As the Texas legislative session progresses, the Family Freedom Project (FFP) continues to champion critical bills designed to strengthen parental rights and reform flawed child welfare laws. Here’s a look at the key legislation FFP has worked with lawmakers and other like-minded organizations and and update on where these bills currently stand.
Parental Rights Amendment Passes Senate Floor (SJR 34/HJR 112) And Is Heard in House Committee
The Parental Rights Amendment, SJR 34/HJR 112, is making significant strides, having passed through the Texas Senate. If approved by the House and subsequently ratified, this amendment would enshrine parental rights in the Texas Constitution, ensuring that parents retain the authority to raise their children.
Jeremy Newman, Vice President of Policy at FFP, testified in support of this amendment, emphasizing its importance in securing parental rights for future generations. After passing the Senate, the bill was heard in the House Committee, where it received a good reception.
CPS Evidence Reform Bill (SB 1971, HB 3758)
Filed by Senator Middleton (SB 1971) and Representatives Vasut and Schatzline (HB 3758), this bill seeks to reform the rules governing evidence in Child Protective Services (CPS) cases. Under current law, CPS is permitted to use evidence that would be inadmissible in most other legal proceedings. This bill would require CPS to follow the same evidentiary standards as required in criminal cases, ensuring due process and greater fairness for families.
Example of Why It’s Needed: CPS Therapy Requirement
One key example of why the CPS Evidence Bill is necessary is CPS’s practice of requiring parents to attend therapy—but then using the therapist as a reporting tool against them. Unlike in other legal cases, where therapy sessions are normally privileged, CPS contracts therapists who are obligated to report anything a parent says that CPS could use against them in court. This lack of confidentiality violates basic due process and underscores the need for stronger evidentiary standards to protect families from unfair prosecution.
Parental Presumption Bill (SB 2052, HB 4656)
This bill strengthens parental rights by establishing a clear legal presumption that a parent’s decisions regarding their child should be upheld by the courts. It sets a high standard for when and how this presumption can be overridden, ensuring that parental authority is only challenged in cases where a child faces significant harm.
Senator Birdwell filed this bill in the Senate (SB 2052), while Representative Vasut filed it in the House (HB 4656).
Child Abuse Registry Reform (SB 1195, SB 1196, HB 2070)
FFP has also supported a bill aimed at reforming the Child Abuse Registry, a list maintained by CPS that can blacklist parents without due process. Under current law, parents can be placed on this registry even if they have never been found guilty of abuse or neglect in a court of law. This reform bill ensures that placement on the registry occurs only after due process and provides a mechanism for parents to petition for removal when appropriate.
In the Senate, Senator Birdwell filed SB 1195 & SB 1196, and these bills have been referred to the Health & Human Services Committee. In the House, Representative Hull has filed HB 2070.
Reforming Termination of Parental Rights (SB 1987, HB 3281)
Another critical reform FFP is advocating for involves tightening the legal grounds for terminating parental rights. Under existing law, CPS can terminate parental rights in situations where there is no evidence of harm or danger to the child. The proposed reform would ensure that termination only occurs in cases where a parent’s actions have directly harmed or placed their child at significant risk.
Senator Hall filed SB 1987 and Representative Dutton filed HB 3281 and HB 116.
The significance of these bills was underscored by Chief Justice of the Supreme Court of Texas, Jimmy Blacklock, during his State of the Judiciary address. He strongly advocated for protecting families from unnecessary government intervention, stating that removing children from their parents should always be a last resort.
Protecting Families in Medical CPS Cases (HB 2071 & HB 3446)
Representative Lacey Hull has filed HB 2071, along with HB 3446, crucial bills aimed at protecting families from wrongful medical allegations in CPS cases. These bills ensure transparency and fairness by requiring that when a specialty consultation is needed in a complex medical case, CPS cannot use a doctor who was involved in the initial investigation as a specialist. Instead, an unbiased, third-party doctor must be called in. Additionally, the bills mandate that all medical records related to the child be immediately released to the family.
Why This Bill Matters: Baby Evelyn’s Story
Baby Evelyn’s case exemplifies the urgent need for this reform. After a traumatic birth involving a vacuum-assisted delivery and an emergency C-section, Evelyn suffered a brain bleed and a rib fracture. Medical experts later confirmed these injuries were consistent with birth trauma. However, doctors at Cook Children’s Hospital failed to consider alternative explanations and wrongfully reported the family to CPS, leading to a months-long legal battle before Evelyn was finally reunited with her family. HB 2071 and HB 3446 aim to prevent families from facing similar injustices.
Raising the Bar for CPS Removal of Children (HB 2216)
Currently, federal law sets a high bar for when CPS is allowed to remove children or terminate parental rights when the family is a native American family. However, child removals for other families are managed under state law, where the legal bar is much, much lower. In fact, the bar is so low that under current Texas law CPS can remove a child from their home for months or years even if the judge, CPS, and the parents all agree that the parents are most likely innocent.
HB 2216 would require that CPS apply the same high bar for child removal that is currently required by federal law for cases involving native american families. These rules are considered the gold standard in child welfare cases and expanding them to protect all families would be a dramatic improvement to the system.
Looking Ahead
FFP remains committed to advocating for these bills and ensuring they progress through the legislative process. With the Parental Rights Amendment advancing in the Senate, the protection of families gaining recognition from the highest judicial office in Texas, and multiple parental rights reforms being actively advanced, FFP will continue working tirelessly to protect families and secure parental rights in Texas.
We will provide updates as these bills move forward. Stay tuned for further developments on these crucial legislative efforts.
Written By: Haley Skrnich
Policy Analyst at Family Freedom Project
As the Texas legislative session progresses, the Family Freedom Project (FFP) continues to champion critical bills designed to strengthen parental rights and reform flawed child welfare laws. Here’s a look at the key legislation FFP has worked with lawmakers and other like-minded organizations and and update on where these bills currently stand.
Parental Rights Amendment Passes Senate Floor (SJR 34/HJR 112) And Is Heard in House Committee
The Parental Rights Amendment, SJR 34/HJR 112, is making significant strides, having passed through the Texas Senate. If approved by the House and subsequently ratified, this amendment would enshrine parental rights in the Texas Constitution, ensuring that parents retain the authority to raise their children.
Jeremy Newman, Vice President of Policy at FFP, testified in support of this amendment, emphasizing its importance in securing parental rights for future generations. After passing the Senate, the bill was heard in the House Committee, where it received a good reception.
CPS Evidence Reform Bill (SB 1971, HB 3758)
Filed by Senator Middleton (SB 1971) and Representatives Vasut and Schatzline (HB 3758), this bill seeks to reform the rules governing evidence in Child Protective Services (CPS) cases. Under current law, CPS is permitted to use evidence that would be inadmissible in most other legal proceedings. This bill would require CPS to follow the same evidentiary standards as required in criminal cases, ensuring due process and greater fairness for families.
Example of Why It’s Needed: CPS Therapy Requirement
One key example of why the CPS Evidence Bill is necessary is CPS’s practice of requiring parents to attend therapy—but then using the therapist as a reporting tool against them. Unlike in other legal cases, where therapy sessions are normally privileged, CPS contracts therapists who are obligated to report anything a parent says that CPS could use against them in court. This lack of confidentiality violates basic due process and underscores the need for stronger evidentiary standards to protect families from unfair prosecution.
Parental Presumption Bill (SB 2052, HB 4656)
This bill strengthens parental rights by establishing a clear legal presumption that a parent’s decisions regarding their child should be upheld by the courts. It sets a high standard for when and how this presumption can be overridden, ensuring that parental authority is only challenged in cases where a child faces significant harm.
Senator Birdwell filed this bill in the Senate (SB 2052), while Representative Vasut filed it in the House (HB 4656).
Child Abuse Registry Reform (SB 1195, SB 1196, HB 2070)
FFP has also supported a bill aimed at reforming the Child Abuse Registry, a list maintained by CPS that can blacklist parents without due process. Under current law, parents can be placed on this registry even if they have never been found guilty of abuse or neglect in a court of law. This reform bill ensures that placement on the registry occurs only after due process and provides a mechanism for parents to petition for removal when appropriate.
In the Senate, Senator Birdwell filed SB 1195 & SB 1196, and these bills have been referred to the Health & Human Services Committee. In the House, Representative Hull has filed HB 2070.
Reforming Termination of Parental Rights (SB 1987, HB 3281)
Another critical reform FFP is advocating for involves tightening the legal grounds for terminating parental rights. Under existing law, CPS can terminate parental rights in situations where there is no evidence of harm or danger to the child. The proposed reform would ensure that termination only occurs in cases where a parent’s actions have directly harmed or placed their child at significant risk.
Senator Hall filed SB 1987 and Representative Dutton filed HB 3281 and HB 116.
The significance of these bills was underscored by Chief Justice of the Supreme Court of Texas, Jimmy Blacklock, during his State of the Judiciary address. He strongly advocated for protecting families from unnecessary government intervention, stating that removing children from their parents should always be a last resort.
Protecting Families in Medical CPS Cases (HB 2071 & HB 3446)
Representative Lacey Hull has filed HB 2071, along with HB 3446, crucial bills aimed at protecting families from wrongful medical allegations in CPS cases. These bills ensure transparency and fairness by requiring that when a specialty consultation is needed in a complex medical case, CPS cannot use a doctor who was involved in the initial investigation as a specialist. Instead, an unbiased, third-party doctor must be called in. Additionally, the bills mandate that all medical records related to the child be immediately released to the family.
Why This Bill Matters: Baby Evelyn’s Story
Baby Evelyn’s case exemplifies the urgent need for this reform. After a traumatic birth involving a vacuum-assisted delivery and an emergency C-section, Evelyn suffered a brain bleed and a rib fracture. Medical experts later confirmed these injuries were consistent with birth trauma. However, doctors at Cook Children’s Hospital failed to consider alternative explanations and wrongfully reported the family to CPS, leading to a months-long legal battle before Evelyn was finally reunited with her family. HB 2071 and HB 3446 aim to prevent families from facing similar injustices.
Raising the Bar for CPS Removal of Children (HB 2216)
Currently, federal law sets a high bar for when CPS is allowed to remove children or terminate parental rights when the family is a native American family. However, child removals for other families are managed under state law, where the legal bar is much, much lower. In fact, the bar is so low that under current Texas law CPS can remove a child from their home for months or years even if the judge, CPS, and the parents all agree that the parents are most likely innocent.
HB 2216 would require that CPS apply the same high bar for child removal that is currently required by federal law for cases involving native american families. These rules are considered the gold standard in child welfare cases and expanding them to protect all families would be a dramatic improvement to the system.
Looking Ahead
FFP remains committed to advocating for these bills and ensuring they progress through the legislative process. With the Parental Rights Amendment advancing in the Senate, the protection of families gaining recognition from the highest judicial office in Texas, and multiple parental rights reforms being actively advanced, FFP will continue working tirelessly to protect families and secure parental rights in Texas.
We will provide updates as these bills move forward. Stay tuned for further developments on these crucial legislative efforts.
Written By: Haley Skrnich
Policy Analyst at Family Freedom Project