Just a few months ago, Texas parents were losing custody of their children—not because of abuse or neglect, but because they couldn’t complete a maze of state-mandated bureaucratic tasks. Judges could override a parent’s decisions without clear evidence of harm. And the very foundation of parental authority rested not in Texas law, but in fragile federal court precedent that could shift with the appointment of a single unelected judge. Families were vulnerable, and parents were left navigating a system stacked against them.
That’s why, heading into the 2025 legislative session, the Family Freedom Project made it our mission to turn the tide. From day one, we worked with a coalition of other organizations to reshape the conversation around child welfare, parental rights, and government overreach in Texas. And we weren’t alone. Thousands of families, lawmakers, and advocates for parental rights showed up—refusing to let their rights be quietly eroded.
We’re especially grateful to leaders in the Texas Legislature who stood firm for families—like Speaker of the House Dustin Burrows, Lt. Gov. Dan Patrick, and the bill authors mentioned below, whose leadership was instrumental in keeping parental rights at the forefront this session.
Now, with the dust beginning to settle, the results speak for themselves: this was a landmark year for parental rights reform in Texas. Together, we’ve laid the groundwork for lasting protection—and we’re just getting started.
A Generational Win: Parental Rights Constitutional Amendment Heads to the Ballot
After years of advocacy, the Parental Rights Constitutional Amendment (SJR 34) passed both chambers of the Texas Legislature and will appear on the November 4th ballot. This amendment was authored by Senator Bryan Hughes and sponsored by Representative James Frank. It gives voters the chance to permanently protect the rights of parents in the Texas Constitution. In fact, if the amendment is ratified by the voters on November 4th, Texas will become the first state in the country to explicitly protect parental rights in its state constitution.
This historic progress wouldn’t have been possible without the unwavering support of legislators who championed the amendment from day one.
Right now, parental rights in Texas rest almost entirely on case law—interpretations made by judges that can change with time. New judges may not see these rights the same way. Under the current structure, those judges have complete control over whether those rights live or die. But under SRJ 34, that would change.
SJR 34 doesn’t create new rights. Instead, it locks in over a century of legal precedent to ensure these rights can’t be quietly stripped away. Once in the Texas Constitution, it would be very, very difficult for those rights to ever be lost.
The amendment includes two key provisions: (a) affirms that the rights of parents are fundamental and that they have long been recognized in our culture and legal tradition, (b) explicitly declares that parents have the fundamental rights to make decisions for their child and to direct their child’s care, control, and upbringing.
And once passed, this protection will be one of the most durable forms of protection for families. SJR 34 is a safeguard for the future. Constitutional protections offer long-term security. They send a clear message: parents have the right to raise their children without unnecessary government interference. This victory is a cornerstone of FFP’s mission—and a legacy win for every Texas family.
Courts Must Now Start with Parents: SB 2052
Another major victory this session was the passage of SB 2052, also known as the Parental Presumption Bill—a reform championed by FFP for many years. This legislation, championed by Senator Brian Birdwell and Representative Cody Vasut, codifies a principle that most parents would call common sense: courts must begin with the assumption that a parent’s decisions are in their child’s best interest.
Before the passage of this bill, there was no clear statutory standard requiring courts to defer to parents unless harm is proven. Many areas of the law lacked clear direction on this topic.
As a result, judges could and often did override parental decisions simply because of parenting disagreements between the parent and the judge. SB 2052 changes that. This new law establishes a strong legal presumption in favor of parental rights—requiring judges to honor a parent’s choices unless there is clear and convincing evidence that intervention is necessary to prevent significant harm to the child. It also clearly outlines how and when that presumption can be overcome, offering much-needed clarity in custody and family law cases.
In a legal system that too often second-guesses parents, SB 2052 is a bold step forward in protecting family autonomy under Texas law—and one of the most impactful family-centered reforms passed this session.
Protecting Families from Unjust Termination of Parental Rights: HB 116 Becomes Law
Texas law has long contained a provision so draconian that many are shocked to learn that it exists at all. In Texas, CPS is allowed to terminate parental rights forever not because a parent poses a danger to their children, but because the parents struggled to complete a checklist of bureaucratic tasks that often have nothing to do with the safety of the child.
This law is known to CPS attorneys as the “(o) grounds”, a reference to the section number of the law in which this provision is found. The harsh reality of this law was highlighted in a recent case at the Texas Supreme Court, a case in which FFP submitted a brief criticizing the law.
In the case of In re R.J.G, a mother had her rights terminated for failure to complete CPS-mandated counseling. Yet, the mother had completed the counseling. In reality, CPS terminated her parental rights not because she failed to complete counseling, but because she did it with a different counselor than the one CPS preferred. Using such an outrageously flimsy excuse to destroy a family forever is an affront to any concept of justice.
The (o) grounds is so clearly beyond the pale that Texas Supreme Court Chief Justice Jimmy Blacklock, in his State of the Judiciary address near the beginning of the legislative session, explicitly called for the legislature to repeal it.
And the legislature responded.
HB 116 by Representative Harold Dutton and sponsored in the House by Representative Lois Kolkhorst, eliminates the controversial “(o)” ground for termination of parental rights, ensuring that Texas courts can never again destroy a family simply for a parent’s failure to complete a bureaucratic checklist of tasks.
FFP worked with numerous other pro-family organizations to support the bill, and Governor Abbott recently signed HB 116 into law.
Empowering Families in Court: SB 2501
When a family is fighting for its life against the State of Texas, who represents that family in court matters. Texas law gives low-income parents a court-appointed attorney, but that attorney is chosen by the court. Parents with financial resources can pick an attorney who they believe will give a strong defense of their family. Families without financial means must take any attorney the court will give them.
FFP frequently receives calls from families who were given a court-appointed attorney who the parents don’t believe is really fighting for them. Some court-appointed attorneys fight hard for their clients, putting in long hours at a low rate of pay to defend their clients. However, all too often, parents find that the attorney given to them by the court is doing only the bare minimum, is hard to reach, and is too willing to acquiesce to CPS.
SB 2501, authored by Senator Judith Zaffirini and sponsored in the House by Representative Brooks Landgraff, gives critical relief to these parents by allowing low-income parents to choose their own court-appointed attorney—ensuring representation they trust, while still receiving financial support from the court to cover expensive attorney fees.
This simple yet powerful reform passed both chambers unanimously and now awaits the Governor’s signature. It’s another step forward for families navigating CPS and family court.
HB 2071
When Child Protective Services investigates a family over medical concerns, the stakes couldn’t be higher. Unfortunately, in some cases, the very doctor who reported the family to CPS ends up serving as the State’s key medical expert—creating an obvious conflict of interest and undermining the integrity of the process.
HB 2071, authored by Representative Lacey Hull and sponsored in the Senate by Senator Lois Kolkhorst, ensures that families are entitled to an unbiased medical opinion in these cases. The bill requires that if CPS seeks a specialty medical consultation, that consultation must come from a doctor who was not involved in the initial report that triggered the investigation. HB 2071 provides greater transparency and protects families from biased assessments.
A New Chapter Begins
At the Family Freedom Project, we’re grounded in a simple truth: God gave children to parents who have both the fundamental right and sacred responsibility to raise their children. Our mission is to defend that right—in the courtroom, the Capitol, and every arena where it’s under attack.
This session Texas passed some of the most significant parental rights reforms in recent history. But we’re not finished. As the Parental Rights Constitutional Amendment heads to the ballot this November, the next chapter of this fight is already underway. Enshrining parental rights in the Texas Constitution isn’t just about policy—it’s about securing the future of family freedom for generations to come.
And as government intrusion into family life continues to grow, FFP is expanding its support for families on the ground. In the midst of fighting for these reforms this spring, we launched the Family Freedom Project Membership —a direct response to the rising number of families who need help navigating CPS investigations and parental rights threats. Membership gives families access to legal resources, real-time support, and the confidence that someone is standing with them when it matters most.
We made history this year. Now, it’s time to protect it—and build on it.
These victories didn’t happen in a vacuum. They were made possible by a coalition of courageous legislators, relentless advocates, and thousands of families who refused to stay silent.
Together, we’ll continue to:
- Equip families with the tools to defend their rights
- Champion legislation that protects parental authority
- Fight in the courts to stop government overreach
- Support families through our growing membership program
- And educate voters ahead of the most important parental rights vote in Texas history.
The battle for family freedom isn’t over— it’s just beginning.
Written By: Haley Skrnich
Policy Analyst at Family Freedom Project