Tragic Death in CPS Custody Spurs Calls for Child Protection Reform
A heart-wrenching incident involving the death of a child in the custody of Child Protective Services (CPS) has sparked a growing demand for child protection reform in Texas. The devastating loss suffered by a Harker Heights mother, Leah Joseph, prompts reflection on the existing flaws within the system and the urgent need for change.
Last September, an anonymous tip alleging abuse and drug use led to Joseph’s children being taken away. Despite passing six drug tests and the absence of any signs of abuse, her children were placed in a foster home where her two-year-old tragically succumbed to a respiratory illness after just six weeks.
Child protection advocates argue that a recently enacted law in Texas, HB 60, could have potentially altered the outcome of this heartrending situation. HB 60 allows for reporting of child abuse in a confidential manner, ensuring that the child and family do not discover the identity of the caller while still granting CPS access to crucial information.
Richard Wexlar of the National Coalition for Child Protection Reform emphasizes that anonymous reports are often unreliable and unfounded. Confidential reports, he explains, enable CPS to ask necessary questions, conduct follow-ups, and discern the legitimacy of the report.
HB 60 is just one of the many changes being implemented within Texas’ child protective services. Additional reforms include HB 730, which requires CPS to provide families with a Miranda-warning style documentation of their rights before entering their homes. Meanwhile, SB 2120 establishes a Contract Defender Program, which would pair low-income parents with publicly funded private attorneys. Additionally, HB 1087 mandates that judges document their reasonable attempts to prevent the removal of a child from their home.
Undeniably, these reforms represent important steps towards ensuring the safety and well-being of children. However, individuals like Alan Detlaff, co-founder of the upEND movement, assert that they are mere beginnings and that further actions are necessary. The upEND movement, which originated in Houston, advocates for a more community-based child protection service throughout the state. Detlaff suggests that a system where families and communities assume more responsibility for safeguarding their own children could be more effective, particularly for cases involving neglect rather than abuse or assault.
In the foster care system, neglect accounts for 62 percent of the children being removed from their homes, often due to lack of basic needs such as food or medical care. Detlaff argues that removing these children from their families does not provide the necessary assistance and that a community-based approach could better address their needs.
Notably, children growing up in foster care are at a higher risk of developing issues such as substance abuse, depression, anxiety, and involvement in the juvenile justice system.
Some regions in Texas have already transitioned to community-based child protection systems, and now Waco’s area is set to follow suit. By 2025, the aim is to fully implement these community care models statewide. Saint Francis Ministries, a Kansas-based organization that supports foster care services, has been working with foster care providers in various parts of Texas, including Lubbock, and is optimistic about their potential success in Waco.
Moving towards a community-driven system involves placing the responsibility of placement into the hands of private contractors, thereby reducing the burden on the state.
The tragedy that befell Leah Joseph’s family serves as a painful reminder of the necessary reforms within the child protection system. As Texas implements legislative changes to improve the reporting of child abuse and enhance parental rights awareness, advocates for a community-based approach continue to push for a system that prioritizes familial and community involvement in safeguarding children. As the state strives to create a safer environment for children, these ongoing efforts mark significant progress, albeit with further steps needed to ensure comprehensive reform.
