Presentation to (((Funder))) by (((Judge Name))) (((Date))) Introduction to Legal Representation in CPS Cases

What is CPS? CPS = “Child Protective Services” CPS is a Division of the State Agency “DFPS” (TX Department of Family and Protective Services)

CPS BASICS – WHAT IS “CPS”?  CPS is required by the State of Texas to investigate reports of abuse and neglect of children. It also:  Provides services to children and families in their own homes;  Places children in foster care;  Provides services to help youth in foster care make the transition to adulthood; and  Places children in adoptive homes (DFPS Website)

What Obligations do CPS Cases place on the Courts and on our County? 1

CPS must file a LAWSUIT in cases where it believes it is necessary to protect a child through legal action such as by: CPS Lawsuits -removing child from parents; -placing child in foster care; -obtaining legal guardianship of child; -terminating parents’ rights; or -obtaining court orders to require parents to complete services for the safety of children.

Obligation to Handle CPS Lawsuits  Judges don’t make the law.  Judges don’t control the filing of CPS cases.  Judges take an Oath to uphold and enforce the law.

SOME FEDERAL LAW:  U.S. Constitution and case law on Constitutional Rights  Child Abuse Prevention and Treatment Act (CAPTA) and Titles IV-B and IV-E of the Federal Social Security Act.  Federal Gov’t conducts CFSR audits to ensure compliance.  Federal funding could be denied if fail to comply.

SOME STATE LAW:  Texas Family Code: Title 5 - Ch. 107, 161,  Obligations to Hold Hearings and Trials by Statutory Deadlines.  Obligations to Appoint Attorneys to Represent Indigent Parents and Children in CPS cases.  Must pay attorneys’ “reasonable fees & expenses” from “the general funds of the county”. (TFC Sec )

9 Case Outcome Case is Filed Automated Appointment Process by Rotation System Appointed Attorney Advocates for Life of the Case (up to 18 years for PMC) Determination of Indigence Attorney Bills Hourly Throughout Life of Case Re-Unification Foster Care/PMC Life of a CPS Appointment Adoption

Sample Statutory CPS Hearings (at # days in – Where TMC at Ex Parte) Ex Parte/ Show Cause Hrg 0 Days Full Adversary Hrg 14 Days Status Hrg 60 Days Initial Perm. Hrg 180 Perm. Hrg Every 120 Trial on Merits One year Perm Hrg After Final Order 90 days after Final Order Perm Hrg After Final Order Every 180 days Extende d Foster Care Reviews Every 180 days Final Order

11 CPS hrgs involve many individuals

Conflicts in CPS Cases  Conflicts of Interest are COMMON and may increase the number of attorneys that must be appointed in a CPS case:  Legal Reasons (ie. In re BLD, 113 SW3d 340, 347 (Tex.2003))  Professional Licensure Reasons (ie. TX Disciplinary Rules )  This may be true for Sibling Children and/or Parents in a case.  (i.e. - Domestic Violence and Criminal Cases may have increased potential for conflicts.)

Factors that may affect Funding  Commissioners should be aware that we may see an increase in funding for CPS attorneys due to:  Federal Court case – M.D., bnf Stukenberg, et. al. vs. Greg Abbot, et. al. (US. District Court Southern District of Texas, Corpus Christi Division – 2:11-CV-84) MANDATES that all children in the PMC of the Department have an attorney ad litem.  Increased Funding for Investigation caseworkers Tends to bring more cases into the system.

General CPS Numbers / Case Trends in our County 2

Legal CPS Cases  “TMC Cases” child is in temporary managing conservatorship of DFPS. (before a final order on merits) (How many Children / Cases ?)  “PMC Cases” child is in the permanent managing conservatorship of DFPS. (after entry of a final order in which DFPS is awarded conservatorship) (How many Children / Cases ?)  “COS Cases” Orders for Child Safety (How many Children / Cases ?)

16 Child Protective Services Hearings CPS Hearings (((% Increase)))  CPS hearings have increased by (((_____%))) since (((Date))).

# of Children in CPS Cases 17

18 # of CPS Hearings

Who Provides Legal Representation? 3

- Appointment List - Private Hourly attorneys paid $X/hour or by appearance -Private Contract Attorneys -Public Parent Defender Office -Child Public Defender Office -Law School Clinic Types of Appointed Attorneys

21 Civil Appointments (FY 2009 – FY 2016 ).

22 Expenditures by Year All Others = Cite-By-Publications, Appeals, Non-Family, Contempt and Protective Orders.

23 Average Cost per Case By Fiscal Year (2009 – 2016) Note: Disposed Cases Only.

Cost per Assignment 24 OPROCR Average Cost per Assignment$3,885$4,176

What is Needed? 4

Budget Recommendations  (((Explain Specific Budget Proposals – What exactly are you seeking from County Commissioners?)))

Mediation  Less Litigious way of resolving cases  Empowers the family to make decisions themselves rather than having one imposed on them by the court;  Cost Effective way of Resolving Cases – reduces court costs, attorney fees. etc Univ. of Texas study showed use of mediation by Travis County saved up to $1,494,696 annually from 2009 to 2014, in savings to both county and state.

? Questions? (((Judge Name Contact Info)))