The 87th Texas Legislative Session is underway, and both the House and Senate have released their proposed budgets for the upcoming 2022-2023 biennium. With more revenue available than expected, the Department of Family and Protective Services (DFPS) fared pretty well when compared to other Health and Human Services agencies in the Article II budget. While the two chambers had different approaches to spending, they both proposed providing DFPS with a total of $4.4 billion in All Funds, including over $13 million in General Revenue.
The best news in the DFPS budget is that prevention funds were maintained and, in some cases, strengthened in both the House and Senate base budgets. Increased federal funding as well as efficiencies in Prevention and Early Intervention Programs (PEI) resulted in slight increases to the STAR program, child abuse prevention grants, and home visiting programs. As prevention programs have been especially vulnerable in prior recessions, this is great news for the start of the 87th session as we continue to advocate for strategic growth and smart investments in prevention.
Unlike prior sessions, the House and Senate budgets begin with a host of similarities. Unfortunately, in general, many of those similarities reflect a maintenance of the status quo. Both chambers introduced budgets that fail to make meaningful investments to improve:
Workforce turnover rates in each program area.
Caseloads in each program area, including Conservatorship despite an ongoing lawsuit that continues to find caseloads to be overly burdensome.
Average hold times at Statewide Intake.
Relative caregiver payments.
Preparation for Adult Living (PAL) purchased services.
And in some cases, the budgets are aligned in ways that could result in decreased quality in DFPS operations. For example,
Compared to FY 2021, this budget decreases funding for Child Protective Services (CPS) direct delivery staff to carry out their responsibilities.
Relative caregiver payments are also lower than FY 2021 in both proposed budgets.
Despite being overwhelmingly similar, there are some key differences in the House and Senate budgets.
Workforce: The House took a more generous approach with the workforce and takes into consideration the agency’s Exceptional Item request for additional workers. The House wants to see the agency more fully staffed, which also accounts for the higher funding amounts allocated for salaries. The Senate, on the other hand, proposed funding approximately 400 less employees which would require the additional Exceptional Item request to be considered.
Delivery of CPS Services: Both chambers suggested different amounts to fund CPS direct delivery staff to carry out their responsibilities. Both chambers came up shy of Fiscal Year 2021 spending levels: the Senate proposed an amount that is $15 million short, whereas the House came up with a number that is $33 million short. This is significant because DFPS asked for an additional $107 million above the base budget across the biennium to perform their duties adequately, so this is an even larger gap to fill to be able to meet the needs of children and families.
Community Based Care (CBC): The Senate seems more willing to keep up the momentum of CBC that has been building over the last couple of sessions. While both chambers provided funding for continued progress in existing catchment areas, the Senate went a step further in providing funding to see the expansion of case management into Region 8A and continued progress in Region 8b, which has not been procured yet. DFPS wants to expand even further, so they have included an Exceptional Item request to contract with providers in four new catchment areas and transfer case management responsibilities in two existing regions. Considering what has been funded in each of these proposed budgets could provide insight as to if that request will be approved. Based on this information, it seems like the Senate is more likely to consider it than the House.
The budget is the single most important piece of legislation each session and is the only task that the legislature is required to complete. Lawmakers’ priorities and funding decisions determine if agencies will be able to provide appropriate and timely services and ensure the best outcomes. Members of the House and Senate still have work to do to reconcile the differences between their proposed budgets and consider what is most important for the safety and well-being of children and families. We encourage you to get involved in the House Appropriations and Senate Finance process as they continue to determine what the budget will look like for the upcoming biennium. The Senate Finance Committee will be hearing invited testimony on February 25th and allowing public comment on March 1st. It is critical that we encourage lawmakers to invest in the health and success of children and families by educating legislators on what works, what doesn’t, and the benefits of investing in smart solutions.
For guidance and resources on how you can champion child protection this legislative session, visit our website and sign-up to receive our advocacy alerts by texting TEXPROTECTED to 25994.
The 87th Legislative Session kicked off last week and after a flurry of activity Tuesday through Thursday, both houses adjourned until January 26, 2021. Here are the five key developments last week that will affect advocacy efforts this session.
1. Safety protocols: The State Preservation Board released the following adjustments to protocols for the 87th legislative session.
The public will only be able to enter through the north door, and masks worn over the nose and mouth will be required at all times while inside. Guests will also be necessary to social distance and there will be capacity limits.
There will be no public tours, groups, or sponsored event space available.
COVID-19 testing will be accessible on the north plaza at no cost.
The building will be open from 9 a.m. to 6 p.m. Monday through Friday and will be closed Saturday and Sunday for cleaning.
2. Money: On Monday, Texas Comptroller Glenn Hegar unveiled the biennial revenue estimate, which revealed a better-than-expected outlook for budget writers this session. In short, there is a $946 million shortfall in the current budget. Budget writers will have $112.53 billion to appropriate for the 2022-2023 biennial budget – a 0.4% decrease from the last session. In hand, Texas has an additional $11.6 billion in the Economic Stabilization (or Rainy Day) fund and $13 billion in federal CARES Act Allocations that could replace General Revenue spending this biennium decrease shortfall. Despite continued uncertainty due to energy revenue, public health, and revenue through the end of this budget cycle, the estimate made clear that this legislation should have the tools necessary to maintain, if not strengthen, critical supports for children and families.
3. Leadership: On opening day, the House elected Rep. Dade Phelan, the Speaker of the House. Rep. Phelan is a Republican from Beaumont who has served in the House since 2015 and had bipartisan support in his election as Speaker. He rounds out the “Big Three” leaders in Texas, including the publicly-elected Governor and Lieutenant Governor who preside over the Senate.
4. Rules: Both houses, last week, adopted adjusted rules for the upcoming session, largely to address adaptations required by the public health considerations surrounding COVID-19 and their implications on the legislative process. The Senate took a much more aggressive approach to requirements for COVID-tests. Neither House adopted provisions to allow virtual testimony beyond what is currently allowed for invited witnesses.
Masks must be worn on the Texas House floor, in the gallery, and during committee hearings. When members or witnesses are at the mic, masks may be removed.
Members will be able to vote not only from the floor but also from the gallery and in rooms adjoining the chamber using secured laptops.
For committee hearings, a quorum can constitute two members present on a dais while others listen remotely. Testimony will be taken in person unless it is invited testimony, then it can be done remotely. Committee chairs also have the option of using an online portal for the public to submit written testimony if they do not wish to travel.
House members will determine protocols for access to their offices.
Of concern, adopted rules make it optional for committees to make public the list of those who register in support or in opposition of bills without providing testimony.
The Senate lowered the threshold of Senate votes required to bring legislation to the floor from 19 to 18 – aligning with the size of the GOP majority.
A Senate member must have a negative COVID-19 test the day of any action in committee or on the Senate floor.
All Senate staff must be tested prior to accessing the chamber or hearings
Members of the Senate must wear masks on the floor except when alone at their desks.
Public seating in the gallery will be limited and a wristband demonstrating a negative COVID-19 will be required to enter the gallery. A wristband indicating a negative test will be required for committee access as well.
Proof of vaccination will be treated the same as a negative test.
Senate members will determine protocols for access to their offices.
On Friday, the Senate posted their committees. Key committee leadership was maintained with Sen. Jane Nelson (Republican) chairing Finance and Sen. Lois Kolkhorst (Republican) chairing Health and Human Services. The Speaker will be accepting preference cards from House members regarding committee assignments through January 22. We can expect House Committees to be announced in the weeks following.
The TexProtects team is committed to bringing you the latest information on child welfare this legislative session, so stay connected to our resources by signing up to receive our newsletter or follow the conversation on Twitter using the hashtag #TexProtected
The 87th Legislative Session is underway, and with it comes the opportunity to fight for smart solutions to child abuse and neglect. Now more than ever, the TexProtects policy team is laser-focused on strategies that strengthen families, prevent child abuse, and promote healing during these times of exponential need.
The Plan
COVID-19 has dramatically impacted our already vulnerable child protection system, put unimaginable strain on families with young children, and exacerbated root causes of child maltreatment like substance use and behavioral health concerns. 5,300 more children may be at risk of entering the Texas foster care system as a result and many more will be impacted. Texas cannot afford that additional $4.4 billion price tag nor can our children. Texas must invest in proven programs that prevent abuse and save $1.26-$8.08 per $1 invested by supporting community and family efforts to create safe and nurturing environments for the 7.5 million children who call Texas home. Together, it is time to do more of what works and less of what doesn’t for Texas children and their families across party lines. [link full agenda]
Meet the Team Behind the Plan
Sophie Phillips, TexProtects CEO, has a background in social work. Her passion and interest are in addressing the root causes of child abuse and neglect and creating partnerships to advance state policies and practices.
Jennifer Lucy, Managing Director of Programs, provides leadership, strategy, and coordination for TexProtects policy, research, education activities, and staff. She partners with legislators, staff, and community partners to execute a policy agenda that prevents child abuse and neglect and helps families thrive.
Kerrie Judice, CPS Researcher and Analyst, monitors key CPS and Foster Care issues for the team. Her prior experience as a worker in the CPS system and connections to other child protection partners provides invaluable insight as she advocates for improvements to the Texas child protection system.
Michelle Wittenburg is an external lobbyist whose strategic consultation and connections to the movers and shakers in the Capitol are an invaluable resource to TexProtects.
Jess Trudeau serves as the Director for the Texas Prenatal to Three Collaborative while providing coordination and direction for policy, advocacy, and funding efforts to support Family Connects.
Beth Cortez-Neavel provides organizational and administrative support for the policy team. She uses her journalism background to communicate the most important issues for child protection advocates.
Gloria manages communications strategies for TexProtects and the Texas Prenatal to Three Collaborative. Her goal is to connect the community to our policy recommendations and educational resources.
Why We Do What We Do
Safeguarding today’s children from abuse and neglect is essential to protecting tomorrow’s Texas. If you want to get involved in the process, we put together the six ways you can take action today. Visit [link https://www.texprotects.org/legetoolkit/ ] to view the list. The TexProtects team is committed to resourcing you well to use your voice to be a champion for children. Please don’t hesitate to contact our team with questions. We are here for you!
The work of the 87th Legislature is already well underway, and TexProtects’ staff is hard at work alongside agency and legislative leaders in ensuring that Texas keeps child safety and family wellbeing at the top of the priority list this session.
Late last month, TexProtects provided recommendations in response to the Department of Family and Protective Services’ (DFPS) Legislative Budget Request (LAR). The agency’s LAR will serve as the foundation for the appropriations bill and state budget for 2022 – 2023. With the ongoing challenges of COVID-19 and the prospect of a session much more limited in scope, now more than ever, public participation and feedback on the budgetary process is critical to ensuring that communities and families can benefit from strategic investments and proven programs that ensure every child has a bright tomorrow.
You can read our comments and recommendations here, and stay tuned for more opportunities to let lawmakers know that now is the time for us all to step up and be champions for children.
TexProtects’ Stakeholder InputDepartment of Family and Protective Services Legislative Appropriations Request 2022-2023
Submitted November 24, 2020
TexProtects appreciates the opportunity to offer comment on the Department of Family and Protective Services’ Legislative Appropriations Request for 2022-2023. As the only statewide organization singularly focused on child protection and preventing abuse and neglect, we applaud the Department’s investments in prevention and family preservation approaches that are proven to keep children safe and keep families together.
Investments by the 85th and 86th Legislatures and innovative approaches by DFPS leadership have resulted in substantial shifts in approach that have the potential to change the landscape of child welfare in Texas in a way that is beneficial for children and families. The rollout of Community Based Care and the potential funding available through the Family First Prevention Services Act offer Texas the opportunity to invest in proven strategies, leverage community strengths, and keep kids safe.
However, despite these significant improvements, the DFPS budget still reflects a prioritization of reaction to abuse and neglect rather than prevention and family preservation. Only 5% of the 2021 budget is spent on prevention with 87% spent on Child Protective Services. The investments in CPS have increased much faster than investments in prevention without any accompanying decreases in reports, investigations, or confirmed victims.
Texas has not created a system that is effectively rolling out evidence-based practices to prevent removals and address risk before a crisis.
Despite increasing child fatalities resulting from child abuse and neglect (specifically in children under age 5), only 3.8% of families in highest need have access to voluntary evidence-based programs through the Prevention and Early Intervention Division that could help prevent such tragedy.
The vast majority of investigations are for neglect rather than abuse, demonstrating that most families are need of support rather than protection.
78% of removals from the home (and entry intro foster care) are occurring straight from investigations without the family receiving family preservation services.
42% of families who have received services in Family-Based Safety Services (FBSS), which are intended to prevent removals, are re-reported for abuse or neglect within five years of completing services.
44% of children are subsequently alleged as a victim in a new investigation within five years of exiting CPS custody.
Disparities by race persist with African-American families 1.9 times as likely to be investigated and African-American children 1.6 times as likely to be removed than Anglo children.
Impact of the COVID-19 Pandemic on Child Abuse and Neglect
Now more than ever, it is critical that the state respond correctly and provide families with proven strategies to meet their needs and to stay together safely, otherwise there is a risk of putting more stress on the system. The COVID-19 pandemic has not only negatively impacted Texas’ budget, it has caused families to face an unprecedented amount of stress, financial difficulties, and social isolation. Research during the Great Recession found significant correlations between unemployment and physical and emotional abuse. If those correlations hold in the current crisis, Texas could see a 15% increase in physical abuse cases and 12% increase in emotional abuse cases for every one-point increase in the unemployment rate.
For many families experiencing unemployment, untreated substance use and mental health challenges can increase the risks to child safety and family well-being. According to the Meadows Mental Health Policy Institute, a 5% increase in the unemployment rate could result in 300 additional lives lost to suicide, 425 additional lives lost to drug overdoses, and an additional 50,000 cases of Substance Use Disorder each year. With more than 70% of CPS cases involving mental health and substance abuse challenges prior to COVID-19, we expect to see an even more substantial impact.
Now more than ever, protecting children requires better support for families who are facing unprecedented challenges that can impact child safety and well-being.
DFPS’ Legislative Appropriations Request (LAR)
DFPS is entering into the next biennium with a $4.5 billion baseline request, which reflects growth forecasts but is impacted by the previous 5% reductions. According to DFPS, this required making some additional funding asks just to get back to a maintenance level of operations. In a typical legislative budget cycle, one would expect numerous exceptional items above DFPS’ baseline request. However, with the current economic climate amid a pandemic and a costly ongoing federal lawsuit, DFPS’ approach to the budget is narrow in scope and only aimed at initiatives they consider to be most necessary. DFPS’ LAR includes requests for an additional $192 million to carry these out.
It is promising to see two opportunities for additional prevention investments to keeping families safely together and preventing removals reflected in the Exceptional Item Requests.
$10 million is requested for investment in Prevention and Early Intervention (PEI) services, specifically Project HOPES (Healthy Outcomes through Prevention and Early Support), the Family and Youth Success Program (formerly known as STAR), and the Military Families Program. Citing the costs of each program in comparison to the cost of foster care services, DFPS acknowledged these services as a “cost-effective alternative to foster care.”
DFPS also included a placeholder to discuss how to leverage the funding opportunities in the Family First Prevention Services Act (FFPSA).
These initiatives and associated dollars are focused on keeping children safe and supporting families to ensure that reports, investigations, and child abuse/neglect rates decrease. The only path toward a better Texas tomorrow and decreasing costs spent on CPS is to shift the paradigm by investing in cost-effective and proven programs BEFORE crisis. Prevention saves dollars and make sense. It’s the right approach for children and the smart approach for taxpayers.
TexProtects’ Recommendations
1 Exceptional Item Request #4 – Fully fund Prevention and Early Intervention toward Strategic Growth
While the CPS system plays a vital role for children who have endured abuse and/or neglect, the Department of Family and Protective Services (DFPS)also plays a critical role in the prevention of abuse and neglect and the strengthening of families through effective prevention programs. The Prevention and Early Intervention Division at DFPS has established innovative and effective community-based strategies for delivering proven programs to families who choose to enroll.
The immense research done on the health implications of Adverse Childhood Experiences (ACEs)[i]—including abuse, neglect, family violence, or growing up with a caregiver who is incarcerated, mentally ill, or engaging in substance use—makes clear that what happens in early childhood literally lasts a lifetime. The prevention of ACEs holds incredible potential for ensuring healthy development and impacting societal challenges and taxpayer costs across multiple domains.
The cost of inaction is clear. ACEs like child abuse and neglect are associated with negative outcomes for individuals across the lifespan including poorer health, lower educational attainment, and higher likelihood of experiencing unemployment. Individuals and governments incur significant costs as a result. Bellis et al. (2019) estimate that annual healthcare costs attributable to ACEs across North America are approximately $748 billion with 82% of costs resulting from individuals who had two or more ACEs.[ii] With one in 10 American children living in Texas, we can expect to incur a significant percent of those costs if we aren’t better able to prevent child abuse, neglect, and other severe childhood trauma.
To create the most effective and efficient systemic change, interventions should occur in early childhood and should rely on evidence-based approaches that decrease risk and increase protective factors within family and community systems.
We fully support the DFPS request in exceptional item #4 to increase investments in prevention initiatives including Project HOPES (Healthy Outcomes through Prevention and Early Support), the Family and Youth Success Program (formerly known as STAR), and the Military Families Program.
Specifically, we applaud the increase in Project HOPES and the Military Families Program which have implemented evidence-based home visiting strategies for families with young children. These programs are proven to have significant impacts on maternal and child health, school readiness, and child safety during the most critical years for development and have been a lifeline for families during the COVID-19 pandemic.
HB1549 (85R) directed the agency to create a strategic plan to scale prevention programming. The current PEI strategic plan indicates that to adequately protect families, a 20% increase in prevention funds is needed every biennium.
While this exceptional item does reflect a 6% increase for PEI budget and an 11% increase in the number of families who could be served by PEI, it still offers less than 4% of families with young children and 3 or more risk factors access to proven evidence-based home visiting.
In order to maximize impact, ensure access for families in need, and realize savings across our state systems in this budget cycle and the many yet to come, our investment must demonstrate a true commitment to strategic expansion.
$18 million additional dollars (on top of the request) would allow Project HOPES to expand so that they could reach at least 5% of families most likely to benefit, would be more in line with the growth goals in the PEI strategic plan, and would create a meaningful path toward statewide scale of proven prevention programs.
2 Exceptional Item Request #5 – Prioritize Prevention in Appropriating Funds for Family First Prevention Services Act (FFPSA)
FFPSA provides Texas with a tremendous opportunity to transform the system from one that primarily responds after a crisis has occurred to one that invests in prevention to ensure families can remain together when safe and appropriate, have the supports they need, and avoid the trauma of a removal. In fact, FFPSA is the greatest investment and shift in the child welfare system from the Feds in the past five decades and if Texas doesn’t act, we will miss out on the opportunity to shrink our foster care system. FFPSA creates a funding mechanism for prevention services so that states can now be reimbursed at a rate of 50% for trauma-informed and evidence-based substance use, mental health, and in-home parenting services that have been approved by the Title IV-E Prevention Services Clearinghouse. Federal eligibility criteria broadly include children at imminent risk of entering foster care and their caregivers, as well as pregnant or parenting foster youth. The goal is to keep children out of the Child Protective Services (CPS) system by utilizing providers in the community who specialize in prevention.
DFPS released their strategic plan on September 1, 2020 which includes an overview of existing prevention services and agency activities that align with FFPSA, as well as implementation considerations and options for the prevention services and congregate care components of the bill using federal dollars already in hand from the Family First Transition Funds Act (FFTA). The plan does not require additional appropriations from the 87th Legislature and does not propose investment of any state dollars to receive the federal match that FFPSA affords. It does little to set up a framework for how to take advantage of this potentially transformational federal funding on an ongoing basis; therefore, there will still need to be planning in the 88th Legislature if this is not addressed now. Much can be done now to ensure Texas leverages this federal legislation and funding opportunities. The Department is awaiting direction from the 87th legislature on how to spend the recommended $33.9 million on prevention services for families whose children are at imminent risk of entering foster care.
Support the Department’s plan to leverage $33.9 million in FFTA funds toward prevention efforts.
The prevention provisions of FFPSA are ultimately optional, so the Department’s plan to use $33.9 of the $50.3 million in FFTA funds on prevention efforts shows great promise. Prior to FFPSA, states focused dollars on measures that are expensive and reactive rather than proactive, protective, and cost-efficient. The further into the system a case flows, the more expensive it is. In 2019, there were 18,615 children who entered foster care. Preventing 3% of those removals would save the state $20 million. By investing earlier, Texas can prevent removals, save money, and keep children safe.
Prioritize effectiveness and be strategic about which prevention options to pursue.
DFPS laid out a wide range of options in their strategic plan. In partnership with lawmakers during this session as well as future sessions, it is essential to identify which strategies are most effective and can be replicated well in diverse communities around the state.
The most promising options leverage the expertise that has been developed within DFPS’ PEI division. These services are not staffed or carried out by employees of DFPS. Instead, PEI contracts with community providers who are highly-skilled in prevention work to provide voluntary services. Similar approaches can be utilized to fund community block grants and targeted approaches to reach families at higher risk while still empowering community leadership, strengths, and choice.
Options 2D, 2E, and 2F in the FFPSA plan are most poised to deliver proven programs to the FFPSA defined population in the coming biennium and as written could offer pilot programming to over 3,000 families at risk of removal including pregnant and parenting foster youth.
These options leverage established and successful infrastructure and programs with experience, serving FBSS families, who fit the eligibility definition. Additionally, several of the programs already implemented by PEI are approved by the Clearinghouse, including Healthy Families America, Nurse-Family Partnership, and Parents as Teachers and could be used to draw down the federal match.
Increased investment in those three options from available FFTA funds could empower pilots in more communities as well as exapnsion into rural communiites through tele-health and in-person modalities. A more focused investment in pilot approaches most likely to succeeed would result in closer to 5,000 families served before the next legislatative session. This would provide the next legislature more information to decide how and where state general revenue investments could be most impactful to communities and the budget by maximizing the federal match.
Strengthen family preservation services.
Family-Based Safety Services (FBSS) is the stage of service within DFPS that is tasked with providing services to families who have experienced child abuse and neglect but that has not risen to the level of requiring a removal. This stage of service is meant to keep families together and strengthen their ability to be healthy without further CPS intervention.
DFPS has proposed that families participating in FBSS are one of the primary targets for FFPSA prevention services. Unfortunately, DFPS does not publicly report which supports and services are provided to these families. Anecdotally, DFPS has shared that these services are primarily not evidence-based. FFPSA provides an opportunity to do something different by providing these families with evidence-based, trauma-informed services.The state spent $94 million on FBSS to serve 18,000 families in 2019. That money should be spent more wisely. Taking advantage of the opportunities in FFPSA could allow Texas to ensure that families are receiving evidence-based services proven to keep children safe. By doing so, we could finally decrease the recurrance rate among FBSS families. Diverting 5% of families from FBSS could save approximately $9.4 million.
Better align across systems to increase access to substance use and behavioral health programs.
The match available through FFPSA is for mental health, substance use, and in-home parenting supports; however, the strategic plan does not provide a meaningful pathway toward increasing access to behavioral health services which are both severely lacking in our state and clearly identified as root causes of abuse and neglect.
Texas should ensure that the budget of each state agency who provides these services to families has been considered to see if there are any missed opportunities to draw down federal funds. Cross-agency work should be mandated to ensure that future funds can be invested in ways that capitalize on the federal match.
Ensure there is state investment now in order to draw down the federal match in this biennium.
We know families are in need of services now, so the state should consider investing its own dollars, not just the federal dollars it already has, to ensure more families can be served and to provide a meaningful and sustainable path forward for these critical prevention services.
Carrying out the opportunities provided by FFPSA requires a drastic perspective shift. The intent of FFPSA is to transform the current system, not keep it the same. FFPSA aims to invest early in effective measures that will keep families together and out of the CPS system. Every dollar Texas invests should be spent with this in mind. With their current plan, DFPS has taken strides in the right direction for the children and families of Texas. However, it is essential that the Texas Legislature supports these efforts, makes a plan beyond this legislative session, and ensures the focus remains on child abuse and neglect prevention and family preservation.
TexProtects looks forward to serving as a resource and partner as you continue your work. Thank you for your commitment to these issues and to the families and children of Texas.
[i]Felitti, V. J., Anda, R. F., Nordenberg, D., Williamson, D. F., Spitz, A. M., Edwards, V., Koss, M. P., & Marks, J. S. (1998).
While we can likely all agree that 2020 has been a year that has somehow simultaneously flown by and dragged on, one thing is certain: the 87th Legislative Session is right around the corner and will be here before we know it. This session brings with it lots of unknowns about how it will be conducted, and state departments have been preparing for a tight budget to carry out their operations. The Department of Family and Protective Services (DFPS) recently released their Legislative Appropriations Request (LAR) for Fiscal Years 2022-2023 which has given us some insight into their priorities for the children and families they serve.
Looking Back
Last session, DFPS started out with a $4.2 billion baseline request and was able to secure more funding in several key areas. With this additional funding, the Prevention and Early Intervention (PEI) division expanded Project HOPES (Healthy Outcomes though Prevention and Early Support) and Texas Nurse-Family Partnership (TNFP) into four new counties each. DFPS also provided a $6,000 salary increase to Statewide Intake (SWI) staff, which has resulted in decreased turnover and hold times. Increased funding was allocated to increase staffing for the Child Protective Investigations (CPI) and Child Protective Services (CPS) workforce which, according to DFPS, has decreased caseload sizes. Additionally, Community-Based Care received funding to expand to a total of five catchment areas: three in Stage I and two in Stage II (case management). While DFPS achieved its goal to advance two areas into Stage II (Regions 3B and 2), only two areas currently operate in Stage I (Regions 8A and 1). They are re-procuring the contract in Region 8B to hopefully begin Stage I services in the summer of 2021. Provider rates were also increased to help serve the children in their care.
In light of a global pandemic, state agencies have since had to make adjustments due to the anticipated $4.6 billion shortfall to the entire state budget. State agencies were asked to reduce their expenditures by 5%. While parts of DFPS were exempt from this reduction, DFPS’ total estimated expenditures for Fiscal Years 2020-2021 are estimated to be $4.4 billion.
Looking Ahead
DFPS is entering into the next biennium with a $4.5 billion baseline request, which reflects growth forecasts but is impacted by the previous 5% reductions. According to DFPS, this required making some additional funding asks just to get back to a maintenance level of operations. In a typical legislative budget cycle, one would expect numerous exceptional items above DFPS’ baseline request. However, with the current economic climate in the midst of a pandemic and a costly ongoing federal lawsuit, DFPS’ approach to the budget is narrow in scope and only aimed at initiatives they consider to be most necessary. DFPS’ LAR includes requests for an additional $192 million to carry these out.
Prevention
While approximately $182 million in exceptional items focus on the functions once a family has experienced crisis, it was most promising to see requests for additional investments in keeping families safely together and preventing removals. DFPS specifically included an exceptional item request for an additional $10 million investment in PEI services, specifically Project HOPES, the Family and Youth Success Program (formerly known as STAR), and the Military Families Program. Citing the costs of each program in comparison to the cost of foster care services, DFPS acknowledged these services as a “cost-effective alternative to foster care.” DFPS also included a placeholder to discuss how to leverage the funding opportunities in the Family First Prevention Services Act (FFPSA). Their FFPSA strategic plan provides numerous options to carry out the prevention provisions of this federal legislation, and they want the Legislature to weigh in.
Protection
DFPS has prioritized maintaining its current CPS operations to ensure they are keeping children safe and providing families with the supports they need. This $99 million request includes additional funding to restore the travel costs that decreased during the beginning of the pandemic, ensure they can continue providing services to clients at the current levels, and additional conservatorship (CVS) caseworkers to meet the target caseload sizes.
To comply with the decade-long federal lawsuit, DFPS included an additional request for $39 million. This amount includes additional staff to meet the heightened monitoring requirements to ensure facilities are adhering to minimum standards and additional staff for Residential Child Care Investigations (RCCI) to address the Court’s concerns about the timeliness and quality of their work. These additional funds also will cover the fees for the court monitors to oversee compliance and report back to the Court.
To continue the momentum of expanding Community-Based Care, DFPS has requested an additional $44 million in funding for the costs associated with expanding Stage I into four new areas and Stage II into two new areas.
We look forward to working with DFPS and the Legislature to protect and support investments in child abuse and neglect prevention, to promote family preservation, and to ensure the children and families in their care receive the services they need to be safe and successful. Stay connected with us for updates on budget discussions throughout the session and to find out how you can get involved.
TexProtects has been hard at work advocating for children and families. Recently, we submitted comments in response to Requests for Information (RFI) from three different legislative committees on how lawmakers can leverage the funding opportunities in the Family First Prevention Services Act (FFPSA), invest in early childhood brain development, and ensure the trauma-informed training components of House Bill 18 and Senate Bill 11 from the last legislative session are implemented successfully.
The Texas House Appropriations Subcommittee on Article II and the Texas House Human Services Committee asked for the public to weigh in on how Texas is preparing for federal funding changes resulting from FFPSA. With the passage of this federal legislation, states now have access to a funding mechanism for families to be connected to evidence-based, trauma-informed prevention services in the community to prevent removals into foster care. We provided them with our assessment on the Department of Family and Protective Services’ (DFPS) strategic plan on how they plan to implement FFPSA, and we laid out opportunities we see for Texas to take advantage of this potentially transformative legislation. You can check out more specifically what we had to say in our RFI submissions here and here.
The Texas House Appropriations Subcommittee on Article II also asked for comments on how the state invests in early childhood brain development. Knowing how critical these early years are, we encouraged the committee to fund community-based, primary child abuse prevention programs for children prenatal to age 5. We also advocated for the expansion of universal prevention strategies in public health settings since healthcare settings remain one of the most universal touchpoints for families with young children and can connect families to critical services during a very vulnerable time. To strengthen families and ensure child safety prior to a crisis, we also took the opportunity to ask the committee to support our additional Prenatal to Three (PN-3) Collaborative agenda items. More information about our comments can be found here.
The Texas Public Education Committee requested recommendations on the 86th Legislature’s House Bill 18 and Senate Bill 11 regarding school safety, student mental health, and trauma-informed training. We suggested providing additional guidance and incentives for pursuing activities that are evidence-based and have the potential to prevent future threats to school safety by preventing and mitigating the effects of adverse childhood experiences. We also provided recommendations on how to implement the trauma-informed training components. You can find more information on our recommendations here.
While we are passionate about making smart investments to ensure families have the resources they need and children are safe, we can’t do this work alone. We need your help to ensure these efforts move forward. Feeling motivated? We encourage you to reach out to your state representatives and talk to them about the importance of these issues and what they can do for the children and families of Texas. Not sure who represents you? You can find out by going here and entering in your information. We look forward to locking arms with you to make Texas better for the children and families who call this state home.
The Department of Family and Protective Services (DFPS) recently released their Legislative Appropriations Request. In a typical legislative budget cycle, one would expect numerous exceptional items. However, with the current economic climate in the midst of a pandemic, DFPS’ approach to the budget is narrow in scope and only aimed at initiatives they consider to be most necessary.
It was most promising to see requests for investments in keeping families safely together and preventing removals. DFPS specifically included an exceptional item request for an additional $10 million investment in Prevention and Early Intervention (PEI) services, as well as a placeholder to discuss how to leverage the funding opportunities in the Family First Prevention Services Act (FFPSA).
DFPS also prioritized maintaining its current Child Protective Services operations to ensure they are keeping children safe and providing families with the supports they need. The other exceptional items included funding to comply with the decade-long federal lawsuit and to continue the momentum of expanding Community-Based Care.
Stay tuned for our analysis coming on this page soon!
Texas has moved one step closer to creating a state plan that leverages federal funding to prioritize prevention and family preservation.
In February 2018, Congress passed the Family First Prevention Services Act (FFPSA) which makes available a federal match for state investments in evidence-based and trauma informed supports to families at risk BEFORE a removal occurs. These services address the core drivers of child abuse and neglect including substance use, mental health, and parenting challenges. However, in order to successfully leverage this opportunity, state leaders have a number of crucial decisions to make.
Last legislative session, TexProtects championed Senate Bill 355 authored by Senator West which required the Department of Family and Protective Services (DFPS) to develop a strategic plan outlining how they intend to implement the provisions of FFPSA. That plan was released earlier this week.
DFPS’ strategic plan highlights the alignments between the goals of the Department and the goals of FFPSA and offers information and implementation options to support the budgetary decisions in the 87th legislative session that will largely determine the scope of FFPSA’s transformational potential. We applaud the prioritization of prevention and support of kinship caregivers in the state’s plan; however, the plan leaves many critical questions unanswered and may not do enough to target populations at risk of entering foster care.
For a quick overview of the top three items of good news in the plan and the top three areas of concern – see below.
First the good news:
DFPS was awarded $50.3 million in Family First Transition Act funds to help implement the provisions of FFPSA and they intend to utilize $33.9 million of those dollars on prevention. They will be spending the rest of the funds on a Qualified Residential Treatment Program (QRTP) pilot and on IT changes.
DFPS is investing in efforts to better serve informal kinship placements who don’t have as many supports. To ensure caregivers in informal kinship placements know what is available and can be better linked to services, DFPS has issued grants to four providers to complete needs assessments, evaluations, and pilots to support the development of a kinship navigator program. DFPS has also invested in training for 2-1-1 staff on the needs of kinship caregivers they plan to create a marketing campaign designed to ensure kinship caregivers are aware of the resources available to them through 2-1-1.
The DFPS plan includes seven options for expanding prevention services, each with varying degrees of complexity and cost. Approximately half of these options capitalize on and expand the innovative and effective community networks that have been built through the Prevention and Early Intervention (PEI) division of DFPS. This is a smart solution that will enable Texas to quickly build on existing infrastructure to better support families.
Areas of concern within the DFPS plan include the following:
The state stands to lose $26 million in Title IV-E eligible dollarsper year unless there are increased placements available in family-like settings or a QRTP. This will need to be accounted for somewhere in the budget but must not be taken from children and families who are already receiving effective prevention services.
43% of families who have had an open Family Based Safety Services (FBSS) case have another case of child maltreatment within five years of completing services. DFPS’ definition of who is eligible for prevention services includes families participating in FBSS. While the children and families served by this stage of service naturally and most closely fit the broad federal eligibility criteria of children who are at imminent risk of entering foster care, DFPS acknowledged in this plan that many of the provided services are not evidence-based and do not meet the FFPSA standards. To use this funding as intended will require a significant shift in mentality and accountability for the quality and outcomes of services offered to families in FBSS.
DFPS can define who is eligible for prevention services; however, their suggested definition only captures families who are already engaging with the system. Their definition includes families with an open FBSS case, children who have already been in care but are now are at risk of placement disruption or re-entry, and pregnant and parenting youth in Child Protective Services (CPS) custody. There is room for improvement here to consider other populations at risk as well as more upstream options that support families BEFORE they have an open case and CPS involvement.
Now, it is up to lawmakers to decide the best way to move forward, and the potential impact on children and families will largely be decided on their willingness to prioritize prevention and family preservation. Be on the lookout for the release of our FFPSA Brief that will outline this federal legislation and the Texas plan in more detail later this month.
TexProtects collaborated with the Child Protection Roundtable to provide budget input to the state
TexProtects has been working with our partners as part of the statewide Child Protection Roundtable to understand the effects of this pandemic on children and families, the possible fiscal implications, and the history of legislative budget cuts and their impacts in the past during times of economic challenges.
The Department of Family and Protective Services (DFPS) Legislative Appropriations Request (LAR) is the budget request made from the Department to the Legislature which details the funds that will be needed to continue their services for the next biennium. This LAR includes the projected budgets for Prevention and Early Intervention, Statewide Intake, Child Protective Investigations, Child Protective Services, and Adult Protective Services. One of TexProtects’ main focuses on providing input for the LAR was looking at prevention dollars.
Historically, when child abuse and neglect prevention funding has been cut, more money has ultimately been spent longer-term and there have been more confirmed child abuse victims. This is not wise-investment and not right for the children TexProtects aims to protect. We know there are strategies that work, and we worked thoughtfully and carefully with our partners to lay those out in our recommendations for the DFPS LAR.
Read the full Child Protection Roundtable DFPS LAR input below.
May 29, 2020
On behalf of The Child Protection Roundtable (CPRT), a consortium of statewide advocates, research organizations, health and education interests, direct service providers and other key stakeholders from over 50 organizations with child protection expertise, we greatly appreciate the opportunity to provide recommendations for the FY2022-2023 biennium Legislative Appropriations Request (LAR) of the Texas Department of Family Protective Services (DFPS).
The Child Protection Roundtable serves as a convener for member organizations engaged in child welfare which share a child-centered, common vision and leverage data, resources and strategy to achieve more progress collectively than could be achieved individually. The Child Protection Roundtable works in partnership with DFPS, the state legislature, and other stakeholders to improve the safety, health, and well-being of children.
More specifically, the goal of the Child Protection Roundtable is to be the leading voice and driving force in child protection public policy and governmental action in Texas that:
Helps prevent child abuse and neglect before it occurs;
Ensures protection and well-being of children and youth who come into state care; and
Heals the ongoing trauma and other adverse consequences experienced by children and youth as the result of maltreatment.
In light of the public health crisis that has left so many in our state economically unstable, investment in the safety of our children at risk and in vulnerable situations must remain a priority. Please consider the following LAR recommendations for prevention and early intervention, supports for transition-age youth and young adults, children with developmental disabilities, Community-Based Care (CBC), CPS workforce, implementation of a trauma-informed system, and the Family First Prevention Services Act (FFPSA). In several instances, we have recommended increased investment; however, we would not want any of these increases to come at the expense of reduced investment in any of the other areas as they are all important to the overall system and the infants, toddlers, and children of all ages, and families, being served.
Prevention and Early Intervention
To break the cycle of child abuse and neglect and reduce the long-term strain on our child welfare system, we need to break the cycle of cutting child abuse prevention funds under DFPS’ Prevention and Early Intervention (PEI) division in times of fiscal challenge. Given the depth and breadth of the economic recession underway, coupled with stay-at-home orders and recommendations, we know from history that child abuse is likely occurring at higher rates even though reports may temporarily be down.
When the FY2004-2005 prevention budget was cut in 2003 by 35%, we saw a 20% increase in confirmed child abuse victims between 2004 and 2005. Once again, after the Great Recession in 2008-2009, we saw a 44% increase in confirmed victims in 2011. Maintaining our investment in prevention and early intervention is our best hope for avoiding yet another spike in abuse, associated costs, and strain on the CPS system.
Given the social isolation and increasing stress and risks for families due to COVID-19, the work of strengthening families and ensuring child safety must begin before a crisis occurs. Economic instability, domestic violence, substance use, and mental health challenges are highly correlated with increased risk for child abuse and neglect. While mitigating the health effects of the virus is primary, these longer-term risks will continue to affect families and child safety for years to come. As such, investment in the front end of the system is needed now more than ever.
The investments made in these prevention networks are critical lifelines of support during this crisis and should continue to be rolled out through existing contracts with community providers. These prevention services will keep children safe now and save the state money later, with an average return of investment between $1.26-$8.08. Further investment in family preservation, or secondary prevention, also saves money.
As noted by the DFPS 2018 Prevention Task Force Report, “Diverting 5% of families from Family Based Safety Services (1786) would save the state more than $9.4 million. Preventing 3% of removals (593) would save upwards of $20.3 million.”
The Child Protection Roundtable encourages the state to continue to increase investment in primary prevention programs through PEI to prevent child abuse and neglect, strengthen and support families, increase connections to community resources, and decrease truancy and delinquency for older youth. The current PEI strategic plan indicates that to adequately protect families, a 20% increase in prevention funds is needed every biennium. Currently, DFPS allocates 5% of their budget to the PEI division.
To preserve families and decrease the number of children entering the child welfare system, the state should preserve and increase investments in the following:
Healthy Outcomes through Prevention and Early Support (HOPES)
Helping Through Intervention and Prevention (HIP)
Texas Nurse-Family Partnership (TNFP) and Texas Home Visiting (THV)
Family and Youth Support (FAYS)
Military Families and Veterans Pilot Prevention Program (MFVPP)
These programs have established infrastructure and community contracts/networks that can be leveraged to quickly and efficiently deliver proven programs to families who choose to enroll. To cut these programs would result not only in increased risks for children and long-term costs to the state, but local nonprofits and networks would be threatened, leaving even more Texans out of work and the state without a system by which to empower community family support and prevention programs.
Transition-Age Youth and Young Adults
The Child Protection Roundtable encourages DFPS to increase support for transition-aged youth and young adults. As DFPS has noted in the LAR for the current biennium, “[w]ithout such consistent services, youth are more likely to be involved in the criminal justice system, are at higher risk of teen pregnancy and parenting, have lower reading and math skills and high school graduation rates, are more likely to experience homelessness, and have higher rates of unemployment and likelihood of long-term dependence on public assistance.” Most services for older youth are federally funded through the Chafee program, which requires a 20 percent state match. The Chafee program allows DFPS to offer services that help youth and young adults pursue their education and employment, secure housing, and meet many other needs they have as they transition into adulthood. Unfortunately, DFPS has not had the funding to meet the projected needs of this population and those needs have increased substantially with the COVID-19 pandemic. The state should invest more in these youth and ensure youth who age out of care are able to succeed and receive support when they face crises.
Children with Developmental Disabilities
The Child Protection Roundtable supports ensuring access to long-term services and supports to children with developmental disabilities and their families in lieu of relinquishment of custody. These vital long-term services and supports include Medicaid-funded Community First Choice, behavioral supports, personal care services and Medicaid waivers. For its part, DFPS should provide access to training for families on how best to support the mental health needs of their children with developmental or intellectual disabilities, ensure Prevention and Early Intervention (PEI) programs assist families of children with developmental disabilities to access needed long-term services and supports, and comply with the Texas Promoting Independence Plan by seeking funding for Medicaid waivers for children currently living in DFPS-funded General Residential Operations so children with developmental disabilities can either return home, or move to a family-based alternative setting. Further details on these requests are set forth in EveryChild’s separate submittal of input to DFPS.
Community-Based Care
The Roundtable encourages DFPS to request full funding for continuing Community-Based Care (CBC) operations and contractual commitments in the present CBC catchment areas and to support the continued expansion of CBC during the upcoming FY2022-23 biennium. CBC has demonstrated early promise during Phase I service delivery and recently began to move into Phase II case management in the first of the four catchment areas under contract. As CBC moves forward into further phases and additional catchment areas, it will be important for DFPS to have the necessary resources to advance multi-contractor system characteristics such as data management and interoperability. It will also be important for DFPS to have the resources and supports to assure accountability and transparency to all system stakeholders, building further confidence that CBC is achieving its promise, as we all hope will prove to be the case. To the extent the present level of available resources is not sufficient to achieve these vital needs, the Child Protection Roundtable encourages DFPS to request those resources and will support those requests.
CPS Workforce
CPS workers perform selfless work for children and families in the child welfare system, even under normal circumstances. However, in the midst of COVID-19, CPS workers have had to make dramatic adjustments in how they work with families. When the rest of us have been told to stay home and stay safe, CPS workers have been asked to go out and keep other families and children safe. In addition to adjusting their practice, CPS workers are facing some of the most challenging cases of their career as COVID-19 has only amplified the stressors and challenges in many families who were already struggling. To effectively ensure child safety, the CPS workforce must be adequately supported, including the provision of appropriate supports to address their own mental health needs resulting from secondary trauma.
Texas has worked hard to improve salaries and reduce caseloads the past few years. It is vital that caseworkers have the ability to provide families and children in care with targeted case management. Cuts to CPS funding and salaries will result in more turnover and retention issues and will directly equate to declining outcomes for children and youth in care. The Child Protection Roundtable urges DFPS to continue investing in the CPS workforce by maintaining funding for their salaries and benefits and expanding secondary trauma services such as counseling complimented by debriefing with trained supervisors who can recognize the signs of secondary trauma and can refer for help when needed.
Trauma-Informed System
The Child Protection Roundtable supports DFPS’ continued leadership efforts to transform the Texas child welfare system into a trauma-informed and trauma-responsive system. DFPS was a leading partner in helping to develop the report Building a Trauma-Informed Child Welfare System: A Blueprint as part of the Statewide Collaborative on Trauma-Informed Care (SCTIC). There is broad support among Child Protection Roundtable membership and other stakeholders for ongoing efforts to improve training and use of trauma-informed practices throughout the child welfare system. There is also a clear understanding of the benefits of trauma-informed practices for children, families, and other system participants. The work of the SCTIC continues with the Implementation Taskforce, including the adoption of a DFPS rule to define trauma and trauma-informed care, and the creation of a website as a centralized location for information on trauma. The Child Protection Roundtable supports DFPS maintaining this priority in planning and budgeting for the next biennium.
Family First Prevention Services Act
The Child Protection Roundtable recommends that DFPS include adequate funding for successful implementation of the Family First Prevention Services Act (FFPSA) in its LAR Request. This funding should maximize opportunities to keep more children safely with their parents, prioritize placing more children in family-based foster care settings, and improve the quality of congregate care, especially in Residential Treatment Centers.
The DFPS LAR should include a placeholder for state funds needed to pull down a federal match to cover services that will prevent children from entering the Texas foster care system. DFPS should ask for state funds needed for more evidence-based substance use disorder, mental health, and in-home parenting skill building services. About 1.6 million Texans have lost health insurance during COVID-19 so far, meaning they might have lost access to mental health medications or other critical services that support children and their caregivers. During this difficult budget time, we encourage DFPS to maximize FFPSA dollars to help families at risk of having their child removed and placed in foster care. These investments will not only help families get through these difficult times, but they will also save money down the road in the budgets for CPS and other state services.
While crafting its LAR, DFPS should protect existing federal reimbursement for foster care placements by prioritizing strategies that would move children out of congregate care into family-based settings. When the FFPSA takes effect in Texas on October 1, 2021, Texas is at risk of losing federal reimbursement for its congregate care providers. The Child Protection Roundtable especially encourages three strategies:
Establish a kinship navigator program using FFPSA dollars to enhance support for kinship caregivers, who accounted for more than half of Texas’ placements during FY19;
Request funding to recruit more foster homes and anticipate increases in licensed foster homes resulting from the FFPSA requirement to align Texas’ minimum standards with the new model licensing standards, which may remove or reduce some barriers to licensure; and
Shift funding to Treatment Foster Family Care to serve more children with high needs in family-based settings. The Roundtable also encourages DFPS to ask the legislature to expand eligibility for Treatment Foster Family Care to older youth. Treatment Family Foster Care is only available to children under 10, and about 90 percent of children and youth in Residential Treatment Centers were 10 and older in FY19.
DFPS should also protect existing federal funding by elevating the quality of Residential Treatment Centers by requesting funds for enhanced provider rates and start-up grants to incentivize providers to meet the FFPSA’s Qualified Residential Treatment Program standards.
Federal Pandemic Emergency Assistance
We acknowledge the considerable recent and ongoing federal activity directed toward providing emergency aid and support to states in responding to the global pandemic, and we hope DFPS will take full advantage of these supplemental resources for their intended purposes as they are enacted and thereafter disbursed. Most if not all of the areas of concern addressed in this letter have been impacted by the pandemic, and our hope is that these supplemental resources will help Texas make continued progress across the child welfare system, building on the momentum of the past three sessions.
Conclusion
Thank you again for the opportunity to provide input on the DFPS LAR for the FY2022-2023 biennium and for the dedication of DFPS to the safety, health, and well-being of the children and families of Texas. We look forward to our continued partnership and a productive 87th Texas Legislature. For any questions or concerns, please contact Knox Kimberly at [email protected] or (512) 567-6929.
