Bills

Texas HB 1151 (2025): Refusing Psychotropic Medication Is Not Neglect by Itself

HB 1151 · 89th Legislature, Regular Session (2025)

HB 1151 is Texas law, effective September 1, 2025. A parent's refusal of psychotropic medication or psychiatric treatment for a child, or choice of a recognized alternative treatment, is not neglect and is not by itself a basis for removal or termination, unless it presents a substantial risk of death, disfigurement or bodily injury or causes an observable and material impairment.

Texas SB 1141 (2025): Court Must Confirm CPS Gave Rights Notices

SB 1141 · 89th Legislature, Regular Session (2025)

SB 1141 is Texas law, effective September 1, 2025. Before the full adversary hearing in a DFPS court case, the judge must confirm, in writing and in open court, that DFPS told the alleged perpetrator about the right to record the interview and to ask for a review of findings, and gave the required first-contact information.

Texas SB 1398 (2025): Family Preservation, Placement Limits and Community-Based Care

SB 1398 · 89th Legislature, Regular Session (2025)

SB 1398 is Texas law, effective September 1, 2025. It widens the definition of family preservation services to cover households under a court order for services, stops listing parents among those who must pay for a provider they choose, limits 'temporary emergency supervision' of foster children, and adds reunification measures and public reporting to community-based care contracts.

Texas HB 63 (2023): No More Anonymous Reports to the DFPS Hotline

HB 63 · 88th Legislature, Regular Session (2023)

HB 63 is Texas law, effective September 1, 2023. DFPS may no longer accept anonymous reports of child abuse or neglect: a person reporting must give a name and phone number, which stay confidential. When law enforcement refers an anonymous report, DFPS must give the parent the investigator's identity and a written summary of rights before acting on it.

Texas HB 730 (2023): Rights Notices, Investigation Limits and Safety Placements

HB 730 · 88th Legislature, Regular Session (2023)

HB 730 is Texas law, effective September 1, 2023. It requires DFPS to tell parents and alleged perpetrators about their rights at first contact, limits reopening closed investigations, tightens court orders to enter a home, bars court-ordered-services cases from placing a child outside the home, and puts time limits and attorney notices on parental child safety placements.

Texas HB 793 (2023): Choosing Your Own Provider for a CPS Service Plan

HB 793 · 88th Legislature, Regular Session (2023)

HB 793 is Texas law, effective September 1, 2023. A parent who must complete a DFPS service plan may get the services from a qualified or licensed provider the parent selects, including online, and DFPS must pay a non-contract provider the regional average cost for that service.

Texas HB 1087 (2023): Removal Papers Must Spell Out 'Reasonable Efforts'

HB 1087 · 88th Legislature, Regular Session (2023)

HB 1087 is Texas law, effective September 1, 2023. In CPS removal cases, DFPS affidavits and the court's orders must describe, in a separate section, the reasonable efforts made to prevent removal, and a court may not terminate parental rights in a DFPS suit without specific written findings about efforts to return the child, unless those efforts were waived.

Texas SB 614 (2023): Time Limits on Parental Child Safety Placements

SB 614 · 88th Legislature, Regular Session (2023)

SB 614 is Texas law, effective September 1, 2023. A parental child safety placement agreement now ends after 30 days, can be renewed at most twice, and cannot keep a child out of the home more than 90 days without the signatures of the parent and the parent's lawyer or a court order; DFPS must also tell families they can talk to a lawyer and must publish monthly data on these placements.

Texas SB 2120 (2023): Standards and Funding for Parents' CPS Lawyers

SB 2120 · 88th Legislature, Regular Session (2023)

SB 2120 is Texas law, effective September 1, 2023. It gave the Texas Indigent Defense Commission a role over court-appointed lawyers and other help for indigent parents and children in DFPS cases: setting policies and standards, collecting county data on appointments and spending, and giving grants to counties and parent or child representation offices.

Texas HB 135 (2021): CPS Must Tell You About Recording and Review Rights

HB 135 · 87th Legislature, Regular Session (2021)

HB 135 is Texas law, effective September 1, 2021. Before DFPS interviews an alleged perpetrator, it must tell the person orally and in writing that they may make an audio or video recording of the interview, and notify them in writing that they may request an administrative review of DFPS's findings.

Texas HB 567 (2021): Neglect Definition, Removals and Court-Ordered Services

HB 567 · 87th Legislature, Regular Session (2021)

HB 567 is Texas law, effective September 1, 2021. It narrowed the Family Code definition of neglect to conduct showing blatant disregard that causes harm or an immediate danger, limited removals based on things like a positive marijuana test, favored placement with a non-offending parent or a relative, and rewrote the rules for court-ordered services, including a lawyer for the parent.

Texas HB 3041 (2021): Family Preservation Services Instead of Removal

HB 3041 · 87th Legislature, Regular Session (2021)

HB 3041 is Texas law, effective September 1, 2021. It created a DFPS pilot program for court-ordered family preservation services so a child at imminent risk of removal can stay home or with kin, and it added Family Code §264.2031, which lets a person ordered into services choose a qualified provider.

Texas HB 1780 (2019): Good-Faith Effort in Substance Abuse Treatment and Case Extensions

HB 1780 · 86th Legislature, Regular Session (2019)

HB 1780 is Texas law, effective September 1, 2019. When a judge decides whether extraordinary circumstances justify keeping a DFPS case open past its dismissal date, and the court has ordered a parent into substance abuse treatment, the judge must consider whether the parent made a good faith effort to complete the program.

Texas HB 3390 (2019): Finding Relatives and Family Friends to Care for a Child

HB 3390 · 86th Legislature, Regular Session (2019)

HB 3390 is Texas law; it took effect immediately when signed on June 14, 2019. When DFPS thinks removal may be needed, its child placement resources form asks the parent to name at least three possible relative or designated caregivers and to ask the child for names, and judges must check at hearings whether the child was asked.

Texas HB 4 (2017): Payments for Relative and Kin Caregivers

HB 4 · 85th Legislature, Regular Session (2017)

HB 4 is a 2017 Texas law about money for relatives and other designated caregivers who take in a child in DFPS conservatorship. Caregivers with family income at or below 300 percent of the federal poverty level can get monthly help of up to 50 percent of DFPS's daily basic foster care rate, generally for up to one year.

Texas HB 5 (2017): DFPS Becomes a Stand-Alone Agency

HB 5 · 85th Legislature, Regular Session (2017)

HB 5 is a 2017 Texas law that took DFPS out of the state's health and human services system and made it a stand-alone agency. The governor now appoints the DFPS commissioner with the Senate's consent, and a nine-member public council helps the commissioner develop rules and policies.

Texas HB 7 (2017): CPS Court Case Reforms

HB 7 · 85th Legislature, Regular Session (2017)

HB 7 is a 2017 Texas law that changed many parts of CPS court cases. It bars removal or termination based only on things like homeschooling or being poor, lets a parent defend against the failure-to-comply ground by showing a good-faith effort, makes judges look at relative placements at every hearing, and makes cases dismiss automatically after one year unless trial has started or an extension is granted.

Texas HB 2849 (2017): Removing Names From the CPS Central Registry

HB 2849 · 85th Legislature, Regular Session (2017)

HB 2849 is Texas law, effective September 1, 2017. It requires rules making DFPS remove a person's name from the child abuse and neglect central registry within 10 business days after DFPS gets notice that the abuse or neglect finding was overturned in certain reviews, hearings or appeals, and update its files within 10 business days of the reversal.

Texas SB 11 (2017): Community-Based Care and CPS Changes

SB 11 · 85th Legislature, Regular Session (2017)

SB 11 is a 2017 Texas law that set the legal framework for community-based care, where a local contractor handles case management for children in foster care while DFPS keeps legal custody. It also required quick medical exams for certain children entering DFPS care, tracking of repeat abuse reports, and a two-region pilot for family-based safety services.

Texas SB 999 (2017): CPS Removal Procedures and the Full Adversary Hearing

SB 999 · 85th Legislature, Regular Session (2017)

SB 999 is Texas law, effective September 1, 2017. It rewrote the Family Code rules for how DFPS takes possession of a child and for the full adversary hearing, set a 30-day hearing deadline for non-emergency removal cases, and let a parent who can afford a lawyer ask for up to seven more days to hire one.

Texas: did not become law

These bills are not law. They were filed, and some got a hearing or a vote, but they did not pass or were vetoed.

Texas HB 2070 (2025): A Court Finding Before Most CPS Central Registry Listings (Did Not Pass)

HB 2070 · 89th Legislature, Regular Session (2025)

HB 2070 is not law. The 2025 bill passed the Texas House but was left pending in a Senate committee. It would have barred DFPS from adding most people to the central child abuse or neglect registry unless a court entered a final order finding abuse or neglect, with exceptions for cases in child care, schools, churches, DFPS conservatorship, and certain reportable conduct.

Texas HB 2216 (2025): 'Active Efforts' and Higher Proof for CPS Removal and Termination (Did Not Pass)

HB 2216 · 89th Legislature, Regular Session (2025)

HB 2216 is not law. The 2025 bill passed the Texas House but was left pending in a Senate committee. It would have required proof beyond a reasonable doubt to end parental rights in most cases, replaced DFPS's 'reasonable efforts' duty with a stronger 'active efforts' duty, raised the proof needed to keep a child out of the home after removal, and given more weight to placing children with relatives.

Not law: vetoed

Texas SB 1838 (2025): Fee Schedules and Pay Appeals for CPS Court-Appointed Lawyers (Vetoed)

SB 1838 · 89th Legislature, Regular Session (2025)

SB 1838 is not law. Both chambers passed it in 2025, but the governor vetoed it on June 22, 2025. It would have required the courts in each county to adopt a fee schedule for court-appointed attorneys for children and indigent parents in government-filed child protection cases, and let an attorney whose pay claim was denied, cut, or not approved within 60 days petition the regional presiding judge.

Not law: vetoed

Texas SB 2501 (2025): Letting Indigent Parents Choose Their Own CPS Lawyer (Vetoed)

SB 2501 · 89th Legislature, Regular Session (2025)

SB 2501 is not law. Both chambers passed it in 2025, but the governor vetoed it on June 22, 2025. It would have let a parent whom the court found indigent in a DFPS case choose their own qualified attorney, paid by the county at the same rate as a court-appointed attorney, instead of taking the court's appointment.

Texas HB 31 (2023, Third Called Session): Outside Audits of CPS Investigations (Did Not Pass)

HB 31 · 88th Legislature, 3rd Called Session (2023)

HB 31 is not law. Filed in a 2023 special session, it would have required DFPS to hire an independent outside auditor to review its abuse and neglect investigations in any year when complaints about investigations reached 15 percent of all investigations. The bill was filed but never referred to a committee or voted on.

Texas HB 1667 (2023): Narrowing Mandatory Reporting and Community Referrals (Did Not Pass)

HB 1667 · 88th Legislature, Regular Session (2023)

HB 1667 is not law. The 2023 bill passed the Texas House and was approved by a Senate committee, but the full Senate never passed it. It would have limited the general duty to report suspected child abuse or neglect mainly to professionals, said poverty-only concerns need not be reported, and let professionals refer some families to community services instead of making a CPS report.

Texas SB 515 (2023): Severity Codes, Notice and Removal for the CPS Central Registry (Did Not Pass)

SB 515 · 88th Legislature, Regular Session (2023)

SB 515 is not law. The 2023 bill passed the Texas Senate and a House committee but never got a vote of the full House. It would have had DFPS rate each substantiated finding with a severity code, keep 'low' cases off the central registry, set time limits for listings, require written notice before listing, and create review panels to hear requests to remove names.

Texas HB 1190 (2021): A Court Finding Before the CPS Central Registry (Did Not Pass)

HB 1190 · 87th Legislature, Regular Session (2021)

HB 1190 is not law. Filed in 2021, it would have barred DFPS from putting a person's name on the central child abuse or neglect registry unless a court entered a final order finding that the person abused or neglected the child. A House committee approved it, but the full House never voted on it.

Texas HB 2552 (2021): Recorded CPS Interviews and No Required Drug Tests (Did Not Pass)

HB 2552 · 87th Legislature, Regular Session (2021)

HB 2552 is not law. The 2021 bill would have required DFPS to record investigation interviews with parents as well as children, and would have barred DFPS from requiring a parent or child to take a drug test during an investigation. A House committee approved it, but it never reached a vote of the full House.

Not law: filed, not voted on

Texas HB 4055 (2021): Substance Use During Pregnancy and CPS Reports (Did Not Pass)

HB 4055 · 87th Legislature, Regular Session (2021)

HB 4055 is not law. The 2021 bill passed the Texas House but never got out of a Senate committee. It would have let some medical and mental health professionals skip a CPS report when a pregnant patient disclosed illegal drug use and was in, or trying to get into, treatment, and it would have barred DFPS from investigating in some of those cases.

Texas: the next session

Nothing filed for a future session is law. A bill must pass both chambers and take effect first.

The 2027 Texas Legislature (90th): When CPS Bills Can Be Filed

90th Legislature (2027) · 90th Legislature, Regular Session (2027)

No bill for the 2027 Texas Legislature is law, and none can be filed yet. Filing (prefiling) for the 90th Legislature opens Monday, November 9, 2026, and the regular session convenes at noon on Tuesday, January 12, 2027. A filed bill becomes law only if it passes both the House and the Senate, survives the governor's review, and then takes effect.

Federal: became law

Supporting America's Children and Families Act (2025): Title IV-B Child Welfare Programs Renewed Through 2029

H.R. 9076 · 118th Congress

The Supporting America's Children and Families Act is federal law, approved January 4, 2025, as Public Law 118-258. Its child welfare title took effect October 1, 2025. It renews Title IV-B child welfare programs through fiscal year 2029, lets family preservation money cover short-term help such as housing, utilities, transportation, or food during a crisis, and requires state plans to describe policies to prevent separating a child from a parent solely due to poverty.

Family First Prevention Services Act (2018): Federal Money for Prevention Services and Limits on Group Care

H.R. 1892 · 115th Congress

The Family First Prevention Services Act is federal law. It is Title VII of Division E of the Bipartisan Budget Act of 2018 (Public Law 115-123), approved February 9, 2018. It lets states use federal Title IV-E money for up to 12 months of mental health, substance abuse, and in-home parenting services so a child can stay safely at home or with kin, and it limits federal payment for most group care placements after two weeks.

Preventing Sex Trafficking and Strengthening Families Act (2014): Normalcy, Missing Children, and Youth Voice in Foster Care

H.R. 4980 · 113th Congress

The Preventing Sex Trafficking and Strengthening Families Act is federal law, approved September 29, 2014, as Public Law 113-183. It requires state foster care programs to identify and report children at risk of sex trafficking, locate children missing from care, use a reasonable and prudent parent standard for everyday activities, and include youth age 14 and older in their own case planning.

CAPTA Reauthorization Act of 2010: Federal Child Abuse Grants Extended Through 2015

S. 3817 · 111th Congress

The CAPTA Reauthorization Act of 2010 is federal law, approved December 20, 2010, as Public Law 111-320. It reauthorized CAPTA's main programs through fiscal year 2015 and added state-plan items, including policies that encourage family involvement in decisions about children who experienced abuse or neglect and collaboration with domestic violence and substance abuse agencies.

Keeping Children and Families Safe Act of 2003: CAPTA's Rule That CPS Tell You the Allegations

S. 342 · 108th Congress

The Keeping Children and Families Safe Act of 2003 is federal law, approved June 25, 2003, as Public Law 108-36. It amended CAPTA so that, to qualify for CAPTA state grants, a state must require CPS to tell the person being investigated about the allegations at the first contact, train CPS staff on protecting families' legal rights, and add rules on substance-affected newborns and background checks.

Adoption and Safe Families Act of 1997 (ASFA): Child Safety First, and the 15-of-22-Months Rule

H.R. 867 · 105th Congress

The Adoption and Safe Families Act of 1997 (ASFA) is federal law, enacted November 19, 1997, as Public Law 105-89. It made the child's health and safety the paramount concern in reasonable efforts, listed cases where reasonable efforts to reunify are not required, and generally required states to seek termination of parental rights after a child has been in foster care 15 of the most recent 22 months, with exceptions.

Adoption Assistance and Child Welfare Act of 1980: Where the Federal "Reasonable Efforts" Rule Began

H.R. 3434 · 96th Congress

The Adoption Assistance and Child Welfare Act of 1980 is federal law, approved June 17, 1980, as Public Law 96-272. It made federal foster care money depend on a state plan promising reasonable efforts to prevent removal and to help children return home, effective October 1, 1983, and it required case plans, six-month reviews, and procedural safeguards for parents.

Indian Child Welfare Act of 1978 (ICWA): Federal Rules for Custody Cases Involving Indian Children

S. 1214 · 95th Congress

The Indian Child Welfare Act of 1978 (ICWA) is federal law, approved November 8, 1978, as Public Law 95-608. In state court foster care and termination cases involving an Indian child, it requires notice to the parent and the tribe, a right to court-appointed counsel for an indigent parent, active efforts to prevent the breakup of the family, and high standards of proof.

Child Abuse Prevention and Treatment Act (CAPTA, 1974): The Federal Law Behind Child Abuse Reporting

S. 1191 · 93rd Congress

The Child Abuse Prevention and Treatment Act (CAPTA) is federal law. It was approved January 31, 1974, as Public Law 93-247. It created a National Center on Child Abuse and Neglect and offered grants to states that met conditions, such as requiring reports of suspected abuse and prompt investigations.

Federal: pending in Congress

These bills are not law. They have been introduced and have not passed.

H.R. 5647, Advocates for Families Act of 2025 (Pending, 119th Congress)

H.R. 5647 · 119th Congress

H.R. 5647 is not law. It was introduced September 30, 2025, and referred to the House Committee on Ways and Means. If enacted, it would make it a condition of federal child welfare funding that a state let any parent, foster parent, or legal guardian seek and receive the services of a family advocate throughout a child welfare case, without the state having to pay for it, and tell them of that right from the start.

H.R. 8757, Promoting Childhood Independence and Resilience Act of 2026 (Pending, 119th Congress)

H.R. 8757 · 119th Congress

H.R. 8757 is not law. It was introduced May 12, 2026, and referred to two House committees. If enacted, it would amend the federal CAPTA definition so that letting a child take part in reasonable independence activities, such as walking to school or playing outside, is not child abuse or neglect unless it reflects an unreasonable disregard of a foreseeable risk of serious harm, and it would add related conditions to federal child welfare grants.

H.R. 8997, Right to Representation Act (Pending, 119th Congress)

H.R. 8997 · 119th Congress

H.R. 8997 is not law. It was introduced May 21, 2026, and referred to the House Committee on Ways and Means. If enacted, it would require a state's Title IV-E plan to guarantee that, for the whole of any court case involving an allegation of child abuse or neglect, an attorney is made available to each parent or guardian and an attorney represents the child.

H.R. 9994, Family Poverty is Not Child Neglect Act (Pending, 119th Congress)

H.R. 9994 · 119th Congress

H.R. 9994 is not law. It was introduced July 30, 2026, and referred to the House Committee on Ways and Means. If enacted, it would require a state's Title IV-B child welfare plan to assure that no child is separated from a parent or guardian solely on the basis of poverty, and it would require an HHS report on poverty and child welfare.