CHILD PROTECTION

Recently, a spotlight has been focused on deaths from child abuse and neglect in Texas. Texas does have a higher death rate per capita compared to other states. The exact reasons for the higher rate are difficult to determine but seem to be related to two factors. First, other states may be undercounting their child abuse and neglect deaths. Second, Texas probably has a larger number of child abuse and neglect deaths per capita related to the difficult circumstances families face in Texas, specifically high child poverty, a high teen birth rate, and low child abuse and neglect prevention.

CPPP Senior Policy Analyst Jane Burstain recently offered testimony to the U.S. House Committee on Ways and Means regarding the Fostering Connections to Success and Increasing Adoptions Act.

The investments the 79th and 80th Legislatures made in the child protective services (CPS) system are paying off. More children are safely staying in their homes or with relatives and, when that is not possible, more are being adopted. As a result, fewer children are in foster care. The 81st Legislature built on these successes, making additional investments in CPS and passing legislation to further reduce the number of children entering the state’s care and improve outcomes for those children who do. This policy page discusses the details of that legislation and what needs to be done next.

In July 2008, the United States Court of Appeal for the Fifth Circuit published a decision in the case of Gates v. the Texas Department of Family and Protective Services (DFPS). The Fifth Circuit set guidelines under the Fourth Amendment of the United States Constitution for state caseworkers to follow in making investigation and removal decisions in child protection cases. This policy page discusses what Gates means for caseworkers in the field, explores its impact on Child Protective Services (CPS), and makes recommendations about what the state and CPS need to do next.

Research shows that abused and neglected children are much more likely than their peers to misinterpret neutral situations as threatening, have poor impulse control, and engage in aggressive behavior with adults and other children. These behaviors present public schools with difficult challenges. Continuing our effort to explore school outcomes for students in foster care, in this paper we compare students in foster care to the general student population and explore differences in how they fare in the school discipline system.

The House budget funds 85 percent of what Child Protective Services (CPS) needs to keep children safe in their families or with relatives, or, when that is not possible, to successfully transition out of care. In contrast, the Senate budget funds only 15 percent. In conference, the Senate needs to move towards the House budget or it will risk more failed family and relative placements, forcing more children into the more expensive alternative of foster care and risking poorer outcomes for Texas’ most vulnerable children.

"We appreciate Representative Dukes for authoring this important legislation to provide better financial support to older children in the long-term care of the state and relative caregivers. Last year, Congress passed and President Bush signed the Fostering Connections to Success Act. The act provides new federal matching funds to support extended assistance payments to older children who are adopted, extended foster care payments for older children in the long-term care of the state who are pursuing an education or a job and payments to support relatives who take permanent custody under certain circumstances. (Under the federal law, permanent custody is referred to as guardianship and under Texas law as conservatorship.) House Bill 2860 creates programs that will take advantage of these new federal funds while the Department of Family and Protective Services (DFPS) has requested the state general revenue required to fund the state share of the costs."

"We appreciate Senator West for authoring this important legislation to provide better financial support to older children in the long-term care of the state and relative caregivers. Last year, Congress passed and President Bush signed the Fostering Connections to Success Act. The act provides new federal matching funds to support extended assistance payments to older children who are adopted, extended foster care payments for older children in the long-term care of the state who are pursuing an education or a job and payments to support relatives who take permanent custody under certain circumstances. (Under the federal law, permanent custody is referred to as guardianship and under Texas law as conservatorship.) Senate Bill 1411 creates programs that will take advantage of these new federal funds while the Department of Family and Protective Services (DFPS) has requested the state general revenue required to fund the state share of the costs.

CPPP testified on HB 2040, which would provide subsidized kinship care for abused and neglected children. While we support kinship care, we recommended that the Legislature study the issue over the upcoming interim.

The 79th and 80th Legislatures made significant financial investments in Child Protective Services (CPS). CPS used those resources to improve investigations, to keep more children safe in their homes or with relatives, and to increase the number of adoptions for children who could not return to their parents’ care. But challenges remain. To meet these challenges and maintain the momentum of success, the 81st Legislature must continue to invest in CPS.

The 79th and 80th legislatures made significant financial investments in Child Protective Services (CPS). CPS has used those resources to improve investigations, keep more children safe in their homes or with relatives, and to increase the number of adoptions for children who could not return to their parents’ care. It is important that the 81st legislature maintain this momentum of success and continue to invest in CPS so that recent gains are not lost and future challenges can be met.

The 79th and 80th legislatures made significant financial investments in Child Protective Services (CPS). CPS has used those resources to improve investigations, keep more children safe in their homes or with relatives, and to increase the number of adoptions for children who could not return to their parents’ care. It is important that the 81st legislature maintain this momentum of success and continue to invest in CPS so that recent gains are not lost and future challenges can be met.

As every parent knows, children need stability and consistency. For children involved in the child welfare system, who often come from and continue to live in chaotic circumstances, a caseworker may be their only continuous and stable relationship. High caseworker turnover, however, disrupts continuity and stability. To address this problem, this policy paper analyzes turnover data on Texas’ child protective services (CPS) caseworkers and makes recommendations about how turnover can be reduced.