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10/13/08
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New Federal Law Strengthens Requirements That Sex Offenders Register Their Email Addresses
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On October 13, 2008, President Bush signed the Keeping the Internet Devoid of Sexual Predators Act of 2008 (KIDS Act of 2008). The law requires the U.S. Attorney General to maintain, in the National Sex Offender Registry, all Internet identifiers for sex offenders. Identifiers include email addresses and other methods of Internet identification. Identifiers will not be publicly disclosed; however, social networking sites will have secure access to compare information in the registry with their users and are subject to penalties for misuse of the information. The AG must also notify sex offenders of the new requirements for providing their Internet identification.
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10/07/08
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New Federal Law Overhauls Child Welfare System
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On October 7, 2008, President Bush signed the Fostering Connections to Success and Increasing Adoptions Act of 2008, which addresses educational stability for foster children, including requiring states to ensure that foster children remain in their original school unless not in the child's best interest; possible waiver of non-safety related licensing standards for relatives; foster care payments after age 18; transition for children aging out of foster care; training for agencies, relatives and court personnel; oversight of health care services; sibling placement; tribal programs; and special needs adoptions. State, local or tribal child welfare agencies, as well as nonprofit organizations, may receive matching grants from the U.S. Department of Health and Human Services, with the goal of assisting children in foster care to reconnect with family members.
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09/22/08
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TDFPS Releases Report on Program to Increase Kinship Care Placements
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On September 22, 2008, the Texas Department of Family and Protective Services' Accountability Division of Child Protective Services issued a report evaluating its kinship care initiative. Following federal legislation requiring states to give preference to foster children's placements with relatives, Texas began pilot programs in several counties to increase the number of children in kinship care. In 2005, the Texas Legislature enacted the Family Focus Initiative of Child Protective Services, which increased financial support and services to relatives who accepted placements. This evaluation shows a substantial increase in the number of relative placements and increased positive outcomes for such children. The report notes two possible explanations for these findings: (1) that relative placements bestow positive benefits compared to foster care or (2) that the children who go into relative placements are younger and have fewer special needs. The report states that further study is needed to determine the impact of these factors and to determine the effect of increased financial assistance to the caregivers. Click here to view the report.
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09/10/08
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New Association for Child Protection Judges Forms
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A group of Texas judges has recently formed a new association, the Texas Association of Child Protection Judges. Judges Robin Sage and Carole Clark were elected as co-presidents for this first year. This group is designed to offer judges who hear CPS cases support, information, and a connection with other judges. Membership is open to any judge or associate judge who handles child abuse and neglect cases. The members of this association will be using several of TLC's new secure, private communication tools to discuss key topics in handling CPS cases.Click here to view Judge Sage's invitation to join this important new association.
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08/22/08
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TDFPS Issues Advisory to All CPS Personnel on Removal, Transporation, and Home Entry in Response to Gates Decision
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On August 22, 2008, Texas Department of Family and Protective Services Commissioner Carey Cockerell and Assistant Commissioner for Child Protective Services Joyce James, through General Counsel Gerry Williams, issued an "Urgent Legal Advisory for Investigations" to all CPS personnel. The Advisory is in response to the decision handed down July 28 by the Fifth Circuit Court of Appeals in Gates v. TDPRS, et al. To read the Fifth Circuit's decision, click here. The Advisory sets out new practices for emergency removals of children, transportation of children from school, and for entering and remaining in a home. The new practices reflect changes made in response to the Fifth Circuit's definition of "exigent circumstances," which TDFPS considers as having a higher threshold than that currently utilized by CPS. The advisory lists factors to weigh when removal, transportation, or home entry are considered; questions investigators should ask themselves before taking action; and case examples to illustrate the new practices. The Advisory directs all personnel to put the new standards and practices into effect immediately until the agency issues revised policies and procedures. Click here to read the Advisory.
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08/18/08
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Hon. Scott McCown (Ret.) Will Discuss the Fifth Circuit's Recent Opinion on the Fourth Amendment's Application to CPS Investigations at the Upcoming CPS Judicial Conference
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Hon. Scott McCown (Ret.) will discuss the Fifth Circuit Court of Appeals' recent opinion in Gates v. TDPRS, No. 06-20763, concerning the Fourth Amendment's application to CPS investigations, and the opinion's possible ramifications at the upcoming CPS Judicial Conference. The conference is open to judges only and will be conducted August 25-27, 2008, at the Sheraton Austin Hotel in Austin, Texas. It is sponsored by the Texas Center for the Judiciary and funded by a grant from the Texas Supreme Court's Judicial Commission for Children, Youth and Families. For registration information, call the Texas Center for the Judiciary at 512-482-8986.
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08/11/08
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State Bar Committee on Child Abuse and Neglect Names Charles Childress as Winner of Its Annual Fairy Davenport Rutland Award for Distinguished Service to Children and Families
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The State Bar Committee on Child Abuse and Neglect honored Charles Childress as the recipient of its annual Fairy Davenport Rutland Award for Distinguished Service to Children and Families. The award is named after Ms. Rutland in recognition of her exceptional leadership as a founding member and chair of the Committee for over 20 years and her continuing dedication and many contributions to the field of child welfare. The award was presented to Professor Childress at the Advanced Family Law Course. Professor Childress has made significant and numerous contributions to the field of child advocacy, having served as Co-Director of the Children's Rights Clinic at the University of Texas School of Law, Senior Attorney at the Department of Family and Protective Services, and Chief Staff Attorney for the Fourth Court of Appeals, to name a few. He was instrumental in the passage of landmark legislation that limits children's time in foster care and was named outstanding legislative liaison for the 2001 legislative session by the DFPS Office of General Counsel. Click here to view the letter nominating Professor Childress for this prestigious award.
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08/01/08
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Texas Access to Justice Foundation Is Administering Reimbursements to Pro Bono Children's Attorneys in FLDS Case
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The Texas Access to Justice Foundation (TAJF) is administering donated funds, mostly from the Texas Bar Foundation, to distribute a nominal amount of reimbursement to attorneys providing pro bono representation of children in the FLDS case. This small pool of funds will be used to help defer some of the travel and litigation expenses that will not otherwise be reimbursed by the county, a law firm, or a client, and is available to attorneys whose representation has resulted in a financial hardship. The amount of reimbursement will depend on the number of requests submitted. The deadline for submitting requests is August 29, 2008.
Click here to download the request form.
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07/28/08
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Fifth Circuit Court of Appeals Delineates How Fourth Amendment Applies to Department's Entry into Home and Removal of Children from Home and from School
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On July 28, 2008, the Fifth Circuit Court of Appeals issued its decision affirming a district court's granting of summary judgment to governmental defendants in Gates v. TDPRS, No. 06-20763. In a lengthy opinion, the Court examined the constitutionality of the Department's entry into and removal of children from a home and from school without a court order. Concluding that the law concerning how the Fourth Amendment standards would be applied in a CPS investigation was not clearly established at the time of the entry and removal, the Court then delineated the parameters and stated in its final summary that the law is now clearly established. The Court examined at length the issues of consent, exigent circumstances, and the "special needs" doctrine, and concluded that since the law concerning the "special needs" doctrine was not clearly established at the time, the government actors could have reasonably believed that it did apply and were, therefore, entitled to qualified immunity. Other issues addressed included due process rights, supervisory liability, governmental liability under § 1983 and Texas Constitution issues. Click here to read the opinion.
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06/25/08
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U.S. Supreme Court Rules Death Penalty for Child Rape Is Not Proportional Punishment
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On June 25, 2008, the U. S. Supreme Court issued an opinion holding that convicted child rapists cannot be sentenced to death. In a 5 to 4 decision, the Court said that "the death penalty is not a proportional punishment for the rape of a child." The case, Kennedy v. Louisiana, invalidated a Louisiana law. Texas has a similar law, but it applies only to repeat offenders and when victims are younger than 14. Texas legislators fortuitously included a provision that persons convicted under the law would receive a sentence of life without parole in the event the Court rejected the death penalty. In its ruling, the Court left open the issue of use of the death penalty for crimes against the state (as opposed to crimes against individuals), such as "treason, espionage, terrorism, and drug kingpin activity."
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06/25/08
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US Supreme Court Holds Deceased Domestic Violence Victim's Statement Inadmissible
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On June 25, 2008, the United States Supreme Court reversed the California Supreme Court's ruling in Giles v. California, 2008 U.S. LEXIS 5264 (2008), and held that a criminal defendant did not forfeit his Sixth Amendment right to confront a witness because he murdered the victim-witness. Giles was convicted of first degree murder of his girlfriend, and evidence against him included the girlfriend's statement to police three weeks earlier that he had choked her and had threatened to slash her with a knife. Giles pled self defense. The Court rejected the state's argument that a defendant forfeits his right to object to admission of evidence on confrontation grounds when he commits a wrongful act that renders a witness unavailable. The state had to show, but did not, that Giles intended to prevent the victim from testifying when he murdered her.
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06/02/08
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Judge Walther Orders Return of Children but Puts Safeguards in Place
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On June 2, 2008, Hon. Barbara Walther, Judge of the 51st District Court of Schleicher County, signed an order pursuant to order of the Texas Supreme Court and the Third Court of Appeals. Judge Walther's order vacated her prior designation of the Texas Department of Family and Protective Services as temporary sole managing conservator of the children removed from the YFZ Ranch, home to members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Judge Walther's order also required that the children be returned to parents, managing conservators, or legal guardians (collectively "caretakers"). Each person receiving possession of a child is to provide a fingerprint and have a photo taken. Caretakers must take parenting classes and are ordered not to remove the children from Texas. The Department's investigation is to continue, with the Department's having access to the residence of each child for unannounced home visits. To read the entire order, click here.
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05/29/08
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Texas Supreme Court Says Removal of FLDS Children Was Unwarranted
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On May 29, 2008, the Texas Supreme Court denied a petition for writ of mandamus in Cause No. 08-0391, styled In Re Texas Department of Family and Protective Services. The department had requested relief from a Third Court of Appeals order granting a conditional writ of mandamus pursuant to a petition filed by thirty-eight mothers of children the department had removed from the Yearning for Zion ranch. The Supreme Court refused to disturb the opinion of the Court of Appeals and concluded that the removal was not warranted. The opinion applies to approximately 120 of the 468 children removed from the ranch, but, in practical terms, may apply to many of them. To read the opinion, click here. Justices O'Neill, Johnson, and Willett concurred in part and dissented in part. To read the dissenting opinion, click here.
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05/22/08
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Austin Court of Appeals Orders District Court to Vacate Order in FLDS Case
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A three-judge panel of the Third District Court of Appeals has ordered the district court in the FLDS case "to vacate its temporary orders granting sole managing conservatorship of the children of the [38 women who sought a writ of mandamus] to the Department." Click here to view the Memorandum Opinion.
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05/19/08
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US Supreme Court Says Law Criminalizing Offers to Transfer Child Pornography Is Constitutional, Even When Transfer Involves Children or Photos That Do Not Exist
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On May 19, 2008, in U.S. v. Williams, 2008 U.S. Lexis 4314 (2008), the United States Supreme Court ruled that a federal law outlawing pandering of child pornography is constitutional. The case involved a defendant's offer and solicitation of child pornography, including the offer of pictures of a child that did not exist. The Court held that such offers and requests are excluded from First Amendment protection and that the statute's requirement that the defendant act "in a manner that reflects the belief" that the subject of the transfer would be child pornography is not overly broad.
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05/16/08
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Pro Bono Mentors Are Available to Help the Eldorado Children's Attorneys
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Numerous experienced ad litem attorneys, as well as trial attorneys and attorneys from the Appellate Section of the Texas State Bar are now available to help the children's attorneys in the Eldorado FLDS case. To find a pro bono mentor, Eldorado children's attorneys can click on "Resources" on the blue menu bar above to visit the special Eldorado FLDS Compound Case Resources section, or click on "Pro Bono" and then on "Find a Pro Bono Attorney." Experienced ad litems for children, trial attorneys, and appellate attorneys are invited to continue to volunteer to assist the attorneys who are generously donating their time to represent these children---many of whom have limited experience or even no prior experience in serving as an ad litem for a child in a CPS case. It would be very helpful to these volunteers to have access to mentors who are experienced ad litems and trial and appellate attorneys as they work through the complex issues they will face. To volunteer to be a mentor, go to "Pro Bono" on the blue menu bar above and complete the form. Under "Areas of Assistance" check the box for "Eldorado Children" and all other areas that apply, and under "Types of Assistance" you can check "Mentor Another Attorney."
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05/01/08
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Liberty Legal Institute Filed an Amicus Brief in the FLDS Case
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The Liberty Legal Institute ("LLI"), a legal advocacy group for religious freedom and parental rights, filed an amicus brief concerning the FLDS case in the Third District Court of Appeals. LLI argued that although parental rights are afforded the protection of strict scrutiny, they can be overcome by evidence of a finding of sexual exploitation or a threat to health and safety. LLI further argued that substantive analysis of the church autonomy doctrine is unnecessary upon a finding of sexual exploitation or a threat to health or safety. To view the brief, click here.
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04/14/08
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TLC Assisting in Eldorado FLDS Case
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TLC is distributing information and implementing communication services to assist the legal professionals handling the Eldorado FLDS case. Our site now has a special page that shows a consolidated list of resources and tools available to these professionals. TLC is also acquiring additional materials and research and is developing tools specifically for those handling the cases. TLC site users can click on "Resources," then "Eldorado FLDS Compound Case Resources" to see these services. Some services are limited to the attorneys representing the children.
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04/14/08
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TLC Is Seeking Pro Bono Mentors to Help with the Eldorado Case
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Attorneys, here is a chance to help the children of the Eldorado FLDS case. If you have experience in representing children or in trial preparation skills or appellate law, please sign up for TLC's Pro Bono Network. Some of the attorneys who are generously donating their time to represent these children have limited experience or even no prior experience in serving as an ad litem for a child in a CPS case. It would be very helpful to these volunteers to have access to mentors who are experienced ad litems and/or trial and appellate attorneys as they work through the complex issues they will face. To register, go to "Pro Bono" on the blue menu bar above and complete the form. Under "Areas of Assistance" check the box for "Eldorado Children" and all other areas that apply, and under "Types of Assistance" you can check "Mentor Another Attorney."
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03/17/08
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CJE Luncheons with Family Violence/Child Abuse Credit in May
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Anna Salter, Ph.D., an internationally acclaimed expert on sex offenders and victims, will be presenting "Truth, Lies, and Sex Offenders," a 2-hour CJE event which includes a complimentary luncheon. Dr. Salter will present in Fort Worth on Thursday, May 8th and in Dallas on Friday, May 9th. These events are open to any sitting judge, but an RSVP is required. To register, go to "Conferences/CLE" on the blue menu bar above, and click on "TLC's Live Judicial Trainings."
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03/17/08
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Anna Salter, Ph.D., to Present on "Truth, Lies, and Sex Offenders" in Dallas on May 9th
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Internationally acclaimed expert on sex offenders and victims, Anna Salter, Ph.D., will be presenting "Truth, Lies, and Sex Offenders" on Friday morning, May 9th, in Dallas. Dr. Salter received her Ph.D. in Clinical Psychology from Harvard and was the winner of the Significant Achievement Award from the Association for the Treatment of Sexual Abusers. She is the former Director of Child Psychiatry Consultation at Dartmouth Medical School. This compelling presentation provides 2.75 hours of MCLE credit, including .5 of ethics, as well as CEU credit. Space is limited, so register soon! To register, go to "Conferences/CLE" on the blue menu bar above, then click on "TLC's Upcoming Live CLE Programs."
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02/02/08
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CPPP Report Examines Education of Foster Children
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The Center for Public Policy Priorities has examined the reasons foster children have lower test scores, lower graduation rates, less post-secondary education, a higher rate of discipline problems, less extra-curricular involvement, and higher drop-out rates than other students. Some of the reasons are frequent moves in placements and missing school for therapy, medical appointments, and court appearances. In 2008, the federal government's Child and Family Service Review program will study whether Texas is providing appropriate educational services to foster children. CPPP's policy recommendations include increasing collaboration between the foster system and education system, improving data collection by the Texas Department of Family and Protective Services and by the Texas Education Agency, revising the application of DFPS' and TEA's confidentiality rules to foster children, making a child's education portfolio web-based, keeping more children in their home schools, applying the federal homeless education assistance act to foster children, and providing extra funding to schools with large foster care populations. Click here to view the report.
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12/20/07
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TLC's Director to Serve on the Collaborative Council of the Texas Supreme Court's Permanent Judicial Commission for Children, Youth and Families
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Barbara Elias-Perciful, Director of Texas Lawyers for Children, was invited to serve on the Collaborative Council of the Texas Supreme Court's Permanent Judicial Commission for Children, Youth and Families. The Permanent Commission was established to improve court practices for children in the child protection system. The Collaborative Council, a multidisciplinary advisory group, will assist the Commission and provide meaningful input. Council members may serve on committees or participate in special projects of the Commission. Current Commission committees oversee federal court improvement grants and focus on legislation and planning. If you have ideas you would like to have presented to the Commission, please contact Ms. Elias-Perciful at 800-993-5TLC (5852) or TexasLawyersforChildren@yahoo.com.
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12/05/07
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Texas Center for the Judiciary Accepting Applications for Children's Justice Act Grants
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On December 5, the Texas Center for the Judiciary announced it is seeking applications from state agencies, local governments (including courts), nonprofit organizations, and educational institutions for grant funds to be made available from October 1, 2008, through September 30, 2009. The Center administers federal funds allocated to Texas by the Children's Justice Act Project. Texas has a total of $925,000 available for successful applicants. Proposed projects should fit one of the following areas: 1) handling of abuse and neglect cases in a manner that reduces trauma to the child and family and that ensures procedural fairness to the accused; 2) new programs that test innovative approaches and techniques in order to speed resolution of court proceedings and enhance their effectiveness; 3) reform of laws, regulations, and procedures to provide comprehensive protection to children and procedural fairness to all involved. In awarding the grants, the Center will give special consideration to projects addressing child sexual abuse, children with disabilities, child fatalities, and ad litem performance, as well as multi-jurisdictional projects. Applications must be submitted by January 11, 2008. For a complete description of the grants and an application form, click here.
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11/30/07
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Texas Supreme Court's Task Force on Foster Care Awards a Court Improvement Grant to TLC
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TLC is thrilled to report that the Texas Supreme Court's Task Force on Foster Care selected the TLC website as one of the projects to receive a Court Improvement Program grant. Grant recipients are projects identified by the Task Force as those which can improve the court system's handling of child protection cases. In establishing the new Commission on Children, Youth and Families, the Court noted, "As gatekeepers for families in crisis, courts must make life-altering decisions that require knowledge of multiple and complex issues....Too often courts lack the technology, training, and resources needed to make good decisions." We are honored to be included in the group of projects the Task Force considers to be solutions to the problems in our current system.
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11/20/07
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Texas Supreme Court Establishes Permanent Judicial Commission for Children, Youth and Families
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On November 20, the Texas Supreme Court signed orders establishing a new Permanent Judicial Commission for Children, Youth and Families and appointing the Commission's members. TLC proudly congratulates our four Advisory Council members who were appointed to the Commission -- Hon. Patricia Macias, Hon. Cheryl Lee Shannon, Hon. John Specia, and Fairy D. Rutland, J.D. The Commission will serve as the umbrella organization for all efforts to promote court improvement in child protection cases in Texas, with the goal of achieving greater safety, permanence, and well-being for children in foster care. The Court noted, "As gatekeepers for families in crisis, courts must make life-altering decisions that require knowledge of multiple and complex issues....Too often courts lack the technology, training, and resources needed to make good decisions....[J]udicial leadership at the highest level is needed for systemic improvement." Click here to view the order creating the Commission. Click here to view the order appointing the Commission members.
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11/12/07
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ABA Center on Children and the Law Announces Staff Attorney Position for Parents' Attorney in D.C. Office
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The American Bar Association has announced an opening for a staff attorney at its Center on Children and the Law in Washington, D.C. The job posting is from Nov. 9 to Dec. 9, 2007. The position is part of a new project to improve representation for parents involved in the child welfare system. The Center is seeking an experienced attorney who has represented parents and has ideas on how to improve representation and child welfare policy. View the full job announcement here. Please share it with any attorney who would be interested in and qualified for the position.
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11/01/07
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SAMHSA Seeks Proposals To Address Fetal Alcohol Spectrum Disorders
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The U.S. Department of Health and Human Service's Substance Abuse and Mental Health Services Administration (SAMHSA) has announced a request for proposals from juvenile courts and certain other organizations interested in receiving funding and training to address fetal alcohol spectrum disorders. Organizations legally authorized to provide services to dependent youth or adjudicated youth on probation are also eligible. The deadline for proposals is Nov. 29, 2007. Click here to learn more.
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10/08/07
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CPPP Issues Report on Texas' Use of Federal Funds for Child Protection and Foster Care
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The Center for Public Policy Priorities (CPPP) has issued a report detailing the percentage of Texas' child protection spending that comes from various federal programs. The paper discusses each program's spending requirements and recent Congressional changes to the programs. CPPP endorses the recommendations of the Pew Commission on Children in Foster Care that Congress loosen restrictions on federal funding, giving states more flexibility on how the funds are spent. Click here to read the report.
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09/25/07
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Texas Supreme Court Holds Hearing on Creation of a New Commission
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On September 25, 2007, the Supreme Court of Texas considered public comments on creation of a Permanent Judicial Commission for Children, Youth and Families. The Court heard testimony from 30 witnesses familiar with the child protection system, including TLC's director. In summary, Justice Harriet O'Neill said, "The unanimous consensus at the hearing was that a Commission would provide a vehicle for leadership and collaboration among the judiciary, the legislature, state child-welfare agencies, various stakeholders, and the community. Best practices that have been developed in various parts of the state can be shared with others, and data can be gathered to measure progress and quantify the need for resources. Most importantly, real change can be effected that will improve the lives and life chances for Texas children who find themselves in the foster-care system through no fault of their own." Video of the hearing is available on the Court's website by clicking here. To view a transcript of the hearing click here.
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