On September 13, 2021, the Court Monitors in M.D. v. Abbott filed their report on safety concerns regarding children without placement and the foster care capacity crisis. The Monitors summarized their findings by saying, "As detailed in this report, the Monitors found substantial risks to children's safety associated with Texas's decision to continue housing children in unregulated CWOP Settings, such as offices, unlicensed facilities and cottages, or in hotels and motels. The monitoring team's interviews with PMC children and supervising DFPS staff in CWOP Settings, as well as extensive reviews of State records, confirm that by housing children in these unregulated settings, Texas has assigned children to caregivers who are overburdened and not well-trained to ensure their safety, placing them at an unreasonable risk of serious harm." On September 14, 2021, Judge Jack conducted a hearing in which she responded to DFPS' claim that her orders created the capacity crisis. According to the Dallas Morning News, Judge Jack "ripped Texas for failing to police bad foster care providers and then blaming her orders for a subsequent bed shortage after she forced the state to act." To review the Court Monitors' Report, click here. To review the Dallas Morning News article, click here. To review other articles on safety concerns and the capacity crisis, click here and here.

On December 27, 2020, the Consolidated Appropriations Act became law, in response to the coronavirus pandemic. Significant provisions affect child welfare law, including extended benefits for foster youth and recently aged-out foster youth. Texas Lawyers for Children has added important new resources to our Online Resource Center to assist you in guiding your older youth foster care clients in gaining access to increased benefits and removal of restrictions for aging out youth. To access the resources, on the TLC home page go to Resources, Browse by Topic, Consolidated Appropriations Act. Benefits include: a moratorium on foster youth aging out of care until September 30, 2021; an opportunity for re-entry to foster care for youth who aged out since April 1, 2020, with no upper age limit; extended age limits for Education and Training Vouchers and increase in individual awards; lifting of education and employment restrictions on a youth to remain eligible for IV-E foster care funding; housing and driving education benefits; increased cash and services for foster youth housing, food, technology, and employment; and, the ability to apply for housing assistance before aging out and extension of housing vouchers. The explanatory documents in the Online Center include summaries of child welfare provisions in the act, tip sheets, and guidance memoranda from the Children's Bureau.

On December 18, 2020, the federal district court in M.D. v. Abbott issued an Order of Contempt, finding that the State has violated certain provisions of the court's remedial order and has continued to subject the children in the permanent managing conservatorship of the State to an unreasonable risk of serious harm. The violations include failures to timely investigate abuse and neglect allegations for children in foster care, lack of communication between HHSC and DFPS and within DFPS that hindered efforts to ensure child safety, erroneously ruling out abuse/neglect allegations, and allowing facilities to remain open that had been deemed unsafe for children in foster care. To read the lengthy December 18 Order, which the judge stated she wrote because "the children deserve nothing less," click here. To read a Dallas Morning News article summarizing the Order, click here. For many of the violations, the district judge did not apply sanctions, but required the State to submit a Certification of Compliance within 30 days of the Order and decided that any sanctions would be decided at a later hearing, set for May 5, 2021. For Remedial Order #22 ("Failure to implement a credible system for considering a licensed provider's history as to allegations of abuse and neglect"), the court required a Certificate of Compliance (with accompanying documentation) within 15 days, or sanctions of $75,0000/day would be applied. This Certification was filed on December 31, 2021. Governor Abbott has instructed the Commissioners of HHSC and DFPS to comply with the court's orders. As previously discussed, the Court Monitors issued their Report in June 2020 and concluded that "Texas's overdue, incomplete, and at times, incompetent investigations of child abuse or neglect betray the State's special relationship with, and responsibility to children, placing them at risk of future harm by perpetrators whose maltreatment of children goes unchecked.  . .  . . .The problem is systemic and enduring . . . as children's safety hangs in the balance." Id. To view the complete report, please see the Recent News item dated June 16, 2020.

Texas Lawyers for Children recently added important new resources to its Online Resource Center. Browse any of the topics following these titles to read the new materials. Helping Children Participate in the Permanency Process by Christina Rainville, Bennington County Vermont State's Attorney Office: Child: Court Attendance; Trauma-Informed Judicial Practice; Evidence: Child Witness. Immigrant Crime Victim Access to Relief During the COVID-19 Crisis Under the CARES and FFCRA Acts, by Rafaela Rodrigues and Leslye E. Orloff, National Immigrant Women's Advocacy Project: Families First Coronavirus Response Act; Domestic Violence: Victims; Rights: Victim. Involving Children in Hearings: Judicial Bench Card, by ABA Permanency Barriers Children in Court Workgroup: Child: Courtroom Attendance. The Indian Child Welfare Act (ICWA): Lessons From the Last Frontier, by Rachel Espejo, J.D. and Courtney Lewis, J.D., Alaska Public Defender Agency: Indian Child Welfare Act and Native Americans. When Attorneys Should Object to the Overuse of Psychiatric Medication in Foster Children by Martin Irwin, M.D. and Suchet Rao, M.D.: Psychotropic Drugs and Psychiatry: Child. Making the Agency's Witness Your Own: Cross Examining the Case Worker by Victoria Bleier and Eleanor Wilkinson: Cross-Examination; Trial: Preparation; and Caseworkers. Termination of Parental Rights & Adoption: Brave Conversations on Parental Loss and Holistic Advocacy by Heather Wilson: Childhood Traumatic Grief; Separation Trauma; Trauma-Informed Advocacy: Ad Litem; and Termination: Trauma to Child. Emergency Motion for an Order That Child Be Placed at Home by Cristina Freitas and Debbie Freitas: Coronavirus; Congregate Care: Placement; and Residential Care: Placement. Making Least Restrictive a Reality: Tools to Challenge Congregate Care Placements by Cristina Freitas and Debbie Freitas: Least Restrictive Setting: Placement; Racial Discrimination: Child Welfare; Family First Prevention Services Act of 2018; Records: School; and Trial: Preparation. Safeguarding the Rights of Parents With Intellectual Disabilities in Child Welfare Cases: The Convergence of Social Science and Law, by Robyn M. Powell: Americans with Disabilities Act; Mental Capacity: Termination; and Disabled Adults. Trauma: What Child Welfare Attorneys Should Know from National Child Traumatic Stress Network: Trauma-Informed Advocacy: Ad Litem; Trauma: Treatment; and Trauma: Assessment.

Texas Lawyers for Children, the Child Protection Connection for Texas, will be hosting its free Legal Professional Trauma Training via webinar this fall. While we are disappointed that COVID-19 has limited our ability to conduct the remaining trauma training sessions live, we are glad to be able to offer the full training in a digital format.   We will conduct the Legal Professional Trauma Training via webinar on the following dates: September 16-18; September 30-October 2; and, October 14-16. Please note that the training starts at noon on Wednesday and runs all day on Thursday and Friday. We offer frequent breaks to allow training participants to take care of work and personal needs. The training is designed to be completed in its entirety, with each session building on the last. Because the sessions on Wednesday are foundational to all of the other learning, we kindly ask that you only register if you can attend from noon-4:00 on Wednesday afternoon.  The first portion of the course will include an overview of the impact trauma has on children and the effect responses have on children's recovery and case outcomes. The second portion will focus on how to advocate for children who have experienced trauma in our child welfare and juvenile justice systems and ways legal professionals can transform the system to one that is trauma-informed. Former foster youth will participate in the training to share their experiences. After the training, ongoing coaching and support will be provided through TLC's Online Center. These training sessions are free and open to anyone who works with or makes decisions on behalf of children in our child protection and juvenile justice systems, including multidisciplinary professionals. Attendees receive 15 hours of CLE credit and Family Violence CJE credit. For a brochure on the trainings, click here.

During the first week of August 2020, the American Bar Association House of Delegates approved three resolutions addressing child protection. One resolution encourages the legal community to engage with individuals who have lived experience in the child welfare and juvenile justice systems. An attached report provides concrete examples for legal organizations to engage individuals with lived experience and to improve diversity efforts. To read it, click here. Another urges governments to prohibit strip searches of children except in narrow circumstances, to conduct strip searches respecting a child's sexual orientation and gender identity, to prohibit body cavity searches, and to promote awareness of the traumatic effects of strip searches of children. To read it, click here. The third resolution urges legislation and policies prohibiting use of seclusion and mechanical and chemical restraints on preK-12 students. To read it, click here.

Texas Lawyers for Children is proud to be a partnering organization for the National Association of Women Lawyers (NAWL) 2020 Annual Meeting, scheduled to take place as a virtual conference on July 15 and 16. As a partnering organization, TLC's users get a 10% discount on registration. You can register here and use discount code "AM20TLC" to receive the 10% discount. From the NAWL website: "Join leading women lawyers from across the United States and abroad at the NAWL 2020 Annual Meeting. NAWL will recognize and honor leading lawyers who have made a significant impact to improve and diversify the legal profession, as well as NAWL members who, through their time and effort, have made exceptional contributions to fulfilling NAWL's mission. In addition, you will have the opportunity to participate in interesting substantive programming along with plenty of networking opportunities. You will leave inspired to reach new levels of success in your practice."

On May 13, 2020, National Association of Counsel for Children will host "Trauma-Responsive Skills for Lawyers During COVID-19," a free webinar open to members and non-members. Presenters Rebecca M. Stahl, J.D., LLM, SEP and Cynthia Bowkley, J.D., CPPM, SE Advanced Student will address the ways COVID-19 is affecting legal practice, attorneys, and clients. They will suggest simple tools to manage stress and maximize performance in response to the physical, mental and emotional impacts on attorneys. How to assist clients in regulating trauma reactions in high stress situations, including the courtroom, will be addressed also. The webinar is 1:00-2:30 p.m. Central. Click here to register.

Carrington Coleman law firm has issued "COVID-19 Client Alerts" that explain federal loan programs available to small businesses during the coronavirus crisis. Texas Lawyers for Children is making the alerts available to its users, many of whom are small and solo firms in need of economic relief. The alerts may be found as one document in the Texas Lawyers for Children Online Resource Center. Go to the home page, Browse by Topic, Coronavirus, Articles and Papers. Other resources to assist in your practice are there also.

The State Bar's Child Protection Law Section is seeking nominations for its first annual Rutland Excellence in Advocacy Award. The award is named after Fairy Davenport Rutland in recognition of her exceptional leadership as a founding member and Chair of the State Bar's Committee on Child Abuse and Neglect for over 20 years and her continuing dedication and many ongoing contributions to the field of child welfare. The award recognizes an attorney who has provided distinguished services within the child protection field. The deadline for nominations is March 4, 2020. The award recipient will be announced at the Advanced Child Protection Law Course, which is being conducted in Houston on March 26 & 27. To view the requirements for nominations, click here.

The Child Protection Law Section of the State Bar of Texas, chaired by Texas Supreme Court Justice Debra Lehrmann, will be hosting its Third Annual Advanced Child Protection Law Course on March 26-27 in Houston. This advanced course features a keynote address by Bruce Perry, M.D., Ph.D., on the misdiagnosis of mental disorders in foster children and the inappropriate use of psychotropic medication, as well as presentations involving 2 Texas Supreme Court Justices, multi-ethnic issues, a technology workshop, a prep session for the Child Welfare Law Specialization Exam, and many other timely topics. To view the conference brochure, click here. To register online, click here.

In December 2019, The Kansas City Star published the results of a survey of inmates in 12 states who were formerly in foster care. The investigation resulted in a series of six stories and nine videos describing the stark outcomes for children in foster care. The newspaper contacted every state asking for participation in the survey. Twelve states agreed and distributed the one-page questionnaires to inmates. The year-long investigation also took a comprehensive look at long-term outcomes for children who age out of the foster care system. It revealed the trauma that children suffer going into foster care and the need for trauma-informed services. Also interviewed were social workers, child welfare experts and advocates, law enforcement, judges, foster parents, doctors, scientists, and lawyers. The Star team also reviewed decades of class action suits against states and child welfare budget statistics. The stories are available here. The videos are available here.

On August 28, 2019, the Supreme Court of Texas Permanent Commission for Children, Youth and Families issued a Jurist in Residence letter reminding attorneys and judges of education opportunities for children in foster care. The letter includes pre-K eligibility, advocates available for primary and secondary students, and higher education opportunities. To read the letter, go here. Jurist in Residence letters are a program of the permanent commission. For a list of all JIRs, go here.

Texas Lawyers for Children is excited to announce our new Legal Professional Trauma Training Program, a two-day live training event (with 15 hours of CLE and Family Violence CJE Credit) that will increase your understanding regarding children and families who have experienced trauma, how to advocate for their healing, and ways we can work together to promote systemic change. The grant from the Office of the Governor will allow us to offer the following training events for FREE: Dallas (June 6-7), Lorenzo Hotel--hotel discount ends May 23; Austin (mid-September); Houston (early October); Panhandle Area (late October). We have also sought an additional grant to provide this training in more cities throughout the state and will keep you posted about other opportunities. For more information about this exciting new program, please click here to see the brochure.

The new Child Protection Law Section of the State Bar of Texas, chaired by Texas Supreme Court Justice Debra Lehrmann, will be hosting its Second Annual Advanced Child Protection Law Course on March 28-29 in Dallas. This advanced course includes presentations involving 3 Texas Supreme Court Justices, a keynote address regarding the federal class action suit brought on behalf of Texas foster children, a prep session for the Child Welfare Law Specialization Exam, and many other timely topics. Thanks to funding from the Texas Supreme Court Children's Commission, a limited number of scholarships will be provided on a first come, first served basis to qualifying applicants. Scholarship recipients will be notified by February 15, 2019. To view the conference brochure, which includes information regarding how to apply for a scholarship, click here.