2. The mission of TNOYS is to strengthen, support, and protect critical services for Texas youth and their families in order to ensure their success.

3. TNOYS members share a vision of Texas where all youth are valued, their strengths are recognized, and they have access to the resources, support, and opportunities they need to thrive.

4. STRATEGIC PRIORITIES Investment in Prevention and Early Intervention
A Full Continuum of High Quality Foster Care Services
Services and Supports for Young People who are Homeless
Support through the Transition to Adulthood
Trauma Informed Care
Collaboration with Youth

5. Our work is guided by a comprehensive systems change approach:
TNOYS APPROACH
Our work is guided by a comprehensive systems change approach:

6. M.D. vs Abbott The constitutionality of texas’ child welfare system
Katherine Barillas, Ph.D., Director of Child Welfare
Texas Network of Youth Services

7. Original Compliant Filed
2011
March
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Original Compliant Filed

8. 2013
August
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Class Certified

9. 2013
November
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Appeal Denied

10. 2015
December
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Court Verdict

11. Stay Denied & Special Masters Appointed
2016
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Stay Denied & Special Masters Appointed

12. Special Masters Recommendations
2016
November
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Special Masters Recommendations

13. 2016 - Child welfare at the center of attention

14. 2017
January
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Interim Order

15. 85th Legislative session
Legislature feels privatization is moving at a snail’s pace
Providence contract failed 8/2014
ACH accepted 1st placement in 9/2014
1/2017 – no other contracts in play
Need to do something before the court does it for us
Legislature frustrated because they believe they’ve given the state the funding & policies needed for positive outcomes

16. Legislature’s perspective
“Your agency gets a total of $3.8 billion. If I had my way, I would put all $3.8 billion into finding these kids and protecting them ... If we don’t do that, what else is important?” – Senator Jane Nelson
“…Sen. Charles Schwertner, R-Georgetown, chairman of the Senate Health and Human Services Committee and chairman of the Senate Finance Committee’s workgroup on Child Protective Services, expressed skepticism that more caseworkers would help”
“Why do we need to appropriate for more caseworkers when we should be retaining the ones we have?” Schwertner said.

17. Legislative change
$142m and FTEs in 12/16 for new hires and raises
SB 11 – Community Based Care
SB 1758 – youth transitioning out of foster care
HB 7 – group homes

18. 2018
January
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Final Order - Special Masters Appointed as Monitors
State Appeals to 5th Circuit & Stay is Granted

19. Children’s rights lawsuit
“State’s long history of conducting and commissioning studies without any measurable improvement to the well-being of children in foster care belies their argument that they have plans in place to address the constitutional deficiencies”
“….about practice not just policy”
– Judge Jack; interim order

20. Children’s rights lawsuit Final order
Policy & practice
Ensure that characteristic of a child as survivors or offenders of sexual abuse is clearly identified
Ensure children who meet these characteristics are in single child placements (w/ exception)
Develop policies on child-on-child SXAB
/Resource_Guides/Child_Sexual_Aggressio n_Resource_Guide.pdf

21. Children’s rights lawsuit Final order
Policy & practice
Prevention
FCO Outreach
RCCL operations
DFPS has a 24hr reporting hotline
Foster care ombudsman (2yrs) takes reports only from children & youth in foster care
Dedicated Intake line
RCCL investigation timelines match CPS
Maintain 24hr hotline – landline with direct connect
Ensure investigations are commenced and completed on time

22. Children’s rights lawsuit Final order
Policy & practice
Capped caseloads (14-17) & track on a child-only basis
Eliminate use of I See You Workers (must be primary)
RCCL investigators must see children in the same time frame as regular investigators
I See You Workers are “courtesy” staff who “check” on child
RCCL’s timelines and definitions of maltreatment aligned with CPS (85th)

23. Children’s rights lawsuit Final order
Policy & practice
DFPS shall request an AAL
Plan to ensure reimbursement to AAL in those courts that don’t currently provide AAL; if no plan then DFPS shall reimburse fees
County funded
Required 3hr training/equivalent experience & visit with child “in sufficient time before the hearing”
Attorney time, compensation & duration of appointment
Variation in appointment, capacity and training requirements (+ 3hrs)

24. Children’s rights lawsuit Final order
Policy & practice
Upon turning 16, shall receive copies of their birth certificate and SS card
Prior to aging out of care, youth should receive copies of birth certificate, SS card, current HS transcript, copy of last physical health examination, immunization record and identifying info needed for Medicaid
DFPS needs to ID youth’s plan for safekeeping docs
Law has document requirement
SB 1758 (85-R) requires courts to verify this has taken place before youth ages out

25. Children’s rights lawsuit Final order
Policy & practice
Start PAL services at 14 and make disability accommodations
Life skills assessment within 45 days of turning 14 and reassessed annually
COS/TPM within 45 days of turning 14 and then every 4mo
Plan for facilitating sealing/expunging child’s criminal/juvenile record
Ensure driver’s ed provided
Ensure plan to provide youth 16+ a plan for stable housing upon exit from care
PAL services can start at 14 if in PMC; classes start at 16
SB 1758 requires life skills assessment at 14, update occurs through service plan
COS/TPM offered to youth 16+; happens annually
Under 18 & DL – need adult signature and submission of other docs; can get fee waiver
Transition plan requires who, length, what’s expected, conflict resolution, rental app

26. Conservatorship worker, Regional PAL staff, PAL contractor all responsible for various aspects of youth’s care CPA and caregiver responsibilities not tracked or trained for PAL classes (6 areas – total 30hrs)

27. Quality of and follow up to COS/FTM Expectation to serve “special populations” but no guidance to do this For DL need signature under 18 and documents – who pays for insurance? Housing plan required, but options are scarce Need support to access medical care

28. Children’s rights lawsuit Final order
Policy & practice
Make every effort to obtain and make available a child’s med record
Ensure medical home
Developmental assessment within 90 days of birthday
Electronic record has internal flags for follow ups, assessments/screenings needed, evaluations, immunizations
STAR Health – Health Passport
3 in 30
CANS within 45 days and then yearly (90 days for kids in therapeutic care

29. Health Passport is mostly claims information
Medical realities
Health Passport is mostly claims information
CPS staff and clinical service providers don’t enter information or not in a timely fashion
3 in 30 meant to catch serious health concerns – concerns re: capacity & trauma
MCO notification of PCP and specialists depends on communication and timing

30. Children’s rights lawsuit Final order
Policy & practice changes from the 85th
Family-like: kinship, tribal, foster care & therapeutic care
All kids (13 and under) in family like settings in different time frames (exceptions)
No PMC children in placement with more than 6 kids
Over two year period, all children (with some exceptions) will be in a family-like home.
No more group homes (7-12) without 24hr supervision
Cottage homes:
not more than 6 children
No placement of kids 6 & under (best interest)
part of “least restrictive” array
6 kid limit in homes with some exceptions

31. Advocacy, collaboration, funding
IMPACT
General
TCCWB
Advocacy, collaboration, funding
Great amount of money being spent to defend lawsuit and pay special masters
Forced to prioritize certain problems
Some recommendations don’t hit the source of the problem:
24hr hotline
Require DFPS to request/pay for AAL
Labeling survivors/aggressors
Stable housing plan
Legislature could be on the hook for a lot of money
Youth aging out of foster care
Experiential learning
Starting early
Housing
Outreach of the FCO
Support of kinship homes

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