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How a push to protect parental rights is reshaping Texas’ foster care system

How a push to protect parental rights is reshaping Texas’ foster care system

Summary

Texas courts are increasingly requiring the state to follow stricter rules before permanently removing children from their families. Recent court decisions emphasize that parents must be given proper legal rights, including a chance to appeal, when child protective services question child abuse or neglect.

Key Facts

  • Texas voters approved a parental rights amendment to the state constitution last year.
  • Three recent court rulings have challenged the Texas Department of Family and Protective Services (DFPS) on removing parental rights.
  • The Texas Supreme Court overturned two DFPS decisions that aimed to permanently remove children from parents.
  • An Austin judge ruled DFPS violated parents’ constitutional rights when it removed a newborn without proper appeal options.
  • The rulings demand due process, meaning parents have legal protections and must be allowed to contest agency decisions.
  • Texas has spent decades reforming its foster care system after lawsuits about poor conditions and abuse.
  • The state is shifting foster care responsibilities mostly to private companies.
  • Efforts to protect parental rights also respond to concerns about racial bias and poverty being mistaken for abuse in child welfare investigations.
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