Legal and Ethical Guide by Kortney Hudzik https://padlet.com/khudzik1/avqs50rxzw94bzjx Texas Families and the Foster Care System en-us 2021-09-09 01:03:48 UTC 2025-09-30 11:53:36 UTC hello@padlet.com Professional Perspective/Audience Topic khudzik1 https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726456524 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. ]]> 2021-09-09 01:08:45 UTC https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726456524 Interview with Amber Finck khudzik1 https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726458570 Amber Finck
Community Program Coordinator
Taylor County Child Welfare Board

]]> 2021-09-09 01:09:35 UTC https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726458570 Professional Association khudzik1 https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726461394 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.]]> 2021-09-09 01:10:39 UTC https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726461394 Current News Article khudzik1 https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726463083 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).]]> 2021-09-09 01:11:18 UTC https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726463083 Current News Article khudzik1 https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726463573 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).
]]> 2021-09-09 01:11:30 UTC https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726463573 Administrative Law khudzik1 https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726465264 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. 
]]> 2021-09-09 01:12:09 UTC https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726465264 Judicial Law khudzik1 https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726465696 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. ]]> 2021-09-09 01:12:20 UTC https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726465696 Constitutional Law khudzik1 https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726466076 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. ]]> 2021-09-09 01:12:29 UTC https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726466076 Statutory Law khudzik1 https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726466377 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. ]]> 2021-09-09 01:12:37 UTC https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726466377 Local Administrative Law/Policy/Rule khudzik1 https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726467785 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

]]> 2021-09-09 01:13:08 UTC https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726467785 Ethical Principle khudzik1 https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726469191 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).]]> 2021-09-09 01:13:40 UTC https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726469191 Personal Connection to the Legal and Ethical Standards khudzik1 https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726470911 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. ]]> 2021-09-09 01:14:20 UTC https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726470911 Bulleted list of Recommendations/ Best Practices for Compliance khudzik1 https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726474244
  • 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.
    • ]]>     2021-09-09 01:15:33 UTC https://padlet.com/khudzik1/avqs50rxzw94bzjx/wish/1726474244