May 22, 1996

TO: Sunset Commission Austin, Texas.

Re: DPRS and Child Protective Services.

Gentlemen, As Texas State Representative for the National Coalition of Free Men I have had an opportunity to participate in the various public hearings of the Texas House and Senate with respect to legislation dealing with the family and Texas juvenile justice system. On many occasions I've provided testimony at these hearings, but more importantly, I've utilized these occasions to listen to the concerns of the many other citizens who appeared at these hearings. As a concerned parent, taxpayer, and citizen I am gratified that our legislators also heard these same concerns, and by the fact that the Sunset Commission has wisely chosen to investigate the D.P.R.S (Department of Protective and Regulatory Services) and in particular, Child Protective Services (C.P.S.).

Based on the testimony and my own personal observations at these hearings, the consensus of the citizens I've spoken with indicates that there are several major areas of concern with regard to Texas social policy and its effect on Texas children and families.

Primarily, an overwhelming number of Texas citizens believe that our past and present policies are not only complete failures, but that these governmental intrusions into the lives and circumstances of Texas families are unwarranted and for the most part, have proven counterproductive.

Almost axiomatic in the complaints of the citizens is the view that Texas family policy is agenda based, and that it's programs, agencies, and enforcement practices, are arbitrary, heavy handed, and discriminatory in their implementation.

Indeed, even D.P.R.S./C.P.S. hiring practices seem to discriminate against males in general, and divorced or unwed fathers in particular.

While I am pleased with the Commission's decision to investigate D.P.R.S./C.P.S., I would urge Commission members to insist on the greatest circumspection and probity in dealing with the questions and issues that will doubtless arise from this investigation. Certainly the public would be skeptical of any attempt to minimize the problems in the D.P.R.S. and C.P.S., and given the historic nature of many of these problems, I would urge the commission to take decisive action formulating a strategy to correct these problems.

As for the subject at hand, with regard to D.P.R.S. and C.P.S. I've attempted to summarize these concerns, as well as the solutions that have been suggested to correct the problems at D.P.R.S./C.P.S..

1. According to preliminary research of Audit Reports obtained from the Office of the State Auditor pursuant to a recent open records request:

a. D.P.R.S. is in material noncompliance with federal eligibility and cost requirements for the Child Welfare Services program (CFDA93.645). If D.P.R.S. and C.P.S. are to be continued in any form, the reasons for this noncompliance must be determined and strict accountability and responsibility practices developed to achieve and maintain compliance with all applicable Federal requirements.

b. D.P.R.S. incorrectly charged federal programs for costs incurred for support services provided by T.D.H.S. Such practices discourage public confidence in government while masking the true cost to the taxpayers. Procedures must be implemented to avoid such problems in the future as well as develop accountability of agency administrators and personnel.

c. D.P.R.S. incorrectly charged the Title IV-E Foster Care Program (CDFA 93.658) for an estimated 2.9 Million in foster care maintenance costs that are not allowed under the program. The same suggestions indicated in item B above would apply in this case. However, as the practice seems widespread, I would suggest that clear regulations and processes be developed to allow for criminal prosecution should such problems continue.

Essentially, we're talking about the misappropriation or misapplication of federal funds, an act that should and does have consequences.

d. D.P.R.S. utilized federal funds to pay for settlements of lawsuits in which the department allegedly violated federal and state laws and regulations. Strict accountability and criminal prosecution of department administrators and personnel who participated in both the alleged violations (if proven in a court of law), and immediate dismissal of administrators and personnel who authorized the use of federal funds to pay for their own lack of oversight.

e. D.P.R.S. did not comply with federal debarment and suspension requirements. The solution would seem to be to identify the correct procedures to meet these requirements, determine if such procedures have and can be complied with, and discipline or remove any administrator or personnel who fail to "do their job".

f. D.P.R.S.'s annual financial statement and related Federal Financial Assistance Reports are not accurate. As the state of Texas has already implemented reasonable record keeping requirements and established practices for tracking and reporting methodology, the problem in this instance appears to be one of administrative oversight. The solution, again, would seem to be to validate that the correct accounting and reporting mechanisms exist and are in place, and then to remove any administrator or personnel who fail in their duty to "do their job".

2. Child Protective Services, if allowed to continue, must be rebuilt from the ground up. Of manifest importance, that C.P.S. workers be held accountable for their actions. Presently, C.P.S. workers are immune from prosecution. Such immunity protects C.P.S. workers who frequently lie or misrepresent the facts for personal gain, or in pursuit of an agenda. During A.B.C. Television's expose of Texas CPS in the program entitled "Voices of Veterans in the War on Child Abuse" citizens learned that almost 50% of C.P.S. workers never actually leave their office or inspect the conditions or circumstances of the children they are charged to protect. Frequently such case workers depend on ex parte' conversations with attorneys (in contested divorce cases) or the reports of court appointed psychologists, instead of following established procedures.

Further, based on information and evidence from present and former C.P.S. workers, concerns have been voiced regarding the disproportionate number of  "former abuse victims" who are themselves employed by C.P.S .in the capacity of case workers.

Additionally, concerns were also expressed regarding the disproportionate number of  C.P.S. administrators and personnel who have chosen, (and I assure you that I am not a prude, nor would I willingly discriminate against anyone, I'm simply trying not to be indelicate) to pursue an "alternate lifestyle".

Certainly no one can deny that an alternate lifestyle is a matter personal choice among consenting adults, and is therefore best left to the privacy of  the individual. I am loathe to even suggest any impediment  to employment of otherwise qualified individuals based simply on sexual preference. However, given that C.P.S. workers wield enormous power, the ability, as it were, to destroy an entire family with the stroke of a pen, I feel that it is not unreasonable that citizens might want some assurances that the decisions that affect their children and families be made by honest, objective, well trained, committed individuals who are aware of the stresses that confront the average family? Further, can anyone doubt that the decisions made by C.P.S. personnel must be based on facts, and therefor should not and must not be colored by personal preference or agenda? Certainly we all agree that those individuals entrusted with the lives and circumstances of our children should and must be held to the highest standard of ethics and accountability.

Having established this foundation, one need look no further than D.P.R.S. own statistics to determine how drastic things have become. Dallas/Tarrant county lead the state in the number of confirmed child abuse and neglect cases. This past winter, utilizing D.P.R.S. own numbers, W.F.A.A. Television (Dallas' ABC affiliate) determined that the safest place for a minor child, especially in contested divorces, was in the custody of their divorced or separated biological father. Indeed, these same statistics indicated that by returning a child to an abusive, albeit intact (mother and father still married and living together) home, the likelihood of a child's chances of injury or death were increased almost 300%. Equally alarming were the statistics that indicated that placing or returning a child to the custody of a divorced or separated mother increased a child's likelihood of injury or death by almost 200%.

Given these grim statistics is it any wonder that so many citizens feel that C.P.S. has abdicated it's role as protector in pursuit of an agenda? That so many citizens feel that D.P.R.S. and C.P.S. discriminates against males and fathers in particular seems credible.

While most feel that the best interest of Texas children would be best served by shutting down C.P.S., it is my view that any replacement agency, free of this Commission's scrutiny, will arise from the ashes far worse than C.P.S. has ever been. With the criterion of fixing the problems at C.P.S. as basis, I would offer the following suggestions:

1. Eliminate immunity of C.P.S. administrators and personnel. If we are to reestablish the public's trust, if we are to entrust the lives of our children to these people, than we must demand strict accountability from these individuals.

2. Establish a civilian review board made up of diverse community representatives, similar to police civilian review boards, to hear complaints and allegations filed against C.P.S. personnel.

3. Transfer all investigative functions to state or municipal law enforcement agencies. C.P.S. workers are not trained for this sort of work.

4. Require in-depth pre-employment background checks of all D.P.R.S. and C.P.S. administrators and employees. Periodic reviews would also be helpful as it would identify possible problem areas that frequently develop in career employees.

5. Provide for in-depth pre-employment training as well as mandatory continuing education training for D.P.R.S. administrators and personnel in all aspects of family relations, societal and cultural sensitivity, social work, and the so-called "recovered memory syndrome". Also advised, requiring female personnel to attend gender sensitivity training with respect to the concerns of fathers, an area that has been intentionally overlooked; such diversity training would be of enormous help. Note; It is my understanding that Texas presently has a program directed at male personnel that requires attendance and training for its male personnel, and I, therefore felt that suggestions in this area were unnecessary.

6. Eliminate attendance of "pop psychology" seminars that encourage unwarranted investigations based on the unsubstantiated claims and histrionics of so-called experts. By limiting continuing education credit awards to attendance at sanctioned schools or training programs, both personnel and the public are protected.

7. Require all C.P.S. case workers to do some portion of their work in the field and to document thoroughly the actions and efforts on behalf of the children involved. Administrators would be charged and required to provide oversight of their employees and would be held strictly accountable for the actions of their personnel.

8. In situations where the actions of a C.P.S. worker result in the injury or death of a child, and where such actions can be proven to be the result of the illegal or unethical actions of said C.P.S. worker, or the result of said worker's failure to notify administrators of improprieties or irregularities or the illegal or unethical actions of others, or the result of the failure of the C.P.S. worker to exercise due diligence or to act responsibly in the best interests of the child, the District Attorney should be allowed to seek indictments and/or to prosecute all involved parties as accessories to a felony.

9. Require pre-employment and periodic psychological and substance abuse testing for D.P.R.S. and C.P.S. administrators and personnel, all Family Court Guardians ad litem, as well as court appointed psychologists and psychiatric experts, and every member of the Family Court Judiciary.

10. Require weekly and monthly "status reports" from case workers in any case where a child has been injured. We cannot allow these kids to be shuffled around, hidden out, or alienated while C.P.S. determines what to do. Similarly, these follow-up reports would provide an audit trail that would mitigate against C.P.S. workers allowing a child to remain in or be returned to any situation where repeat violence has occurred.

11. Expand and enhance employment outreach in order to establish balanced diversity among C.P.S. personnel. Given the present salary and benefits package enjoyed by C.P.S. personnel, often exceeding the starting rate of many area law enforcement agencies, it defies rationale that males, especially Anglo and Hispanic males aren't represented proportionately.

In summary, the view of many that C.P.S. should be shut down seems valid, especially in light of a cost to benefit ratio. At any length, no one denies that D.P.R.S. and C.P.S. are dismal, dangerous failures that cannot be allowed to continue to operate as they have in the past. Given the stratospheric increases in the departments budget, its growth and size belie its successes. Despite the monumental failure of D.P.R.S. and C.P.S. the protection and safety of children are of paramount concern.

Rather than provide these same self-interested bureaucrats and social engineers with another chance to hide their failures in the funding opportunities of a new, and possibly even more horrendous bureaucracy, I would encourage this Commission to listen to the parents and families of our communities. Instead of placing our faith in the bureaucratic wish lists of those who benefit from these same failed social policies, we should enact laws and regulations that will hold their feet to the fire and see that they perform the jobs they were hired to do. This commission must take decisive action and give our legislators the tools they need to fix this problem and protect our children.

In closing, I would like to thank the commission members for affording me the opportunity to share my views on this important issue and for allowing me to offer these suggestions. I look forward to an opportunity to assist the commission in the future.

Sincerely

Ed Devine
Texas State Representative
The National Coalition of Free Men

N.C.F.M. National Headquarters P.O. Box 129 Manhasset, NY 11030

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