Recent News

In a paper presented at the Advanced Family Law Course in August and at the Annual Conference of the National Association of Counsel for Children, TLC's Director, Barbara Elias-Perciful, examines various constitutional rights of children that can impact child protection cases. The rights discussed include the right to sibling access, the right to protection and proper care when in state custody (including the right to trauma-informed care and services), the right to maintain family relationships, the right to bodily integrity, and the right to be free from discrimination. To view the paper, click here.

The Texas House Human Services Committee and the House Public Health Committee will conduct a joint hearing on Thursday, August 9, at 9:00 am, in Room E1.030 concerning mental health issues of children in the Department's care. The hearing will focus on the interim charge that includes anaylzing "the prevalence of children involved with Child Protective Services (CPS) who have a mental illness or substance use disorder," and "increasing the number of appropriate placements designed for children with high needs; and ensuring Texas Medicaid is providing access to appropriate and effective behavioral health services." The committees will also hear invited testimony about "residential child care facilities...[and] recent complaints received regarding treatment of children at these facilities...." To view the hearing notice, click here. To view the hearing live, click here. To view a video recording of the hearing after it has ended, click here.

The Advanced Child Protection Law Course sponsored by the new Child Protection Law Section of the State Bar is offering video replays in multiple cities across Texas,starting on July 13. To find out the locations and dates and to access the registration information, please click here.

Baker McKenzie is hosting the Inaugural Texas Children's Rights Summit in Houston on June 12, 2018. The Summit is intended to discuss the legal needs of children and features numerous leaders in the field of children's rights. Topics include the impact of trauma, immigration issues, education issues, pro bono practice, and the ethics of child representation. Attorneys from in-house counsel's offices of major corporations will be attending as well, and child advocacy organizations will have the opportunity to ask for pro bono help for special child advocacy projects from these attorneys during an interactive session. Registration is FREE!! To view the agenda, click here. To register, click here.

The House Public Health Committee will conduct a hearing on Thursday, May 17, at 10:00 am in Room E2.012, concerning children's mental health issues. The hearing will focus on the interim charge that includes "identifying and treating children with mental illness, including the application of trauma-[informed] and grief-informed practices" and identifying "strategies to assist in understanding the impact and recognizing the signs of trauma in children." To view the hearing notice with complete interim charge, click here. To view the hearing live, click here. To view a video recording of the hearing after it has ended, click here.

Scholarships are available through the Supreme Court Children's Commission for judges to attend both the 81st Annual Conference of the National Council of Juvenile and Family Court Judges (NCJFCJ) and the National Association of Counsel for Children's (NACC) 41st National Child Welfare, Juvenile & Family Law Conference, including the Red Book Training (optional). The application deadline for the NCJFCJ scholarship is 11:59 pm on Wednesday, May 23, 2018, and for the NACC conference, the deadline is 11:59 pm on Wednesday, June 6. The NCJFCJ's 81st Annual Conference is July 22-25, 2018, in Denver, Colorado. The Texas Center for the Judiciary is partnering with the Children's Commission to provide 25 judicial scholarships for this conference. This scholarship covers up to $2,000, including the registration fee and travel expenses. To be eligible for this scholarship, applicants must hear civil child welfare and/or juvenile cases and must attend the Texas Center for the Judiciary's Annual Child Welfare Judicial Conference, to be held November 12-14, 2018, in Georgetown, Texas. For questions regarding the NCJFCJ scholarship, please email Heidi Penix at heidip@yourhonor.com.To apply for the NCJFCJ scholarship, click here. This year's NACC Conference is August 23-25, 2018, in San Antonio, including a pre-conference Red Book Training on August 22nd. The Children's Commission will provide scholarships up to $1000 in the form of waived registration fees and conference-related travel expenses. To be eligible for this scholarship, applicants must hear civil child welfare and/or juvenile cases and must complete a post-conference survey from the Children's Commission. For questions regarding the NACC scholarship, please email children@txcourts.gov. To apply for the NACC scholarship, click here. To learn more about both scholarships, visit the Children's Commission website by clicking here.

Scholarships are available through the Supreme Court Children's Commission for attorneys to attend both the one-day Child Abuse and Neglect Track at the State Bar's 2018 Advanced Family Law Course and to the National Association of Counsel for Children's 41st National Child Welfare, Juvenile & Family Law Conference and preconference Red Book Training (optional). Deadline to apply is 11:59 pm on Wednesday, June 6, 2018. The State Bar's Child Abuse and Neglect One-Day Track will be held on August 15, 2018, live in San Antonio, with video replays in Dallas on September 28, 2018; in Houston on October 5, 2018; and in South Padre on October 12, 2018. The scholarship covers the cost of registration for qualifying attorneys and is limited to those who are attending only the one-day Child Abuse and Neglect Track and not the full 2018 Advanced Family Law Course. To complete the scholarship application, click here. The NACC Conference is August 23-25, 2018, in San Antonio, and the pre-conference Red Book Training will be conducted on August 22, 2018. The Children's Commission will provide $1000 scholarships to 100 qualified attorneys in the form of waived registration fees and conference-related travel expenses. To meet the criteria for a scholarship, the applicant must currently represent DFPS or take appointments on the CPS docket, be in good standing with the State Bar of Texas and with their appointing or presiding judge, and commit to completing a post-event survey. Additionally, the Commission will contact the attorney's presiding or appointing judge to determine whether the judge supports the attorney's application. To complete the NACC Conference scholarship application, click here. For more information about these scholarships and their requirements, please visit the Children's Commission website by clicking here. For questions regarding these scholarships, email children@txcourts.gov.

The deadline to apply to take the examination for board certification in Child Welfare Law by the Texas Board of Legal Specialization is May 7, 2018. The exam will be administered in October 2018. To view the standards and other information about getting certified click here. To access the online application click here.

Briefs have been filed in the appeal of the District Court's Order to the Fifth Circuit by the State leaders who are the defendants in M.D. v. Abbott, the federal class action suit brought on behalf of Texas foster children. On March 12, 2018, the defendants/appellants filed their brief, and the plaintiffs responded on April 2, 2018. On April 9, 2018, amicus briefs in support of the plaintiffs were filed by three advocacy organizations -- the National Association of Counsel for Children, Disability Rights Texas, and the National Association of Social Workers and its Texas Chapter. Oral argument was held in the Fifth Circuit on April 30, 2018. To hear an audio recording of the hearing, click here. To view the defendants' brief, click here; and for the plaintiffs' brief click here. For the brief of the National Association of Social Workers and its Texas Chapter, click here, and for that of Disability Rights Texas, click here, and for the brief filed by the National Association of Counsel for Children, click here.

The Supreme Court Children's Commission is providing free, hands-on trial skills training for less experienced attorneys handling Child Protective Services cases in Texas who want to improve their litigation skills. A fictional CPS case and live witnesses are partnered with top-notch instructors to coach attendees through all stages of trial. For purposes of the training, "less experienced" means that prior to applying, applicants who take court appointments will have completed an average of 2 to 3 contested Adversary Hearings and/or final termination trials as first chair, and applicants who represent DFPS will have completed at least 3 contested Adversary Hearings and/or 3-5 final termination trials as first chair. The course is being conducted in San Marcos, Texas on July 25-27th, 2018. Hotel costs will be reimbursed for those living outside of San Marcos. Space is limited to 21 attorneys who represent children, parents, or DFPS on the CPS docket. Registration is free. The Children's Commission will contact each applicant's appointing judge to confirm suitability for the training. Attorneys will be notified about acceptance into the training by May 1, 2018. The deadline to apply is 11:59 pm on Wednesday, April 11, 2018. For more information and to submit an application, click here.

The Texas Supreme Court Children's Commission is conducting a study of the legal representation provided to children and parents in child protection cases. The goal of the study is to capture the most accurate picture possible of how this legal representation is currently functioning and how it might be improved. To meet this goal, the study will survey key stakeholders, with different surveys for the different roles served in the child welfare system, including judges. The Commission will deliver a report of the study's findings to the Texas Legislature in September 2018. The survey will remain open until 11:59 pm on Friday, April 6, 2018. To learn more about the Legal Representation Study, click here. To access the survey, click here.

The Texas Supreme Court Children's Commission is conducting a study of the legal representation provided to children and parents in child protection cases. The goal of the study is to capture the most accurate picture possible of how this legal representation is currently functioning and how it might be improved. To meet this goal, the study will survey key stakeholders, with different surveys for the different roles served in the child welfare system, including attorneys. The Commission will deliver a report of the study's findings to the Texas Legislature in September 2018. The survey will remain open until 11:59 pm on Friday, March 30, 2018. To learn more about the Legal Representation Study, click here. To access the survey, click here.

Oral argument in the Fifth Circuit Court of Appeals began at 2:00 p.m. on February 15, 2018, in M.D. v. Abbott, the federal class action suit on behalf of Texas foster children, concerning the State's motion to stay Judge Jack's Order that was entered on January 19, 2018. The Fifth Circuit granted a temporary stay to allow the parties time to brief the issue and appear at the oral argument. The Court is deciding whether the stay should be lifted now or continue until the State's appeal of Judge Jack's Order reaches a final conclusion. To hear an audio recording of the hearing, click here.

Texas Supreme Court Justice Debra Lehrmann has written a very compelling statement about the importance of the new SBOT Child Protection Law Section and the need to protect the rights of children. Justice Lehrmann is serving as the Chair of the new section. TLC believes that under Justice Lehrmann's outstanding leadership, the new section will elevate the practice of law in this field. To view Justice Lehrmann's powerful comments, click here. Also, don't miss the chance to become an inaugural member of the new Child Protection Law Section!! Your $20 dues will help the new section accomplish its mission to educate and empower the attorneys who are committed to representing our most vulnerable and important members of society. You can join through your SBOT "My Bar Page".

According to the Austin American Statesman, Judge Paul Rotenberry of Abilene has ordered DFPS Commissioner Hank Whitman to appear in court on Wed., Jan. 31, 2018, to explain how it is that a 14-year old foster youth has repeatedly run away from foster care. Citing court documents, the Statesman reported that Judge Rotenberry wants Commissioner Whitman to explain why CPS has been unable to "provide care, control, and protection" for this girl, who has run away 5 times since April, when she was still 13. To view the news article, click here.

The new Child Protection Law Section of the State Bar of Texas will be hosting its First Annual Advanced Course and Section Meeting in Austin on April 19-20, 2018. This unique experience will allow registrants to participate in a full day of CLE, a tour of the Supreme Court of Texas, and much more! To register, click here. For more details, click here.

On January 19, 2018, Hon. Janis Graham Jack issued the Final Order in the federal class action suit on behalf of Texas foster children. The order requires DFPS to change numerous policies and procedures. The order also requires that, effective immediately, DFPS must seek appointment of an attorney ad litem for every child in the PMC of the State who does not have one and, within 30 days, must submit a plan for how these attorneys will be reimbursed for their time. If a plan is not timely submitted, DFPS must reimburse the attorneys. To view the order, click here.