Analysis of Texas Foster Care System

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Historical Background

Since 2011, the Texas foster care system has been the subject of child rights lawsuits. The proceedings are being tried by Federal Judge Janice Graham Jack, who previously discovered that Texas violated foster children’s rights by exposing them to abuse, overdose, and relocation (Rottinghaus, 2018). In Texas, CPS is investigating more than 225,000 child abuses and ignores complaints. About 66,000 young people in Texas were abused or abandoned (Fogel, 2017). A child may be placed in foster care if there is a high risk of abuse or neglect, or if the abuse or neglect is severe and the child is at risk. To prevent deportation, CPS should treat the child while at home, seek temporary accommodation with family and friends, or expel the abuser from home (Fogel, 2017). Unfortunately, the only way to ensure their safety for many children is to be taken from their homes.

Report on Texas Foster Care Litigation

The Texas foster parent litigation began in 2015. Judge Jack’s opinion and judgment suggested that Texas foster care had not been functioning for a long time. Children of PMCs in Texas almost always experience greater care in the state than when they arrived (Dunn, 2021). The experiences of the 17 children mentioned in the report in the report revealed a system in which foster children were transferred through the system. Harm can be committed in various ways, including neglect, physical abuse, sexual assault, and psychological abuse. According to Fogel (2017), Judge Jack ordered the closure of all nursing homes without 24-hour while under supervision and hired two special masters (childcare professionals) to handle the Establishment’s Family Protection Services Department (DFPS).

In the latest 2021 court report, Judge Jack mentions the lack of accommodation measures and strong real-life practices, although the state has improved. As a result, at least 23 children in the Texas long-term care system have died since the summer of 2019. Of these, six children are associated with caregiver abuse or neglect (Oxner, 2021). The case continues because the system problem remains unresolved almost every time

State Response

The state initially refused to prosecute; it is constantly taking steps to ensure child safety, and although these recommendations are already included in the policy, the situation is still occurring. This is repeated in the 2015 state opposition, where some of the recommendations were already guidelines. However, the jurisdiction of the appealing court is not disputed simply because the state has taken steps to correct the deficiencies of the Constitution. The parties must prove that their actions have raised the issue. The state has a long history of funding research that has failed to improve foster care. In this case, the state had to always provide constitutional protection to children who had custody.

The legislature passed several legislations in 2017 aimed at improving the lives of children receiving government care, including the start of the transition to community-based care (CBC) for the system. Texas Attorney General, Ken Paxton denied the final order, calling it “incomplete and unenforceable,” after the Federal Court of Appeal issued a temporary stay awaiting a hearing in District 5 (Bohra, 2021). Based on the District 5 decision, Texas has appealed to Judge Jack’s November 2018 decision.

Texas Legislature

After examining the Texas Parliament, the bill in line with this work is Bill 87 (R) SB 1084, which is related to preparing adult life programs and other foster care services. The plan for this bill is to abolish or change the transition from child to adult to address foster child homelessness (Bohra, 2021). The aim is to expand the dependence and transition services of young people up to 21 to develop policies that enable young people always to take care of their needs. It also helps expand the scope of Medicaid to include foster and former foster parents. This law is important in helping these young foster children who are growing up. Because they do not just throw them into the wild without help, this calculation can be used to prepare for success, not failure.

Political Climate

The political climate in which Texan nurses fit into the subculture is a traditionalist, individualist subculture, supporting state localism and business domination from one party. The way Texas foster parents believe fit into these subcultures is a traditionalist part where they maintain control and minimize people’s participation. Instead of letting people control what happens, they control everything based on those in power. Rottinghaus (2018) explains that the only option is to comply with all government rules and obtain government-determined child custody. For this reason, I think the Texas custody system is suitable for a traditionalist and individualistic subculture.


If I had been a senator or congressman, I would have written legislation to promote financial incentives given the poor financial situation of most shelters. I will also call for legislation to provide additional options to CPS staff after removing children who are considered abused or negligent. I also would ensure that foster parents are held accountable, just as they are in the state. Some of these deaths could have been prevented if more caseworkers had been available to screen the children. Adequate monitoring of the foster parents would strictly be adhered to. For those that do not adhere to the proper guidelines, I would ensure that no more foster kids are being sent to such homes. This would help in preventing a lot of death cases, child abuses and such stories.

Monthly payments for foster parents in Texas range from $812 to $2,773 per child, but caregivers currently offer up to $406 per month for up to one year and annual pay for up to three years or up to 18 years. Additionally, Texas often does not provide disadvantaged families with the same financial assistance that licensed foster parents receive. Unlicensed caregivers may pay 50% of the basic care fee or $13.54 per day (Tiano, 2021). This is clearly not enough to ensure a better upbringing of the foster kids. If caregivers are not assisted, it is the children who lose the stability and resource increase that financial support brings.

One of the strengths of the Texas Care System is a comprehensive needs assessment by the dose that represents the needs and strengths of children and adolescents who cover all developmental issues and increase opportunities. It is a versatile tool designed for preschool institutions to support the development of systems such as child care and service planning. It is currently used in all 50 other states, including child protection, mountain halls, juvenile justice, and early intervention applications.

Secondly, it has commitment to the community and the family. This opens up the local level support and community participation. It works on three core principles; the first is to empower and inform online organizations that are part of the community and responsible for their children. The second is to stimulate a more positive merit system for families and children. Thirdly, is to participate; this means that the community understands the community and the children who enter the care system from their children.

On weaknesses, the Texas care system has many cases of abuse in the care system. They are constantly overlooked and not taken as seriously as they should be, just like the 23 kids. The second weakness is that the number of teenagers getting out of the care system of becoming older and homeless adults is increasing. After leaving the care system, they do not have enough resources to lead a successful life. It all starts with the life they spent in foster care. Without proper treatment and proper foster care, they will always be homeless adults due to the care system’s failure.

The first point I would speak of is to promote adoption practices. With old and new families, I would use a dedicated, responsive facility with information and use a specific parent as an agent to find the ideal foster parent we are looking for. It is a good opportunity to have more and better foster parents. My second issue is dealing with abuse, neglect, and homelessness after being placed outside the care system. I would raise awareness and educate people about the adoption and prevention of unwanted birth. It would be dramatic if unwanted births could be avoided. This affects the number of children participating in the care system.

I would use the adults that come out of us to create some system or workforce. In this way, they will be able to share their experiences and help each other without leaving other adults to follow the same path given them. I would also focus primarily on abuse in the care system and try to do something for the 23 children killed after the summer of 2019.


Bohra, R. O. and N. (2021). Texas foster care crisis worsens, with fast-growing numbers of children sleeping in offices, hotels, churches. The Texas Tribune. Web.

Dunn, L. (2021). Texas foster care system overflowing despite reforms. WORLD. Web.

Fogel, B. (2017). What Led to the “Broken” Foster Care System in Texas. KUT Radio, Austin’s NPR Station. Web.

Oxner, R. (2021). “Serious, harmful consequences”: Texas continues placing foster children in harm’s way, court monitors find. The Texas Tribune. Web.

Rottinghaus, B. (2018). Inside Texas politics : power, policy, and personality of the lone star state. Oxford University Press.

Tiano, S. (2021). Texas lawmaker wants to give kin caregivers a raise. The Imprint. Web.

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"Analysis of Texas Foster Care System." Premium Papers, 1 Feb. 2023,


Premium Papers. (2023) 'Analysis of Texas Foster Care System'. 1 February.


Premium Papers. 2023. "Analysis of Texas Foster Care System." February 1, 2023.

1. Premium Papers. "Analysis of Texas Foster Care System." February 1, 2023.


Premium Papers. "Analysis of Texas Foster Care System." February 1, 2023.