FLDS leader Warren Jeffs was convicted in Utah of 2 counts of rape as an accomplice for his role in the compelled marriage of 14-year-old Elissa Wall to her 19-year-old cousin and the subsequent sexual intercourse between them. He was sentenced to two consecutive prison terms of 5 years to life. Finding that the trial court's jury instructions on sexual consent were erroneous, the court reversed and remanded the case for a new trial, saying, "We regret the effect our opinion today may have on the victim of the underlying crime, to whom we do not wish to cause additional pain. However, we must ensure that the laws are applied evenly and appropriately, in this case as in every case, in order to protect the constitutional principles on which our legal system is based. We must guarantee justice, not just for this defendant, but for all who may be accused of a crime and subjected to the State's power to deprive them of life, liberty, or property hereafter." Click here to read the court's opinion.

The Travis County Model Court for Children and Families has issued its first newsletter. This installment focuses on the successful initiative conducted in March 2010 called "Explore UT," where 40 foster youth toured the UT campus and engaged in a number of events designed to introduce them to the many ways that attending college can impact their futures. The newsletter also discusses the Family Finding and Youth Connectedness Training the court hosted in April 2010, as well as other initiatives the court has underway. TLC thanks Hon. Darlene Byrne for graciously sharing information about her model court on an ongoing basis for the benefit of others around the state who may wish to undertake similar initiatives. Click here to view the newsletter.

The Texas Department of Family and Protective Services (DFPS) launched a foster care redesign project in January 2010. Objectives include determining the location and types of services needed, how to contract for quality services, and how to pay for the services. Guiding principles include placing children in their home communities and minimizing moves that disrupt children's personal connections and educational progress. DFPS contracted with Chapin Hall of the University of Chicago to compile data on outcomes, process of care, service quality, and system capacity. The PDF Group, LLC, will provide project management, including collaboration with external stakeholders. DFPS will make recommendations to the 2011 Texas Legislature regarding structuring foster care contracts and appropriations to promote desired outcomes for children, implications of system changes, and a way to balance demand and supply for foster care services. For more information, click here.

Hon. John Specia (Ret.), who is serving as Jurist in Residence with the Texas Office of Court Administration, is producing a series of letters giving current and compelling information for judges hearing CPS cases. In order to reach as many judges as possible with this information and in order to make the information available to attorneys as well, Judge Specia has graciously agreed to allow TLC to post these letters here. The first letter in this series provides information on health services for children in foster care through the STAR Health Program and information on psychotropic medication. Click here to view it. The second letter concerns opportunities for judges and attorneys to be provided in 2010 by the Texas Supreme Court Permanent Judicial Commission for Children, Youth and Families. Click here to view it. The third letter discusses the Permanency Care Assistance Program (PCA), which is how Texas plans to implement a very important aspect of the Fostering Connections to Success and Increasing Adoptions Act of 2008 and includes an update regarding verification under the new PCA program. Click here to view it. These letters can also be found by topic or title in the section on Articles/Papers.

Travis County is seeking a Managing Attorney for the Office of Parental Representation. The office provides representation of parents in civil matters related to child abuse and neglect. Job dutuies of the Managing Attorney include overseeing personnel, case handling, resources, and operations of the office. Interested attorneys should apply immediately through Travis County, as interviewing of candidates has already begun. To view the job posting, click here.

The National Association of Counsel for Children recently completed a report for the Nebraska Legislature, titled "Evaluation of the Guardian Ad Litem System in Nebraska." The NACC studied the state's system of child representation in abuse and neglect and delinquency cases. The report found that the guardian ad litem system in Nebraska is failing the state's children because appointees are not accountable. While children are statutorily entitled to have an attorney appointed as a guardian ad litem in every case, the report noted that the state does not have a uniform system of representation nor a uniform set of practice standards. The report also stated that guardians frequently do not inform the court of their clients' views of the case and do not receive adequate training. It also said that appointees are often a rubber stamp for the state's department of human services instead of zealous advocates for their child clients. The NACC's recommendations included establishing a statewide entity to oversee GALs, instituting mandatory practice standards, monitoring of guardians ad litem, caseload caps, and a mentoring program for new guardians ad litem. To download the report, click here.

Hon Darlene Byrne is graciously sharing information about her Model Court in Austin so that TLC can make it available to others who may be interested in starting such a court. The annual report on her court includes the goals for last year, action steps taken to reach the goals, barriers faced, and lessons learned. It also includes the goals for 2010. TLC thanks Judge Byrne for allowing us to share her work with others statewide. Click here

Starting on March 1, 2010, attorneys can apply for scholarships to attend the 33rd Annual Conference of the National Association of Counsel for Children (NACC). The National Juvenile and Family Law Conference will be conducted in Austin from October 20-23, 2010. Sponsored by the Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families (Children's Commission) and presented by the NACC, this multi-disciplinary conference is for attorneys who represent children, parents, and DFPS in child protective services (CPS) cases. The Children's Commission supports efforts to improve the quality of legal representation in CPS cases. To meet this goal, the Children's Commission is offering registration scholarships to qualifying Texas attorneys to attend this conference -- a great opportunity to receive CLE in this important area of law! Click here for details on how to apply.

The Center for Public Policy Priorities released its latest publication, The State of Texas Children: Texas KIDS COUNT Annual Data Book 2009-2010. The databook contains a county-by-county online data snapshot of Texas children's well-being. It also shows how reductions in state spending for child well-being have kept Texas among the states with the highest child poverty rates. Click here to access the databook. Also, CCCP is partnering with the U.S. Census Bureau to increase participation in the census by hard-to-reach households, especially those with young children. The CCCP census page explains why it is difficult to count young children and how other organizations and individuals can help get an accurate count. This page also has articles on why it is important that Texas get an accurate count of residents. To listen to an archived webinar on the importance of the census and how you or your organization can help, click here.

Sexually exploited teens, Tiffany Rivera and Nadeyah Shereff, who had been locked in detention facilities through the juvenile justice system under charges of prostitution, testified before the U.S. House Judiciary Committee about their experiences. Tiffany recounted being the victim of continuous rape and commercial sexual exploitation and the trauma she endured in detention. Click here to view a portion of their testimony.

From December 1-4, 2009, The National Council of Juvenile and Family Court Judges is sponsoring "Designing Your Juvenile Drug Court," an intensive workshop for juvenile drug court judges and coordinators. Travel and lodging scholarships are available for three members of your team and are awarded on a first come, first served basis. Click here for more information about the workshop and to learn how to apply for a scholarship.

Every Child Matters has determined that from 2001-2007 at least 10,440 children died in the U.S. from child abuse and neglect, more than in any other wealthy nation. Their new report details the number of deaths in each state, the amount of money each state spends to protect children, and the costs of child abuse. Texas ranks number one in child abuse deaths and 44th on per capita spending on child welfare. Click here to read the full report.

TLC is pleased to announce that the Texas Young Lawyers Association (TYLA) and the State Bar's Committee on Child Abuse and Neglect have joined forces with TLC to recruit pro bono attorneys to assist in child abuse cases. Pro bono attorneys are available to assist you with issues that arise that may be outside your area of expertise, such as disability issues, SSI benefits, and immigration law. Attorneys with less experience can even find mentors to help with the child abuse case itself or with matters such as trial skills or preparation and appellate issues. Volunteers are also willing to serve as pro bono advocates for children/youth growing up in the permanent managing conservatorship (PMC) of the state. In counties that provide court-appointed counsel but have children placed out of county, the child's appointed attorney can locate pro bono co-counsel in the county where the child is placed to assist in meeting with the child and his/her service providers. Appointed attorneys can find potential pro bono co-counsel in other counties by checking the list in the Pro Bono section of the TLC website and asking the court to appoint the co-counsel. In counties that do not appoint attorneys or CASA as advocates for children in the PMC of the state, judges may contact TLC and request a list of volunteer attorneys available in that county. Our purpose is to fill any void in representation and not to displace court-appointed advocates already filling this need. To volunteer for the Pro Bono Network, to learn more about the Pro Bono PMC project, or to find a volunteer to assist you in your cases, please go to "Pro Bono" on the blue menu bar above. The October 2009 issue of the Texas Bar Journal includes an article about the PMC pro bono project. Click here to read the article.

The State Bar's Committee on Child Abuse and Neglect (the "Child Abuse Committee") honored Richard Lavallo as the recipient of 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 contributions to the field of child welfare. The current Chair of the Child Abuse Committee, Barbara Elias-Perciful, presented the award to Mr. Lavallo at the Advanced Family Law Course in August. Mr. Lavallo is the Legal Director of Advocacy, Inc. He has devoted his career of over 20 twenty years to serving people with disabilities and those who live in poverty and has enforced children's rights in numerous contexts. Click here to read the nomination letter. Click here to see a picture of the award presentation.

The Center for Public Policy Priorities ("CPPP") has released a paper discussing new legislation impacting Child Protective Services, which was enacted in the 81st Legislative Session. CPPP also provides its recommendations for next steps following this legislation. Click here to view the paper.