A Tale of 2 Systems: Monitors' Report Underscores Need for Community-Based Child Welfare Reform
For the good of our most vulnerable children, it's time for Texas to fully discard the old system and step boldly into a future where Texans, not a distant bureaucracy, take care of their own.
July 01, 2020 at 06:04 PM
5 minute read
Monitors appointed by a federal judge in connection with an ongoing lawsuit over dangerous conditions in the Texas child welfare system released a new report on the state's progress in reforming the system. The 363-page report recounts the apparent failure of the Department of Family and Protective Services to make the structural and operational changes necessary to alleviate the unreasonable risk of harm faced by children in its care.
The report makes one thing clear: The time for delays and half-measures in reforming the Texas child welfare system has passed.
In many ways, the current state of child welfare in Texas is a tale of two systems. One is the old, government-run system that created the problems cited in the lawsuit. The other is the new, community-based system that is working to address the failures of the old by empowering local communities to take a leading role in caring for children.
The lawsuit giving rise to the new report was filed in 2011 on behalf of a subset of the foster children who are in the permanent care of DFPS. It alleged that the department's policies and practices exposed children to an unreasonable risk of harm while in the state's care. This risk was particularly high for children paced in highly structured congregate care facilities. In 2015, a federal judge agreed, concluding that Texas children "almost uniformly leave custody more damaged than when they entered," and ordering the department to take remedial action.
Responding to the deficiencies highlighted by the court's ruling, the 85th Legislature enacted a number of reforms aimed at fixing the system and spent an additional $500 million to hire and retain caseworkers. The Legislature also recognized that a major part of the problem was structural. In a state as large and diverse as Texas, a massive centralized bureaucracy simply cannot adequately respond to the needs of children.
In light of this reality, the Legislature set in motion a fundamental overhaul of the system through a new model known as community-based care. This new model solves the problem of bureaucratic and geographic distance between children and decision-makers in Austin by expanding opportunities for local private and nonprofit charities to care for and manage the cases of children in foster care in their region. Since 2017, community-based care has been rolled out in four regions of the state and is serving approximately 3,000 children, roughly 6% of the total foster care population.
Although implementation of community-based care is still in its early stages, data shows that it is doing exactly what it was intended to do: address the failures of the old, state-run system and improve outcomes for children. The most recent performance report shows that across all community-based care regions, 100% of children are safe in their foster care placements. Additionally, the model shows success in reducing reliance on institutional placements. In one region, local innovation led to a 55% decrease in emergency shelter utilization and a 17.5% decrease in placements of children in residential facilities over the course of just one year. This means more foster children are being placed with families rather than in institutions.
While the Legislature's community-based reforms are helping right the ship, the monitors' report shows that Texas still has a long way to go. Over the course of a 10-month investigation, monitors found that continued deficiencies in DFPS's handling of abuse and neglect investigations, inconsistent oversight and enforcement practices, and a flawed data management system contributed to a "disjointed and dangerous child protection system."
These findings, while deeply troubling, are helping bring about much-needed transparency and revealing what's working and where additional reforms are needed. It's clear that transferring responsibility for caring for children in foster care to local communities through community-based care was the right move. When the Legislature reconvenes in January, it should commit to ensuring that these effective reforms are fully implemented statewide by 2025. In addition, lawmakers must restructure the centralized DFPS bureaucracy and dramatically reduce its size. Finally, the Legislature should demand greater accountability of the department and its leadership through independent, third-party oversight of agency practices and the efficiency of its operations.
For the good of our most vulnerable children, it's time for Texas to fully discard the old system and step boldly into a future where Texans, not a distant bureaucracy, take care of their own.
Andrew Brown is a distinguished senior fellow of child and family policy at the Texas Public Policy Foundation. He has dedicated his career to serving vulnerable children and strengthening families through community-focused, liberty-minded solutions. As an attorney, he has represented children in the child welfare system, advocated for the rights of parents, and helped build families through domestic and international adoption.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPaxton's 2024 Agenda: Immigration, Climate, Transgender Issues, Social Media, Abortion, Elections
9 minute read11 Red State AGs Demand Damages in Antitrust Lawsuit Shaming ESG Climate Investors
3 minute readTrending Stories
- 1Former President of New York State Bar, and the New York Bar Foundation, Dies As He Entered 70th Year as Attorney
- 2Legal Advocates in Uproar Upon Release of Footage Showing CO's Beat Black Inmate Before His Death
- 3Longtime Baker & Hostetler Partner, Former White House Counsel David Rivkin Dies at 68
- 4Court System Seeks Public Comment on E-Filing for Annual Report
- 5Foreign-Company Lobbyists Would Need to Register Under Proposed DOJ Regulation
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250