Texas Senate advances Bill 21 65 to protect missing foster children

The Senate Committee on Jurisprudence convened on April 16, 2025, to discuss critical issues affecting foster children in Texas, particularly focusing on Senate Bill 2165. This legislation aims to address the alarming trend of courts dismissing cases involving foster children who have gone missing from their placements, effectively terminating the Department of Family and Protective Services' (DFPS) legal responsibility to provide care and protection.

Senator Parker introduced the bill, highlighting that in 2023 alone, DFPS's legal responsibility was terminated for 23 children classified as missing. This practice has left these vulnerable children without access to essential services and legal oversight, raising concerns about their safety and well-being. Senator Parker emphasized that if biological parents failed to search for their missing child, the state would likely intervene for neglect. He argued that the state, as the legal guardian of these children, should never cease efforts to locate and protect them.

The bill seeks to ensure that courts retain jurisdiction over cases involving missing foster children, thereby prohibiting the dismissal of suits affecting the parent-child relationship while the child is unaccounted for. By maintaining jurisdiction, the courts and DFPS would be mandated to continue efforts to locate and support these children, reinforcing Texas's commitment to safeguarding their welfare.

Public testimony included insights from Sarah Crockett, director of public policy for Texas CASA, who supported the bill, noting that children in foster care are at a heightened risk of trafficking and other vulnerabilities. She stressed the importance of not dismissing cases while children are missing, as this abandonment could sever their access to vital support systems and benefits once they age out of foster care.

Cecilia Wood, a board-certified attorney, also expressed her support for the bill, emphasizing the need for active monitoring and efforts to locate missing children. She suggested that the bill include provisions for the courts to mandate active searches and to reinstate deadlines once a child is found, ensuring they do not languish in the system.

The committee concluded public testimony on Senate Bill 2165, leaving the bill pending for further consideration. The discussions underscored the urgent need for legislative action to protect the rights and safety of foster children in Texas, ensuring they are not abandoned by the legal system during critical times of vulnerability.