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.

TLC is pleased to announce that it has replicated its Online Legal Resource and Communication Center for Alabama. The Alabama Online Center is called "Child Defend" and is the showpiece of the new Juvenile and Family Justice Center at the University of North Alabama in Florence. The project is being operated in collaboration with Alabama's Department of Child Abuse and Neglect Prevention. Click here to view an article from the press conference announcing Alabama's new Online Center. TLC will also soon be replicating its Online Center for Florida. In December 2008, TLC replicated its Online Center for California in collaboration with California's Center for Children, Families and the Courts, which is part of California's Administrative Office of the Courts.

The State Bar's Committee on Child Abuse and Neglect is seeking nominations for its annual Fairy Davenport Rutland Award for Distinguished Service to Children and Families. The award is named after Ms. Rutland in recognition of her exceptional leadership as a founding member and chair of the Committee for over 20 years and her continuing dedication and many ongoing contributions to the field of child welfare. The award honors an attorney who has made a substantial contribution to the field of advocacy for abused and neglected children. The deadline for nominations is April 13, 2012. Click here to view the nomination form.

On October 17, 2011, the BBC released worldwide the results of its months-long investigation of child maltreatment fatalities in the U.S. The report, "America's Child Death Shame," discusses the problem of child deaths in America by focusing on Texas, which has the highest rate of child deaths from abuse in the country. The report includes comments from several Texas professionals, including Audrey Deckinga, Asst. Commissioner for CPS, Madeline McClure, Executive Director of TexProtects ( Texas Association for Protection of Children), and Matthew Cox, M.D., Medical Director of the REACH Clinic at Children's Medical Center. The Every Child Matters Education Fund, one of the organizations participating in the National Coalition to End Child Abuse Deaths, noted that despite up to 2,500 child deaths a year in America, national media in the U.S. have never reported on the issue in as comprehensive a manner as the BBC has now done. The National Coalition to End Child Abuse Deaths hopes that the BBC's report will prompt a federal inquiry and a national strategy for combating the problem. To watch segments of the BBC report online, click here and then click on each of the various segments of the report to view all of them. To view the recommendations of the National Coalition to End Child Abuse Deaths, see TLC's Recent News item dated December 14, 2010. To learn more about the work of the Every Child Matters Education Fund, click here.

The National Council of Juvenile and Family Court Judges (NCJFCJ) is providing several scholarships for its judicial training program, "2011 Managing Challenging Family Law Cases," which is being co-sponsored by NCJFCJ and the National Judicial College. The conference is being held from October 24-27, 2011, in Reno, Nevada. The scholarship covers the $985 tuition fee, and the participant is responsible for the $245 conference fee and all travel expenses. To learn more about the training program and the scholarships, click here.

Results of a study published in the journal Pediatrics showed an increase in abusive head trauma cases between 2004 and 2009. The study examined 422 diagnoses of children under 5 in 74 counties. The number of cases rose from 9 per 100,000 children before the recession to almost 15 per 100,000 during the recession. The article is entitled "Abusive Head Trauma During a Time of Increased Unemployment: A Multicenter Analysis." To view the article, click here.

The National Council of Juvenile and Family Court Judges (NCJFCJ) has issued a news alert saying that it has learned of a nationwide protest that is planned for this Friday, August 12, by an organization called "govabuse," which is reportedly going to direct its protest against Child Protective Services workers, family court judges, and guardians ad litem. At this time, the protest is planned from 9 a.m. to 5 p.m. outside courthouses in at least 42 states around the nation. The group's website identifies 12 Texas counties where protests are planned. To visit the group's website to see the list of Texas protest sites, click here. Current NCJFCJ President, Hon. Patricia Martin, was recently quoted in a Southern Poverty Law Center blog about the protest. Although the protest is billed as nonviolent, TLC wanted you to be aware of the possibility that this may be happening in your county. To learn more and to view the comments of Judge Martin, 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 34th National Child Welfare, Juvenile, and Family Law Conference sponsored by the National Association of Counsel for Children, which will be held from Aug. 29 - Sept. 1, 2011, at the Hotel del Coronado in San Diego, California. The deadline to apply for a scholarship is the close of business on Friday, June 24. The scholarship covers registration only and does not include expenses for travel or lodging. To view the requirements to be eligible to apply and to access the application form, click here.

On June 16, 2011, the U. S. Supreme Court held that a juvenile's age properly informs Miranda custody analysis. In J.D.B. v. North Carolina, the Court considered the interrogation of a 13-year-old in a room at his school by uniformed police officers. The juvenile was not read Miranda rights and gave a confession. The Court explained that a child's age affects his perception of whether he is free to leave, and ruled that the interrogators should have taken age into consideration in determining whether the child was "in custody" and, therefore, entitled to Miranda warnings. To view the Court's opinion, click here.