Texas SB 1406 and 1407

In a press release Friday, Schwertner said many children currently in the foster care system are prevented from engaging in extra-curricular activities, such as after-school sports, due to potential liability concerns for the foster parents and foster care agency.

SB 1407 would amend Section 263 of the state’s family code, which defines the procedure for placing children under the care of the department of family and protective services. The amendment would ensure a foster parent or agency is not liable for harm resulting from age-appropriate activities if the caregiver “exercised the standard of care of a reasonable and prudent parent.”

Schwertner said in the press release that this new bill would allow foster children to live a more “normal” life.

“The state has a fundamental responsibility to ensure that every child entrusted to its care is safe from abuse and neglect,” he said. “Many of these children come from very difficult backgrounds, and I believe we owe them every opportunity to live a normal and fulfilling life.”

The legislation was developed in partnership with the Texas Court-Appointed Special Advocates, or CASA. A representative from the organization’s local branch, Voices for Children, said they had not yet analyzed the bill but were in favor of it.

“I think anything that would normalize our foster youth experience, or anything that makes their living situation the most home-like environment possible is always going to be good for our children and youth,” said Liana Lowey, the executive director of the CASA of Brazos VAlley. “That’s what our CASAs advocate for every day, the most naturalistic environments for our children in foster care.”

Schwertner’s second bill, SB 1406, would expand the use of the existing Child Safety Check Alert List to allow the Department of Family and Protective Services and the Department of Public Safety to locate missing children during an investigation into abuse or neglect.

Earlier this year he filed the Department of Family and Protective Services Sunset Bill, which proposes reforms to the agency charged with overseeing Child Protective Services and the state foster care system.”