After an investigative report by FOX San Antonio highlighted systemic issues in child protective services, Texas lawmakers have taken decisive steps to improve child protection measures. Seven months ago, the case of a one-year-old girl scalded with boiling water brought to light the shortcomings in the protection system, with the child having been left in dangerous family conditions despite Child Protective Services (CPS)'s attempts to intervene.
According to a statement obtained by FOX San Antonio, Rep. John Lujan expressed the urgency of the matter back in November 2023: "We began to act immediately." Rep. Elizabeth Campos also vented her frustrations, "It doesn't make sense that you would leave children in that kind of danger. It's disappointing." It was revealed that CPS had attempted three times to remove the child from her family but were denied each time by the Bexar County District Attorney's Office, citing insufficient evidence.
The investigative report by Yami Virgin brought to light the gap in protecting vulnerable children across the state. "Something is not right," said Campos in a November 2023 interview with FOX San Antonio. The denial of a child's removal by the courts would previously result in the child being returned to potentially harmful environments. Lujan and Campos addressed this by bringing together multiple agencies, including DFPS, CPS, the attorney general's office, the district attorney's office, and a representative from the court system, to better coordinate their efforts.
Rep. Lujan highlighted the critical need for better communication between agencies. In a discussion with FOX San Antonio, he explained the previous process, where if the DA found insufficient evidence, the child would simply be returned to their family. "That's not the way to do things,” Lujan stated. The DA's office traditionally represents CPS in court, with an on-call assistant district attorney available 24/7 for emergency cases. Mauro Valdez, the chief of the Department of Family and Protective Services Division of the Bexar County District Attorney’s Office, explained that more formal cases provide time to examine evidence more thoroughly.
The solution to these challenges came not from new legislation, as lawmakers were out of session, but from practical changes in procedure. Now, instead of closing a case following a denial, CPS will try to ensure children's safety through additional support. "They're going to go back and they can go to child safe, and they work within their jurisdiction to see what do we need to take this child away? And if there's not enough and we just can't get it, what wraparound services now we do to make sure it's successful, and not just walk away from it, but we're going to follow through to make sure the services are there," Lujan told FOX San Antonio.
This shift towards a more robust and responsive system is already making a marked difference. Campos emphasized the significance of proactive intervention by CPS, "They're now taking the initiative that even if the DA office decides not to remove and they feel there's enough evidence that they're going to take the initiative to remove the children If they're in imminent danger." Both Campos and Lujan have expressed optimism about the improvements, highlighting that collective efforts could ensure better outcomes for at-risk children, one day and one child at a time.
