Emily has been removed from her home and placed in the Texas foster care system.  

It all started when Emily’s teacher called the Texas Abuse Hotline after noticing what appeared to be large bruises on her arm. Teachers, doctors and other professionals are legally required to report suspected abuse or neglect within 48 hours. 

After a report is made, an investigator interviews the child, the parents and other people. If they determine that the child is not safe, a hearing is held, and the judge can grant the investigator permission to temporarily remove the child from their home. 

In Emily’s case, the investigator determined that domestic violence was taking place in her home, and that her father had injured her.  

When a child is removed from home, they are assigned a caseworker and taken to a temporary placement. This may be: 

• the home of an approved relative (kinship care), 
• a foster home, 
• a cottage home, 
• an emergency shelter, or 
• a residential treatment center if they need more specialized care. 

The ideal situation is one that will cause the least disruption possible in the child’s life, which most often means kinship care. In Emily’s case, she has been placed in a foster home because her caseworker was not able to locate a relative who was prepared to take her in. 

It is a common misconception that children in foster care like Emily have been “saved,” and now no longer need any more help – this could not be further from the truth. Each of these children has experienced trauma, and is now suffering additional trauma and feelings of grief, loss and confusion after being suddenly uprooted from their family and home community. The judge found that Emily’s home was unsafe, but to her, it’s still her home, and the only one she has ever known. 

Foster care is not the solution for children like Emily. It is a temporary solution, and the less time children must spend in foster care, the better. By law, the Department of Family and Protective Services (DFPS) has up to one year to develop and execute a plan to get Emily out of foster care and into a safe, permanent living situation where she can begin to heal. The ideal outcome is reunification with her family if her parents complete the needed services and demonstrate that they can provide a safe environment. If this is not safe or possible, the next-best option is for her to live with other relatives or family friends. If neither of these options prove possible, a non-relative could adopt Emily.  

Or, the state could take permanent custody and she could remain in foster care – which is not what we want for Emily or any kid.

When we last saw Emily, she had just been removed from her home and placed in the foster care system. Since then, a lot has happened very quickly.  

1. Emily has been appointed an attorney and a CASA volunteer. 

When a family is in crisis and becomes involved in the foster care system, a CASA volunteer may be appointed by a judge to advocate for the child. CASA volunteers are everyday community members who are specially trained to advocate for children and their families. Their first priority is to reunite the child with their family of origin. If that is not safe or possible, they advocate for the child to live with other relatives or family friends. After this, they work towards non-relative adoption.  

Whatever the circumstances, CASA volunteers stay by the child and family’s side throughout the duration of the case, working to ensure their needs are met while they’re involved in the foster care system and that they are safe and supported. You can visit www.BecomeACASA.org for more information about what CASA volunteers do.  

2. Emily saw her mother for the first time since she was removed from home. 

According to current Texas law, parents must have the opportunity to visit their child no later than five days after the child enters state custody, as long as there are no significant safety issues or a court order prohibiting visitation. Generally, the first visit is supervised by a caseworker.  

3. The first court hearing has taken place. 

In all cases involving the removal of a child, the state files a suit affecting the parent-child relationship. This “adversary hearing” must be held within 14 days of the child being removed from the home, unless the court grants an extension of the removal. The purpose of this hearing is to: 

• determine whether the removal was warranted, 
• determine whether continued out-of-home placement is required, and 
• obtain temporary orders for the protection of the child pending resolution of the lawsuit, if continued out-of-home placement is required. 

After hearing the evidence and reviewing the circumstances of the case, the judge may decide to: 

• Close the case and return the child home outright, 
• Return the child home with monitored family reunification services, or 
• Grant DFPS continued temporary custody over the child if the home is deemed too unsafe to return. 

In Emily’s case, the judge ordered that DFPS retain temporary custody, and she stay in foster care for the time being. 

4. Emily has moved to another foster home.

Just when Emily seemed to start adjusting to her foster home, the rug was pulled out from under her. 

Typically, a foster family must give 30 days’ notice if they can no longer care for the child, but in Emily’s case, everything happened very suddenly due to an unexpected death in the family. Regardless of the reason for the disruption, and regardless of the amount of explanation given to the child, each placement move takes a negative toll.  

Multiple moves are traumatic and can have a devastating impact on a child in foster care’s self-esteem, and their ability and willingness to attach to and build trust with the adults in their lives. Additionally, the more a child has to move, the more likely they are to fall behind in school. 

We hope that Maria’s role as an advocate for Emily will start giving her some much-needed stability. 

Emily’s relationship with Maria is starting to grow. At the same time, the professionals and family members in her life are kicking into high gear. 

Emily’s caseworker is tasked with creating a service plan for the family, a visitation plan, and setting up a meeting for all the professionals and advocates to create a service plan for Emily.  

A family’s service plan describes the changes the parents need to make, and what services they need to participate in, to demonstrate that they can offer a safe environment for the child. When possible, the parents work together to complete a service plan – but because Emily’s mother is a survivor of domestic violence, she and the caseworker made the decision to do her service plan separately from Emily’s dad. 

The child’s service plan details what services and supports will be provided while they are in foster care to ensure their social, educational, physical and emotional needs are met. The child’s service plan is informed by conversations with everyone involved, as well as three assessments the child must undergo within 30 days of entering foster care. The first is an emergency medical exam that must take place within the first three days. The second is the Child and Adolescent Needs and Strengths (CANS) Assessment – an evaluation that gives professionals on the case a better idea of the trauma the child has experienced, services that may help, and existing strengths they can build on. The third is a thorough checkup with lab work, called the Texas Health Steps Medical Checkup.   

The parents are given the option of inviting relatives and other people close to the family (known as fictive kin) to participate in their service planning. If they want to, the caseworker sets up a family meeting. 

At this meeting, parents, relatives, friends, CASA, attorneys and others involved come together to discuss needs and strengths of the family, and ways they can offer support. In Emily’s case, her mother, her paternal grandparents, her CASA volunteer Maria, her foster mom and her caseworker attended her family meeting. Emily’s father was not invited to participate due to safety concerns. 

After the family meeting, Emily’s mother and the caseworker decided that, in order to ensure a safe environment for Emily, her mom would: 

• Undergo a psychological assessment, 
• Participate in individual therapy, and
• Maintain safe, stable housing separate from Emily’s father and give proof of employment. 

It was also decided that the caseworker would recommend to the judge that they continue a supervised visitation schedule between Emily and her mother – and that is not currently in Emily’s best interest to have visits with her father. 

In a separate meeting, it was decided that, in order to be considered for further involvement in Emily’s life, Emily’s father would be required to: 

• Undergo a psychological assessment, 
• Submit to a drug and alcohol assessment and regular screenings, and 
• Participate in individual therapy, as well as a batterer intervention program. 

Children in foster care are generally required to attend their court hearings to ensure their voice is heard. Maria knows that this will be scary for Emily. That’s why she does everything she can to make her feel safe, even going so far as to craft a cardboard sword of her own. 

The status hearing is held within 60 days of DFPS assuming temporary custody of the child. The purpose of this hearing is to review the details of the case, the child and family service and visitation plans, and the permanency plan (the plan for safely getting the child out of foster care).  

After hearing from the legal advocates on the case, the judge speaks with the child. Emily decided that she wanted to speak with the judge privately, with Maria there. 

The judge also speaks to each parent, ensuring they are aware of their service plans, and gives them the chance to ask questions and comment. Emily’s parents have both agreed and signed on to their service plans. As of now, Emily’s father is still not permitted visits with Emily. He will be considered for further involvement as long as he follows his plan.  

After hearing from all parties involved in the case, the judge: 

• Approves DFPS continuing with temporary custody of the child (or if it is determined that the child can safely return home, orders the child be returned home). 
• May make orders related to the services either the child or the family are receiving, or may make modifications to and/or approve the visitation plan. 
• Formally asks all parties present whether the child or the child’s family has a Native American heritage – these children are subject to different legal requirements under the Indian Child Welfare Act (ICWA). 
• Reviews and approves the permanency plan for the child, which is the plan for moving the child out of temporary care and into a safe and permanent living situation.  

In Emily’s case, the plan is reunification with her mother pending completion of her ordered services, with a concurrent plan of adoption by a relative in the case reunification is not safe or possible. 

Maria is continuing to advocate for Emily in various areas of her life, including by keeping an eye on her emotional and social needs and helping to create a support system for her and her family. 

Emily expressed that she’s been struggling with being treated differently now, something that many children in her situation deal with. Because they tend to move from foster home to foster home, these children constantly have to be “the new kid.” As if this weren’t exhausting enough, Emily’s frequently having deeply personal conversations with the professionals in her life. And, though she gets to see her family, she’s still not home, and the removal process has been taking a toll on her family as well. 

As the advocate who has spent the most time with Emily and has the most in-depth understanding of her unique needs, Maria knows that none of this is fair to her, and she’s doing what she can to help her cope. By taking Emily out on fun outings, she’s taking her mind off of the situation, even just for a short time. As a bigger-picture solution, she’s advocating for Emily to go to live with her grandparents where, not only would she be back in a familiar home with family, but she’d also get to go back to her original school. 

The Lifetime Network 

A second family meeting has taken place in advance of the next hearing in Emily’s case.  

Right now, the permanency plan for Emily is still reunification with her mother, as long as her mom continues to follow her service plan and demonstrates that she can provide a safe environment. The reality, however, is that children who are reunified or adopted face a risk of re-entering foster care if their family does not have enough support and the resources they need.  

To address this, the family meeting was also centered on creating a lifetime network for Emily and her mother – a dedicated team of committed family and other adults who will work collaboratively to ensure that the permanency plan (reunification) is supported and successful. A lifetime network, just like its name implies, is meant to last a lifetime – even after CASA and DFPS involvement ends. The ultimate goal is to create such a network for the child and family; or if one is already in place, to strengthen it. 

Emily’s mother is grappling with trauma from her abusive relationship. So right now, Emily’s lifetime network is focused on ensuring her mother has supportive, reliable people in her life and access to the help she needs to heal. The group has agreed that they will all check in with her regularly to see how she’s doing, and ensure that she’s keeping up with everything promised in her service plan.  

Now that Emily and her mother are surrounded by family and other adults who care about them and are willing to offer support, it is much more likely that the plan for reunification will be successful.  

Emily has moved to a kinship placement. 

When a child is removed from their home, a relative or family friend will sometimes step forward to care for them – this is called “kinship care.” DFPS is required to prioritize placement with kinship caregivers when possible. 

Emily’s grandparents expressed that they would have cared for Emily when she was initially removed from her home if they had been able – and now that Grandma has recovered from surgery, they want her to live with them. Emily’s caseworker completed a home assessment and a risk assessment, tools to ensure she will be safe in their care, within 15 days. Emily’s grandparents completed background checks and criminal history checks.  

Everyone involved in Emily’s case believes this move is in her best interest, but that doesn’t mean it’s easy. After all, placement changes – regardless of the reason – always take a toll on children, so Maria is doing what she can within her role as a CASA to help Emily and her grandparents with the move. She’s also getting ahead of the transition by working with Emily’s therapist to develop a plan, and to ensure her transfer back to her original school goes as smoothly as possible. 

The initial permanency hearing has taken place. 

The initial permanency hearing is held within 180 days of DFPS assuming temporary custody of the child. At this hearing, the court reviews the status of the child, reviews the permanency plan and schedules the case for a final hearing. This is to ensure that a final court order consistent with the permanency plan can be rendered before the case is dismissed. 

The judge again hears from all parties involved in the case. 10 days prior to the hearing, the caseworker is required to submit the Permanency Plan and Progress Report, in which they update the court on various areas of the child’s case, such as: 

• Whether all relevant individuals involved in the child’s case have been located, contacted and served; 
• Whether the child’s physical, emotional, social and educational needs are being met; 
• The suitability and safety of the child’s placement; 
• Progress towards the child’s permanency plan; and other significant events, issues and recommendations. 

Emily’s permanency is reunification with her mother pending completion of her ordered services, with a concurrent plan of adoption by a relative in the case reunification is not safe or possible. Now that Emily is living with her grandparents, she is back with family in her home community, closer to her mother. Maria and the other advocates on the case know that the more quality time Emily and her mother can spend together while she is in foster care, the stronger their relationship will be, making a reunification more likely to be successful. 

The next permanency hearing will take place within the next 120 days. 

Emily’s mom has been approved for supervised visits at the grandparents’ home instead of the caseworker’s office. They can happen as regularly as every day to once a week as long as they are supervised. 

Emily and her mom have also started family therapy, as recommended by her CASA volunteer Maria and approved in the initial permanency hearing by the judge. The counselor first met with Emily and her mom together, and agreed that it’s best for them to continue to have joint sessions. 

Strengthening the Lifetime Network 

Emily’s team has come together for a third family meeting to continue to discuss progress towards meeting her biggest unmet need: “Emily needs, deserves and has the right to a stable, safe, unconditionally loving home, with family, forever.” 

In this meeting specifically, the team focused on strengthening the lifetime network for Emily and her mother. Because Emily’s mom has been successfully meeting all of the steps of her service plan, reunification is very likely. This meeting was to ensure that the network understands their role in supporting Emily and her mom after the case closes and all of the professionals are out of their lives. 

Together, the team created a Calendar of Support that lists upcoming activities like birthdays, school functions and outings. They then discussed questions like: Who is invited to these celebrations? Who is there to watch Emily if she is sick and her mom has to work? Who will help out to give Mom a break? Emily’s grandparents and aunt discussed how they will play a role in her life moving forward. 

Providing Normalcy 

Maria also used the meeting to bring up Emily’s concerns about seeing her old friends again. The team decided to set up time for Emily to visit with her friends before school started. This way they could talk more privately if Emily wanted to, and she wouldn’t have to continue to worry about potential confrontations leading up to school starting next month. 

It was also suggested that Emily have a sleepover at her best friend’s house. Under past laws, any sleepovers would have to be approved by the DFPS supervisor, and all adults in the home where the child would be staying would have to have a background check. However, thanks to legislation supported by Texas CASA and passed during the 84th Legislative Session, Emily’s caregivers – her grandparents – are able to approve normal childhood activities, like sleepovers, without additional steps.  

Seemingly simple experiences, such as having friends and spending time with them, can vastly improve a young person’s disposition and development. Friendship and socialization are essential in maintaining health and psychological well-being. Emily is now better able to experience normal childhood activities, helping her continue to develop emotionally during this difficult time. 

In Emily’s case, this includes information like: 

• The fact that Emily is currently in foster care and living with her grandparents, 
• Her mom has visitation rights and will be dropping her off and picking her up on occasion, and 
• Emily’s caseworker’s contact information. 

One of the many roles of the CASA volunteer is that of “education advocate.” The fact is, the odds are stacked against children in foster care, including when it comes to educational success. Foster placement changes tend to lead to school changes, causing many children to fall behind. This reality, paired with the fact that these children are expected to keep up their grades and behavior while processing multiple traumatic experiences, means that they need a dedicated advocate by their side who will provide caring support, explain their situation to school personnel and fight for their rights when needed. 

Emily’s mom has been approved for unsupervised visits for two hours per week. During these visits, she is allowed to take Emily on outings without her grandparents or anyone else on the case. After a couple of weeks of these visits, the natural progression will be to graduate to overnight visits – her mom will be allowed to take Emily for the weekend, assuming she continues following her service plan. This is a typical scenario for cases like Emily’s, where the permanency plan is reunification. 

These visits will be reported back to the judge at the upcoming permanency review hearing. At this hearing, Emily’s caseworker, Maria, Mom’s attorney and Dad’s attorney will provide updates on the case, and each will make recommendations for next steps. Emily’s father will also be in attendance. He has not been on the same pace as Emily’s mom but does seem to be making steps forward. 

With that in mind, Maria has started prepping Emily and gauging her response to her dad. She plans to include Emily’s therapist so that both of them can prepare her for next month’s hearing. 

The second permanency hearing for Emily’s case has taken place. 

This hearing occurs within 10 months of an open case – 120 days after the initial permanency hearing. Permanency hearings must take place a minimum of every 120 days while the child is in state custody. In Emily’s case, since there are plans for family reunification, this will likely be the last permanency hearing before her final hearing, which will take place within the one-year anniversary of her time in DFPS custody.  

At this hearing, Emily’s attorney, caseworker, CASA volunteer and therapist were all in agreement for a full monitored return home with her mother, and presented this information to the judge. They also proposed to the judge that, since Emily has indicated that she’s ready, she should have a visit with her father, at her therapist’s office. 

The judge ordered the monitored return. This means Emily can return home to live, full time, with her mother, with DFPS maintaining temporary custody and her caseworker checking in from time to time. He also ordered Emily’s first visit with her dad at the therapist’s office and reiterated that he cannot have contact with her mom. 

Emily continues to process her relationship with her father. 

Emily’s father has taken steps in a positive direction by attending Batterer’s Intervention and Prevention class, and counseling. Make no mistake – there is no excuse for his past actions. However, if he continues to acknowledge his abusive behavior, demonstrate progress and maintain sobriety, there is a good chance that visits with Emily can continue. 

Maria and Emily’s therapist are continuing to talk with her about her dad – they want to be as open with her as possible, gauge her feelings toward him and be on the lookout for any changes in those feelings. 

Now that she has worked intensely with her therapist, Emily has started to reflect on the good memories with her father rather than just the bad. After all, just like the fact that Emily’s home was the only home she had ever known when she was removed; her father is the only father she’s ever known – and despite his damaging behavior, she still has a connection with him. If the first visit goes well, DFPS and CASA will work with Emily and her therapist to develop an ongoing supervised visitation schedule (likely supervised by Emily’s grandparents) so that Emily’s mother does not have to have contact with him, but Emily can build a new, healthy relationship with him, if possible. 

Emily is home with her mother! 

Though Emily is now home with her mom full time, she remains in the legal custody of the state until the judge dismisses her case. Dismissal will likely happen when the judge decides reunification has been achieved and her mother has been granted custody. Other reasons a case can be dismissed are: 

• Permanent custody is transferred to someone besides the state,  
• the child is adopted, or 
• the child ages out of foster care at age 18. 

Coming home and being with her mom is all Emily has wanted! But at the same time, she is having to grapple with some trauma from her time in foster care – leftover feelings of transience, and a lack of a sense of place, control and ownership. Her mother picked up on this and talked with Maria about what to do, and Maria proposed that they get her some new things for her room and let her repaint it. This, both literally and symbolically, gives Emily a fresh start – as well as a renewed sense of belonging in her home and her personal space.

First Visitation with Dad 

While Emily’s dad was originally slow to start making progress with his service plan, he is now actively engaged in taking steps in a positive direction. He is midway through his course, called a Batterer’s Intervention and Prevention program, offered by the local domestic violence center and required of him by the judge. In that class, he meets with a group of other men and a therapist for two hours every week. The program focuses on accountability and understanding that his actions were about the use of fear and violence to control others. He is learning different ways to manage his feelings and how to take responsibility for what he has done. He’s also learned about the impacts of trauma on children, and is motivated not to injure Emily any further. 

After months of therapy, and support from Maria, Emily was finally ready to see her dad.  

All parties felt the visit went well and have started to develop an ongoing supervised visitation schedule for Emily to see her dad. The visits will now take place bi-monthly and will be supervised by her grandparents. He will continue to have no contact with her mother. 

Network of Support 

Emily has been back at home with her mother for the past month. At Emily’s second permanency hearing, the judge ordered a full monitored return home. The monitored return has been going well, and the family support network has played a large role in this. Both Emily’s grandparents and aunt have continued to help support Emily and her mom during this transition. The aptly named lifetime network means all people involved are actively working toward one goal: “Emily needs, deserves and has the right to a stable, safe, unconditionally loving home, with family, forever.” 

One fun and useful thing that the team did a few months ago was create a calendar of support that lists upcoming activities like Halloween, birthdays, school functions and outings, and who is invited to these celebrations. Everyone put the events in their own personal calendars, and Emily’s mom put a big calendar on the kitchen wall so Emily can see what is coming up, too. By supporting Emily, the team is supporting her mother and creating a lasting network that will continue to help Emily and her mother after DFPS and CASA’s involvement ends. 

Emily and her mother are feeling safe, connected, loved and supported. 

Thanks in no small part to the help of their extended family, Emily and Mom are feeling much more stable than they did when she was removed from home 11 months ago. At first, Emily’s mom was a little worried about Thanksgiving – since it was Emily’s first holiday back home, she wanted to make it special, but she was unsure whether she’d be able to afford it. But Maria reminded her that she’s not alone: she’s surrounded by people who love her and Emily, and want to support them. Her mom expressed the money worries to the family and her church, and they decided to make it a potluck. 

As long as Emily’s father continues to take positive steps forward both personally and in his relationship with Emily, and he has the support of her grandparents, supervised visits will continue. Although their relationship is improving, that doesn’t erase what he did to hurt Emily and her mother. Emily will always have to grapple with his past abuse; but new, positive memories like spending the holidays with him, Grandma and Grandpa will help her heal. 

Emily is on track for her permanency plan – permanent reunification with her mother. 

Let’s take a moment and revisit the Biggest Unmet Needs Statement that was created for Emily during her first family meeting: 

“Emily needs, deserves and has the right to a stable, safe, unconditionally loving home, with family, forever.” 

Now that she is surrounded by a committed, trusted community of friends and family, Emily’s mother will be able to meet these needs – and provide Emily the type of home environment that will enable her to heal and grow. And if times get tough, the lifetime network will be there to intervene and offer help in whatever ways needed. 

CASA volunteers like Maria are trained to advocate first and foremost for reunification with a child’s family whenever possible. Maria sees how much Emily and her mother and father have grown over the course of these 11 months and is encouraged. She knows reunification with her mother is the best thing for Emily.  

The reality, though, is that not all cases end this way. Sometimes, for example, the judge must make the difficult decision to end parents’ rights, which means the child must stay in the care of the state until they are adopted, or age out of foster care at age 18.  

But whatever happens, CASA volunteers help ensure the child is safe, supported, connected and has the resources they need to thrive after their time in foster care.  

Nearly a year to-date after Emily was removed from home, the final hearing in her case has taken place – and the judge has issued his final order. Emily is home! 

In the final hearing, judges often hear from witnesses and review evidence to determine whether the parent(s) followed their service plan. Based on that evidence, they decide whether the child should be returned home and/or whether the parental rights should be restricted or terminated. In Emily’s case, all evidence and recommendations from CASA and the caseworker pointed to Emily’s mother being able and willing to provide her with a safe environment to grow and thrive.  

So, after ensuring Emily’s voice was heard as well, the judge ordered a full return – reunification with Mom. And since visits with her father have been going relatively well, he also ordered continued monthly visitations between Emily and her dad, supervised by a responsible party chosen by her mom. 

Though the case is now closed, Emily’s mother can, of course, choose to continue any combination of the services she has received (therapy, her domestic violence support group, etc.), and is encouraged to do so. The same goes for Emily. 

In cases like Emily’s, DFPS is legally given a one-year timeline after a child is removed to get them out of the foster care system and into a permanent home, which, whenever safe and possible, should mean reunification with their family. Unfortunately, not all children’s cases are resolved within the one-year timeline. It is possible for a case to be extended by six months, but this only happens in special circumstances. 

In addition, DFPS can be granted what’s called Permanent Managing Conservatorship (PMC) – permanent custody – of the child if a permanent placement still has not been found. This is also known as long-term foster care. Children can be in long-term foster care with or without termination of their parents’ rights, depending on each unique situation. The state, however, is not meant to be a permanent parent – and children in its long-term care face an increased risk of negative outcomes like mental health issues, juvenile justice system involvement, unemployment and homelessness. The good news, though, is that CASA volunteers can also be appointed to these long-term cases. They can also remain a child’s advocate after PMC is granted to the state. A CASA can help keep these children safe, reignite the urgency for getting them out of foster care and into a permanent home, and ensure that they stay connected with their community and family in whatever ways possible. 

Though this chapter of her life is complete, Emily’s Story is anything but over. The possibilities are endless! Maybe she’ll attend college. Maybe she will grow up to become an artist, or a doctor, or a lawyer, or a social worker. Maybe she will have a family of her own, and maybe one day she’ll reflect on Maria’s role in her life and decide to become a CASA volunteer. Whatever Emily’s future has in store, she will grow up secure, connected and empowered – in a stable, safe, unconditionally loving home, with family, forever.