On March 25, 2015, the Office of Inspector General of the U.S. Department of Health and Human Services released a report entitled "Second-Generation Antipsychotic Drug Use Among Medicaid-Enrolled Children: Quality-of-Care Concerns." The report follows an evaluation of medical records of children in California, Florida, Illinois, New York, and Texas in which 687 Medicaid claims were made for second-generation antipsychotics (SGAs). SGAs treat psychiatric disorders such as schizophrenia, bipolar disorder, and psychotic depression. The evaluation examined quality of care, given that little research has looked at the safety of prescribing these drugs for children. The evaluation found that only eight percent of SGAs were prescribed in conformance with medically accepted pediatric indications. HHS recommended that the Centers for Medicare and Medicaid Services review, with state Medicaid programs, the use of SGAs for children; that CMS and states periodically review medical records of children prescribed SGAs; and, that CMS and states consider how to implement oversight of SGAs prescribed to children. To view the report, click here.

The Texas Supreme Court Commission for Children, Youth and Families has graciously shared their legislative update with TLC. The Commission has also provided highlights of some of the more significant changes to the Texas Family Code. To view the highlights, click here. To view the update, click here.

The Texas Supreme Court's Permanent Judicial Commission for Children, Youth and Families is generously providing scholarships to a limited number of Texas attorneys in connection with 4 important conferences this summer. Applicants must either be currently representing DFPS or taking court appointments on the CPS docket. Two scholarships are for the two conferences sponsored by the ABA Center on Children and the Law in Washington, D.C. in July. The ABA Conference for Parents' Attorneys is entitled "Achieving Justice Against the Odds" and will be held from July 22-23, 2015. The ABA Conference for Children's Attorneys is entitled "Advancing Access to Justice for Children and Families" and will be held from July 24-25, 2015. Each scholarship is a reimbursement for approved expenses up to $1,200. The deadline to apply for either of these scholarships is Friday, May 22, 2015. Another scholarship is for the registration fee for the one-day Child Abuse and Neglect Track at the State Bar's Advanced Family Law Conference. This live one-day track is sponsored by the State Bar Committee on Child Abuse and Neglect and will be held on Wednesday, August 5, 2015, in San Antonio, with video replays in Dallas on October 2, 2015, and in South Padre Island on October 16, 2015. The deadline to apply for this scholarship has been extended to Monday, June 22, 2015. The final scholarship is for the 38th National Child Welfare, Juvenile, and Family Law Conference to be held in Monterey, California, from August 25-27, 2015. This scholarship is for the conference registration fee and is only available to those who have received their NACC Child Welfare Law Specializatioin. The deadline to apply for this scholarship is Monday, June 15, 2015. For further details about each conference and scholarship, and to access the application form for each scholarship, please click here.

The House Committee on Juvenile Justice and Family Issues is scheduled to conduct hearings on HB 524 and HB 853 (and several other bills) on April 22. HB 524 is similar to SB 414 (which was heard by the Senate State Affairs Committee on April 20) and creates the circumstance where error in consolidating a parental termination suit with a grandparent suit could make the judgment void and could compromise the judgment so that the parental termination would be subject to challenge at any time. To learn more, please see the comments on page 13 of the updated legislative summary posted in TLC's Recent News section on April 20. HB 853 adds Chapter 57A to the Code of Criminal Procedure to require use of a pseudonym for a child victim and makes disclosure of the child's name a criminal offense (Class C misdemeanor) except in limited circumstances. This could affect child protection efforts since it will not be possible to determine from public law enforcement records if a child in a particular case was a prior victim of a perpetrator. To learn more, please see the comments on pages 24-25 of the updated legislative summary posted in TLC's Recent News section on April 20. The House Education Committee is scheduled to conduct hearings on HB 2790 and HB 3748 (and several other bills) on April 22. HB 2790 creates measures to ensure that certain adopted students are informed of their eligibility for tuition and fee exemptions at certain institutions of higher education. HB 3748 relates to coordination of education support services for and information regarding students who are currently or were formerly placed in foster care and includes helping transition students in substitute care who move from one school to another and designates a "liaison officer" to help students who were formerly in foster care. To view the hearing notice for HB 524, click here, for HB 853, click here, for HB 2790, click here, and for HB 3748, click here. To watch the live broadcasts of the House Committee hearings, click here.

The House Criminal Jurisprudence Committee is scheduled to conduct a hearing on HB 1014 (and several other bills) on April 20 beginning at 2:00 pm or after adjournment. HB 1014 permits expunction of certain crimes that could impact investigations by DFPS. To learn more, please see the comments on pages 29-30 of the updated legislative summary posted in TLC's Recent News section on April 20. Also on April 20, the Senate State Affairs Committee is scheduled to conduct a hearing on SB 414 (and several other bills) beginning at noon. SB 414 creates the circumstance where error in consolidating a parental termination suit with a grandparent suit could make the judgment void and could compromise the judgment so that the parental termination would be subject to challenge at any time. To learn more, please see the comments on pages 98-99 of the updated legislative summary posted in TLC's Recent News section on April 20. To view the hearing notice for HB 1014, click here. To watch the live broadcast of the hearing on HB 1014, click here. To view the hearing notice for SB 414, click here. To watch the live broadcast of the hearing on SB 414, click here.

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 14, 2015. To view the nomination form, click here

Due to unique situations that often arise for foster youth, they may have difficulty knowing how to answer some of the questions on the Free Application for Federal Student Aid (FAFSA). This tip sheet specifically addresses how to answer various questions on the 2014-2015 FAFSA. To view the tip sheet, click here.

The Texas Association for the Protection of Children (TexProtects) has released "Understanding Texas' Child Protection Services System," a research brief that provides a detailed understanding of the CPS process and how a case moves through the system. The brief goes through the specifics of intake, investigation, family-based safety services, substitute care, and reunification. Included are several flowcharts of the system and a list of acronyms. Information on CPS practice and policy is current as of Spring 2014. To read the brief, click here.

TLC is collaborating with the National Association of Counsel for Children (NACC) to provide you with a special opportunity to receive a Bronze Membership with the NACC for only $50 if you join by October 31, 2014. The NACC is a multidisciplinary organization that works to strengthen legal advocacy for children and families nationwide. Membership is open to judges, attorneys, and child welfare professionals. A Bronze Membership will give you access to the NACC's numerous resources, as well as a discount on the registration fee for their annual National Child Welfare, Juvenile, and Family Law Conference. For more details about the NACC's resources and information on how to receive this special discount, click here.

Providence Service Corp. of Texas has voluntarily terminated its contract to provide services for the State's foster care redesign efforts. The 5-year contract between DFPS and Providence went into effect on February 1, 2013, and covered services for about 1,100 foster children in 60 counties in West Texas. The contract included an opt-out clause for either party. DFPS will now contract directly with providers in that area as was done prior to the contract with Providence. To view the press release from DFPS, click here. To view a news article about the termination, click here.

On June 6, 2014, the Texas Supreme Court issued an opinion that apparently would allow a termination of parental rights judgment to be affirmed on a ground not cited as found in the trial court judgment. The opinion in S.M.R. v. Tex. Dep't of Family Protective Services addressed the department's contention than an unfound ground, if "conclusively established" by the evidence, could be the basis for affirming the judgment. In the case, the trial court's judgment terminated parental rights on the endangerment grounds. The court of appeals reversed the judgment, holding that the evidence was insufficient to terminate on either of the endangerment grounds. (The Supreme Court held that the court of appeals applied the appropriate standard of review on those grounds.) The department argued that the court of appeals could have affirmed on the (O) failure to comply ground also, even though the judgment did not make a finding on that ground, because the evidence at trial "conclusively established" the proof necessary to make that finding. The Court seemed to give the argument some validity by saying, "The Department next contends that the evidence supporting subpart (O), the omitted ground, is not only legally sufficient but also conclusive, an argument the Vasquez line of authority did not consider." The Court then goes on to address each of the (O) elements, saying that two of them were "conclusively established" but one was not because there was a fact issue. The inference is that if the department had shown that all three elements of (O) were conclusively established, then the court of appeals could have affirmed the termination judgment on the (O) ground even though the trial court did not make that finding. To view the Court's opinion, click here.

The Texas Supreme Court's Permanent Judicial Commission for Children, Youth and Families is providing scholarships for a limited number of Texas attorneys to attend the one-day Child Abuse and Neglect Workshop at the State Bar's Advanced Family Law Conference on Aug. 6, 2014, in San Antonio. The workshop is sponsored by the State Bar Committee on Child Abuse and Neglect. The deadline to apply for a scholarship is 5:00 pm on Friday, June 27. 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.

On Tuesday, April 22, 2014, beginning at 2:00 p.m. in Room E2.010, the House Corrections Committee will hear testimony on its interim charge concerning juvenile justice. The charge focuses on analyzing and making recommendations concerning outcome-based financing models that would allow the state to partner with private investors and innovative service providers to divert youth into cost-effective and successful programs and interventions. To view the hearing notice and the complete interim charge, click here. To view the hearing live, click here.

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 9, 2014. Click here to view the nomination form.

On Thursday, February 20, 2014, beginning at 9:00 a.m. in Room E1.036 (Finance Room), the Senate Committee on Health and Human Services will hear testimony on its interim charge concerning Child Protective Services. The charge focuses on reviewing how the Department collects and uses data to evaluate agency performance and to improve outcomes for children. The Committee is also charged with making recommendations to ensure effective use of data to improve caseworker performance, as well as identifying and improving system deficiencies, improving overall outcomes for children, and reducing child fatalities. To view the hearing notice and complete interim charge, click here. To watch the hearing live, click here.