Crystal Lafpione of the Texas Indigent Defense Commission briefed the council on family‑protection representation (court‑appointed counsel in child‑protection cases) and warned that attorney capacity and pay are pressing issues.

Scope and data
TIDC reported that in FY24 there were just over 28,000 children in conservatorship and roughly 9,000 legal removals (court orders placing a child in DFPS custody). These figures understate the total number of court‑involved children because court‑ordered services (families ordered to participate in services without legal removal) are not uniformly reported by DFPS and also require representation, TIDC said.

Attorney capacity and pay
TIDC’s data collection (2021 and 2023) shows 52% of counties reported a decline in the number of attorneys on their appointment lists; 21% reported increases and 18% no change. Fee schedules varied widely: counties reported flat rates, hourly rates, capped fees or combinations. A common simple hourly rate cluster centered near $100 per hour in 2023, but schedules ranged from roughly $60 to $200 per hour in reported counties. TIDC staff warned that untimely payment and inconsistent fee structures contribute to retention issues.

Statutory changes and new requirements
TIDC staff noted two legislative changes to watch: (1) a requirement that each county maintain a fee schedule specifically for court appointments in child‑protection cases (SB 1838, as reported), and (2) an “attorney choice” measure (SB 2501 as discussed) that allows indigent parents to choose qualified counsel, paid at the county rate. TIDC said the new fee‑schedule requirement will improve transparency and data collection; the attorney‑choice provision may strain rural counties with limited attorney pools.

Why it matters
Council members and presenters said the adequacy of counsel in child protection cases affects parents’ and children’s constitutional rights and the functioning of the child‑welfare system. The council was asked to consider making family‑protection representation an interim priority for policy development and support.

Ending
TIDC offered to assist counties seeking federal Title IV‑E reimbursements for representation costs and encouraged counties to plan now how they would use any recovered funds; TIDC will collect fee schedules and practice‑time reports again in 2025 and provide follow‑up data to the council.