Texas is seeing a shift in the judicial approach to child welfare cases, reflecting a broader transformation in the state’s child protection system. Recent court decisions have highlighted this trend, focusing on cases where the Texas Department of Family and Protective Services (DFPS) sought to permanently sever parental rights.
Last month, the Texas Supreme Court contested DFPS’s recommendations to terminate parental rights in two separate instances, thereby allowing the children involved to be considered for adoption. In another significant case, an Austin judge ruled that the DFPS violated the constitutional rights of Temecia and Rodney Jackson when it temporarily removed their newborn daughter over a medical disagreement.
The case involving the Jacksons underscored due process concerns when the agency determined it was “unable to determine” if abuse had occurred, without providing the parents a means to appeal this decision. “Our goal is to hold people’s toes to the fire to what the Constitution requires. The Constitution requires due process,” remarked Sophia Howard, a Texas ACLU law fellow who worked on the Jacksons’ case.
This judicial scrutiny forms part of a larger effort to reshape Texas’s approach to child welfare, a process that has been ongoing for decades. The state has been reforming its child welfare policies through a combination of legislative changes, court-ordered reforms, and a shift toward privatization of foster care management. A significant driver of these changes was a prolonged lawsuit over the conditions in the state’s foster care system, which has already cost Texas over $200 million.
Andrew Brown, vice president of policy for the Texas Public Policy Foundation, commented on the increased awareness among parents regarding their rights, a shift partly influenced by the COVID-19 pandemic. According to Brown, “I think COVID played into that, because it gave families a very stark reality check.”
The transition to privatized foster care management has faced challenges. DFPS recently ended its $137.6 million contract with EMPOWER, a company managing foster care services in Dallas and neighboring counties, following supervision issues and child fatalities in its care. This situation underscores the complexities involved in handing over child welfare responsibilities to private entities.
Concerns Surrounding Child Welfare Reforms
The conversation around strengthening parental rights in child welfare investigations is not new. It gained momentum following studies indicating that Black children were disproportionately targeted in these investigations, often due to poverty being mistaken for neglect rather than abuse. Vicki Spriggs, CEO of Texas CASA, noted, “There were abuses in the past of removal power. People who weren’t poor saw poverty as abuse.”
With the DFPS up for a routine performance review, known as Sunset, the agency’s transition to private management and the effectiveness of these reforms will come under scrutiny. The recent cancellation of the contract with EMPOWER highlights the ongoing challenges in this transition, as well as the agency’s efforts to address the long-standing class-action lawsuit concerning foster care conditions.
Historical Context and Legislative Actions
Texas’s journey toward child welfare reform began in the early 2000s, following a series of tragic child deaths despite state intervention. In response, state leaders called for investigations and substantial investment into the child protection system, including hiring more workers and increasing resources for Child Protective Services (CPS).
By 2017, Texas lawmakers, frustrated with years of inadequate reforms, began shifting away from the practice of removing children from their homes as a first resort. This led to legislative changes that enhanced parental rights and redefined the criteria for state intervention in child abuse cases. The 2021 legislative session further advanced these reforms, narrowing the definition of neglect and reinforcing parental rights during investigations.
These reforms have had a tangible impact, with child removals in Texas declining from 19,070 in 2016 to 10,011 in 2025. Josh Gupta-Kagan, director of the Columbia Law School’s family defense clinic, commented, “I do think the system is often overbroad and intervenes in families harmfully and unnecessarily.”
Future Directions for Texas Child Welfare
As Texas lawmakers prepare for the upcoming legislative session, the focus will remain on evaluating and potentially adjusting the state’s child welfare system. Lt. Gov. Dan Patrick and House Speaker Dustin Burrows have prioritized the treatment of parents and the effectiveness of the privatized foster care system for the session. Andrew Brown emphasized the importance of the ongoing Sunset review, saying, “We’ve done so much. Let’s watch Sunset play out … and then make strategic choices on how to move forward.”
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Disclosure: Dan Patrick and Texas Public Policy Foundation have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations, and corporate sponsors. Financial supporters play no role in The Texas Tribune’s journalism. Find a complete list of them here.
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This story was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.
