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10/25/15
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Report Sounds Alarm and Evaluates Misuse of Antipsychotic Drugs for Children Enrolled in Medicaid
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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.
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09/09/15
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Children's Commission Is Providing Free Trial Skills Training for Attorneys in CPS Cases - Application Deadline, Monday, September 14
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The Texas Supreme Court's Permanent Judicial Commission for Children, Youth and Families is offering a free, hands-on Trial Skills Training for less experienced attorneys handling Child Protective Services cases in Texas. A fictional CPS case and live witnesses are partnered with top-notch instructors to coach attendees through all stages of trial. The course is being conducted in Austin on November 4-6, 2015. Space is limited to 21 attorneys who represent children, parents, or DFPS on the CPS docket. The Children's Commission will contact each applicant's appointing judge to confirm suitability for the training. The deadline to apply is Monday, September 14. For more information and to submit an application,
click here.
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08/11/15
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See the Legislative Update Provided by the Texas Supreme Court Children's Commission
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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.
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07/15/15
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See Childress Paper Tracking Changes to Texas Family Code
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Charles Childress, guest commentator for Sampson and Tindall's Family Code, has once again provided TLC with his legislative update tracking changes to the Texas Family Code. To review this legislative update,
click here
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06/01/15
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Supreme Court Children's Commission Is Providing Scholarships for Attorney Training at Four Important Conferences
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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.
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05/22/15
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See Family Code Changes Signed by Gov. Abbott on April 2, 2015
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On April 2, 2015, Governor Abbott signed Committee Substitute Senate Bill 219, which is effective immediately. The bill seeks to clarify and update the health and human services statutes and changes several provisions of the Texas Family Code. Charles Childress has written a paper compiling all the sections of the Family Code which are affected by C.S.S.B 219. Mr. Childress is the former Clinical Director of the Children's Rights Clinic at UT Law School and has served as a guest commentator for Sampson & Tindall's Texas Family Code. He also serves as TLC's pro bono Consulting Attorney. TLC thanks Mr. Childress for the many ways he has shared his extensive knowledge with judges and attorneys across Texas! To view the paper,
click here.
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04/22/15
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Key Hearings on HB 524, HB 853, HB 2790, & HB 3748 Are Scheduled for April 22
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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.
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04/20/15
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See Updated Summary of Pending Legislation Affecting Child Protection as of April 20
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Sandra Hachem, Senior Assistant County Attorney for Harris County, has prepared an updated legislative summary of pending legislation as of April 20, 2015, relating to child protection. The summary of each bill include comments regarding possible consequences and other issues of note. Ms. Hachem's latest summary also includes legislative action taken through April 17, 2015. TLC thanks Ms. Hachem for allowing us to share these summaries with the judges and attorneys who use TLC's Online Center. Please note that the comments do not reflect the official position of the Harris County Attorney or of TLC. To view the updated summary,
click here.
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04/20/15
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Key Hearings on HB 1014 and SB 414 Are Scheduled for April 20
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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.
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03/31/15
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See Summary of Pending Legislation Affecting Child Protection
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Sandra Hachem, Senior Assistant County Attorney for Harris County, prepares summaries of pending legislation relating to child protection. These summaries include comments regarding possible consequences and other issues of note. Ms. Hachem's latest summary also includes legislative action taken as of March 31, 2015. TLC thanks Ms. Hachem for allowing us to share these summaries with the judges and attorneys who use TLC's Online Center. Please note that the comments do not reflect the official position of the Harris County Attorney or of TLC. To view the summaries of key bills affecting child protection,
click here.
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03/30/15
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The State Bar's Committee on Child Abuse and Neglect Seeks Nominations for Its Annual Fairy Davenport Rutland Award for Distinguished Service to Children and Families
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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
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03/05/15
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Children's Commission Is Providing Free Trial Skills Training for Attorneys in CPS Cases - Application Deadline, 8:00 am, March 10
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The Texas Supreme Court's Permanent Judicial Commission for Children, Youth and Families is offering a free, hands-on Trial Skills Training for less experienced attorneys handling Child Protective Services cases in Texas. A fictional CPS case and live witnesses are partnered with top-notch instructors to coach attendees through all stages of trial. The course is being conducted in Austin on April 15-17, 2015. Space is limited to 21 attorneys who represent children, parents, or DFPS on the CPS docket. The Children's Commission will contact each applicant's appointing judge to confirm eligibility for the training. The deadline to apply is 8:00 am, Tuesday, March 10. For more information and to submit an application, click here.
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11/19/14
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Tipsheet Answers Questions for Foster Youth to Complete the Free Application for Federal Student Aid (FAFSA)
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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.
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11/12/14
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Texas Sunset Advisory Commission Is Conducting Key Hearings Regarding HHSC & DFPS on Nov 12 & 13
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The Texas Sunset Advisory Commission (the "Sunset Commission") is holding a public hearing on the Texas Health and Human Services Commission ("HHSC") and the 5 agencies which are under it, including the Texas Department of Family and Protective Services, on Nov. 13, 2014, beginning at 9:00 am in the Senate Finance Committee Room, which is in the State Capitol Extension, Room E1.036. Additionally, the state agencies under review provided testimony in a separate hearing on Nov. 12. The Sunset Commission has recommended extensive changes, including consolidating the 5 agencies which are currently under HHSC.
To view the hearing agenda, click here.
To view the Sunset Staff Report, click here.
To watch the live feed of the Nov. 13 hearing, click here.
To see the archived video of the Nov. 12 hearing, click here.
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10/10/14
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TexProtects Releases Research Brief that Explains CPS Process and Includes Flowcharts
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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.
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09/22/14
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USCIS Is Providing an Email Address to Answer Questions Regarding Special Immigrant Juvenile Status
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Courts and child welfare professionals may submit general questions about the Special Immigrant Juvenile Program to the United States Immigration and Citizenship Service (USCIS) by email at USCIS-IGAOutreach@uscis.dhs.gov. Case specific questions should not be submitted to this address. For inquiries about specific cases, you may call the USCIS National Customer Service Center at 800-375-5283. Children who are present in the United States but were not born here, who may have been abused, abandoned, or neglected by a parent, may qualify for immigration protection under Special Immigrant Juvenile Status. A state court of competent jurisdiction must make specific findings to determine eligibility. For more information on assistance available through USCIS,
click here.
For more information about SIJS,
click here.
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09/12/14
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You Can Join the NACC for Only $50 If You Join by October 31
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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.
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09/01/14
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Increase in Foster Child Fatalities Prompts New Rules for Screening Foster Parents
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New rules requiring child placing agencies that monitor foster homes to screen potential foster parents and caregivers more thoroughly became effective on September 1, 2014. In addition to past requirements for interviews, background checks and safety assessments, the new rules require an interview of a family member not living in the home, two interviews of other community members, interviews of all foster parents' adult children, assessing foster parents' relationships and finances, reviewing any law enforcement calls to the home for two years, and information about emergency caregivers. Agencies will be required to monitor major household changes. The rules resulted from an increase in fatalities among foster children in 2013. In 2013, eight foster children died due to abuse or neglect in homes, compared to two children in 2012. To view the DFPS press release about the new rules,
click here. To view the Revision Memo outlining the changes,
click here.
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08/01/14
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Providence Terminates Its Contract for Foster Care Redesign
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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.
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06/17/14
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Texas Sunset Advisory Commission Is Conducting Key Hearings Regarding DFPS on June 24 & 25
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On June 24 & 25, the Texas Sunset Advisory Commission will hold key hearings regarding the Texas Department of Family and Protective Services ("DFPS"). The Sunset Advisory Commission looks at an agency's functions to enhance accountability to the legislature and to the citizens of Texas. The Sunset process affects how agencies function over the next decade. You can provide input to the Commission regarding DFPS by submitting the Commission's input form through Monday, June 30. You can also watch the hearings online. On June 24, the Commission will hear presentations from Commission staff, followed by the response from DFPS. This hearing begins at 10:00 a.m. in room E1.036 of the Capitol Extension. On June 25, the Commission will hear public testimony beginning at 9:00 a.m. in the same room. To view the agenda, click here. To watch the hearings, click here. To access the input form,
click here.
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06/06/14
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Texas Supreme Court Opens Door to Allowing Termination to Be Affirmed on Ground Not Found in Judgment
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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.
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06/03/14
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Texas State Bar Committee on Child Abuse and Neglect Is Sponsoring a Statewide Child Welfare Law Conference in Houston on June 18
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The Texas State Bar Committee on Child Abuse and Neglect is sponsoring a statewide child welfare law conference in Houston on June 18 and offering 6 hours of CLE for just $15!! Funding was provided by the Texas Supreme Court's Commission for Children, Youth and Families, among others. This conference, "Changing Lives -- Breaking the Cycle," is in collaboration with the Infant & Toddler Court Initiative of Fort Bend and Harris Counties, which is sponsoring the Keeping Infants and Toddlers Safe (KITS) Annual Training as part of this conference on June 19-20. Topics on June 18 include: "Warriors for Children," by Shari Shink, J.D., Founder of the Rocky Mountain Children's Law Center, a panel discussion led by TDFPS Commissioner John Specia, and break-out sessions for parents' attorneys, children's attorneys, and TDFPS attorneys. The conference will also provide a great opportunity to network with colleagues from across the state. Participants can register for one, two, or three days of the conference. To see the full agenda,
click here.
To register online, click here.
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05/30/14
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Children's Commission Is Providing Attorney Registration Scholarships for Child Abuse and Neglect Workshop at Advanced Family Law Conference - Deadline June 27
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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.
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05/15/14
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Speaker Joe Straus Creates House Select Committee on Child Protection
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Speaker of the Texas House of Representatives, Joe Straus, has created the House Select Committee on Child Protection to study the incidence of child abuse and neglect fatalities in Texas and to make recommendations to protect children. Nine legislators were appointed to the Committee, which will be chaired by Rep. Dawnna Dukes (Austin) and will work in concert with the public members of the Protect our Kids Commission, which was created by the legislature in 2013. In developing its recommendations, the Committee is charged with, among other things, monitoring the ongoing efforts of the Texas Department of Family and Protective Services and the National Commission to Eliminate Child Abuse and Neglect Fatalities, as well as suggesting improvements to the screening, assessment, training, and support of potential foster and kinship families. To view the full charge to the Committee,
click here. To view the Speaker's press release,
click here
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04/22/14
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House Corrections Committee Will Conduct Key Hearing on Juvenile Justice on April 22
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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.
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04/14/14
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The House Human Services Committee Will Conduct a Key Hearing on Foster Care Redesign and on the Texas Adoption Process on April 15
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On Tuesday, April 15, 2014, beginning at 9:00 a.m. in Room E2.030, the House Committee on Human Services will hear testimony on its interim charge concerning Foster Care Redesign. The charge focuses on reviewing the impact of Foster Care Redesign on the child welfare system regarding matters including child safety, placement stability, permanency, and foster parent recruitment and retention. The Committee will also consider its charge regarding the affordability and efficiency of the Texas adoption process. To view the hearing notice and the complete interim charges, click here.
To view the hearing live, click here.
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03/05/14
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The State Bar's Committee on Child Abuse and Neglect Seeks Nominations for Its Annual Fairy Davenport Rutland Award for Distinguished Service to Children and Families
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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.
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02/18/14
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New Paper Explains Unworkability of the Interstate Compact on the Placement of Children
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On Feb. 18, 2014, Professor Vivek Sankaran released his paper entitled "Foster Kids in Limbo: The Effects of the Interstate Compact on the Placement of Children on the Permanency of Children in Foster Care." Sankaran is Clinical Professor of Law and Director of the Child Advocacy Law Clinic at the University of Michigan Law School. He is nationally known for his expertise on the Interstate Compact on the Placement of Children. In this paper he explains how the ICPC is unworkable and negatively affects children in the care of the state. He points out the lack of deadlines for home studies, lack of clear standards for evaluating potential placements, denial of placements for arbitrary reasons, and lack of administrative procedures for independent review of denials. The paper was written for the Annie E. Casey Foundation. To read the paper, click here.
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02/12/14
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The Senate Committee on Health and Human Services Will Conduct a Key Hearing on Improving Child Protective Services on Thursday, Feb. 20, 2014
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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.
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02/03/14
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Native American Organizations Ask Department of Justice to Investigate Treatment of Children in Child Welfare System
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On Feb. 3, 2014, four Native American organizations sent a letter to the Civil Rights Division of the U.S. Department of Justice requesting an investigation into the treatment of Native American children in the child welfare system. The letter alleged violations of the Indian Child Welfare Act and the U.S. Constitution by state child welfare and private adoption systems. Allegations included the ignoring of tribal membership, failure to notify tribes when children are taken into custody, defying tribal placement preferences, denying tribes a presence in the courtroom, scoffing at Native American culture, demeaning parents and traditions, and using professional attorney networks to encourage circumventing of the ICWA. A high-profile U.S. Supreme Court case, Adoptive Couple vs. Baby Girl, 133 S.Ct. 252 (2013), triggered widespread interest in the ICWA when the Court ruled that the Native American child had to be removed from her Native American father and returned to the adoptive parents. To read the letter, click here. To read the case, click here.
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