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Kortney Hudzik is currently enrolled in the Master of Education in Administrative Leadership program at Angelo State University. She graduated Summa Cum Laude from Texas A&M University-San Antonio with a Bachelor of Arts in Criminology. She is a member of the Phi Theta Kappa Honor Society and the National Society of Leadership and Success.

Kortney Hudzik has been in the social work field for over two years and is currently a Permanency Supervisor. Her career in child protective services provided instruction on how to care, learn outside cultures, and provide normalcy to children in care during times of trauma. She has dedicated her life to being the voice of those who cannot advocate for themselves, but more significantly, prides herself by ensuring each child feels loved during a time in which everything they know has been taken away.

Community-Based Care is a new way of providing foster care and case management services. It is a collaborate approach to meeting the individual and unique needs of children, youth, and families. It is critical for the Department of Family and Protective Services, Health and Human Service Commission, elected officials, and community partners to support these organizations to safely and effectively serve the children in their care. To provide an overall understanding of this collaborative effort, information on how each organization strengthens Texas families and the foster care system will inspire permanency case managers to not only be a voice for youth in care, but more importantly, effectively advocate for the overall success of establishing permanency in each case.

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Amber Finck
Community Program Coordinator
Taylor County Child Welfare Board

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It is critical to recognize the relationship between monitoring and disciplinary practices and providers’ willingness to take on risk. Practices that are intentionally punitive, as well as disciplinary actions that are unclear or lack due process, provide a disincentive for taking on children with especially high needs. It's more important than ever that community organizations, agency leadership, and legislators work together to solve the capacity crisis that is negatively affecting the children that all of us serve. Collaboration among all stakeholders will ultimately lead to the strongest solutions and best outcomes for kids.

Resource
Olse, K. (2021, September 3) Legislators make needed investment in foster care. TACFS. Legislators Make Needed Investment in Foster Care - TACFS.

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TACFS worked closely with legislators, agency to secure $90 million. Children in the state's foster care system will have greater access to the range of services they need under a funding measure approved by the Texas Legislature this week.

House Bill 5, which legislators approved before the end of their special session, includes $90 million for the state's foster care system. The Texas Alliance of Child and Family Services (TACFS) worked closely with legislators and the Texas Department of Family and Protective Services to secure this funding, which includes $35 million per year (statewide) for each of the next two years to increase the state's payment to those who provide foster care and $20 million for grants that will allow organizations to add the capacity needed to provide care for more kids.

The additional funding will help community organizations in Texas provide the broad range of services needed by children and youth who have experienced the trauma of maltreatment. Throughout 2021, TACFS has worked to explain that state funding has not kept up with the cost of caring for kids who have increasingly complex needs.

"The Legislature has taken a needed step toward helping organizations meet the vast needs of children, youth and families involved with foster care," said TACFS CEO Katie Olse. "We are grateful that legislators listened to the caregivers who are on the ground and serving kids in communities across Texas. This funding is going to help."

The state has also been experiencing a shortage of foster care placements, caused in part by funding that has not reflected the true cost of care, the challenges of finding and retaining qualified and fully trained staff, and the reluctance of families to bring children into their homes during the ongoing pandemic.

"This funding will help address the capacity shortage in the foster care system," Olse said. "We want to make sure that children and youth in foster care not only have a place to sleep at night, but also have access to the trauma-informed services and supports they need, and the legislation approved this week will help organizations provide those services to more kids. There is a long way to go to fully address the shortage of placements the system faces, but this is definitely a step in the right direction. We are grateful that legislators have listened and have taken action to begin strengthening our safety net for vulnerable young Texans."
Katie Olse, TACFS CEO

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Legislators Make Needed Investment in Foster Care - TACFS

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TACFS worked closely with legislators, agency to secure $90 million. Children in the state's foster care system will have greater access to the range of services they need under a funding measure approved by the Texas Legislature this week. House Bill 5, which legislators approved before the end of their special session, includes $90 million for the state's foster care system.

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The capacity challenge in our foster care system is a complex problem that requires a robust solution. There is more to this challenge than finding more beds. It's about creating more room for a variety of services, some highly specialized, for high-risk children. "House Bill 567 is the product of years of work by a multitude of stakeholders and legislators of both parties. This new law will reduce unnecessary removals and trauma to children in our communities, and we are excited and optimistic about the implementation of these reforms" (Frank and Hughes, 2021). The successful delivery of those services requires meaningful state investments as well as an oversight structure that aligns well with the nature of the work. "The children of Texas need us to get this done" (Frank and Hughes, 2021). Because when organizations are struggling, there is greater strain on an already-fragile system.

Resource
Frank, J. and Hughes B. (2021). Strengthening Texas families and our foster care system. The Cannon. Strengthening Texas Families and our Foster Care System (thecannononline.com).

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Which School Districts are Ignoring the Governor?

A shocking number of Texas public school districts are in open violation of the governor's executive order prohibiting mask and vaccine mandates. According to the Texas Attorney General's office, 109 school districts are either out of compliance, in active litigation, or have just had a lawsuit filed against them for violating the governor's EO which...

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Strengthening Texas Families and our Foster Care System

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As members of the Legislature, we are committed to ensuring that every child in Texas can grow up in a safe, healthy, and loving home. We have grown increasingly concerned in recent years over the number of unnecessary removals of children by Child Protective Services and the excessive length of time children spend warehoused in...

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Have you heard the term backyard orphans? When an individual hears the term orphan, typically the image of a child who was given up by their parents from a far-off country appears. However, there are children all over the state of Texas who do not have a place to call home. In fact, there are children in your very own backyard waiting in a CPS office for a family to say “yes” to them.

Resource
Garrett, R. (2020). Abused, Neglected Children Again Sleeping in CPS Offices in Repeat of

Texas Foster Care Crisis. The Dallas Morning News. Abused, neglected children again sleeping in CPS offices in repeat of Texas foster care crisis (dallasnews.com).

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Politics
Texas foster children have contracted the novel coronavirus at nearly double the rate of the state's general population, according to testimony Friday in a federal lawsuit. In the seven days before Aug. 28, the rate by which the nearly 11,000 children in long-term foster care tested positive for COVID-19 was 20%, compared with just 12% among all Texans, said a filing by court-appointed monitors late Thursday. On Friday, U.S. District Judge Janis Graham Jack said she will hold two state agencies in contempt of court for failing to carry out her remedial orders.

Politics
Plaintiffs' lawyers in a long-running federal lawsuit over Texas foster care have asked U.S. District Judge Janis Graham Jack to levy big financial penalties on Gov. Greg Abbott, the Texas Department of Family and Protective Services and the state's Health and Human Services Commission for failing to make improvements to long-term foster care the judge has ordered.

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Abused, neglected children again sleeping in CPS offices in repeat of Texas foster care crisis

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Politics Texas foster children have contracted the novel coronavirus at nearly double the rate of the state's general population, according to testimony Friday in a federal lawsuit. In the seven days before Aug. 28, the rate by which the nearly 11,000 children in long-term foster care tested positive for COVID-19 was 20%, compared with just 12% among all Texans, said a filing by court-appointed monitors late Thursday.

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Federal: 45 CFR § 1351.

Runaway and Homeless Youth Program
45 CFR Part 1351 - RUNAWAY AND HOMELESS YOUTH PROGRAM | CFR | US Law | LII / Legal Information Institute (cornell.edu)
Because it is not safe for children to be with their parents, children need a stable home and a family to love them while their parents heal. Runaway and Homeless Youth Programs (45 CFR § 1351) provide runaway prevention, outreach, shelter, and transition services to runaway, homeless, but more importantly, youth at risk of running away or becoming homeless.

State: 40 Tex. Admin. Code § 700.1305.
Substitute-Care Services: Principals
Texas Administrative Code (state.tx.us)
Any time a child is removed from harm’s way is a win, but it would be ideal that they were never in that position. The Department of Family and Protective Services will provide services to ensure:

children are placed in a safe, appropriate, and the least restrictive setting in close proximity to the county of removal;

family reunification will occur with home of removal is safe and appropriate for the child to return;

and if a child cannot be safely returned to the home of removal, all efforts will be utilized to find safe and permanent placement in a timely manner.

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Federal: Fulton v. Philadelphia, 593 U.S. (2021), rev'd.
19-123 Fulton v. Philadelphia (06/17/2021) (supremecourt.gov)
The city of Philadelphia claimed they could not contract foster care services with an agency that only serve married heterosexual couples because of an antidiscrimination laws. However, the United States Supreme Court reversed and remanded the decision stating the agency can still work for the city even if it won’t certify same-sex couples as foster parents. When a city terminates a contact with a placement agency over one incident, permanency of children within the agency is jeopardized. It is important to look at the overall impact of each child's permanency when considering terminating placement contracts.
State: Michael Lowery v. State, 2021 Tex. App. LEXIS 7327, (Tex. App.—Eastland Sep. 2, 2021).
In the interest of T.M., M.M., and N.M., children Appeal from 35th District Court of Brown County :: 2021 :: Texas Court of Appeals, Eleventh District Decisions :: Texas Case Law :: Texas Law :: US Law :: Justia
Because there is no legal definition for immediate danger, the courts are referring to case law to determine whether a child is suffering imminent danger and should be removed.  In order to interpret danger, the courts looked at the use of cocaine, the mother leaving the children with their methamphetamine-addicted father, all of the children testing positive for methamphetamine, two of the children testing positive for cocaine, and the mother's admission in criminal proceedings against her that she had endangered each of her children. And since the appellate courts affirmed there was clear and convincing evidence the mother engaged in conduct or knowingly placed the children with someone who engaged in conduct that endangered the children's physical or emotional well-being, county judges could use such case findings to order the removal of a child from a situation causing immediate danger.

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Federal: 34 U.S.C. Subtitle II § 203.
Court-Appointed Special Advocate Program
34 USC Subtitle II, CHAPTER 203, SUBCHAPTER II: COURT-APPOINTED SPECIAL ADVOCATE PROGRAM (house.gov)
Court Appointed Special Advocate are to be appointed by the courts to advocate for the best interests of children who are in the custody of Child Protective Services due to abuse or neglect. In most cases, information the advocate communicates with the court takes precedence due to their commitment and long-term involvement with the child.

State:  5 Tex. Fam. Code § 264.001.
Child Welfare Services
FAMILY CODE CHAPTER 264. CHILD WELFARE SERVICES (texas.gov)
When children are removed from their home and are not reunified with their parents or have appropriate family members as placement, they are often bounced around foster homes and ultimately spend years in the foster care system. Federal law requires the Department of Family and Protective Services to have a plan to ensure educational stability for a child in substitute care.

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During the 87th Legislative Session, several significant bills passed which impact child welfare law, including House Bill 567. House Bill 567 contains several significant provisions that will go into effect on September 1, 2021. Among these bills, the verbiage regarding abuse and neglect has significantly changed. Instead of removing a child based on substantial risk, the Department will have to determine if immediate danger is present and articulate how such danger is a continuing pattern. The Department of Family and Protective Services Handbook (2020) defines imminent danger as "an immediate threat to the physical health or safety of the child, or sexual abuse is about to occur to the child." If there is no present danger, the child will be returned to the home of removal.

Resource
Department of Family and Protective Services (2020). CPS Definition of Terms. Retrieved from http://www.dfps.state.tx.us/handbooks/CPS/Files/CPSDefinitions.asp

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Federal: U.S. Const. amend. IV
Unreasonable Search and Seizure
U.S. Constitution - Fourth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress
The Fourth Amendment (U.S. Const. amend. IV) presents the Constitution's principle of the right to be free from unreasonable search and seizure. The Department of Family and Protective Services must obtain a court order to remove a child from their home.
State: TX Const. art. III, § 40.
Special Sessions; Subjects of Legislation; Duration
THE TEXAS CONSTITUTION ARTICLE 3. LEGISLATIVE DEPARTMENT
In article three of the Texas Constitution (TX Const. art. III, § 40) the necessary laws surrounding legislative special sessions are clearly outlined. Improving funding for foster care homes and services for children is one of the issues that Legislature can act on during the 30-day special session.

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A child in substitute care must attend the same school of removal, even if the child is outside the attendance zone or changes placement, unless it is not in the best interests to remain in the same school (2INgage, 2020). In fact, a child’s initial placement into substitute care, and any subsequent placement changes, must consider the appropriateness of the child’s educational setting and the proximity to the school the child is enrolled in at the time of the placement or placement change. However, Texas is suffering from a shortage of placement options for children that are removed from their family which has caused children to be placed out of region. But when establishing the least restrictive placement, children sleeping in offices is not a viable option. The foster care crisis has caused agencies to disregard ethical decisions regarding education in order to do what is in the overall best interest of each child.

Resource
2INgage (2020).  Community-Based Care Region 2 Stage II Operations Manual. Retrieved from In-Review - Community-Based Care Region 2 Stage II Operations Manual (state.tx.us).

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Personal Connection to the Legal and Ethical Standards

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Personal Connection to the Legal and Ethical Standards

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As the system struggles with a lack of placements for children across Texas, we need focus on constructive solutions and help all stakeholders understand the challenges that community organizations face. The Department of Family and Protective Services needs a stronger investment in community child and family services. Because when a child faces unfair odds, it is the community that comes to the rescue. These are our children who need their community to come together and fight for them. House Bill 567 will provide the necessary support for families, facilitate prevention and early-intervention services, but more importantly, strengthen the overall community support of the foster care system. This will not only ensure parents have the necessary education to positively parent, but more important, the community will actively engage in the best interest of the child. “Whenever they are removed, it’s not just the foster family or kinship family taking care of them, it’s the whole community coming together” (A. Finck, personal communication, September 10, 2021).  It is often said, “it takes a village to raise a child.” But in those times of need, it takes a community to support a family.

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Bulleted list of Recommendations/ Best Practices for Compliance

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Bulleted list of Recommendations/ Best Practices for Compliance

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One of the most critical prevention efforts is to encourage existing natural supports, school staff, daycare staff, neighbors, extended to stay connected with the children and families in their lives. It is important to engage a support network to regularly call, text, or video chat with the family and encourage parents to stay connected to these positive people.

It’s essential to regularly ask about and aid families in meeting basic needs. Many families have lost jobs and are struggling financially. If parents don’t have enough food in their house or know how to pay the bills, the overall stress level in the home will be higher, ultimately, increasing the risk of abuse or neglect.

If a parent is struggling, try to regularly check on them. Focus on relationship building that will increase the likelihood of parents to reach out and accept help when they need it.

Creating detailed, thought out, and adaptable safety plans involving the whole family is also a crucial step in increasing safety for our most vulnerable families. Include the children in the creation of the safety plan by identifying one trusted adult outside of their immediate to contact in dangerous situations.

Educate families on the resources available and accessible in the community. Ensure families understand telehealth services are an option, but more importantly, have tips, pamphlets, and resources ready to distribute.

Ensure placement notifications and/or changes are effectively communicated in all reports to the court. Ensure all parties are questioned regarding possible placements, changes are outlined, and reasoning permanency has not been established.