Child protection system in Texas fails to do its job

Every 30 minutes, a child in Texas is removed from his or her home due to evidence of abuse or neglect.

Texas is in the midst of a crisis that, if not addressed with the highest urgency, will create lasting damage for generations to come. Every 30 minutes, a child in Texas is removed from his or her home due to evidence of abuse or neglect. These children are placed in a structurally unsound and overburdened system that is meant to protect them, but in reality often subjects them to further trauma, abuse and neglect.

In recent days, news headlines and editorials have exposed the failings of our state’s child protection system again and again — and the system shows little indication of improvement. From excessive caseworker turnover and management flaws, to a shortage of foster placements due to an increased number of removals, the system has reached a breaking point that is already resulting in more harm to children, and more tragic child fatalities.

In December, U.S. District Judge Janis Jack ruled that the Texas foster care system violates the constitutional rights of many children in its care by failing to protect them from harm. Whether or not you agree with this ruling, the poor conditions described in the opinion, by both current and former foster children and youth, are undeniable and heartbreaking.

As if this is not enough, the Department of Family and Protective Services (DFPS), which oversees the child protection system, has experienced wholesale turnover among its top leadership. Gov. Greg Abbott has appointed a new team to lead DFPS in the hope that they can begin to address the system’s failings. Texas CASA (Court Appointed Special Advocates) welcomes this new leadership, but we also recognize they face a difficult job as many problems in the system are longstanding and seemingly intractable.

We have heard too many horrific stories of the system betraying the very children it is meant to protect. Texas CASA understands the issues are not all clear cut, but want to underscore several key shortcomings. We urge the new DFPS leadership team and state leaders to concentrate on these areas which have not been successfully addressed through previous reforms:

• Targeted prevention: Focusing on prevention is the best way to address child abuse, and we must use data more effectively to predict which families may need help. We need to change the way we think about and utilize data to provide prevention and intervention services to these children and families.

• Additional resources: Repairing the system will require additional resources to better enhance recruitment, training, manageable caseloads and adequate compensation for caseworkers in order to decrease the devastating turnover.

• Trauma-informed approach: Understanding the needs and challenges of children in the system requires an understanding about how the trauma they have experienced affects their behaviors and outcomes. We believe, based on years of research, that a system based on trauma-informed care is the best way to improve outcomes for children.

• Increased capacity: In addition to the welldocumented shortage of foster care homes, we face a critical problem of placing many children far from their home communities and schools, away from their families and friends. Currently, 60 percent of children are placed out of their home county, and nearly 20 percent are placed in a different region, creating unnecessary trauma for children and decreasing the likelihood of restoring families.

• Equal accountability: Abuse or neglect allegations in state-licensed foster care homes and facilities receive inferior investigations compared with similar allegations made outside of the system. It is necessary that ALL such allegations should be investigated by well-trained CPS investigators, not regulatory personnel, and paid caregivers should be held to the same standards as biological families.

In the midst of this turmoil, Texas CASA will continue to work with DFPS and state leadership as well as partner organizations to advocate for policies in the best interest of Texas’ children. The challenge is not in getting everyone to work together, as we are all focused on the same mission: ensuring every abused and neglected child has a safe, permanent home and the opportunity to thrive. The challenge lies in maintaining a sense of urgency and in determining and implementing the best possible short- and long-term child-focused solutions. As we prepare for the 85th Legislature to convene, these five critical issues must be priorities for lawmakers.