This Child Abuse Prevention Month, TexProtects worked to increase awareness and provide families with ideas and resources.
April is National Child Abuse Prevention Month, a special observance to highlight the current initiatives improving the child welfare system. Protecting children is an everyday mission for TexProtects and our partners.
According to the Department of Family and Protective Services DataBook, in 2019:
There were 294,739 total reports of child abuse, 23% of which were victims of child maltreatment and 14% of which were confirmed investigations
Of the confirmed allegations of abuse and neglect, 55.5% of victims were ages 0-5, 27.1% were ages 6-11, and 17.3% were ages 12-17
72.7% of all confirmed child maltreatment victims were due to neglectful supervision
235 children died of abuse and neglect, an 11% increase from 2018
18,615 children were removed from their families due to child maltreatment
The prevention of child abuse and neglect is especially important due to the challenges that COVID-19 has created. Evidence shows that numerous risk factors, including social isolation, financial instability, and other stressors have high potential to increase risk for abuse and neglect. With the impact of this pandemic, a primary concern is that although reports of abuse may decline, incidents of child maltreatment may be increasing. Educators and medical professionals make up the majority of reporters for suspected child abuse. But with stay-at-home orders leaving fewer eyes on kids, how can we, as communities, help prevent child maltreatment in the midst of this crisis?
TexProtects has proactively created a variety of tools to promote positive family and community engagement. These include:
Our Get Help guide which shares helplines for support and basic needs resources for youth and families;
Daily tips on Facebook with resources to empower families to move, make, meet, and practice mindfulness to help build connections and care for each other and ourselves during these difficult times.
In addition, through op-eds and statements to the press, we are working to increase awareness of child abuse and neglect prevention strategies. We are also working to provide families and communities with actionable ideas and resources to better support families and ensure children are safe, nurtured, and resilient.
Child Abuse Prevention Month carries a more meaningful purpose during this April, but the solutions remain unchanged. We must ensure that families are plugged into the network of support in their communities because no family can do it all alone. And by supporting families, we can better ensure that every child has a nurturing, responsive caregiver on which to depend. In big and small ways, each one of us has a unique opportunity to be part of this solution especially in times of social isolation. Check on a neighbor, help connect families in need to resources, offer support to the parents in your own life, and of, course, if you suspect child abuse or neglect, make a report.
To report suspected child abuse or neglect, you can call the Texas Child Abuse Hotline at 1-800-252-5400 or report online at txabusehotline.org.
A handy guide for parents and families to thrive during the current health crisis
Parenting is HARD work, and it’s work that can be even more difficult when we are facing stress and adversity. However, we know that there is nothing more important than the parent/child relationship in terms of future learning, behavior, and health. As the unprecedented challenges of COVID-19 continue to unfold, TexProtects wants you all to know we are in this together, Texas! We too are moms, dads and have families – whether we are tending to kiddos out of school and needing guidance, searching for jobs, or finding ways to destress and reduce anxiety, we have put together a Family Survival Kit with some great tips, tools and resources that can help you and your family better weather the storm during these trying times – a parents’ survival guide to ensure your family can thrive.
There are actions each one of us can take to reduce the stress and burden on ourselves and parents we know during this time. Offer to provide childcare so parents and caregivers are not in difficult situations and potentially leaving children unsupervised or in neglectful environments. Deliver a meal. Take a break or ask your spouse or partner to step in and help. Check in on your neighbor to ensure they have what they need, and most of all, remember, there is no way to be a perfect parent but millions of ways to be a good one–so give yourself and your children an extra dose of compassion and care during these challenging days.
Sign up for Bright by Text for free games, tips, and resources sent right to your cell phone. Messages are targeted to your child’s age (ages 0 through 8) and include information on child development, language and early literacy, health and safety, behavioral tips, games, and more! It’s free and available in English or Spanish.
The American Academy of Pediatrics has a parent resource with tips to help families work and learn during the health crisis. Healthy Children breaks the resources out by prenatal, baby, toddler, preschool, gradeschool, teen, and young adult.
The Centers for Disease Control offers free tools and additional resources to help you understand and track your child’s developmental milestones. They remind us that talking is teaching!! Reading, singing, and talking to your child is easy and dramatically increases their language and social development. If your child has not had a developmental screening, you can complete one online for free here.
Babies are born ready to learn, and they love to learn with their parents. The time you spend together helps their brain grow strong and creates a safe attachment that will encourage them to explore the world and thrive. While every day is rich with opportunities to engage and learn together, the increased time at home and out of school resulting from the COVID-19 may mean that you are looking for new ways to keep your child (and yourself) active and learning. The resources below will provide you numerous ways to take advantage of this time together and have some fun.
KERA Education out of Dallas has put together an At-Home Education Toolkit to help parents and caregivers with kids and teens PreK-12 who are at home, as well as educators who are teaching children remotely. There are more than 60,000 videos, lesson plans, games, activities and other resources in all subject areas–most are aligned to the TEKS and TX PK Guidelines.
Zero to Three offers a library of activities for playing and learning with your child based on their age.
The Kennedy Center offers short tutorials on fun ways to learn together with your child. Take a creative lunch break and draw with your child with the guidance of a fabulous teacher.
Check out a printable list from the National Child Traumatic Stress Network that offers simple activities for your family. Most do not require a screen or any supplies but all of them can create opportunities to make good memories during this difficult time.
Coping with COVID-19
Information and details regarding COVID-19 are changing rapidly. Staying informed about the outbreak and learning how to be prepared can reduce your stress. In addition, managing your own anxiety and emotions is critical to ensuring that your child can cope with their own feelings and worries during this time of uncertainty.
For the latest updates on the COIVD-19 outbreak, visit the CDC site. Included on the site is information to help prepare as a family as well as tips for self-care. While everyone experiences stress differently, the unprecedented challenges resulting from this pandemic will likely create new anxiety for all of us. Remember to take care of your body, take breaks when you feel stressed, stay informed (but limit news exposure), stay connected, and get help if needed.
This resource from the National Child Traumatic Stress Network Parent/Caregiver Guide to Helping Families Cope with the Coronavirus Disease 2019 (PDF; en español) will help you think about how an infectious disease outbreak might affect your family—both physically and emotionally—and what you can do to help your family cope. You can support your child by encouraging their questions, keeping them informed, maintaining routines when possible, and make time for fun and meaningful activities that can help everyone connect and relax.
Prevent Child Abuse America has assembled a great list of activities and resources to help parents and children. They remind us to stay connected and offer ideas for connecting to family, friends, our culture, and ourselves even when we have to be physically apart.
Talking About COVID-19 With Your Children
With news and conversations about COVID-19 everywhere, it’s important to talk to children about what they are seeing and hearing in a way that is developmentally appropriate and reassuring. Children worry more when they are kept in the dark. The resources below can help if you are wondering how to start.
The Child Mind Institute’s article Talking to Your Children about the Coronavirus has a great short video from Dr. Jamie Howard, Director of Trauma and Resilience Services, who goes over quick tips on how to discuss the pandemic with your kids. The most important thing? Be developmentally appropriate.
Last but not least, other organizations also have tips for families to talk with children about the current health crisis. Check out these tips from Zero To Three, and videos, games and activities from PBS Kids and BrainPOP.
What resources did we miss?
Let us know in the comments what has been helping you and your family to stay safe and connected. What has helped your family have fun and learn during this health crisis? How are you and your loved ones growing your resilience together? We want to hear from you!
Child welfare and early childhood media to watch, read, and listen to during this time of social distancing.*
Help us keep our mission moving by staying informed about how to keep all children safe, nurtured, and resilient. Here is a short list, curated by our team, of the most compelling educational documentaries, shows, podcasts and books related to our mission to protect children from the trauma of abuse and neglect. With the practice of social distancing and more time at home in the days and weeks ahead, we encourage you to fill some extra down time you may have with mission-driven media that helps you stay engaged and connected to our work.
Available on Netflix:
The Beginning of Life – This series uses breakthroughs in technology and neuroscience to show the importance of adult-child interaction, a child’s stages of learning, and the challenges of becoming a parent.
Babies – The producers of this series followed 15 infants and spoke to 36 scientists over one year to explore the groundbreaking science behind how infants develop.
Note: The following two suggestions have content warnings for graphic depictions of child maltreatment.
I Am Jane Doe — A documentary about child sex trafficking that highlights real cases, including a recent case that involved Congress.
The Trials of Gabriel Fernandez – This documentary peels back the curtain on a young child’s brutal murder and the public trials of his guardians and the social workers tasked with checking in on him.
Available on Hulu:
Foster – A documentary that follows stories of foster children and teens, their foster parents, and former foster youth in the L.A. County child welfare system.
Available on Amazon Video:
Instant Family – This feel-good movie is on the lighter side and based on a true story about foster care parents and the three siblings they took in from the foster system. It also highlights the process and case management aspects of foster care.
Books and Audiobooks Available on Amazon:
Note: Amazon is limiting all deliveries to essential items but their e-books and audiobook offerings are still available for purchase!
Cradle to Kindergarten: A New Plan to Combat Inequality – This book presents a blueprint for fulfilling the promise of reducing educational and economic inequalities for children by expanding access to education and financial resources at a critical stage of child development.
Note: The following suggestions also have content warnings for graphic depictions of child maltreatment and other trauma.
Spilled Milk: Based On A True Story – This is an easy but powerful read. It’s a real story that highlights the cracks in Child Protective Services reporting and investigating, politics, and the impact of Adverse Childhood Experiences on a child throughout their lifespan. (Also available as an audiobook.)
Child Welfare information Gateway Podcast Series – This podcasts series provides interviews and panel conversations for child welfare and social work professional. It covers a wide range of topics like implementing evidence-based programs, tribal courts and child welfare, reunifications, and other issues surrounding casework.
The Brain Architects – This new podcast from the Center on the Developing Child at Harvard University focuses on topics that surround the developing child’s brain from brain architecture to toxic stress to serve and return.
*On March 19, Governor Greg Abbott and Dr. John Hellerstadt, Commissioner of the Department of State Health Services, declared a state of public health disaster for Texas. Apart from encouraging hygiene and cleanliness practices, limiting gatherings to no more than 10 people, and shuttering dine-in options at restaurants, we are being asked to do our part for the community by staying socially isolated except for essential trips. Spending a lot of time stuck inside during the COVID-19 health crisis is important to “flatten the curve” to slow the virus’s infection rate.
Every week, more than four Texas children die because of child abuse and neglect.
The Texas Department of Family and Protective Services (DFPS) recently released their Child Maltreatment Fatalities and Near Fatalities Annual Report for Fiscal Year 2019. The report collects and provides context for the number of child deaths that occurred throughout the state, a troubling reminder that we have much more work to do in preventing child abuse and neglect. This year, there were a reported 235 confirmed abuse or neglect-related child fatalities in Texas, the highest number of fatalities we have seen in the last decade since it peaked in 2009 at 280 deaths, and on the rise from a low of 151 in 2014. Texas’s number of child fatalities is well above the national average with a 2.70 per capita rate for child abuse and neglect fatalities over the national average of 2.39.
Overall Takeaways:
The top causes of child abuse and neglect related fatalities included:
Neglectful Supervision (total of 141 cases)
Drowning (48 cases)
Unsafe Sleep (30 cases)
Vehicle Related (19 cases)
Physical Abuse (total of 94 cases)
Blunt Force Trauma (56 cases)
In 91% of the child fatalities, there was no open Child Protective Services (CPS) investigation or case at the time of the child’s death.
There was no prior CPS history with either the child or the perpetrator in approximately 55% of the child abuse or neglect fatalities. This percentage remained steady from Fiscal Year 2018.
These percentages still reveal that several families had previous or active involvement with CPS. Therefore, families who experienced a child death were not receiving the support they needed or something about the services these families received did not work.
Victim Characteristics:
72% of child deaths were between the ages of 0 and 3
There was an increase involving children age 4 through 6.
56% of the child fatalities were due to neglectful supervision, which is specified as physical/medical neglect, and unsafe sleep practices accompanied by substance abuse.
This concerning information illustrates the importance of prevention and early intervention efforts like Project HOPES and home visiting programs that support families in the early years when brain development is at its peak and families may not be connected to other resources that could help them create safe and nurturing environments for their children before a crisis occurs. As the Prevent Child Abuse Chapter for Texas, TexProtects is on the front lines to increase access to evidence-based prevention programs so that children can be safe, and their families can get the support they need.
Another concern about what the data shows is that we are still seeing some populations disproportionately represented in child deaths across the state:
Hispanic children made up the largest percentage of deaths (35%).
African American children were the highest rate per capita (7.85 vs 3.14).
29% of the fatalities were children with special medical needs.
Approximately 57% of all child deaths were male (133).
It is worth noting that Texas defunded the Office of Minority Health Statistics and Engagement in 2018, leaving one person at DFPS leading the efforts to address racial inequities. In the report, DFPS mentions their cross-sectional work with other agencies and stakeholders, but it is worth considering how that work can be more targeted and effective specifically as it relates to equity issues.
Underlying Issues Faced by the Perpetrators of Abuse/Neglect:
48% of the child fatalities involved substance use of a caregiver.
A parent/caregiver in the child’s household reported active mental health concerns in 32% of the child fatalities.
This is where we can leverage federal dollars for prevention services eligible through the Family First Prevention Services Act (FFPSA) for families. These federal dollars intend to address the key drivers of child abuse and neglect: substance use, mental health, and lack of parenting skills. Key policymakers and state agencies are making decisions now about how to implement FFPSA in Texas. TexProtects believes that making high quality, evidence-based prevention services available to families that address these issues will provide parents and caregivers with the tools they need to meet their children’s needs and safely keep their families together.
The Child Maltreatment Fatalities Report makes clear to advocates and policymakers alike why it is so necessary that Texas invests in child abuse and neglect prevention efforts. Every week, more than four children die because of child abuse and neglect. At TexProtects, we believe these deaths can be prevented. Join us as we work to ensure that they are.
DFPS Hearing on the Family First Prevention Services Act
On Jan. 30, TexProtects joined advocates from around the state at the Department of Family and Protective Services’ (DFPS) public hearing on the Family First Prevention Services Act (FFPSA). In the 86th legislative session, TexProtects championed S.B. 355 which directed DFPS to develop a strategic plan for the implementation of FFPSA. DFPS published their Texas Child Welfare Changing Landscape Action Plan several months ago, and this hearing offered the public an opportunity to provide feedback toward their planning process and the opportunities presented by FFPSA.
As a refresher, FFPSA changes the way federal dollars can be spent:
Title IV-E dollars previously could only be used for children once in substitute care, but now this funding is available for evidence-informed services for children and families to prevent removal. Specifically, these federal dollars intend to address the key drivers of child abuse and neglect: substance use, mental health, and lack of parenting skills. The idea behind this strategy is to provide the supports necessary to keep families safely together.
For families who require legal intervention from CPS, funding will be designated for family-like settings and congregate care placements that provide higher quality services.
The provisions of FFPSA also aim to better support kinship caregivers and provide older youth in care with more supports as they transition into adulthood.
TexProtects provided testimony alongside our advocacy partners from Texas CASA, Texans Care for Children, Disability Rights Texas, National Association of Social Workers, Parents as Teachers, Nurse-Family Partnership (NFP), Nurturing Parenting, Center for Public Policy Priorities, and several community providers. In our testimony we emphasized the importance of getting the eligibility criteria right for these critical prevention services so that families have access to needed supports. We also discussed the importance of preserving funding for primary prevention efforts through Prevention and Early Intervention (PEI) initiatives such as Healthy Outcomes through Prevention and Early Support (HOPES) and NFP at DFPS and using the infrastructure already in place to expand services to higher risk families. Finally, we noted the importance of supporting kinship families and exploring the provisions of FFPSA that would allow further support of older youth in care.
We were glad to see such a great turnout at the hearing and the amount of meaningful, intentional recommendations provided for DFPS to consider. Texas’ deadline to implement the provisions of FFPSA by October 2021 is just around the corner, and we hope to see DFPS incorporate this feedback as they carry out their work.
Your Voice – and Action – Matters Between Legislative Sessions
As summarized in our last blog post on the legislative interim, the work toward next session really does begin now.
During the interim, legislators and their staff spend more time in both their district and capitol offices, which means they have more bandwidth and availability to develop relationships and learn more about topics of interest. The voice that matters most to legislators, is the voice of their constituents. So while the work of session can often seem complicated, overwhelming, and better left to the professionals (which it’s not!), the interim is the period in which local providers, stakeholders, parents, teachers, and YOU can use their voice to speak up for Texas kids.
Keep this in mind while bending the ear of a legislator: You don’t have to be an expert. You don’t have to understand the political system. You don’t have to know all the data inside and out. This is where the support and expertise of TexProtects can come into play – but we need you to tell your story and why it matters.
To speak to your district’s policymakers, you simply have to share your values (and it certainly helps understand theirs!), experiences, knowledge, and the issue/topic to which you’re passionate. Then, let them know that their community is expecting them to deliver in ways that are meaningful. In our case – that is keeping kids safe and empowering our families to thrive.
Maybe you have ideas about what needs to change regarding the issue at hand. Maybe you have some ideas about solutions – even better! Maybe you have personal experiences with children or families that you know will provide a compelling narrative and is the extra push needed to see change happen. If you follow the work TexProtects does, if you are reading this blog, if you engage with us on social media, you definitely have a story and a connection to your community that could deepen and inform the conversation around how to make meaningful change in child welfare.
If you’re ready to get involved, here are few ways you can begin:
Schedule a visit to talk about topics of interest.
Invite them to an event that highlights critical issues and programs to build investment.
Attend an event! TexProtects holds community events through the state year-round on child protection related issues. Check our website for any upcoming events.
Join local and statewide collaboratives on your areas of interest to amplify your voice and inform your positions. For example, TexProtects provides leadership for the following collaborations: TexProtects Public Policy Committee, Texas Prenatal to Three Collaborative, the Child Protection Roundtable, and the Home Visiting Consortium. Contact [email protected] if you are interested in more information about those collaboratives.
Write a letter of thanks to legislative champions. Everyone appreciates a thank you and unfortunately, our policy makers often hear from their constituents only when they are unhappy. Take time over the interim to thank your legislator for their public service and take the opportunity to point out a child protection bill from last session that they supported. You can use our end of session report to get a list of important bills from last session. Texas Legislature Online will let you search for a bill to see who voted for it, what actions were taken toward it, and the language of the bill. If you need assistance, contact [email protected]. TexProtects would be glad to help you draft the letter or determine which bills might be relevant to mention.
Be sure you are signed up for our newsletter and advocacy alerts (sign up in the orange box on our home page and connect with us on social media (Facebook, Twitter, and Instagram) to stay up to date on the latest child welfare news and state and federal policy. We will let you know when there is an important hearing so that you can attend, stream online, or provide written or oral testimony.
Have a policy idea related to child protection? We want to hear it!
If you hit a roadblock or need a cheerleader, a contact, or a data point, please don’t hesitate to reach out, we are here to help.
The 86th Interim Committee Charges and Child Protection
The Texas Legislative Session takes place for 140 days every two years; but it may be a misconception to call it a part-time legislature. The laws passed during the session are the result of work that starts during the interim – the more than one-and-a-half years between the end of one session and the beginning of another.
Although the legislative session gets the majority of the attention, it’s important to understand the significance and opportunities of the interim. During this time, advocates strengthen relationships with legislators and their staff and educate them on issues that will inform their work and the bills they support the following session.
The Governor and the Lieutenant Governor kick off the interim with charges that instruct committees in the House and Senate on what to monitor and examine before the next session. The committees engage in discussions, research and hold public hearings to produce an interim report, inclusive of recommendations forthe next legislature. Charges typically include directions to monitor the implementation of bills passed by the previous legislature as well as directives toward emerging priorities and issues.
Lt. Governor Dan Patrick released Senate charges on Oct. 30, 2019. Most of the charges that affect child protection went to the Senate Health and Human Services committee chaired by Sen. Lois Kolkhorst (R-Brenham). Child protection related charges in the Senate include the following:
Rural Health:
Examine and determine ways to improve health care delivery in rural and medically underserved areas of the state.
Determine whether additional funding provided during the 86th Legislative Session has helped to ensure more accessible and quality health care in rural areas.
Strengthening Families:
Examine Department of Family Protective Services (DFPS) procedures and grounds for placing a child into the child welfare system and the termination of parental rights.
Make recommendations on ways to protect children who are involved with the child welfare system while preserving families under state law.
Identify ways faith-based and other community organizations can assist in preserving or reunifying families involved with the child welfare system.
Monitoring:
The continued implementation of Senate Bill 11 (85th Legislature) and Community-Based Care by DFPS,
Child Care Quality and Safety, and
Maternal mortality and infant health initiatives, including the women’s health programs administered by the Health and Human Services Commission (HHSC).
On the House side, this interim has presented some unique challenges. The first few months of the interim were disrupted by a political scandal involving Rep. Dennis Bonnen (R-Angleton) that resulted in his decision to resign his seat, which he has held since 1997. This also means he is leaving his position as Speaker of the House for the next session. This creates some challenges; there is less clarity about leadership and priorities for next session. But there also is an opportunity for the House Committees to pursue their work during the interim given more autonomy.
Adding to challenges in the House is the absence of Rep. John Zerwas (R-Richmond), a longtime House member and chair of the Appropriations Committee – and a dear champion for child protection issues. He will not be seeking reelection – leaving a vacancy on that committee that only the Speaker of the House can fill. With new leadership, every week counts. The Appropriations Committee typically spends the 18 months between sessions to prepare the budget. This year’s budget exceeded $200 billion and the budget is the only bill that every Legislature is required to pass. The appointment of the Appropriations chair will be critical to the political dynamics and the efficiency of the House during this interim.
Challenges aside, Speaker Bonnen released his full list of more than 200 interim charges on Nov. 25 of 2019.
House Charges related to child protection spread across several committees including Appropriations, Human Services, Public Education, Public Health and others. In addition to monitoring charges related to many of the child protection bills from last session, TexProtects is particularly excited that the House is studying the following topics over this interim.
Early Childhood Brain Health:
Examine state investments in the health and brain development of babies and toddlers including Early Childhood Intervention and other early childhood programs for children in the first three years.
Evaluate opportunities to boost child outcomes and achieve longer term savings (Appropriations Article II subcommittee).
Family First Prevention Services Act:
Review how Texas is preparing for state and federal budgetary changes that impact the state health programs including the Family First Prevention Services Act (joint charge for Appropriations Article II and Human Services Committee).
Community Based Care:
Monitor the implementation and expansion of Community Based Care by DFPS (joint charge for Appropriations Article II and the Human Services Committee).
Monitoring:
Former Foster Youth and Post-Permanency Care (HB53, HB72, HB123, HB1702),
Child Care Quality and Safety (SB568, SB569, SB706, HB680),
Behavioral Health in Schools (HB18, HB19, HB906),
Maternal and Child Health (HB253, SB436, SB748, SB749), and
Rural Health (SB633, SB670).
As lawmakers return from the holiday break, the committees will begin posting notices for hearings on these charges. Stay tuned for our next blog in this series which will outline ways that you can get involved and work alongside TexProtects to ensure that every child (and their family) is safe, nurtured, and resilient.
Today’s post looks at bills affecting behavioral health and trauma. For a PDF version of this post, click here.
Behavioral Health and Trauma Background
Challenges with mental health can be both a cause and a consequence of early childhood adversity. Therefore, both prevention and healing require adequate systems of care to ensure children and their parents have access to mental health care and services that incorporate trauma-informed approaches that can be both healing and protective.
In the 86th Legislative Session and in the wake of the shooting at Santa Fe High School and Hurricane Harvey, the momentum around school safety and trauma offered an opportunity to take a meaningful look at the capacity issues in our communities and the ways in which our schools might better facilitate access to care and incorporate strategies that allow children with a trauma history to engage productively and thrive.
Schools are often the first point of contact for students with behavioral health issues, and undiagnosed mental health conditions can negatively impact the academic performance, behavior, and school attendance of students.
Like all diseases, care works best with early intervention when symptoms are less severe and there is less need for more intense treatments, specialists, and medications. However, most schools lack adequate training or staff to address student needs, and most communities in Texas have a shortage of mental health and substance use providers to which families and children might be referred for treatment.
Stress and trauma, both acute (e.g. Hurricane Harvey) and chronic (e.g. abuse/neglect), can place children in “fight or flight” mode. This course overwhelms the brain, including its stress hormone cortisol, and impairs a child’s ability to self-regulate and engage in higher-order thinking. These adverse childhood experiences can disrupt normal development and lead to a higher risk of both mental challenges (e.g. depression and suicidality) and physical challenges (e.g. heart disease and stroke) throughout the lifespan. However, the negative impacts can be mitigated if students are equipped with protective factors through healthy relationships, safe environments and access to care, when needed.
Behavioral health care investments and programs are spread across state agencies including:
Health and Human Services Commission
Department of State Health Services
Department of Family and Protective Services
Texas Department of Criminal Justice
Texas Juvenile Justice Department
Texas Education Agency
Texas Department of Housing and Community Affairs
Texas Veterans Commission
Texas Workforce Commission
In addition to state entities, behavioral health services are provided at the local level in jails, hospital emergency departments, schools, local mental health authorities, various nonprofit agencies, public health clinics and other settings, with people frequently moving between service systems.
The goal of behavioral health policies is recovery. Recovery is an ongoing process that enables individuals to mitigate the negative effects of their challenges and trauma and become empowered to make beneficial choices, engage in healthy relationships and create a successful life.
Behavioral Health in the 86th texas legislature
Top-Priority Bills Passed
House Bill 1 – The General Appropriations Act
Champions: Sen. Jane Nelson and Rep. John Zerwas
HB 1 funding for behavioral health includes programs or services directly or indirectly related to the research, prevention, or detection of mental disorders and disabilities, and all services necessary to treat, care for, supervise, and rehabilitate persons who have a mental disorder or disability, including persons whose mental disorders or disabilities result from alcoholism or drug addiction. Funding for behavioral healthcare to support programs at 23 state agencies and associated costs within Medicaid and the Children’s Health Insurance Program total $7.8 billion for 2020-2021. Some of these services include:
funding for inpatient client services at state hospitals and community hospitals;
deferred maintenance projects at state mental health hospitals;
outpatient services provided through local mental health authorities and local behavioral health authorities;
substance abuse prevention, intervention, and treatment services for adults and children;
mental healthcare and substance abuse treatment for incarcerated offenders;
mental healthcare services for veterans; and
Mental Health Care Consortium.
Some notable increases in investment are found in the table below:
Behavioral Health
2020-21 Base Budget
Additional Investment and House Bill 1 FINAL
% Difference
Department of Family and Protective Services for Purchased Client Services
$52.8 million
$24.4 million; $77.3 million total
46.2% +
Health and Human Services Commission
$3 billion
$303.7 million; $3.3 billion total
10.3% +
University of Texas Health Science Center at Tyler
$8 million
$5.5 million; $13.5 million total
68.3% +
* Higher Education Coordinating Board
$0
$100 million total
100% +
Department of Criminal Justice
$515.8 million
$9.8 million; $525.6 million total
1.9% +
Juvenile Justice Department
$175.5 million
$3.6 million; $179.1 million
2.0% +
*Funds available to the newly created Texas Mental Health Consortium to be distributed to health-related institutions of higher education for expanding the mental health workforce and for psychiatric fellowships. The Consortium is created through SB 11.
Safe and Healthy Schools Initiatives
Funding for school safety programs includes an additional $343.5 million to expand children’s community mental health, grants to mental health professionals at local mental health authorities provided by HB 19, school safety infrastructure enhancements, a new school safety allotment provided by SB 11; school district reimbursement of post-disaster expenditures, and customized school safety programming and other services.
HB 18 – Trauma Informed Schools
Champions – Rep. Four Price & Sen. Kirk Watson
HB 18 will increase awareness of mental health among public school students and educators, reduce the stigma of mental health issues, and provide more resources on mental health and substance abuse for educators. Through integration in district policy, staff training and continuing education requirements, HB 18 ensures that school staff are adequately trained to understand the impact of trauma on students, implement strategies to minimize the negative impacts, and maximize academic opportunities in an environment of safety and connection, making referrals when needed and with parental consent.
Other Priority Bills Passed
TexProtects Goal – Address students’ mental health needs by increasing access to care and implementing trauma-informed approaches in school environments
House Bill 19 – Rep. Four Price / Sen. Kirk Watson
HB 19 requires local mental health authorities to employ a nonphysician mental health professional to serve as a mental health and substance use resource for school districts. These professionals will act as a resource for school district personnel by helping increase awareness of mental health and co-occurring mental health and substance use disorders, assisting with the implementation of mental health or substance use initiatives under state law or agency rules, and ensuring awareness of certain recommended programs and practices and treatment programs available in the district. The bill will also require the professionals to help personnel facilitate on a monthly basis training regarding mental health first aid, the effects of grief and trauma, and prevention and intervention programs that will help students cope with pressure to use illicit substances.
HB 811 – Rep. James White / Sen. royce West
HB 811 requires that school districts take into consideration whether a child is in the conservatorship of the state or is homeless when making decisions concerning disciplinary actions including suspension, removal to a disciplinary alternative education program, expulsion or placement in a juvenile justice alternative education program, regardless of whether the decision concerned a mandatory or discretionary action.
HB 906 – Rep. Senfronia Thompson / Sen. Beverly Powell
HB 906 establishes the Collaborative Task Force on Public School Mental Health Services to study and evaluate state-funded mental health services provided at school districts or open-enrollment charter schools. The task force will also evaluate mental health services training provided to educators and the impact of the provided mental health services. The task force will share its findings and recommendations with the governor, lieutenant governor, House speaker, and the TEA by Nov. 1 in each even numbered year until 2025.
SB 11 – Sen. Larry Taylor / Rep. Greg Bonnen
SB 11 is the 86th Legislature’s answer to increasing school safety. It includes many provisions related to safety, security, and emergency preparedness and response. In addition, the bill requires a trauma-informed care policy to address methods for increasing staff and parent awareness of trauma-informed care and the implementation of trauma-informed practices and care by district and campus staff. The policy will also address available counseling options for students affected by trauma and grief. In addition, SB 11, amended with language from Sen. Nelson’s SB 10, creates the Texas Child Mental Health Care Consortium to leverage the expertise and capacity of the health-related institutions of higher education in order to address urgent mental health challenges and improve the mental health care system in this state in relation to children and adolescents.
SB 712 – Sen. Eddie Lucio Jr. / Rep. Morgan Meyer
SB 712 provides guidance by naming extreme aversive interventions that may not be used on any student, under any circumstances. By clarifying what behavior modification techniques are prohibited and providing direction on positive alternatives. SB 712 will improve the safety and wellbeing of students, especially those with special needs. The companion to this bill is HB 3630.
TexProtects Goal – Improve access to mental health care, substance use prevention and treatment, and evidence-based treatments and approaches for survivors of childhood adversity
HB 2813 – Rep. Four Price / Sen. Jane Nelson
HB 2813 ensures the continued existence of the Texas Statewide Behavioral Health Council by codifying it in statute. The council is charged with developing and monitoring the implementation of a five-year statewide behavioral health strategic plan and developing a biennial coordinated statewide behavioral health expenditure proposal. This work helps state agencies coordinate and reduces duplication of services, improves the quality and accessibility of services, and saves taxpayer dollars.
SB 429 – Sen. Eddie Lucio, Jr. / Rep. Eddie Lucio III
SB 429 requires the Statewide Behavioral Health Coordinating Council, under the direction of the Health and Human Services Commission (HHSC), to develop a comprehensive plan to increase and improve the workforce in Texas to serve individuals with mental health and substance use issues. By Sept 1, 2020, HHSC will need to start implementing the plan.
SB 633 – Sen. Lois Kolkhorst / Rep. William Lambert
SB 633 requires HHSC to form local mental health authority (LMHA) groups in rural areas and develop a mental health services development plan for each group. Public mental health services are primarily provided through HHSC contracts with LMHAs. These entities provide or arrange crisis, community mental health, and substance use services; jail assessments; and services for individuals with intellectual and developmental disabilities. This bill increases service access, especially in rural counties, by requiring regional coordination and planning to reduce government costs and negative impacts to individuals in crisis.
SB 821 – Sen. Jane Nelson / Rep. Four Price
SB 821 amends a children’s advocacy center’s duties and a multidisciplinary team’s membership and response. These centers assess victims of child abuse and their families to determine their need for services related to the investigation of child abuse and provide those services. This bill updates the Family Code to more clearly align statute with current practices, standards, services, and operations of children’s advocacy centers, increase accountability, and strengthen access to services.
SB 1177 – Sen. JosÉ Menéndez / Rep. toni Rose
SB 1177 permits a Medicaid Managed Care Organization to offer medically appropriate, cost-effective, and evidence-based services from a list approved by the state Medicaid managed care advisory committee and included in the contract in lieu of mental health or substance use disorder services specified in the state Medicaid plan. This will provide flexibility to providers and access to evidence-based and cost-effective services without additional cost to the state.
SB 1564 – Sen. Royce West / Rep. Stephanie Klick
SB1564 aligns Texas Medicaid policy with federal law by using the federal definition of a “qualifying practitioner.” This will allow more practitioners to prescribe and be reimbursed for buprenorphine, a common medication-assisted treatment for substance use disorders. Currently, a large number of Texans who have a substance use disorder do not have access to providers who are able to prescribe them the common opioid antagonist buprenorphine.
Missed Opportunities for Behavioral Health and Trauma
Creating the Texas Mental and Behavioral Health Research Institute
Through HB 10, this research institute would have been able to lead the charge on child and adolescent mental health by funding research, increasing awareness of best practices, and fostering statewide collaborations. This institute would coordinate with the Mental Health Care Consortium to accelerate community access to information, treatments, and training related to behavioral health and substance use. The related HJR 5 would have created a revenue source for this research and increased access to care.
In 2018, there were 280,874 reports of suspected child abuse/neglect to Statewide Intake. 66,370 or 24% of those reports were confirmed.
Child maltreatment will cost Texas an estimated $1.75 billion in CPS expenditures in FY 2019 and over $55 billion in total costs across the victims’ lifetimes.
43% of children who complete Family Based Safety Services programming with their families are reconfirmed as victims of abuse within 5 years.
Today’s post looks at bills affecting Child Protection Systems, and next we will conclude with Mental Health and Trauma. For a PDF version of this post, click here.
Child Protection Systems Background
In the 85th Texas Legislative Session (2017), Governor Greg Abbott declared child protection to be an emergency item. That session resulted in unprecedented child protective services (CPS) reforms and investments including:
Increases in kinship care through enhanced financial assistance;
Expansion of community-based foster care;
Treatment-based foster family care in most regions;
Salary increases; and
Additional hires that lowered caseloads
While those reforms made real progress for the safety of Texas children, there was significant work left to do in the 86th Legislative Session (2019) and much less political will to do it. However, opportunities for continued investment in best practice and improvements to child safety were plentiful. Opportunities presented to the 86th Legislature included:
Maintenance – In order to maintain the salary increases, caseloads, and investments in community-based care despite a growing child population and increasing number of child abuse reports and victims, lawmakers had to invest additional dollars or risk losing ground on the changes made last session.
Pressure from the federal class action lawsuit – In 2015, Judge Janis Jack proposed significant changes to the CPS system to ensure the constitutional rights and due process of children in the care of the state in response to a class action lawsuit filed on behalf of 12,000 children in long-term foster care. While some of the proposals were overturned by the 5th Circuit Court of Appeals as overreach, the findings have consistently made clear that the state has work to do to ensure the safety, health, and constitutional rights of children in the conservatorship of the state.
Family First Prevention Services Act – This session presented a new opportunity to leverage federal funds made available through the federal Family First Prevention Services Act in two significant ways. First, it makes available new prevention funding to help strengthen families before a crisis by investing in mental health, substance use prevention and treatment, and in-home parenting programs. Second, it requires that federal dollars for children in care be spent on family-like settings and treatment centers that are offering accredited and high-quality care. In order to leverage those dollars most effectively, the Legislature had the opportunity to invest in planning and improved quality that would ready the state for implementation.
Child Protection in the 86th texas legislature
Top-Priority Bills Passed
House Bill 1 – The General Appropriations Act
Champions: Sen. Jane Nelson, Sen. Lois Kolkhorst, Rep. John Zerwas, REp. Sarah DAvis
General Overview – Although we did not see the urgent and comprehensive focus on child welfare this session that we did in the 85th, there was continued attention on child protection issues. Lawmakers viewed their role this session as one of a gatekeeper – ensuring that the large-scale changes of last session continued to move forward and that implementation was monitored closely. Despite a cut in state funds, when federal funds were included, the Department of Family and Protective Services (DFPS) budget grew by 6.1%. In their budget, lawmakers showed continued support for community-based care, increasing the use of kinship care, and the needs of older foster youth.
Area of Budget
2020-21 Base Budget
House Bill 1 FINAL
% Difference
Child Protective Services
$3.7 billion
$3.8 billion
2.2% +
Statewide Intake – At DFPS, statewide intake is the front door for the public to report suspected abuse. Additional investments will improve child safety by minimizing hold times on the statewide intake line. Long wait times can result in dropped calls and increase the risk of abuse going unreported. Investments in this biennium will support salary increases of $6,000, resulting in lower turnover and subsequently, a higher level of experience in the workforce.
Area of Budget
2020-21 Base Budget
Additional Investment & House Bill 1 Final
% Difference
Statewide Intake
$45.9 million
$4.3 million $50.2 million total
8.5% +
Caseloads – The maintenance of manageable caseloads is paramount to ensuring the safety of children who are interacting with the child protection system. Investments for CPS direct delivery staff will help to maintain lower caseloads per worker for most caseworkers.
Area of Budget
2021 Base Budget & Average Daily Caseload
Additional Investment, House Bill 1 Final, & Projected Average Daily Caseload
% Difference
CPS Direct Delivery Staff
$1.4 billion
$148 million $1.6 billion total
9.1%
CPS Investigations
13.6 cases
13.6 billion
CPS Family Based Safety Services
10.2 cases
9.3 cases
CPS Conservatorship
25 cases
23.5 cases
Projected caseloads are included in HB 1 and are estimates from the Legislative Budget Board; DFPS will prepare its own analysis.
Community-Based Care – The Legislature provided funding to continue rolling out Community-Based Care (CBC), formerly named “Foster Care Redesign,” which changes the way the state delivers foster care services. Under CBC, a private contractor (called a “Single Source Continuum Contractor [SSCC]”) is responsible for building and managing foster care capacity and placements for a specific service region in the state. CBC has been rolled out in Region 3B (seven-county area including Tarrant County), Region 2 (30-county area in North and North-central Texas that includes Wichita Falls and Abilene) and Region 8A (Bexar County). Additional investments this session will provide resources to expand into Region 8B (16 counties surrounding Bexar), and Region 1 (41 counties in Panhandle), as well as add case management work to the existing contracts.
2020-21 Base Budget
Additional Investment and House Bill 1 Final
% Difference
Community-Based Care
$434.5 million
$66.9 million $501.4 million total
15.4% +0
Foster Care Provider Payments – Foster care families and other providers are essential to building capacity in the foster care system so it meets the current demand, as well as ensuring positive outcomes for children and youth in conservatorship of the state. The Legislature provided additional investment of $12 million in foster family support, certain residential providers and emergency shelters.
Supervised Independent Living (SIL) and Preparation for Adult Living (PAL) – DFPS provides both SIL and PAL programs to assist older youth in their transition toward a successful and self-sufficient adulthood. Without supportive housing and access to training and resources, youth are more likely to be involved in the criminal justice system, are at higher risk of teen pregnancy, have lower high school graduation rates and are more likely to experience homelessness and unemployment. SIL increases of $1.8 million will support case management services for children with more complex needs and increase the rates paid to providers for services. PAL increases of $1.5 million will support 10 additional specialist positions.
HB 475
Champions – Rep. Donna Howard and SEn. Kirk Watson
HB 475 will ensure that pregnant and parenting foster youth receive basic information about ways to keep their child safe and promote healthy attachment, child development, and maternal health if they cannot or choose not to participate in Project Helping through Intervention and Prevention (HIP). Project HIP makes available evidence-based, in-home parenting programs to pregnant and parenting foster youth; however, it is voluntary and not currently available statewide.
Other Priority Bills Passed
TexProtects Goal – Efficiency and Best Practices in CPS and Foster Care
Senate Bill 195 – Sen. Charles Perry / Rep. Tan Parker
SB 195 requires DFPS to update their case tracking system to allow DFPS to keep statistics regarding alcohol and controlled substances when funds are available. This detailed information will allow the department to better understand the correlations between substance use and child abuse/neglect as well as the impacts of prenatal exposure to alcohol and controlled substances on children.
SB 781 – Sen. Lois Kolkhorst / Rep. Ben Leman
SB 781 will establish regulations for child safety, runaway prevention, quality contracting, and strategic planning for facilities that provide 24-hour care to children such as residential treatment centers and emergency shelters. The strategic plan outlined in the bill will help ensure that state agencies are prepared for the implementation of the federal Family First Prevention Services Act.
TexProtects Goal – Increased Use of Kinship Care
HB 1884 – Rep. Ina Minjarez / Sen. Carol Alvarado
HB 1884 requires that when a child is placed with a relative or other designated caregiver, the caregiver is informed, by the court, of the option to become verified by a licensed child-placing agency and of the permanency care assistance program. This opportunity can make available additional resources to the caregiver and as a result, increase stability for children.
HB 3390 – Rep. Scott Sanford / Sen. Angela Paxton
HB 3390 ensures that adequate steps are taken to identify any potential caregiver for a child before that child is placed in foster care. The bill also expands the definition of a designated caregiver to include a person who had a longstanding and significant relationship with the family of the child and requires that the child and parent both be asked to share any relatives or potential caregivers.
TexProtects Goal – Improved Services to Foster Youth Aging Out of Care
HB 53 – Rep. Ina Minjarez / Sen. Beverly Powell
HB 53 will require DFPS to collaborate with the Office of Consumer Credit Commissioner and the State Securities Board to develop an expanded financial literacy education program for foster youth. Experiential training will include filing taxes, using insurance, identity and credit theft, budgeting and civic engagement.
HB 123 – Rep. James White / Sen. Kirk Watson
HB 123 eases the burden of obtaining personal identification documents for foster children by waiving the fee, exempting the requirement for a parent signature and allowing the use of the DFPS regional office in lieu of a permanent address.
HB 1702 – Rep. Donna Howard / Sen. Kelly Hancock
HB 1702 requires institutions of higher education to make publicly available the contact information for their foster care liaison officer and information regarding support services available to students who were formerly in conservatorship. In addition, the name of any student who was formerly in conservatorship will be provided to the foster care liaison officer by their institution at the beginning of each semester.
TexProtects Goal – Cross-Sector Collaboration and Child Protection Systems
HB 72 – Rep. James White / Sen. Angela Paxton
HB 72 allows adopted children with chronic health conditions to continue to have access to the healthcare they would have had if they had remained in conservatorship if the adoptive parents opt-in. Foster children who transition into adoptive placement often experience gaps in medical care, and these gaps can have serious negative health consequences for children with severe disabilities.
HB 621 – Rep. Victoria Neave / Sen. Judith Zaffirini
HB 621 expands existing statutory protections against employer retaliation for a professional’s good faith reporting of child abuse or neglect by defining “adverse employment action” to mean any action that affected an employee’s compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from making or supporting a report of abuse or neglect.
HB 1709 – Rep. Mary González / Sen. José Menéndez
HB 1709 requires school districts to work closely with DFPS to notify when a surrogate parent has been appointed to a child with disabilities who is in conservatorship. Surrogate parents are appointed by school districts when children with disabilities who are under the managing conservatorship of DFPS do not have an available parent or foster parent who is willing or able to serve as the educational decision maker for the child. When a court-appointed surrogate parent is not properly performing their required duties, the district must consult with DFPS to review the appointment and, if appropriate, find a replacement. This bill expands the definitions of who can serve as a surrogate parent and helps ensure transparency and accountability in the system.
HB 1780 – Rep. Rick Miller / Sen. Lois Kolkhorst
HB 1780 requires the court to consider a parent’s good faith attempt to complete a drug rehab program when deciding whether to grant a 6-month extension before terminating parental rights. In light of the overwhelming majority of neglectful supervision cases that involve substance use and the complexity of treatment and recovery, this bill will give parents a chance to break the cycle of drug addiction and keep families together.
HB 2229 – Rep. Jarvis Johnson / Sen. Kirk Watson
HB 2229 adds specific information to a report the Texas Juvenile Justice Department (TJJD) must submit to the Governor, Lt. Governor, and Legislature every even numbered year regarding foster children in the juvenile justice system. This bill requires the report to break down the number of foster children in TJJD custody by age, sex, race, conduct, and first-time offenders. This data will enable advocates and policymakers to better implement programs and practices that can prevent foster youth from entering the justice system.
HB 2737 – Rep. Gene Wu / Sen. Nathan Johnson
HB 2737 will require the Texas Supreme Court to provide annual guidance to judges who preside over juvenile or child protective services cases to establish greater uniformity across the state in how those cases are handled. The issues addressed could include the placement of children with severe mental health issues; changes in placement; final termination of parental rights; release of children detained in
juvenile detention facilities; certification of juveniles to stand trial as adults; and commitment of children to the Texas Juvenile Justice Department.
HB 3809 – Rep. Craig Goldman / Sen. Kirk Watson
HB 3809 will allow suits for personal injury to be brought up to 30 years after the day the cause of action accrued if the injury arose from conduct involving offenses against children including sexual assault of a child, aggravated sexual assault of a child, continuous sexual abuse of a young child, trafficking a child and causing the child to be involved in certain sex crimes, compelling prostitution of a child, and indecency with a child. Currently, the statute of limitations is 15 years. This bill allows more time for child victims to come to terms with their trauma enough to talk about it and bring a civil lawsuit.
Missed Opportunities for Improving Child Protection Systems
Rate Increases
Children who cannot remain safely at home with their parents are removed by CPS. CPS places children in foster care placements when a suitable kinship option is not available. Foster care services may be provided through placement with foster families or through emergency shelters, residential treatment centers, and other programs. Foster care providers are reimbursed by the state at a daily rate based on the type of care that is required to meet the needs of each child. In Texas, these rates do not fully cover the cost of providing foster care services, and providers must secure philanthropic donations that subsidize the rates in order to provide quality foster care. While lawmakers did make some investments in rate increases, in most cases these increases did not keep pace with inflation and actual purchasing power decreased. Insufficient rates contribute to continuing problems in building sufficient capacity to serve children in need.
Trauma-Informed Care
Children who are interacting with the Child Protection System experience trauma at higher rates than their peers and often in patterns that are complex and chronic. Although DFPS currently includes trauma-informed training in programs made available to DFPS employees as well as foster, adoptive, and kinship caregivers, the comprehensiveness and accessibilty of that training may not be sufficient to ensure staff and caregivers have the skills they need to recognize and address the ways that trauma may be affecting a child’s behavior. Unfortunately, the Legislature failed to take action to ensure that the adults who are charged with decision making on behalf of traumatized children, have adequate training to understand the ways trauma can impact biology and behavior or strategies to increase resilience and healing.
Funding for Increased Quality in Foster Care
The Family First Prevention Services Act, which will go into effect in 2021, targets federal funding to evidencebased foster care prevention services and improved foster care that provides the best environment for each child’s
unique needs. For children with therapeutic needs, Family First dollars are available for providers who have thirdparty assessment, access to medical staff, and follow-up after transition to assure successful placement. Many
Texas providers are not currenly meeting the standards laid out by the bill. This session offered an opportuntiy to
invest in programs and services that are being prioritized by Family First so that implementation will be efficient,
federal dollars can be maximized, and children will have access to higher quality care.
