A Petition in Behalf of the
Forsaken Children of Texas to the
Governor and the 76th Legislature
Executive Summary
October 14, 1998
Judge F. Scott McCown
This petition is about investigations by the Texas Child Protective Service of allegations of child abuse and neglect. This petition will show that due to a lack of resources:
- CPS classifies too few calls about children as reports of abuse or neglect.
- Of those calls classified as reports, CPS assigns too few for investigation and completes the assigned investigations too slowly.
- Of those investigations completed, CPS confirms too few cases.
- Of those cases confirmed, CPS removes too few victims.
This executive summary is written to tempt you to read the petition, which explains this critical problem. This problem is a state policy and resource issue, not an agency management or accountability issue. CPS cares about children, works for children, and manages state resources responsibly. This is a problem that only you can address.
CPS classifies too few calls about children as reports of abuse or neglect.
- About 5.5 million children live in Texas,
- Of which about 900,000 are at risk of abuse or neglect;
- And of which 1.5 million live in poverty.
CPS receives 360,000 calls a year about children.
- The percentage of those calls that CPS classifies as reports of abuse or neglect is consistently below the national rate.
- If Texas CPS classified at the national rate in 1996, 86,448 more childrenwould have been the subject of a report.
- What CPS does would be like a police department, overwhelmed with an increasing number of calls to 911, reducing the number of calls to which a police officer must respond by applying an increasingly less-inclusive definition of crime so there are fewer cases or requiring an increasingly greater amount of information about an alleged crime before opening a case.
Of those calls classified as reports, CPS assigns too few for investigation and completes the assigned investigations too slowly.
- Of the calls classified as reports of child abuse and neglect in 1997-98, CPS investigated only 60%--the lowest rate in eight years.
- In 1993, CPS investigated 112,119 cases. In 1997-98, the average for the two years is 93,445 cases--the lowest number of investigations in five years.
- In 1993, CPS investigated 21.91 cases per 1000 children in the population of Texas. In 1996, CPS investigated 18.47 cases per 1000 child population. In 1997-98, CPS investigated only 16.93 cases per 1000 children in the population--an eight-year low.
- These numbers represent real children. Investigations have fallen from 34.8 children per 1000 in 1993 to 27.3 as the average for 1997-98--the lowest point in seven years.
Of the investigations completed, CPS confirms too few cases.
- From 1990 to 1996, the U.S. had an 18% increase in confirmed cases, while Texas had a 27% decrease in confirmed cases.
- Since 1985, the percentage of investigations confirming abuse or neglect has fallen from 56.4% to 28.3%.
- In 1985, CPS confirmed abuse and neglect of 62,233 children. In 1997-98, with both increasing numbers of children in Texas and increasing numbers of children in poverty in Texas, CPS confirmed an annual average of only 41,749--a drop of 20,484 children.
Of those cases confirmed, CPS removes too few victims.
- In 1996, Texas ranked thirtieth of the thirty-five states reporting removal rates. In 1996, Texas was .022%; the national median was .052%; the national average was .061%.
- If Texas had removed at the national median rate in 1996, CPS would have removed 4,536 more children from abusive or neglectful homes than it did. If Texas had removed at the average rate in 1996, CPS would have removed 5,897 more children from abusive or neglectful homes than it did.
- In 1997, Texas removed only 7,723 children. At the average rate for the biggest states, based on total child population, Texas should have removed 14,040 children.
CPS lacks the resources to do better.
- Remember the hypothetical overwhelmed police department that started screening 911 calls tighter and tighter? Imagine what would happen if that department had to both catch the crooks and lock them up out of the same budget. As more and more crooks were locked up, there would be less and less money to catch new ones. CPS faces a similar problem. As more children are rescued and placed in foster care, there is less and less money to rescue other children.
- Since 1985, there has been a 34% drop of staff per 1000 children in CPS' conservatorship and a 47.4% drop of staff per 1000 children in foster care.
- The Child Welfare League of America recommends that investigators carry 12 cases. The average caseload statewide in Texas is 27 cases.
CPS is like an overloaded rescue boat on a perilous sea: to protect children, the CPS rescue boat must arrive quicker on the scene with more room on board and more hands on deck.
Forsaking Texas' abused and neglected children is costly-
--to the victims
"Children who are abused or severely neglected are at an extremely high risk of developing emotional, behavioral, social, and intellectual disabilities."
Starting Smart: How Early Experiences
Affect Brain Development
--to society
- The National Institute of Justice of the U.S. Department of Justice studied a large group of abused and neglected children for many years. The NIJ reports that 49% of the abused and neglected group have been arrested --18% for a violent crime. 26% were arrested as juveniles; 29% were arrested after reaching adulthood.
- Compared to children who had not been abused or neglected, the sample group were younger at first arrest, committed nearly twice as many offenses, and were arrested more frequently.
- The NIJ offered three conclusions: CPS should intervene early. CPS should develop policies that recognize the high risk of neglect as well as abuse. CPS should not hesitate to remove children when appropriate.
Because Texas is blessed with an $8 billion budget surplus, the 76th Legislature has an historic opportunity to act.
Fund Prevention
- Prevention means programs designed to identify children at risk of abuse and neglect and to provide services to prevent abuse and neglect.
- Prevention provides the most good for the least dollars.
Fund Early Intervention
- Early intervention means responding to reports when they are small--the opposite of our present policy of "triage."
- Early intervention saves money in the long run.
Fund Permanency
- Permanency means moving children quickly back to rehabilitated homes or forward to adoptive homes.
- Permanency frees space on the boat for children in the water.
When the 76th Legislature convenes in January 1999, it should:
- Set aside at least a penny for every dollar of the surplus to be appropriated to the Child Protective Service on top of its base budget to be spent on early intervention and permanency for abused and neglected children. Added to matching federal funds, CPS could rescue many more children.
- Set aside at least an additional penny for every dollar of the surplus to be appropriate to any agency--TDH, TEA, TDMHMR, CPS, TJPC, TYC--with a worthy plan for the prevention of the abuse and neglect of children.
Texans will support this bold step.
- A 1997 statewide survey conducted by Texas A&M University found that 90% of Texans feel the prevention of child abuse should be a very important priority for Texas.
- 75% of Texans would even pay higher taxes for prevention programs and services.
- For the sake of the children, for the sake of Texas, Texas must act.
