Introduction to Legal Representation in CPS Cases

1. Presentation to (((Funder))) by (((Judge Name))) (((Date))) Introduction toLegal Representation in CPS Cases

2. What is CPS? CPS is a Division of the State Agency “DFPS” (TX Department of Family and Protective Services) CPS = “Child Protective Services”

3. CPS Basics – WhAT is “CPS”? • CPS is required by the State of Texas to investigate reports of abuse and neglect of children. It also: • Provides services to children and families in their own homes; • Places children in foster care; • Provides services to help youth in foster care make the transition to adulthood; and • Places children in adoptive homes (DFPS Website)

4. 1 What Obligations do CPS Cases place on the Courts and on our County?

5. CPS Lawsuits • CPS must file a LAWSUIT in cases where it believes it is necessary to protect a child through legal action such as by: • removing child from parents; • placing child in foster care; • obtaining legal guardianship of child; • terminating parents’ rights; or • obtaining court orders to require parents to complete services for the safety of children.

6. Obligation to Handle CPS Lawsuits • Judges don’t makethe law. • Judges don’t control the filing of CPS cases. • Judges take an Oath to uphold and enforce the law.

7. Some FEDERAL Law: • U.S. Constitution and case law on Constitutional Rights • Child Abuse Prevention and Treatment Act (CAPTA) and Titles IV-B and IV-E of the Federal Social Security Act. • Federal Gov’t conducts CFSR audits to ensure compliance. • Federal funding could be denied if fail to comply.

8. Some STATE Law: • Texas Family Code: Title 5 - Ch. 107, 161, 261-264 • Obligations to Hold Hearings and Trials by Statutory Deadlines. • Obligations to Appoint Attorneys to Represent Indigent Parents and Children in CPS cases. • Must pay attorneys’ “reasonable fees & expenses” from “the general funds of the county”. (TFC Sec. 107.015)

9. Life of a CPS Appointment Automated Appointment Process by Rotation System Attorney Bills Hourly Throughout Life of Case Case is Filed Re-Unification Determination of Indigence Adoption Case Outcome Foster Care/PMC Appointed Attorney Advocates for Life of the Case (up to 18 years for PMC)

10. Sample Statutory CPS Hearings(at # days in – Where TMC at Ex Parte) Final Order Leave Foster Care

11. CPS hrgs involve many individuals

12. Conflicts in CPS Cases • Conflicts of Interest are COMMON and may increase the number of attorneys that must be appointed in a CPS case: • Legal Reasons (ie. In re BLD, 113 SW3d 340, 347 (Tex.2003)) • Professional Licensure Reasons (ie. TX Disciplinary Rules 1.06-1.09) • This may be true for Sibling Children and/or Parents in a case. • (i.e. - Domestic Violence and Criminal Cases may have increased potential for conflicts.)

13. Factors that may affect Funding • Commissioners should be aware that we may see an increase in funding for CPS attorneys due to: • Federal Court case – M.D., bnfStukenberg, et. al. vs. Greg Abbot, et. al. (US. District Court Southern District of Texas, Corpus Christi Division – 2:11-CV-84) • MANDATES that all children in the PMC of the Department have an attorney ad litem. • Increased Funding for Investigation caseworkers • Tends to bring more cases into the system. • These are Examples – You Should Explain Factors you are aware of that may affect Funding

14. 2 General CPS Numbers / Case Trends in our County

15. Legal CPS Cases • “TMC Cases” child is in temporary managing conservatorship of DFPS. (before a final order on merits) (How many Children / Cases ?) • “PMC Cases” child is in the permanent managing conservatorship of DFPS. (after entry of a final order in which DFPS is awarded conservatorship) (How many Children / Cases ?) • “COS Cases” Orders for Child Safety (How many Children / Cases ?) • Example – Explain Available Data

16. Child Protective Services Hearings • CPS hearings have increased by (((_____%))) since (((Date))). (((% Increase))) CPS Hearings • Example – Show Trends

17. # of Children in CPS Cases Example – Create Charts with Local Data

18. # of CPS Hearings Example – Create Charts with Local Data

19. 3 Who Provides Legal Representation?

20. Types of Appointed Attorneys • - Appointment List • - Private Hourly attorneys • paid $X/hour or by appearance • Private Contract Attorneys • Public Parent Defender Office • Child Public Defender Office • Law School Clinic

21. Civil Appointments (FY 2009 – FY 2016) • Example – Use Available Data .

22. Expenditures by Year • Example – Use Available Data All Others = Cite-By-Publications, Appeals, Non-Family, Contempt and Protective Orders.

23. Average Cost per Case By Fiscal Year (2009 – 2016) • Example – Use Available Data Note: Disposed Cases Only.

24. Cost per Assignment • Example – Use Available Data

25. 4 What is Needed?

26. Budget Recommendations • (((Explain Specific Budget Proposals – What exactly are you seeking from County Commissioners?)))

27. Mediation • Less Litigious way of resolving cases • Empowers the family to make decisions themselves rather than having one imposed on them by the court; • Cost Effective way of Resolving Cases – reduces court costs, attorney fees. etc. 2015 Univ. of Texas study showed use of mediation by Travis County saved up to $1,494,696 annually from 2009 to 2014, in savings to both county and state.

28. ? Questions?(((Judge NameContact Info)))