Recent News

On April 15, 2024, Hon. Janis Jack held Texas Health and Human Services Commission Executive Commissioner Cecile Young in contempt in M.D. v. Abbott, the foster care class action suit pending in the U.S. District Court for the Southern District of Texas. Judge Jack fined Commissioner Young $100,000 per day until HHSC certifies to the court it is in compliance with two of the court's remedial orders regarding investigations of reported abuse and neglect of children who are in the permanent managing conservatorship of the state and who are placed with certain providers, such as group homes. To view the 427-page order plus attachments, click here. Other defendants in the lawsuit are the Texas Department of Family and Protective Services and Governor Abbott. In June 2023, plaintiff PMC children moved for an order holding all defendants in contempt of 15 remedial orders, and a three-day hearing took place in December. The order relates the history of the class litigation and provides a thorough review of HHSC's and DFPS's failure to correct deficiencies identified by the court with regard to, among other issues, investigations, worker caseloads, use of psychotropic medications for PMC children, and housing of "children without placement," or CWOP. Judge Jack's order carried forward plaintiffs' contempt motion regarding those areas and others. The court set a status hearing on compliance for June 26 at 8:30 a.m. To request remote access to the hearing, click here. Plaintiffs' motion also requested that Judge Jack impose partial receiverships over some agency functions, and she carried that motion forward. On April 16, defendants filed notice of appeal and a motion to stay the contempt order while they appeal it to the Fifth Circuit; however, Judge Jack denied the motion that day "considering the safety of the children." View the motion here and the denial order here. On April 17, the Fifth Circuit stayed Judge Jack's order while the state appeals. This was the third time Judge Jack held a defendant in contempt in this 13-year-old case. The Texas Tribune covered the story here.

The Texas Supreme Court Children's Commission is offering attorney reimbursement scholarships to attend "Handling Your First (or Next) Civil Appeal Webcast Replay" provided by TexasBarCLE on May 22, 2024. The deadline to apply for a scholarship is 11:59 pm on April 17, 2024. For further details and to access the application form, click here. For questions, please email CCScholarships@txcourts.gov.

The Texas Supreme Court Children's Commission is providing a free, 3-day Contested Hearing Practices Pilot Course for 21 attorneys who handle child protection cases -- 7 children's attorneys, 7 parents' attorneys, and 7 attorneys who represent DFPS. A virtual day of instruction will be conducted on Sep. 18, 2024, and 2 in-person days will be conducted on Sep. 25 & 26, 2024, in Dallas. The deadline to apply is 11:59 pm on April 16, 2024. For further details and to access the application, click here.

On January 10, 2024, the court-appointed monitors in M.D. ex rel. Stukenberg v. Abbott, a class action suit on behalf of children in the permanent managing conservatorship of Texas Department of Family and Protective Services, filed their seventh report. The monitors, Deborah Fowler and Kevin Ryan, were charged by Hon. Janis Jack of the Southern District of Texas federal court with reporting on the defendants' (Gov. Greg Abbott, Texas Health and Human Services Commission, and TDFPS) compliance with court-ordered remedial measures to reduce the risk of harm to these children. Defendants filed objections to the report on January 31. The monitors' 140-page report focuses on remedial orders concerning "Screening, Intake and Investigation of Maltreatment in Care Allegations and Organizational Capacity," describes the monitors' validation method, and calculates the percentage of time defendants were in compliance. Defendants' adherence to caseload guidelines for TDFPS residential child care investigators and HHSC regulatory investigators was strong. The percentage of new child protective services caseworkers who completed professional development training was also high. HHSC's Provider Investigations unit performed poorly in taking a child's safety needs into account, by making inappropriate dispositions or conducting deficient investigations (more than half the time), and by leaving investigations open for too long (often more than a year). The department's performance in answering calls to the child abuse hotline declined from the last report; monitors found gaps in the system for notifying a PMC child's caseworker when the child is the subject of an abuse or neglect allegation; and, monitors found that small percentages of PMC children know about the hotline, the Foster Care Ombudsman, or how to call either. The monitors examined documents and data files on case records, investigations, fatalities, restraint logs, videos, witnesses, referrals to intake, policies, resources, human resources, and training records. The report includes demographic statistics for PMC children. To read the report, click here. To read defendants' objections, click here.

The Texas Supreme Court Children's Commission is offering attorney reimbursement scholarships to attend one of the two American Bar Association (ABA) Center on Children and the Law's national conferences: the Access to Justice for Children and Families Conference on April 9-10, 2024, or the National Parent Representation Conference on April 10-11, 2024. The deadline to apply for these scholarships is 11:59 pm on January 12, 2024. For further details and to access the application form, click here. For questions, please email CCScholarships@txcourts.gov.

Comments are due November 27, 2023, on the Children's Bureau's proposed rules to expand federal funding for legal representation of children, parents, caregivers, tribes, and agencies. It is critical that the child welfare legal community offer comments to support the recommended rules. To view the Notice of Proposed Rulemaking, click here. To register for a webinar that will review current legal representation funding practices and the proposed rulemaking notice and will offer guidance on commenting, click here. National Association of Counsel for Children, American Bar Association Center on Children and the Law, and Youth Law Center issued this letter template to submit comments.

On November 1, 2023, Plaintiffs in M.D. v. Abbott, the federal class action suit on behalf of children in the permanent managing conservatorship of the Texas Department of Family and Protective Services, filed their Third Amended Motion to Show Cause Why Defendants Should Not Be Held in Contempt, citing repeated violations of remedial orders that include failure to conduct timely and effective investigations; documented instances of medical abuse/neglect -- especially the mismanagement of psychotropic medications for children; violating the caseload order, leading to overloaded caseworkers and the placement crisis; failure to ensure children are aware of their rights and know how to report abuse and/or neglect; failure to adequately inform caregivers of a child's past sexual abuse history, putting children at risk of child-on-child sexual abuse: and failure to adequately document that caregivers and caseworkers have received required training regarding child-on-child sexual abuse. Plaintiffs' contempt motion will be heard at a show cause hearing on Dec. 4, 2023, at 9 a.m. in Dallas. To read the motion, click here. To request remote access to the hearing, click here.

On October 25, 2023, the court monitors in M.D. v. Abbott, a federal class action suit on behalf of children in the permanent managing conservatorship of the Texas Department of Family and Protective Services, filed their Monitors' Update to the Court Regarding PMC Children Without a Licensed Placement. The monitors, Deborah Fowler and Kevin Ryan, have been charged by Hon. Janis Graham Jack of the Southern District of Texas with reporting on the department's compliance with remedial measure orders to reduce the risk of harm to PMC children. The update builds on previous reports documenting safety risks to PMC children who are housed in unlicensed CWOP settings. According to the monitors, the children are supervised by rotating shifts of department employees who have other duties and are not trained in proper behavior intervention, addressing psychiatric and disability conditions, physical and sexual threat response, and medical treatment. Monitors discovered particularly egregious safety threats at houses in Bell County (though other counties have unlicensed housing), including filthy living conditions; walls, floors, and furniture in need of repair; frequent runaways; drug use; arrests; improper interventions by staff and hired security; and, child-on-child physical and sexual abuse. To read the update, click here. Plaintiffs' contempt motion will be heard at a show cause hearing on Dec. 4, 2023, at 9 a.m. in Dallas. Remote access can be requested at this link.

On Thursday, September 14th, from 2:30-4:30 pm, Texas Lawyers for Children will present a free webinar entitled "Navigating Intricacies in Healing Child Complex Trauma from a Clinical Perspective" with Ana M. Gomez, MC, LPC. Register now to learn about the treatment of complex trauma from renowned psychotherapist, author, and international speaker, Ana Gomez! She will discuss the importance of addressing trauma through effective, evidence-based trauma-informed treatments and therapies that bring healing for abused and neglected children. If you register for the webinar, you will also be able to watch the recorded version at a later date. To view more information, click here. To register for the webinar, click here.

On Thursday, September 7, the Supreme Court Children's Commission will host a webinar entitled "Trauma History and Psychotropic Medication: What Judges and Attorneys Need to Know" from 12:00 to 1:30 p.m. This program will cover how having the complete trauma history of the child can aid medical professionals in diagnosing and treating children, especially regarding prescribing psychotropic medications. The webinar will also discuss duties, responsibilities, and best practice tips for attorneys representing parents and children in child welfare cases when psychotropic medications are or may be prescribed to a child. Space is limited, so be sure to register soon. To view more information about the webinar and to register, click here.

TLC's Senior Research Attorney, Beecher Threatt, will present a free webinar on Thursday, August 24th, summarizing Texas child protection case law opinions from the past year. This webinar will run from 12:00 - 1:00 p.m., and 1 hour of CJE/CLE/TBLS credit is pending and anticipated. If you are unavailable to attend the live webinar, just be sure to register before noon on Aug. 24th, and you will be able to watch the video recording for up to a year. To view more information or to register for the webinar, click here.

On Thursday, August 17th, the Supreme Court Children's Commission will host a webinar on "Reevaluating Reasonable Efforts Findings" from 12:00 to 1:00 p.m. This webinar will focus on federal and state law on reasonable efforts, including bills passed during the Texas 88th Regular Legislative Session which affect reasonable efforts findings in child welfare cases. Space is limited, so be sure to register early. To view more information about the webinar and to register, click here.

Texas Lawyers for Children is thrilled to announce an extremely important FREE webinar we are having on Sept. 28, 2023, from 1:30-4:30 pm -- "EMDR: A Game Changer for Traumatized Children". We anticipate that CJE/CLE/CEU/TBLS credit will be available. This training will address several training elements listed in TFC 107.004, most specifically the availability of research-supported, trauma-informed, non-pharmacological interventions that can provide an alternative to psychotropic medication use. This webinar will explore EMDR (Eye Movement Desensitization and Reprocessing) -- an evidence-based trauma therapy -- and the incredible impact it can have in the healing of children in foster care. EMDR is a very unique approach to helping children heal from trauma and has been proven to be extremely effective. Space will be limited, so please click here to see the flyer for more details and instructions on how to save your spot. Please be sure to save the date because this is a program not to be missed!!

Advocates and representatives for youth aging out of foster care and for parents will find online tools offered by the U.S. Department of Housing and Urban Development helpful in accessing shelter, food, healthcare, and clothing. Using the tool, click on one of the services, enter the person's location, and get a list of providers. The search result shows the provider's name, location, contact information, and website URL. To view the online tool, click here.

Child Welfare Information Gateway has published Two-Generation Approaches to Supporting Family Well-Being, which explains a new concept in child welfare that advocates for serving children and families together instead of in isolated, separated services. The publication introduces the 2Gen approach, gives examples of such programs, and offers suggestions for implementing it in existing child welfare systems. 2Gen replaces systems that provide services geared to just parents or just children with systems that provide integrated and simultaneous services. The five core principles of a 2Gen system will help build parental capacity and protective factors within families. To view the publication, click here.

On Tuesday, July 18th, the Supreme Court Children's Commission will host an "88th Regular Legislative Session Update" webinar from 12:00 to 1:30 p.m. This webinar will focus on House and Senate bills related to child welfare. Space is limited, so be sure to register early. To view more information about the webinar and to register, click here.

On June 20, 2023, the Plaintiffs in the ongoing M.D. v. Abbott federal class action suit filed a Motion to Show Cause Why Defendants Should Not Be Held in Contempt, citing numerous investigative findings of the Court Monitors to "establish a prima facie case of noncompliance with vital [remedial] orders" that continue to put "Texas children at substantial risk of harm." Plaintiffs first argue that the Court Monitors have "documented serious, widespread, and persistent problems of medical abuse/neglect," most evident in the mismanagement and misadministration of psychotropic medications, violating the court's orders to investigate allegations of abuse and/or neglect and to "identify, track, and address concerns at facilities" and place facilities that show a "pattern of . . . violations" under "heightened monitoring". Through this failure, Plaintiffs allege that the state consistently fails to uphold its own policies and contractual obligations when investigating allegations and enforcing findings of medical abuse/neglect, showing persistent noncompliance with the court's remedial orders which must be addressed because of the potential for "severe and even catastrophic" risks to children. Plaintiffs also allege that the use of caseworkers to serve as caregivers in unlicensed settings due to the current placement (or "CWOP") crisis, without adjusting their caseloads based on these additional duties, violates the court's orders and puts all PMC children at risk of "serious physical and psychological harm." Finally, Plaintiffs allege that the State has violated Remedial Order A6, criticizing the State for not taking meaningful steps over several years to ensure that children in PMC know about their rights to report abuse/neglect, are aware of appropriate "points of contact" for making these reports, and have both access to an appropriate means of communication and privacy to make such a report. To view the motion, click here.

On June 16, 2023, the Texas Supreme Court issued its opinion in In re J.S., No. 22-0420. Appeal was from In re J.S., 663 S.W.3d 784 (Tex. App.--Dallas 2022, pet. granted) (mem. op.). The Court held a trial court's failure to make the required findings in Tex. Fam. Code §263.401(b) in a parental rights termination suit is not jurisdictional. Thus, a party complaining the trial court lacked subject matter jurisdiction when it rendered a final judgment must have preserved error on the failure to make the required findings in an order extending the dismissal date. Section 263.401(b) states that retaining a termination suit on the court's docket beyond the initial dismissal date requires the trial court to find (1) extraordinary circumstances necessitate the child remaining in the department's custody and (2) continuing the department as temporary managing conservator is in the child's best interest. Tex. Fam. Code §263.401(a) mandates the trial court's jurisdiction ends on the initial dismissal date and "the suit is automatically dismissed," unless trial has commenced or the trial court has granted an extension under §263.401(b); i.e., "retain[ed] the suit on the court's docket" by the dismissal date. The only jurisdictional requirement, the Texas Supreme Court said, is an order, written or oral, granting an extension. Failure to make the required findings does not automatically defeat jurisdiction. The concurring opinion would have held the findings of extraordinary circumstances and best interest are also jurisdictional, because an order granting an extension cannot be made without the findings. The concurring justice would also hold the findings may be implied, which the majority opinion rejected. The majority held the extraordinary circumstances and best interest findings must be expressly made, either written or oral, and cannot be implied. The Court's opinion clarifies its holding in In re G.X.H., 627 S.W.3d 288 (Tex. 2021), which held the other mandates to the trial court upon extending the dismissal date (orders for a new dismissal date, further temporary orders, and a trial setting) are not jurisdictional. That opinion did not explicitly address whether the extraordinary circumstances and best interest findings were jurisdictional. It is unclear, however, when a party must bring the lack of findings to the trial court's attention in order to preserve error. On page 2, the majority opinion states the parent must object before the dismissal date passes, but in footnote 16 it states the Court is not deciding in this opinion whether a parent must bring the missing finding to the trial court's attention before the dismissal date or during court proceedings afterward. To view both opinions, click here.

On June 15, 2023, in Haaland v. Brackeen, No. 21-376, the U.S. Supreme Court rejected constitutional challenges to Indian Child Welfare Act from the state of Texas, a birth mother, foster parents, and adoptive parents, on writ of certiorari to the Fifth Circuit Court of Appeals. The holdings include: (1) ICWA is consistent with Congress's Article I authority; (2) provisions that require 'active efforts' to keep an Indian family together, that dictate placement preferences, and that require state courts to keep and transmit records of ICWA proceedings to a federal agency do not violate the anti-commandeering clause of the Tenth Amendment; and, (3) no party had standing to challenge ICWA placement preferences on equal protection and nondelegation clause grounds. Seven justices (Barrett, Sotomayor, Kagan, Gorsuch, Roberts, Kavanaugh, and Jackson) joined in the majority opinion, written by Justice Barrett. Two of those wrote concurring opinions (Gorsuch and Kavanaugh). Justices Alito and Thomas filed dissenting opinions. To read all opinions, click here.

On June 9, 2023, the Texas Supreme Court issued its decision in In re A.A., a case that was orally argued on Oct. 4, 2022. In re A.A., No. 21-0998, 2023 Tex. LEXIS 508 (Tex. June 9, 2023). Appeal was from the Amarillo court of appeals, which affirmed termination of mother's parental rights for failure to comply with her service plan. TEX. FAM. CODE ANN. § 161.001(b)(1)(O). Six members of the Court agreed with the court of appeals, which held evidence supported the finding that the children were removed for abuse or neglect, even though they were not removed from the care of appellant mother. Mother argued the children were removed from father, not from her, and "the parent" refers to the parent whose rights are being terminated under (O). Thus, the statute did not apply to her. The concept of "removal" is broader than simply the location from which children are removed, the majority states. Removal transfers more than physical possession; it transfers "an entire bundle of conservatorship rights" from parents to the department. The dissent would have held the (O) ground did not apply to mother, as she was not the parent from whom the children were removed, nor was she the source of "abuse or neglect" as the reason for removal. The majority's holding weakens the statute, which was already "easy" for the department, the dissent claimed. The justices noted mother's failings and acknowledged her rights may be subject to termination under other paragraphs in § 161.001(b)(1) but not paragraph (O). To view both opinions, click here.

The Texas Supreme Court Children's Commission is offering judicial and attorney scholarships for two summer conferences in 2023. One scholarship is for attorneys for the registration fee for the one-day TexasBarCLE Child Abuse and Neglect Workshop, live in San Antonio on August 9, 2023, or for the virtual webcast on September 22 or one of the video replays in Dallas on September 22 or South Padre Island in October. The other scholarship is for judges and attorneys as reimbursement of up to $1,000 for the registration fee and related travel for the annual conference of the National Association of Counsel for Children on August 10-12, 2023, in Minneapolis, MN. The deadline to apply for these scholarships is 11:59 pm on May 26, 2023. For further details and to access the application form, click here.

HB 336, pending in the Texas Legislature, would require the Texas Department of Family and Protective Services to notify the child's ad litem when the department is aware of available federal benefits that require appointment of a representative; e.g., Veteran's, SSI, and SSDI. The department currently applies the payments to the cost of the child's care. The notice would include any application by the department for benefits or to become representative payee, any decision by a federal agency, and any appeal. Before each placement hearing, the department would account to the ad litem for funds received and disbursed. Texas Lawyers for Children believes this bill will allow transparency and provide children with information about their benefits and therefore requests your support for this bill. To view the introduced version of the bill click here. You can view a recording of the Human Services Committee public hearing that occurred on March 14, 2023 by clicking here and scrolling to "Archived Videos".

HB 1502, pending in the Texas Legislature, would require training in child trauma to be included in current training programs for attorneys who work for or contract with the Texas Department of Family and Protective Services and for judges who hear child protection cases. Texas Lawyers for Children has long been an advocate for improved training on child trauma for all professionals involved with child protection cases. We urge your support for this bill. To view the introduced version of the bill click here. To view the live hearing scheduled for 10:30 a.m. on March 22, 2023, click here. Select the House Juvenile Justice and Family Issues Committee broadcast. After the live hearing you can view the recording by clicking here and scrolling to "Archived Videos".

In February 2022, the American Bar Association House of Delegates adopted Resolution 613 urging state legislatures to enact laws that create a presumption of child presence at dependency hearings (as opposed to a right to appear) and that increase youth engagement in their cases and attendance at hearings. It also advocates for states to create an evidence base of trauma-responsive best practices, including training. The full report that follows the resolution details factual findings that support the change, lays out the argument for the change, and outlines legislative, judicial, and advocates' roles in effectuating the change. To view the resolution and report, click here.

On January 20, 2023, the court monitors in M.D. ex rel Stukenberg v. Abbott, a class action suit on behalf of children in the permanent managing conservatorship of the department, filed their fifth report. The monitors, Deborah Fowler and Kevin Ryan, were charged by Hon. Janis Jack of the Southern District of Texas federal court with reporting on the department's compliance with remedial measures to reduce the risk of harm to these children, as ordered by the court. The 284-page report points out areas in which the Texas Department of Family and Protective Services complied with the remedial orders and areas in which it did not. The monitors examined documents and data files and conducted interviews on caseworker and investigator caseloads, investigations, fatalities, and referrals to intake. The report includes demographic statistics. The appendix includes case summaries where the monitors disagreed with the department?s internal decisions regarding referrals and investigation outcomes. To read the report, click here.

On Dec. 30, 2022, the Supreme Court of Texas issued its 58th and 59th orders regarding conduct of state court proceedings during the coronavirus pandemic. The 58th order expires March 1, 2023 and continues the 56th order regarding eviction proceedings. To read the 58th order, click here. The 59th order renews the 57th order, with one significant amendment. Courts may no longer conduct proceedings away from the usual location due to exigent circumstances. Remote proceedings may be conducted away from the usual location only if it will assist in managing the court's backlog and either the court serves multiple counties or a visiting judge is assigned to the court. The order does not change the authority of courts to require or allow any participant to appear remotely. It also does not change limitations in jury trials, including that courts may not require anyone to appear remotely absent agreement of the parties. The order expires Feb. 1, 2023. To read the 59th order, click here. You can also find the orders from the Texas Lawyers for Children home page (www.TexasLawyersforChildren.org) by going to Resources, Browse by Topic and choosing Coronavirus or Remote Hearings, then Articles & Papers.