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10/29/09
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Mother Challenges Law Allowing Parents to Show Children Pornography
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The mother of three young daughters is challenging a law that allows parents to show children pornography. The mother said that the children's father awoke two of the daughters during the night to show them pornography on his computer and that the girls later told a counselor, who reported it to authorities. The DA concluded that he was unable to prosecute the father due to Texas' public-indecency law. To read more about the situation and the conflicting opinions about the law, click here.
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10/28/09
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NCJFCJ Is Providing Scholarships for a Workshop on Designing a Juvenile Drug Court
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From December 1-4, 2009, The National Council of Juvenile and Family Court Judges is sponsoring "Designing Your Juvenile Drug Court," an intensive workshop for juvenile drug court judges and coordinators. Travel and lodging scholarships are available for three members of your team and are awarded on a first come, first served basis. Click here for more information about the workshop and to learn how to apply for a scholarship.
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10/26/09
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Child Sexual Assault Trial Begins Against Raymond Merril Jessop
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On Monday, October 26, in Eldorado, Texas, the first criminal trial against a member of the Eldorado FLDS sect began with jury selection. Raymond Merrill Jessop is accused of sexually assaulting an underage girl whom he allegedly took as his wife. The original jury call affected the small town of Eldorado, causing some offices to close for the day. The pool of potential jurors included members of the FLDS sect. Voir dire began Monday afternoon. Click here to read a local newspaper article about the trial. Click here to read about the impact on the town, and here to read about the status of the jury selection process.
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10/21/09
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Every Child Matters Releases Report Detailing Child Abuse Deaths and Statistics in the United States
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Every Child Matters has determined that from 2001-2007 at least 10,440 children died in the U.S. from child abuse and neglect, more than in any other wealthy nation. Their new report details the number of deaths in each state, the amount of money each state spends to protect children, and the costs of child abuse. Texas ranks number one in child abuse deaths and 44th on per capita spending on child welfare. Click here to read the full report.
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09/29/09
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TLC Launches New Email Network for Family Drug Treatment Courts
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TLC is pleased to announce the launch of a new email network, "Colleague Connection--Drug Court Judges." This secure, private email network is being provided to assist any Texas judge presiding over a family drug treatment court and judges who are considering developing a family drug treatment court. Judges can seek colleagues' expertise on questions of interest and discuss best practices in drug court issues and policies. Participation is strictly limited to active Texas judges. TLC thanks Hon. Gil Jones for graciously agreeing to serve as the moderator for this email network. To enroll, judges who are already registered for the TLC website's services can simply go to "Communication Tools" on the blue menu bar above; then click on "Colleague Connection Email Networks" on the resulting drop-down. You will then be able to click on "Join list" for Colleague Connection--Drug Court Judges. Be sure to enroll today so you don't miss out on the first messages! You are always welcome to call TLC's Help Desk at 800-993-5TLC (5852) if you have any questions regarding signing up for this new, free service. For more information about family drug treatment courts, please see Section 264.801 of the Texas Family Code.
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09/22/09
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TLC, TYLA, and the State Bar's Committee on Child Abuse and Neglect Are Recruiting Pro Bono Attorneys to Help in Your Cases
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TLC is pleased to announce that the Texas Young Lawyers Association (TYLA) and the State Bar's Committee on
Child Abuse and Neglect have joined forces with TLC to recruit pro bono attorneys to assist in child abuse cases. Pro bono attorneys are available to assist you with issues that arise that may be outside your area of expertise, such as disability issues, SSI benefits, and immigration law. Attorneys with less experience can even find mentors to help with the child abuse case itself or with matters such as trial skills or preparation and appellate issues. Volunteers are also willing to serve as pro bono advocates for children/youth growing up in the permanent managing conservatorship (PMC) of the state. In counties that provide court-appointed counsel but have children placed out of county, the child's appointed attorney can locate pro bono co-counsel in the county where the child is placed to assist in meeting with the child and his/her service providers. Appointed attorneys can find potential pro bono co-counsel in other counties by checking the list in the Pro Bono section of the TLC website and asking the court to appoint the co-counsel. In counties that do not appoint attorneys or CASA as advocates for children in the PMC of the state, judges may contact TLC and request a list of volunteer attorneys available in that county. Our purpose is to fill any void in representation and not to displace court-appointed advocates already filling this need. To volunteer for the Pro Bono Network, to learn more about the Pro Bono PMC project, or to find a volunteer to assist you in your cases, please go to "Pro Bono" on the blue menu bar above. The October 2009 issue of the Texas Bar Journal includes an article about the PMC pro bono project. Click here to read the article.
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08/11/09
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Charles Childress' Comprehensive Legislative Update Is Available Here
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Charles Childress, a contributor and commentator for Sampson and Tindall's Texas Family Code Annotated, has graciously provided TLC with his compilation of the 2009 legislative changes of interest to judges and attorneys handling child protective services cases and child support matters. This legislative update provides a comprehensive report of substantive changes to the Texas Family Code made in the 81st legislative session, as well as changes to other statutes of interest. TLC is delighted that Mr. Childress joined TLC's team of attorneys as a Consulting Attorney this spring. Click here to view the legislative update.
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08/03/09
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Committee on Child Abuse and Neglect Honors Richard Lavallo with Fairy Davenport Rutland Award
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The State Bar's Committee on Child Abuse and Neglect (the "Child Abuse Committee") honored Richard Lavallo 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 current Chair of the Child Abuse Committee, Barbara Elias-Perciful, presented the award to Mr. Lavallo at the Advanced Family Law Course in August. Mr. Lavallo is the Legal Director of Advocacy, Inc. He has devoted his career of over 20 twenty years to serving people with disabilities and those who live in poverty and has enforced children's rights in numerous contexts. Click here to read the nomination letter. Click here to see a picture of the award presentation.
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08/01/09
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TLC's Director Receives ABA's National Child Advocacy Award
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TLC's Director, Barbara Elias-Perciful, was honored by the American Bar Association's Young Lawyers Division as the Distinguished Lawyer Recipient of the 2009 Child Advocacy Award for her service on behalf of abused and neglected children. This prestigous award is based on an individual's personal achievements and impact in helping abused and neglected children. Ms. Elias-Perciful was presented with the award at a ceremony during the ABA's annual meeting in Chicago this August. Click here to view the ABA's announcement of the award. Click here for more details.
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07/16/09
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Center for Public Policy Priorities Issues Paper on New Legislation Impacting CPS
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The Center for Public Policy Priorities ("CPPP") has released a paper discussing new legislation impacting Child Protective Services, which was enacted in the 81st Legislative Session. CPPP also provides its recommendations for next steps following this legislation. Click here to view the paper.
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07/01/09
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Update on New Legislation Concerning Child Abuse and Neglect Is Now Available Here
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Sandra Hachem, Co-Chair of the Subcomittee on Legislation for the State Bar's Committee on Child Abuse and Neglect, has graciously provided TLC with her compilation of the latest updates of legislation concerning child abuse and neglect. Click here to view Ms. Hachem's update on legislation from the 81st Legislative Session.
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06/29/09
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Center for Public Policy Priorities Issues a Policy Paper on Implications of the Gates Case
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The Center for Public Policy Priorities has released a policy paper discussing the impact of the Gates decision on Child Protective Services and making recommendations for judges and CPS. The paper states that, in practice, the Gates definition of "exigent circumstances" necessary to enter or remain in a home, transport a child for an interview, or remove a child from a parent's custody may be stricter than pre-Gates. Since the time of the Gates decision, the proportion of children interviewed at children's advocacy centers has decreased noticeably; the proportion of cases with a "ruled out" designation has increased; and a smaller proportion of cases have been opened for services. Also, removals have dropped significantly. To read the full report and recommendations, please click here.
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06/25/09
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U.S. Supreme Court Finds that a Strip Search by Arizona School Officials Was Illegal
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On June 25, 2009, the U.S. Supreme Court ruled that Arizona school officials violated the Fourth Amendment's ban on unreasonable searches when they strip searched a teenage girl to try to find prescription-strength ibuprofen. In the 8-1 opinion, the Court held that the school's searches of the girl's backpack and outer clothes were permissible but that the school officials acted illegally when they asked to search her underwear. Justice David Souter wrote that there was no indication that the girl posed a danger to the other students, and there was no indication that the pills were in her underwear. Additionally, the Supreme Court ruled that the school officials in this case are immune from liability, but the Court remanded for consideration whether the school district is liable to the student. To read the opinion, please click here.
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06/19/09
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Gov. Perry Vetoes SB 1440
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On June 19, 2009, Governor Rick Perry vetoed SB 1440, despite the fact that it had passed unanimously in both the House and the Senate. This bill set forth a procedure for Child Protective Services to obtain a civil warrant for investigating child abuse and neglect. To read Governor Perry's veto statement on SB 1440, please click here.
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04/01/09
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Charles Childress Has Joined TLC's Team as a Consulting Attorney
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TLC is delighted to announce that Charles Childress has joined TLC's team of attorneys as a Consulting Attorney. Mr. 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 serves as a contributor and commentator for Sampson and Tindall's Texas Family Code Annotated. 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. Mr. Childress has devoted his career to serving children and families and was the 2008 recipient of the Fairy Davenport Rutland Award for Distinguished Service to Children and Families, given by the Texas State Bar's Committee on Child Abuse and Neglect. .Click here to read Mr. Childress' resume.
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04/01/09
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Go Blue to End Child Abuse and Neglect!
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On Wednesday, April 8, TDFPS is encouraging all businesses, organizations, agencies, and individuals throughout Texas to wear blue to end child abuse and neglect. You can raise awareness by wearing a blue shirt, posting "Keep Kids Safe" and "Stop Child Abuse" signs, wearing blue lapel ribbons, and encouraging others to do the same. Let's all wear blue to help end child abuse and neglect! Please contact TDFPS for more information.
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03/10/09
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House Committee on Human Services Hears Testimony on CPS
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On March 10, 2009, the House Committee on Human Services heard invited testimony related to Child Protective Services. Click here to view a report of the testimony.
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03/02/09
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New Resource Answers Questions about the Fostering Connections to Success and Increasing Adoptions Act of 2008
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Prepared by over fifteen organizations, including the Children's Defense Fund and the ABA Center on Children and the Law, New Help for Children Raised by Grandparents and Other Relatives: Questions and Answers About the Fostering Connections to Success and Increasing Adoptions Act of 2008 provides information, in a question and answer format, about the new act and methods for implementing the improvements for children being raised by grandparents and relatives. The Guide also provides an implementation chronology and a list of selected resources. Please click here to read the article.
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02/28/09
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State Bar's Committee on Child Abuse and Neglect Shares Its Summaries of Pending Legislation
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The Subcommittee on Legislation of the State Bar's Committee on Child Abuse and Neglect (the "Committee") prepares summaries of pending legislation relating to child abuse and neglect. These summaries include comments where there are items of possible concern. TLC thanks the Committee for allowing us to share these summaries with our users. Please note that the comments do not reflect the official position of the Committee or of TLC. To view the summaries of key bills filed through February 28, 2009, click here.
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02/17/09
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The State Bar's Committee on Child Abuse and Neglect Seeks Nominations for Its Annual Fairy Davenport Rutland Award for Distinguished Service to Children and Families
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The State Bar's Committee on Child Abuse and Neglect is seeking nominations for 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 honors an attorney who has made a substantial contribution to the field of advocacy for abused and neglected children. The deadline for nominations is April 1, 2009.
Click here to view the nomination form.
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02/12/09
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U.S. Court of Federal Claims Decides Autism Case
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On February 12, 2009, the U.S. Court of Federal Claims determined, in three cases, that thimerosal-containing vaccinations do not contribute to immune dysfunction and that the MMR vaccine does not contribute to either autism or gastrointestinal dysfunction. To read the opinions, please click here.
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02/04/09
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CPPP Issues Paper on Caseworker Turnover within CPS
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Children need stability and consistency in their lives, especially those in the child welfare system. Thus, the Center for Public Policy Priorities has issued a paper analyzing the high turnover rate within Texas' Child Protective Services, citing contributing factors such as the hiring process, recruiting issues, supervisor effectiveness, and failure to engage workers at the outset. The paper makes recommendations about how turnover can be reduced, such as a hiring process which includes supervisors, establising pay parity among the units, and reducing caseloads to a manageable level. Click here to read the paper.
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01/06/09
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Texas Children Trail Nation's Youth
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According to a recent report by Texans Care for Children, Texas has yet to increase its national ranking on several child welfare issues. Texas children lag behind others in the country in the areas of health, economic security, and safety. Texas ranked last among states in health insurance coverage for teens, teen pregnancy prevention, and adults who complete high school. Infant mortality rates have increased, and Texas is ranked 45 of 50 states in deaths due to child abuse and neglect. More children are repeating earlier grades. On a positive note, Texas increased its ranking for child support collection and childhood vaccinations. Click here
to read the press release. Click here
to read the full report.
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12/22/08
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DFPS Releases Report on the Eldorado Investigation and Defends Its Actions
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On December 22, 2008, the Texas Department of Family and Protective Services released a report on its investigation of the FLDS compound in Eldorado. Sixty-two percent of the families investigated had a confirmed finding of abuse or neglect, with 124 perpetrators. The report documents DFPS's actions in the case, the need for the investigation, the services offered, the results, and the costs of the investigation. To read the full report, please click here.
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12/17/08
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Human Rights Initiative Offers Assistance with Special Immigrant Juvenile Status Cases
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Many undocumented abused and neglected children qualify for Special Immigrant Juvenile Status (SIJS), which will assist them in becoming a US citizen. Melissa Weaver, the Women and Children's Program Attorney at the Human Rights Initiative (HRI), is available to help attorneys whose clients may qualify for SIJS. Melissa is a participant in Colleague Connection -- Attorneys, and attorneys can send questions to Melissa through that email network. Judges can refer parties to HRI for assistance. Click here for more information about SIJS and the Human Rights Initiative. HRI's manuals on representing immigrant children can be found in the manuals section of the TLC website and under the topic "Immigrant Children."
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12/12/08
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Your Online Shopping Directs Retailers' Donations to TLC!
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As the holidays approach, you may be looking for convenient, secure ways to do your holiday shopping. Here is a new way to shop online at over 600 major retailers, with special discounts, while these retailers generously donate a portion of the proceeds of your purchase to TLC! Participants include Southwest Airlines, Budget, Best Buy, Office Depot, Staples, OfficeMax, Barnes & Noble, Target, WalMart, Sears, AT&T, CompUSA, Hewlett Packard, Dell, Kodak, Macy's, 1-800-Pet-Meds, Netflix, etc. Best of all, this service is available year-round, giving you an opportunity to support our work with children on an ongoing basis, at no cost to you. Also, please tell your friends about this opportunity. Click here to learn more. (Once you select a retailer, you are taken to that retailer's online store to complete your transaction---with all of the product selection, safety, and security you expect from these major retailers.) We greatly appreciate your support and all you are doing to serve Texas' children.
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12/10/08
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TLC Has Launched the Website It Created and Is Hosting for the State of California
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TLC is pleased to announce that we have created and are hosting a website modeled after the TLC site for the Administrative Office of the Courts of California and its Center for Families, Children and the Courts. This is the first organization to enlist TLC's assistance in designing and hosting a similar site to benefit their child advocacy community. This marks a momentous leap in realizing our vision of a network of sites across the nation, together furthering the common goal of helping children through the sharing of information and best practices. If you are interested in creating a site for the child advocacy community in your state based on the TLC site, please contact us at 800-993-5TLC (5852) or email TexasLawyersforChildren@yahoo.com.
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11/17/08
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Center for Public Policy Priorities Reports on Initial Implementation of Managed Medical Care Program for Foster Children
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On November 17, 2008, the Center for Public Policy Priorities issued a report on the first six months of STAR Health, a Medicaid managed care program for foster children, implemented by the Health and Human Services Commission and the Department of Family and Protective Services. The report reviews health care needs of foster children and the various managed care models. It then examines STAR Health and makes recommendations for improvements. CPPP recommends changing the name of the program to prevent confusion with a similarly-named health program, evaluating the Health Passport program, changing elements of the provider requirements for court testimony, and better use of performance measures in evaluating managed care projects. CPPP notes that remaining questions to be addressed include loss of medical benefits as foster children leave the system, adequacy of availability of behavioral health services, and better access to medical services through regular Medicaid than through STAR Health. To see the report, click here.
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11/03/08
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Center for Public Policy Priorities Considers Impact of New Federal Child Welfare Law on Texas
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On November 3, 2008, the Center for Public Policy Priorities issued a summary and analysis of the impact on Texas of the Fostering Connections to Success and Increasing Adoptions Act of 2008, the new federal law which overhauls various child welfare programs. Click here to view CPPP's policy paper, entitled "New Federal Foster Care Legislation: What It Could Mean for Texas."
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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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