Several key child protection bills were scheduled for hearing on April 22 and 23. Bills set for hearing include the following: SB 130 (relating to representation by prosecuting attorneys in proceedings for protective orders against family violence) was scheduled for hearing in the House Judiciary and Civil Jurisprudence Committee on Mon., April 22, at 2:00 pm or upon adjournment. SB 1836 (regarding use of a Vital Statistics Fee to fund home visiting programs) is scheduled for hearing in the Senate Health & Human Services Committee on Tues, April 23, at 9:00 am. HB 3399 (relating to the stability of placements for children in the conservatorship of the Department) is scheduled for hearing in the House Human Services Committee on Tues., April 23, at 10:30 am or upon adjournment. To watch the past or live House Committee hearings click here. To watch the Senate Committee hearing live, click here.

Madeline McClure, Executive Director of TexProtects (the Texas Association for the Protection of Children), has provided TLC with a legislative update on various bills related to child protection that have had recent activity. TLC thanks Ms. McClure and TexProtects for allowing TLC to share this information with the judges and attorneys who use TLC's Online Center. To view the update, click here.

Texas CASA, through the efforts of intern Lara Bubalo, has updated its chart of bills affecting children and families in CPS cases to show recent legislative activity regarding the bills included. Andrea Sparks, Director of Public Affairs for Texas CASA, has provided this update to TLC to be shared with the judges and attorneys who use TLC's Online Center. TLC thanks Ms. Sparks, Ms. Bubalo, and Texas CASA for providing this information. Please note that comments included in the chart regarding priority issues for various organizations do not reflect the position of TLC. To view the update, click here.

The Texas Supreme Court's Permanent Judicial Commission for Children, Youth and Families is providing scholarships of the registration fee and 3 nights' hotel expenses for Texas attorneys to attend either of the following two highly acclaimed national training conferences sponsored by the American Bar Association and relating to representation of children and parents in child protection cases: the Third National Parent's Attorney Conference on July 10 & 11 in Washington, DC, and the Fifteenth National Conference on Children and the Law on July 12 & 13, also in DC. The deadline to apply for a scholarship is 5:00 pm on Friday, April 12. To be complete, an application must include a letter of recommendation from the attorney's presiding judge. To view information about the application process and to access the application form, click here.

Texas CASA, through the efforts of intern Lara Bubalo, has created a chart of bills affecting children and families in CPS cases. Andrea Sparks, Director of Public Affairs for Texas CASA, has provided this chart to TLC to be shared with the judges and attorneys who use TLC's Online Center. TLC thanks Ms. Sparks, Ms. Bubalo, and Texas CASA for providing this information. Please note that comments included in the chart regarding priority issues for various organizations do not reflect the position of TLC. To view the chart, click here.

On Thursday, February 14, 2013, the House Appropriations Subcommittee on Article II (Health and Human Services) will hear budget recommendations regarding the Texas Department of Family and Protective Services. To see the hearing notice, click here. To watch the hearing live, click here.

The Government Accounting Office has issued a report on its study of how selected states use the flexible funding offered under Title IV-B of the Social Security Act. The GAO looked at specific uses of the funds, what alternative federal funds states use, and what services child welfare agencies have difficulty securing for children. The report notes that child welfare agencies face a variety of challenges that make it difficult for them to secure services such as parenting classes and substance abuse treatment. To read the report, click here.

The American Taxpayer Relief Act of 2012 made the adoption tax credit permanent. It, however, did not make the adoption credit refundable, so it will only benefit those adoptive families who have a federal income tax liability. The North American Council on Adoptable Children recommends that those who adopted a child in 2012 submit a Form 8839 with their 2012 taxes even if they do not have a tax liability. Although they will not receive an adoption credit refund with their 2012 taxes, the credit can be carried forward up to five additional years. Families might benefit later if either their tax situation changes or the credit is made refundable in the future, and then they won't have to amend their 2012 taxes. For more information, click here.

The Government Accounting Office undertook a study to address concerns that children with mental health conditions do not always receive appropriate treatment. The report notes that HHS's Administration for Children and Families (ACF) reported that 18 percent of foster children were taking psychotropic medications at the time they were surveyed (utilization varied widely by the child's living arrangement). ACF also reported that 30 percent of foster children who may have needed mental health services did not receive them in the previous 12 months. To read the report click here.

On October 12, 2012, the Texas Supreme Court reversed a termination of parental rights, which was based in part on the deportation of the parent, and remanded it to the trial court. In this case, In re E.N.C., No. 11-0713, 2012 Tex. LEXIS 866 (Tex. Oct. 12, 2012), the Court said that deportation itself is not sufficient to prove endangering conduct. The father had been convicted, prior to the children's birth, of sexual conduct with a minor in Wisconsin. He left while on probation, went to Texas, married, and had children. When he applied for a green card, the probation violation was spotted, and he was deported. The Court said the Department had offered insufficient evidence of the unlawful act (i.e., it could have been two minors having sex; not known if the act would have been unlawful in Texas; etc.), and mere deportation is not sufficient. The father had had contact with the children and provided support. The Court said the Department should have looked into whether the children could live with him in Mexico, and no service plan had been offered. The Court also found the best interest evidence to be insufficient. To view the Court's opinion, click here.

On Aug. 13, 2012, the Austin American-Statesman reported that the Department of Family and Protective Services suspended new placements of foster children with Lutheran Social Services of the South (LSSS) due to dozens of safety violations, including child abuse and neglect, at foster homes supervised by three LSSS offices -- Garland, Richardson, and Laredo. In addition, LSSS lost its bid to be one of two organizations chosen to participate in the new program to privatize foster care services. To view the article, click here. To view the letter sent from DFPS to LSSS, citing dozens of violations, click here. For an overview of the foster care redesign project that includes privatization, click here.

On July 6, 2012, the Texas Supreme Court held that a parent whose rights have been terminated cannot be restricted to a six-month deadline to attack the judgment if citation by publication was constitutionally inadequate to provide notice to the parent. (Mother had filed a petition for bill of review within two years of the date of judgment.) In In re E.R., No. 11-0282, 2012 Tex. LEXIS 582 (Tex. July 6, 2012), the Texas Department of Family and Protective Services had served a mother by publication, having told the trial court of the many unsuccessful steps taken to locate her. In fact, however, the Department's caseworker had been in touch with the mother, and the mother had met with the caseworker and had visited her children at the Department's office during the time the caseworker had said she was performing a search for the mother. The caseworker had a telephone number and address for the mother but told the court that the mother had said she was moving. The caseworker also had the maternal grandmother's address and telephone number but did not use either to locate the mother for service. The Court said that the validity of citation by publication is measured by the quality of the diligent search, not the quantity of actions performed. The court of appeals' judgment affirming termination was reversed and remanded to the trial court to determine if the mother had unreasonably delayed seeking relief after learning of the judgment. To read the opinion, click here.

The Texas Supreme Court's Permanent Judicial Commission for Children, Youth and Families is providing a limited number of scholarships for Texas attorneys to attend the one-day Child Abuse and Neglect Workshop at the State Bar's Advanced Family Law Conference on Aug. 8, 2012, in Houston, or for the video replays in S. Padre Island on Oct. 19 and in Dallas on Oct. 26. The deadline to apply for a scholarship is Wednesday, June 6. The scholarship covers registration for the one-day workshop only and does not include expenses for travel or lodging. To access the application form, click here. To view the conference brochure, click here.

The Education Committee of the Texas Supreme Court's Permanent Judicial Commission for Children, Youth and Families has issued a seminal report -- The Texas Blueprint: Transforming Education Outcomes for Children & Youth in Foster Care. The report is the collaborative effort of over 100 individuals from across Texas, who worked over 18 months to draft this compilation of extensive and very innovative recommendations for jurisdictions to use as a framework for reform. Under the leadership of Chair Hon. Patricia Macias (El Paso) and Vice-Chair Hon. Cheryl Shannon (Dallas), the Education Committee has recommended strategies concerning judicial practices; data and information sharing; multidisciplinary training; school readiness; school stability and transitions; school experience, supports, and advocacy; and post-secondary education. The report includes suggested statutory changes, practical guidance for judicial leadership, and specific ideas for expanded duties of children's attorneys and guardians ad litem -- all with the goal of improving education outcomes for children and youth in foster care. The Education Committee's far-reaching recommendations impact three systems -- the courts, the child welfare system, and the education system -- and set Texas apart as the first state to create such an expansive blueprint for education reform. To view the report, click here.

In March 2012, Generations United and the ABA Center on Children and the Law issued a report, entitled "Improving Foster Care Licensing Standards around the United States: Using Research Findings to Effect Change," summarizing all 50 states' foster care licensing standards and recommending changes to make standards and their application more uniform. The project was supported by the Annie E. Casey Foundation. The report looks at state statutes and regulations with regard to standards such as eligibility (age, citizenship, education, income, etc.), physical and mental health, living environment, transportation, training requirements, home studies, and background checks, as well as different standards for relatives. Recommendations include development of model core standards for all states. To view the report, click here.