On Aug. 6, 2020, the Supreme Court of Texas issued its twenty-second order regarding conduct of state court proceedings during the coronavirus pandemic. It allows courts to continue to extend dismissal dates in parental rights termination cases and renews previous orders allowing remote proceedings and other accommodations for court participants. It also forbids jury trials before Oct. 1, 2020, with an exception for a limited number to be convened pursuant to a study being conducted. The previous order concerning no change to visitation and adherence to relevant school schedules was also renewed, despite schools not being open. The order also allows attorney disciplinary action matters to be held remotely. To read the order, click here. You can also find the order from the Texas Lawyers for Children home page (www.TexasLawyersforChildren.org) by going to Resources, Browse by Topic and choosing Coronavirus or Remote Hearings, then Articles & Papers.

The Children's Bureau has issued a technical bulletin to answer stakeholder questions regarding a January 2019 policy change allowing federal reimbursement for a portion of the costs of legal representation for parents and children in child protection cases. Pre-2019 policy prevented Title IV-E funds from being used to compensate states for the cost of parent and child legal representation although funds were available for legal representation of the state agency. Questions from Title IV-E agencies and tribes led to this July 2020 bulletin explaining steps that states and tribes must take before claiming the funds, the process of reporting the costs of such representation, allowable sources of matching state funds, and, the possibility of contracting with private and public agencies for providing legal representation of children and parents. Funds may also be used for partial reimbursement of staff costs and short-term training of attorneys. The bulletin clarifies that costs of child and parent representation prior to removal are also qualified for reimbursement. Only the Title IV-E agency in each state may apply for the funds and distribute them to jurisdictions that compensate such attorneys. The Children's Bureau is a division of the Administration for Children, Youth, and Families in the U.S. Department of Health and Human Services. To view the technical bulletin, click here. Previous bulletins can be found in TLC's Online Center under the topic Title IV-E Agency by going to "Resources" on the menu bar, then "Browse by Topic".

The court monitors assigned to oversee the Department of Family and Protective Services's compliance with the court order in M.D. v. Abbott, the federal class action lawsuit for the protection of children in the permanent managing conservatorship of the State, issued their first comprehensive report on June 16, 2020. After an extensive review, the Monitors concluded, "Although the State represented to the Monitors in September 2019 that, with few exceptions, Texas was compliant with the Court's remedial orders, the Monitors discovered otherwise: the results in some instances surfaced substantial threats to children's safety . . .[the] findings reveal a disjointed and dangerous child protection system, inefficiently and unsafely divided between two state agencies, where harm to children is at critical times overlooked, ignored, or forgotten." M.D. v. Abbott, Case No. 2:11-cv-00084, Doc. 869, 12 (June 16, 2020). Infractions by the State that the monitors cited include lack of response to hotline calls reporting abuse of children in foster care, failure to adequately oversee facilities, use of physical restraint, and abuse by "serial alleged perpetrators" who move from facility to facility. Id. at 13. In fact, according to the results of the review, "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, click here. To view an article from The Texas Tribune, click here and an article from the Dallas Morning News, click here.

Texas Lawyers for Children continues to post resources in the Online Center to assist judges and attorneys in managing child protection dockets during the coronavirus crisis. All resources are free to registered users and can be located by going to the menu bar and clicking "Resources," "Browse by Topic," "Coronavirus." Click on a resource type, such as Forms, Links, or Articles and Papers. To view a list of recently added resources, click here.

On April 2, from 3-4:30 p.m. Central time, the National Association of Counsel for Children ("NACC") and the ABA Children's Rights Litigation Committee will present a webinar entitled "Zealous Advocacy During COVID-19: Practical Tips and Best Practices." This free presentation is open to all who register. In the words of the NACC -- "In the uncertain times of the COVID-19 pandemic, many aspects of life have dramatically changed -- schools, court hearings, social events. What has not changed, however, are the critical and urgent needs of youth involved in the child welfare system. Join advocates from around the country who will share guidance and practical tips to safeguard and advance the rights of youth in the child welfare system during COVID-19 and beyond. Practitioners will walk away with concrete tools to determine what ongoing and unique client needs present themselves during these times and how to maintain, modify, and increase zealous advocacy amid the pandemic." To register, click here.

The Child Protection Law Section of the State Bar is offering scholarships for its Third Annual Advanced Child Protection Law Course, which is being conducted on March 26 & 27 in Houston, with Bruce Perry, M.D., Ph.D., as the keynote speaker. You must be a section member to apply. Scholarships will be awarded on a first come, first served basis. For details about the conference and how to apply for a scholarship, click here.

On Tuesday, January 14, 2020, the National Association of Counsel for Children will offer a free webinar on its two new resources, the Family First Legal Guide and the Tool for Engaging the Legal Community in Family First Implementation. These resources will assist the legal community and child welfare agencies with implementing provisions of the Family First Prevention Services Act, federal legislation passed in 2018 with the goal of keeping children safely with their families and avoiding the trauma of entering foster care. The Legal Guide is written for attorneys, judges, magistrates, and court personnel, and provides an overview about how the Family First Act changes federal child welfare law, identifies opportunities to use the Act in legal advocacy and judicial decision-making, and offers guidance on supporting effective implementation in local communities. The Tool for Engaging the Legal Community can facilitate dialogue between child welfare agency implementation teams and the legal community to address potential unintended consequences and maximize positive impact for children and families. The webinar is titled New Legal Resources for Incorporating the Family First Act into Your Practice in 2020. It will take place from 1:00 to 2:30 p.m. CST on January 14. To register, click here.

In December 2019 The Boston Globe and ProPublica published an investigation into states' compliance with the federal Child Abuse Prevention and Treatment Act. They found that no state fully complies with the act's requirements. A team of journalists spent four years collecting records and creating two national databases, one of which is a state-by-state compliance assessment. The news story contains a clickable map to see how each state measures up in protecting drug-affected infants, providing representation for abuse victims in court, and producing public reports about the children who die there. The story is available here.

The Texas Supreme Court Children's Commission is currently offering scholarships for qualifying attorneys to attend the State Bar of Texas' 2019 one-day Child Abuse and Neglect Workshop, as well as the 2019 National Association of Counsel for Children's 42nd Annual National Child Welfare, Juvenile & Family Law Conference and Red Book Training in Anaheim, California. The Commission is also offering scholarships for qualifying attorneys to attend another training from NACC, the third round of the NACC Red Book Online Training Course, which starts in September 2019. Please click here to see details about each of these scholarship opportunities. Please note: TLC is NOT the organization providing the scholarships, so if you have any questions, please contact the Children's Commission directly at children@txcourts.gov.

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. Early bird deadline for $25 off the registration fee is March 14, 2019. To view the conference brochure and access the link to register, click here.

On October 18, 2018, the Fifth Circuit Court of Appeals issued its decision in M.D. v. Abbott, the class action suit brought on behalf of Texas foster children. While the appellate court affirmed the district court's ruling that the State caused constitutional harm and was deliberately indifferent to the class of foster children in regards to caseloads and management and oversight, the appellate court vacated parts of the district court's ruling that held that the State violated children's constitutional rights with regards to foster group homes, placement array, and other injunctive remedies. To review the Fifth Circuit's opinion, click here. For a complete understanding of the analysis and issues, be sure to also read Hon. Patrick Higginbotham's concurrence in part and dissent in part. To see a news article about the ruling from the Texas Tribune, click here.

The Texas House Human Services Committee and the House Public Health Committee will conduct a joint hearing on Thursday, August 9, at 9:00 am, in Room E1.030 concerning mental health issues of children in the Department's care. The hearing will focus on the interim charge that includes anaylzing "the prevalence of children involved with Child Protective Services (CPS) who have a mental illness or substance use disorder," and "increasing the number of appropriate placements designed for children with high needs; and ensuring Texas Medicaid is providing access to appropriate and effective behavioral health services." The committees will also hear invited testimony about "residential child care facilities...[and] recent complaints received regarding treatment of children at these facilities...." To view the hearing notice, click here. To view the hearing live, click here. To view a video recording of the hearing after it has ended, click here.

Baker McKenzie is hosting the Inaugural Texas Children's Rights Summit in Houston on June 12, 2018. The Summit is intended to discuss the legal needs of children and features numerous leaders in the field of children's rights. Topics include the impact of trauma, immigration issues, education issues, pro bono practice, and the ethics of child representation. Attorneys from in-house counsel's offices of major corporations will be attending as well, and child advocacy organizations will have the opportunity to ask for pro bono help for special child advocacy projects from these attorneys during an interactive session. Registration is FREE!! To view the agenda, click here. To register, click here.

Scholarships are available through the Supreme Court Children's Commission for judges to attend both the 81st Annual Conference of the National Council of Juvenile and Family Court Judges (NCJFCJ) and the National Association of Counsel for Children's (NACC) 41st National Child Welfare, Juvenile & Family Law Conference, including the Red Book Training (optional). The application deadline for the NCJFCJ scholarship is 11:59 pm on Wednesday, May 23, 2018, and for the NACC conference, the deadline is 11:59 pm on Wednesday, June 6. The NCJFCJ's 81st Annual Conference is July 22-25, 2018, in Denver, Colorado. The Texas Center for the Judiciary is partnering with the Children's Commission to provide 25 judicial scholarships for this conference. This scholarship covers up to $2,000, including the registration fee and travel expenses. To be eligible for this scholarship, applicants must hear civil child welfare and/or juvenile cases and must attend the Texas Center for the Judiciary's Annual Child Welfare Judicial Conference, to be held November 12-14, 2018, in Georgetown, Texas. For questions regarding the NCJFCJ scholarship, please email Heidi Penix at heidip@yourhonor.com.To apply for the NCJFCJ scholarship, click here. This year's NACC Conference is August 23-25, 2018, in San Antonio, including a pre-conference Red Book Training on August 22nd. The Children's Commission will provide scholarships up to $1000 in the form of waived registration fees and conference-related travel expenses. To be eligible for this scholarship, applicants must hear civil child welfare and/or juvenile cases and must complete a post-conference survey from the Children's Commission. For questions regarding the NACC scholarship, please email children@txcourts.gov. To apply for the NACC scholarship, click here. To learn more about both scholarships, visit the Children's Commission website by clicking here.

The deadline to apply to take the examination for board certification in Child Welfare Law by the Texas Board of Legal Specialization is May 7, 2018. The exam will be administered in October 2018. To view the standards and other information about getting certified click here. To access the online application click here.