Senate Bill 1398 Enhances Family Preservation Services and CBC Transparency in Texas

The Senate Committee on Health and Human Services convened on March 26, 2025, to discuss several significant legislative proposals aimed at improving health and social services in Texas. Key among these was Senate Bill 1398, which focuses on child welfare and family preservation.

Chairwoman Kolkhorst introduced Senate Bill 1398, a refile of a previous bill that aims to address the challenges faced by children without appropriate placements in the foster care system. The bill seeks to limit judges' ability to place children into the Child Welfare Alternative Placement (CWAP) status when suitable placements are available. It also emphasizes family preservation services, both pre- and post-adoption, and introduces independent living services for older youth in foster care.

The bill includes new provisions to enhance transparency and accountability among Community-Based Care (CBC) providers. It mandates that performance data and quality improvement plans be made publicly available on the Department of Family and Protective Services (DFPS) website. This move is intended to ensure that families receive the necessary support and that any issues with service providers can be addressed promptly.

Public testimony during the meeting highlighted strong support for the bill from various stakeholders, including representatives from the Texas Alliance of Child and Family Services and TexProtects. Testifiers emphasized the importance of family preservation efforts and the need for transparency in service delivery. They noted that community-based contractors have successfully implemented family preservation services, which have proven effective in keeping families together and preventing child removals.

Additionally, concerns were raised regarding the selection of service providers for parents involved in the child welfare system. Testimony from Julia Hatcher, president of the Texas Association of Family Defense Attorneys, pointed out potential violations of privacy rights when parents are required to sign releases allowing the DFPS access to their records. This issue underscores the ongoing need for careful consideration of parental rights within the legislative framework.

The committee left Senate Bill 1398 pending, indicating further discussion and potential amendments may be forthcoming. The outcomes of this meeting reflect Texas lawmakers' commitment to enhancing child welfare services and supporting families in crisis, with a focus on transparency and community involvement.