.

Today’s post looks at bills affecting Child Protection Systems, and next we will conclude with Mental Health and Trauma. For a PDF version of this post, click here.

Child Protection Systems Background

In the 85th Texas Legislative Session (2017), Governor Greg Abbott declared child protection to be an emergency item. That session resulted in unprecedented child protective services (CPS) reforms and investments including:

  • Increases in kinship care through enhanced financial assistance;
  • Expansion of community-based foster care;
  • Treatment-based foster family care in most regions;
  • Salary increases; and
  • Additional hires that lowered caseloads

While those reforms made real progress for the safety of Texas children, there was significant work left to do in the 86th Legislative Session (2019) and much less political will to do it. However, opportunities for continued investment in best practice and improvements to child safety were plentiful. Opportunities presented to the 86th Legislature included:

  • Maintenance – In order to maintain the salary increases, caseloads, and investments in community-based care despite a growing child population and increasing number of child abuse reports and victims, lawmakers had to invest additional dollars or risk losing ground on the changes made last session.
  • Pressure from the federal class action lawsuit – In 2015, Judge Janis Jack proposed significant changes to the CPS system to ensure the constitutional rights and due process of children in the care of the state in response to a class action lawsuit filed on behalf of 12,000 children in long-term foster care. While some of the proposals were overturned by the 5th Circuit Court of Appeals as overreach, the findings have consistently made clear that the state has work to do to ensure the safety, health, and constitutional rights of children in the conservatorship of the state.
  • Family First Prevention Services Act – This session presented a new opportunity to leverage federal funds made available through the federal Family First Prevention Services Act in two significant ways. First, it makes available new prevention funding to help strengthen families before a crisis by investing in mental health, substance use prevention and treatment, and in-home parenting programs. Second, it requires that federal dollars for children in care be spent on family-like settings and treatment centers that are offering accredited and high-quality care. In order to leverage those dollars most effectively, the Legislature had the opportunity to invest in planning and improved quality that would ready the state for implementation.

Child Protection in the 86th texas legislature

Top-Priority Bills Passed

House Bill 1 – The General Appropriations Act

Champions: Sen. Jane Nelson, Sen. Lois Kolkhorst, Rep. John Zerwas, REp. Sarah DAvis

General Overview – Although we did not see the urgent and comprehensive focus on child welfare this session that we did in the 85th, there was continued attention on child protection issues. Lawmakers viewed their role this session as one of a gatekeeper – ensuring that the large-scale changes of last session continued to move forward and that implementation was monitored closely. Despite a cut in state funds, when federal funds were included, the Department of Family and Protective Services (DFPS) budget grew by 6.1%. In their budget, lawmakers showed continued support for community-based care, increasing the use of kinship care, and the needs of older foster youth.

Area of Budget2020-21 Base BudgetHouse Bill 1 FINAL% Difference
Child Protective Services$3.7 billion$3.8 billion2.2% +

Statewide Intake – At DFPS, statewide intake is the front door for the public to report suspected abuse. Additional investments will improve child safety by minimizing hold times on the statewide intake line. Long wait times can result in dropped calls and increase the risk of abuse going unreported. Investments in this biennium will support salary increases of $6,000, resulting in lower turnover and subsequently, a higher level of experience in the workforce.

Area of Budget2020-21 Base BudgetAdditional Investment & House Bill 1 Final% Difference
Statewide Intake$45.9 million$4.3 million
$50.2 million total		8.5% +

Caseloads – The maintenance of manageable caseloads is paramount to ensuring the safety of children who are interacting with the child protection system. Investments for CPS direct delivery staff will help to maintain lower caseloads per worker for most caseworkers.

Area of Budget2021 Base Budget & Average Daily CaseloadAdditional Investment, House Bill 1 Final, & Projected Average Daily Caseload% Difference
CPS Direct Delivery Staff$1.4 billion$148 million
$1.6 billion total		9.1%
CPS Investigations13.6 cases13.6 billion
CPS Family Based Safety Services10.2 cases9.3 cases
CPS Conservatorship25 cases23.5 cases

Projected caseloads are included in HB 1 and are estimates from the Legislative Budget Board; DFPS will prepare its own analysis.

Community-Based Care – The Legislature provided funding to continue rolling out Community-Based Care (CBC), formerly named “Foster Care Redesign,” which changes the way the state delivers foster care services. Under CBC, a private contractor (called a “Single Source Continuum Contractor [SSCC]”) is responsible for building and managing foster care capacity and placements for a specific service region in the state. CBC has been rolled out in Region 3B (seven-county area including Tarrant County), Region 2 (30-county area in North and North-central Texas that includes Wichita Falls and Abilene) and Region 8A (Bexar County). Additional investments this session will provide resources to expand into Region 8B (16 counties surrounding Bexar), and Region 1 (41 counties in Panhandle), as well as add case management work to the existing contracts.

2020-21 Base BudgetAdditional Investment and House Bill 1 Final% Difference
Community-Based Care$434.5 million$66.9 million
$501.4 million total		15.4% +0

Foster Care Provider Payments – Foster care families and other providers are essential to building capacity in the foster care system so it meets the current demand, as well as ensuring positive outcomes for children and youth in conservatorship of the
state. The Legislature provided additional investment of $12 million in foster family support, certain residential providers and emergency shelters.

Supervised Independent Living (SIL) and Preparation for Adult Living (PAL) – DFPS provides both SIL and PAL programs to assist older youth in their transition toward a successful and self-sufficient adulthood. Without supportive housing and access to training and resources, youth are more likely to be involved in the criminal justice system, are at higher risk of teen pregnancy, have lower high school graduation rates and are more likely to experience homelessness and unemployment. SIL increases of $1.8 million will support case management services for children with more complex needs and increase the rates paid to providers for services. PAL increases of $1.5 million will support 10 additional specialist positions.

HB 475

Champions – Rep. Donna Howard and SEn. Kirk Watson

HB 475 will ensure that pregnant and parenting foster youth receive basic information about ways to keep their child safe and promote healthy attachment, child development, and maternal health if they cannot or choose not to participate in Project Helping through Intervention and Prevention (HIP). Project HIP makes available evidence-based, in-home parenting programs to pregnant and parenting foster youth; however, it is voluntary and not currently available statewide.

Other Priority Bills Passed

TexProtects Goal – Efficiency and Best Practices in CPS and Foster Care

Senate Bill 195 – Sen. Charles Perry / Rep. Tan Parker

SB 195 requires DFPS to update their case tracking system to allow DFPS to keep statistics regarding alcohol and controlled substances when funds are available. This detailed information will allow the department to better understand the correlations between substance use and child abuse/neglect as well as the impacts of prenatal exposure to alcohol and controlled substances on children.

SB 781 – Sen. Lois Kolkhorst / Rep. Ben Leman

SB 781 will establish regulations for child safety, runaway prevention, quality contracting, and strategic planning for facilities that provide 24-hour care to children such as residential treatment centers and emergency shelters. The strategic plan outlined in the bill will help ensure that state agencies are prepared for the implementation of the federal Family First Prevention Services Act.

TexProtects Goal – Increased Use of Kinship Care

HB 1884 – Rep. Ina Minjarez / Sen. Carol Alvarado

HB 1884 requires that when a child is placed with a relative or other designated caregiver, the caregiver is informed, by the court, of the option to become verified by a licensed child-placing agency and of the permanency care assistance program. This opportunity can make available additional resources to the caregiver and as a result, increase stability for children.

HB 3390 – Rep. Scott Sanford / Sen. Angela Paxton

HB 3390 ensures that adequate steps are taken to identify any potential caregiver for a child before that child is placed in foster care. The bill also expands the definition of a designated caregiver to include a person who had a longstanding and significant relationship with the family of the child and requires that the child and parent both be asked to share any relatives or potential caregivers.

TexProtects Goal – Improved Services to Foster Youth Aging Out of Care

HB 53 – Rep. Ina Minjarez / Sen. Beverly Powell

HB 53 will require DFPS to collaborate with the Office of Consumer Credit Commissioner and the State Securities Board to develop an expanded financial literacy education program for foster youth. Experiential training will include filing taxes, using insurance, identity and credit theft, budgeting and civic engagement.

HB 123 – Rep. James White / Sen. Kirk Watson

HB 123 eases the burden of obtaining personal identification documents for foster children by waiving the fee, exempting the requirement for a parent signature and allowing the use of the DFPS regional office in lieu of a permanent address.

HB 1702 – Rep. Donna Howard / Sen. Kelly Hancock

HB 1702 requires institutions of higher education to make publicly available the contact information for their foster care liaison officer and information regarding support services available to students who were formerly in conservatorship. In addition, the name of any student who was formerly in conservatorship will be provided to the foster care liaison officer by their institution at the beginning of each semester.

TexProtects Goal – Cross-Sector Collaboration and Child Protection Systems

HB 72 – Rep. James White / Sen. Angela Paxton

HB 72 allows adopted children with chronic health conditions to continue to have access to the healthcare they would have had if they had remained in conservatorship if the adoptive parents opt-in. Foster children who transition into adoptive placement often experience gaps in medical care, and these gaps can have serious negative health consequences for children with severe disabilities.

HB 621 – Rep. Victoria Neave / Sen. Judith Zaffirini

HB 621 expands existing statutory protections against employer retaliation for a professional’s good faith reporting of child abuse or neglect by defining “adverse employment action” to mean any action that affected an employee’s compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from making or supporting a report of abuse or neglect.

HB 1709 – Rep. Mary González / Sen. José Menéndez

HB 1709 requires school districts to work closely with DFPS to notify when a surrogate parent has been appointed to a child with disabilities who is in conservatorship. Surrogate parents are appointed by school districts when children with disabilities who are under the managing conservatorship of DFPS do not have an available parent or foster parent who is willing or able to serve as the educational decision maker for the child. When a court-appointed surrogate parent is not properly performing their required duties, the district must consult with DFPS to review the appointment and, if appropriate, find a replacement. This bill expands the definitions of who can serve as a surrogate parent and helps ensure transparency and accountability in the system.

HB 1780 – Rep. Rick Miller / Sen. Lois Kolkhorst

HB 1780 requires the court to consider a parent’s good faith attempt to complete a drug rehab program when deciding whether to grant a 6-month extension before terminating parental rights. In light of the overwhelming majority of neglectful supervision cases that involve substance use and the complexity of treatment and recovery, this bill will give parents a chance to break the cycle of drug addiction and keep families together.

HB 2229 – Rep. Jarvis Johnson / Sen. Kirk Watson

HB 2229 adds specific information to a report the Texas Juvenile Justice Department (TJJD) must submit to the Governor, Lt. Governor, and Legislature every even numbered year regarding foster children in the juvenile justice system. This bill requires the report to break down the number of foster children in TJJD custody by age, sex, race, conduct, and first-time offenders. This data will enable advocates and policymakers to better implement programs and practices that can prevent foster youth from entering the justice system.

HB 2737 – Rep. Gene Wu / Sen. Nathan Johnson

HB 2737 will require the Texas Supreme Court to provide annual guidance to judges who preside over juvenile or child protective services cases to establish greater uniformity across the state in how those cases are handled. The issues addressed could include the placement of children with severe mental health issues; changes in placement; final termination of parental rights; release of children detained in
juvenile detention facilities; certification of juveniles to stand trial as adults; and commitment of children to the Texas Juvenile Justice Department.

HB 3809 – Rep. Craig Goldman / Sen. Kirk Watson

HB 3809 will allow suits for personal injury to be brought up to 30 years after the day the cause of action accrued if the injury arose from conduct involving offenses against children including sexual assault of a child, aggravated sexual assault of a child, continuous sexual abuse of a young child, trafficking a child and causing the child to be involved in certain sex crimes, compelling prostitution of a child, and indecency with a child. Currently, the statute of limitations is 15 years. This bill allows more time for child victims to come to terms with their trauma enough to talk about it and bring a civil lawsuit.

Missed Opportunities for Improving Child Protection Systems

Rate Increases

Children who cannot remain safely at home with their parents are removed by CPS. CPS places children in foster care placements when a suitable kinship option is not available. Foster care services may be provided through placement with foster families or through emergency shelters, residential treatment centers, and other programs. Foster care providers are reimbursed by the state at a daily rate based on the type of care that is required to meet the needs of each child. In Texas, these rates do not fully cover the cost of providing foster care services, and providers must secure philanthropic donations that subsidize the rates in order to provide quality foster care. While lawmakers did make some investments in rate increases, in most cases these increases did not keep pace with inflation and actual purchasing power decreased. Insufficient rates contribute to continuing problems in building sufficient capacity to serve children in need.

Trauma-Informed Care

Children who are interacting with the Child Protection System experience trauma at higher rates than their peers and often in patterns that are complex and chronic. Although DFPS currently includes trauma-informed training in programs made available to DFPS employees as well as foster, adoptive, and kinship caregivers, the comprehensiveness and accessibilty of that training may not be sufficient to ensure staff and caregivers have the skills they need to recognize and address the ways that trauma may be affecting a child’s behavior. Unfortunately, the Legislature failed to take action to ensure that the adults who are charged with decision making on behalf of traumatized children, have adequate training to understand the ways trauma can impact biology and behavior or strategies to increase resilience and healing.

Funding for Increased Quality in Foster Care

The Family First Prevention Services Act, which will go into effect in 2021, targets federal funding to evidencebased foster care prevention services and improved foster care that provides the best environment for each child’s unique needs. For children with therapeutic needs, Family First dollars are available for providers who have thirdparty assessment, access to medical staff, and follow-up after transition to assure successful placement. Many Texas providers are not currenly meeting the standards laid out by the bill. This session offered an opportuntiy to invest in programs and services that are being prioritized by Family First so that implementation will be efficient, federal dollars can be maximized, and children will have access to higher quality care.

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37 Texas Groups Call for Humane Treatment of Children & Families at Border

For Immediate Release
Contact: Lee Nichols, TexProtects
512-796-9877 or Lee@texprotects.org

Austin – Today, 37 organizations dedicated to supporting Texas children and families wrote to state leaders and the state’s congressional delegation to express “deep concern over the reported treatment of parents and children held in immigration detention facilities on Texas soil.”

The letter follows numerous accounts of children and adults held for prolonged periods of time in overcrowded Texas-based immigration facilities with inadequate care as well as continued accounts of young children separated from their parents or other family members by U.S. immigration officials.

The letter urges the Texas officials to “support additional measures to ensure that all children and parents who are now in the care of the federal government, no matter their country of origin, receive compassionate, humane, and fair treatment.”

The organizations highlighted their concern about the long-term impact of the trauma experienced by children in immigration facilities, including those separated from their parents, noting, “Furthermore, early childhood trauma undermines a child’s healthy brain development and ability to form healthy attachments, resulting in lifelong, negative consequences, such as chronic physical and/or mental illness and less likelihood of succeeding in school or becoming productive workers.”

“We are very concerned that the inhumane treatment of migrant children, stays in detention facilities, and separation from their families or other nurturing caregivers may all have lasting, harmful effects on the health and development of these children,” said Sophie Phillips, CEO of TexProtects. “We should be protecting these children, not subjecting them to further traumatic events that can have dire, lifelong consequences.”

“Each and every child in our state, no matter where she was born or how she got here, should be treated with the kind of care and compassion that children deserve,” said Stephanie Rubin, CEO of Texans Care for Children and one of the nonprofit leaders who signed the letter. “We urge our elected officials from across the political spectrum to work together improve the way these children and families are being treated.”

The 37 Texas organizations sent the letter to Governor Greg Abbott, Lt. Governor Dan Patrick, Senator John Cornyn, Senator Ted Cruz, the 36 members of the Texas delegation in the U.S. House of Representatives, and the 181 members of the Texas Legislature.

The full letter, including the list of all the signing organizations, is available at http://txchildren.org/s/border-letter.pdf.

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