📋 Program Overview
Texas operates one of the largest child welfare systems in the United States. The primary state child welfare agency is the Texas Department of Family and Protective Services (DFPS), which manages Child Protective Services (CPS), foster care placements, and statewide adoption services. The CASA of Texas organization coordinates a network of local CASA affiliate programs that place trained volunteer advocates in dependency proceedings statewide.
Texas has a distinctive court representation model: the Texas Family Code Chapter 107 creates the role of "Amicus Attorney" — an attorney appointed to advocate for the child's best interests who is not bound by the child's expressed wishes — alongside an "Attorney Ad Litem" who represents the child's stated desires. CASA volunteers typically work in partnership with the Amicus Attorney, providing investigative support and community connections while the attorney handles legal advocacy in court.
⚖️ Legal Foundation
Texas child welfare proceedings are governed by the Texas Family Code (TFC), particularly Chapters 107 (court representation of children), 261–265 (child protective services and investigations), and 161–166 (parent-child relationship and termination). Texas also has a comprehensive Substitute Care and Adoption framework under TFC Chapters 263 and 264.
Authorizes the court to appoint an Amicus Attorney in a suit affecting the parent-child relationship (SAPCR) to provide legal services necessary to assist the court in protecting the child's best interests. The Amicus Attorney is not bound by the child's expressed wishes and independently advocates for the child's best interests — distinct from an Attorney Ad Litem who is client-directed. CASA volunteers work in partnership with the Amicus Attorney in many Texas courts.
Establishes the role of Attorney Ad Litem, who represents the child's expressed objectives of representation. The Attorney Ad Litem must interview the child, explain the proceedings in an age-appropriate manner, and advocate for what the child directs — even if that conflicts with the child's best interests. The court may appoint both an Amicus Attorney and an Attorney Ad Litem in the same proceeding.
Authorizes DFPS to take possession of a child without a court order if there is an immediate danger to the child's physical health or safety and there is no time to obtain a court order. DFPS must file a petition and obtain an emergency order within 24 hours of removal. All emergency removal orders must have supporting affidavits setting out specific facts supporting the emergency.
Enumerates the statutory grounds upon which a court may terminate the parent-child relationship, including abandonment, endangerment, failure to comply with the service plan, and conviction of certain crimes. Termination must also be found to be in the child's best interests — a separate finding from the statutory ground. The Amicus Attorney plays a central role in the best-interest analysis.
Texas imposes a strict statutory deadline: a court must dismiss a SAPCR filed by DFPS on or before the first Monday after the first anniversary of the date DFPS was named temporary managing conservator, unless the court grants an extension of up to 180 days. This deadline creates urgency throughout the proceeding and affects permanency planning timelines.
Establishes DFPS's authority to provide foster care, adoption services, and family preservation services, and defines the reasonable efforts requirements applicable to CPS. DFPS must make reasonable efforts to prevent removal and reasonable efforts toward reunification — findings the Amicus Attorney and GAL assess and report on at each hearing.
👤 Your Role as GAL
In Texas, the CASA volunteer's role is defined in partnership with the court-appointed Amicus Attorney. CASA volunteers conduct the investigative work — visiting placements, interviewing the child and caregivers, reviewing records, and connecting the child to resources — while the Amicus Attorney carries the legal advocacy burden in hearings. Understanding this division of responsibilities is essential to effective Texas GAL work.
Conduct regular visits to the child's placement — Texas DFPS standards and CASA programs typically require at least monthly contact. Review DFPS case plans, school records, medical files, and prior court orders. Interview the child, foster parents, biological parents (as appropriate), teachers, therapists, and CPS workers.
Prepare detailed investigation reports for the Amicus Attorney before each hearing. Identify service gaps, placement concerns, and unmet needs. Recommend specific services and interventions. In courts where CASA volunteers appear independently, present oral summaries to the judge and respond to questions about the child's current status.
Identify and connect the child to community services — tutoring, therapy, extracurricular activities, mentoring, and peer support programs. Coordinate with DFPS, the foster family, school staff, and service providers. Texas's large urban centers offer extensive resources, but rural areas require creative resource identification.
Prepare written reports summarizing your findings for the Amicus Attorney and, in some courts, filed directly with the court. Attend all hearings and be prepared to testify. Document every contact with the child in detail — these notes form the factual backbone of the Amicus Attorney's advocacy before the judge.
In Texas, the Amicus Attorney is the legal party in the proceeding — they file pleadings, cross-examine witnesses, and argue legal positions. The CASA volunteer is the investigative arm: gathering facts, maintaining the relationship with the child, and identifying resources. In many Harris County courts, CASA volunteers also appear at hearings and provide oral summaries, but always in coordination with and support of the Amicus Attorney. Clarify your court's specific practice expectations with your CASA supervisor before your first hearing.
🤝 The Multidisciplinary Team
Texas dependency proceedings involve a larger cast of court-appointed professionals than most states, due to the dual representation model. Understanding each role prevents duplication and confusion about who speaks for whom.
The state agency employee managing the child's case plan, placement coordination, and service referrals. The CPS caseworker represents DFPS's position — which may or may not align with what the Amicus Attorney and CASA volunteer determine is in the child's best interests.
An Assistant Attorney General representing the Texas Department of Family and Protective Services in court. Presents DFPS's case and moves to approve the service plan and permanency goals. Represents the agency — not the child.
Appointed counsel for each biological parent. Their obligation is to their client's legal interests — reunification and preservation of parental rights — not to the child's best interests. Texas requires appointed counsel for each parent separately.
Appointed to represent the child's expressed wishes in court. Client-directed — must advocate for what the child wants, even if different from the Amicus Attorney's best-interest recommendation. Texas courts frequently appoint both an Ad Litem and an Amicus Attorney.
Appointed to advocate for the child's best interests — not bound by the child's expressed wishes. Partners with the CASA volunteer to develop factual basis for best-interest recommendations. The primary legal voice for the child's best interests in Texas courts.
You — conducting the in-person investigation and building the factual record for the Amicus Attorney. Your consistent relationship with the child, your placement visits, and your community resource connections are the irreplaceable human core of Texas child advocacy.
Provides day-to-day care and is your primary source of information about the child's daily functioning, school performance, medical appointments, and emotional state. Texas has a significant kinship care network — kinship placements have specific rights and support services under TFC.
Presides over SAPCR proceedings. Texas family law cases are heard in District Courts (often designated as Family or Domestic Relations courts). Harris County alone has multiple specialized family courts handling child welfare dockets. Some courts use associate judges for initial hearings.
🏛️ The Dependency Court Process in Texas
Texas child welfare proceedings operate under strict statutory deadlines, including the "one-year rule" that requires case resolution within 12 months of DFPS taking temporary managing conservatorship. Every GAL and CASA volunteer must understand the timeline urgency that governs Texas CPS cases.
DFPS or law enforcement removes the child based on a finding of immediate danger. DFPS must file a petition and obtain an emergency order within 24 hours (or next business day). The court then has 14 days to hold an adversary hearing on whether DFPS should retain temporary managing conservatorship (TMC).
The first contested hearing — the court determines whether DFPS should retain TMC pending final disposition. DFPS must show by a preponderance that there was danger to the child and that reasonable efforts were made. Counsel and the Amicus Attorney are typically appointed at or before this hearing.
Your CASA program assigns you to the case. Obtain a copy of the petition, the emergency order, and any existing DFPS records. Make initial contact with the child at their placement within days of appointment. Coordinate your first call with the Amicus Attorney to establish the investigation plan.
Texas courts hold status hearings approximately every 60 days in the first year. DFPS must file a status report addressing the service plan, placement, parental progress, and reasonable efforts. CASA volunteers provide updated investigation reports to the Amicus Attorney before each status hearing.
Texas requires a permanency hearing within 12 months of DFPS assuming TMC. The court must set a dismissal date no later than the first Monday after the first anniversary of DFPS taking TMC (unless an extension is granted). The Amicus Attorney and CASA volunteer present their permanency recommendations at this critical hearing.
If the court grants an extension (up to 180 additional days), a second permanency hearing must be held before the extended dismissal date. Extensions are granted sparingly. CASA volunteers continue monthly contact and investigation throughout the extension period.
The case concludes with either: (a) termination of parental rights followed by adoption, (b) appointment of a permanent managing conservator (relative or foster family), or (c) reunification with the parent(s). The Amicus Attorney presents the best-interest case at the final hearing based on the CASA investigation record.
After TPR, the court continues oversight until adoption is finalized. CASA involvement typically continues through adoption finalization. Post-TPR reviews are held every 6 months. The CASA volunteer advocates for timely finalization and monitors the child's well-being in the adoptive placement.
📅 Hearing Types & GAL Responsibilities
| Hearing | Timing | GAL Focus |
|---|---|---|
| Emergency Protective Order | Within 24 hrs of removal | Confirm appointment process initiated; identify immediate safety needs; locate tribal ancestry information |
| 14-Day Adversary Hearing | Within 14 days of removal | Support Amicus Attorney with initial investigation findings; confirm child's placement is appropriate and safe |
| Status Hearing | Every ~60 days | Update investigation report for Amicus Attorney; assess DFPS reasonable efforts, parental progress, and child's well-being |
| Permanency Hearing | Within 12 months of TMC | Comprehensive best-interest report; recommend specific permanency goal; flag any barriers to timely resolution |
| Final Hearing / Trial | Before dismissal deadline | Testify if called; support Amicus Attorney's best-interest case; advocate for permanent placement that serves child's long-term interests |
| TPR Hearing | Per DFPS petition | Best-interest analysis; report on child's attachment and readiness for adoption; advocate for timely permanency |
| Post-TPR Review | Every 6 months post-TPR | Monitor adoptive placement; advocate for timely finalization; identify any disruption risks |
🦅 ICWA & Tribal Inquiry in Texas
The Indian Child Welfare Act (25 U.S.C. §§ 1901–1963) applies in any custody proceeding involving a child who is an Indian child — a member of, or eligible for membership in, a federally recognized tribe where the biological parent is also a member. Texas has three federally recognized tribal nations within its borders, making ICWA inquiry especially important.
Texas is home to three federally recognized tribal nations: the Alabama-Coushatta Tribe of Texas (Polk County), the Kickapoo Traditional Tribe of Texas (Eagle Pass), and the Ysleta del Sur Pueblo (Tigua) near El Paso. Additionally, hundreds of thousands of members of Oklahoma-based nations — Cherokee Nation, Choctaw Nation, Chickasaw Nation, Comanche Nation, and others — reside throughout Texas. ICWA inquiry is mandatory in every case and has particular urgency given Texas's significant tribal member population.
Mandatory ICWA Inquiry Steps
Texas-Specific ICWA Considerations
Texas courts apply ICWA based on federal law and the 2016 BIA regulations (25 C.F.R. Part 23). Key considerations for Texas GALs and Amicus Attorneys:
- The Alabama-Coushatta Tribe of Texas (Polk County, East Texas) has an active tribal government and ICWA program — cases involving Alabama-Coushatta members in East Texas may involve tribal jurisdiction
- The Kickapoo Traditional Tribe of Texas (Eagle Pass, Maverick County) has members throughout the border region and maintains an ICWA department for monitoring Texas cases
- The Ysleta del Sur Pueblo (Tigua) near El Paso maintains tribal jurisdiction over matters involving Tigua children and has an active ICWA unit
- Oklahoma-based nations (Cherokee Nation, Choctaw Nation, Chickasaw Nation, Comanche Nation) have very large Texas-resident member populations — ICWA inquiries statewide frequently involve these tribes
- Texas has enacted state ICWA-related provisions at TFC § 161.2015 requiring courts to follow the federal ICWA framework — consult the Amicus Attorney on compliance requirements
🪶 Tribal Resources & Contacts
🎓 Education Rights of Foster Youth
Education stability is a critical advocacy area for Texas CASA volunteers and Amicus Attorneys. Texas has one of the largest foster care populations in the country, and foster children face significant disruption to their schooling due to frequent placement changes. Texas has implemented policies aligned with federal ESSA requirements to protect foster children's educational rights.
Texas Education Code § 25.001(b) and ESSA Title I require school districts and DFPS to collaborate to keep foster children in their school of origin when it is in their best interests. Cross-district transportation must be provided. The Texas Education Agency coordinates with DFPS through the Foster Care Education Program. GALs should advocate for a school of origin determination at every placement change.
Requires DFPS to provide transitional living services to youth ages 14–21 in or formerly in foster care, including education and employment support. Youth in the Extended Foster Care program who are enrolled in post-secondary education receive housing and support services. GALs advocate for enrollment in these programs well before the youth reaches age 18.
Key Education Advocacy Points for Texas GALs
Extended Foster Care in Texas
Texas operates an Extended Foster Care (EFC) program for youth ages 18–21 under TFC § 264.121. Youth may remain in EFC if they are enrolled in secondary school, enrolled in a GED or vocational program, enrolled in post-secondary education, employed at least 80 hours per month, or participating in a program designed to remove barriers to employment. Texas also operates the Preparation for Adult Living (PAL) program providing life skills and financial literacy training beginning at age 14. GALs should advocate for PAL enrollment and EFC planning early.
📝 Courtroom Practice in Texas Family Court
Texas family courts handling child welfare cases vary enormously in formality and local practice rules — Harris County's specialized family courts operate very differently from rural district courts. Understanding your specific court and judge's expectations is critical to effective advocacy as a CASA volunteer and Amicus Attorney partner.
- Complete your investigation report and share it with the Amicus Attorney at least one week before the hearing — the attorney needs time to incorporate your findings into their legal arguments
- Review the prior order and identify any DFPS compliance issues — Texas courts take service plan violations seriously and expect specific factual documentation
- Confirm whether your court expects CASA volunteers to appear and speak at hearings or only the Amicus Attorney — practice varies by judge
- Talk with the child in an age-appropriate way about what will happen at the hearing and what you plan to report
- Address the judge as "Your Honor" and remain standing when addressing the court
- In courts where CASA volunteers speak, present your findings concisely — Texas family judges hear high-volume dockets and value organized, fact-based presentations
- The Amicus Attorney will handle legal arguments, motions, and cross-examination — coordinate to avoid duplication or contradiction
- Be prepared to testify if the Amicus Attorney calls you as a witness or another party asks to examine you about your investigation
- Obtain a copy of the signed order — this defines everyone's obligations until the next hearing and triggers DFPS service plan requirements
- Calendar all deadlines immediately — Texas's statutory dismissal deadline means every hearing matters to the overall timeline
- Communicate the outcome to the child in age-appropriate terms — avoid legal jargon and focus on what changes, if any, will affect the child's daily life
- Update your case notes and resume your investigation cycle for the next hearing
- Communicate concerns to the Amicus Attorney immediately — they hold the legal standing to appeal or move for reconsideration
- Texas appeals in SAPCR cases must generally be filed within 30 days of the order — the Amicus Attorney must act quickly if an appeal is warranted
- Document your factual concerns thoroughly in your investigation notes — the appellate record is built on what entered the trial record
- Contact your CASA supervisor who will coordinate with the Amicus Attorney and program's legal advisors on next steps
📍 Local Resources — Houston Metro (Harris County)
🧠 Mental Health Resources
🏠 Housing & Basic Needs
🌐 Texas Statewide Resources
🇺🇸 Federal Resources
💛 Working with Children — Trauma-Informed Practice
Texas has one of the nation's highest rates of child abuse and neglect reporting, and children in the Texas foster care system have often experienced significant and repeated trauma. Trauma-informed practice is the foundation of effective CASA volunteer work. The following principles guide trauma-informed engagement with children in Texas dependency proceedings.
Children who have experienced abuse, neglect, or family separation may display withdrawal, aggression, hypervigilance, dissociation, or emotional dysregulation. These are neurological trauma responses — not behavioral choices. Approach each contact with curiosity about what the child's behavior is communicating, not judgment about how they are acting.
Always meet the child at their placement or another location where they feel safe and comfortable — not in a courthouse, DFPS office, or institutional setting unless unavoidable. Texas's large geographic diversity means some placements require significant travel time — prioritize in-person visits regardless of distance.
Texas foster youth, particularly older youth, have often learned to tell adults what they think will minimize disruption to their lives. Ask open-ended questions, tolerate silence, and be aware of loyalty conflicts. Your job is to understand the child's lived experience — not to obtain statements that confirm a predetermined recommendation.
Texas's large, high-caseload foster care system means children frequently experience adult turnover — caseworkers, caregivers, and advocates come and go. As a CASA volunteer, your consistent monthly presence can be uniquely stabilizing. Honor every commitment you make to a child, and notify them personally before any change in your involvement.
Texas's STAR Health behavioral health services include developmental screening — coordinate with the child's therapist to understand their developmental stage and how best to engage. Teenagers in Texas's Extended Foster Care system have specific programmatic rights and often benefit from peer mentoring connections through the Texas Youth Connection program.
Texas's dual-representation model means the child interacts with multiple professionals — DFPS caseworker, Attorney Ad Litem, Amicus Attorney, and CASA volunteer. Avoid duplicating trauma-focused questioning about past events that the child's therapist is already addressing therapeutically. Coordinate with the Amicus Attorney and therapist to determine what investigative questions need to be asked and how.
📄 Court Report Writing Guide
In Texas, CASA volunteers typically prepare investigation reports for the Amicus Attorney rather than filing independent court reports (though this varies by court). Your written report is the factual backbone of the Amicus Attorney's legal advocacy — it must be thorough, factual, and organized to support specific best-interest recommendations. In courts where CASA volunteers file independently, the same principles apply directly to the court record.
Include the child's name and age, case number, hearing date, and how long the child has been in DFPS conservatorship. Note how many contacts you've had with the child since the last hearing and when your most recent visit occurred. The Amicus Attorney needs this as context for your findings.
List all records reviewed (DFPS service plan, school records, medical records, therapy notes, prior court orders) and all individuals interviewed (child, foster parents, CPS caseworker, teachers, therapist, parents as appropriate). Thoroughness here builds credibility for your recommendations with the Amicus Attorney and ultimately the court.
Describe the current placement, the child's adjustment, and any changes since the last hearing. Note physical health, emotional state, school performance, and peer relationships. Include specific observations from your placement visit — not secondhand reports. Texas courts expect CASA volunteers to have direct, current knowledge of the child's circumstances.
Identify each service in the DFPS service plan and document whether it has been accessed, is in progress, or has been completed. Note any barriers to service access. Flag any court-ordered services that haven't been provided — Texas courts hold DFPS accountable to service plan compliance and the Amicus Attorney needs specific, documented examples to make that case.
Objectively describe parent compliance with the service plan without editorializing. Note visitation frequency, quality of visits observed or described, and the child's response to parental contact. Texas courts need specific, documented facts to support or challenge DFPS's "reasonable efforts" findings and to evaluate parental fitness.
Report what the child told you about their placement, school, relationships, and permanency wishes — using the child's own words where possible. Clearly distinguish between what the child said and your interpretation. In Texas, the child may also have an Attorney Ad Litem — coordinate to ensure the child's expressed wishes are represented without confusion about who speaks for what.
State your recommendation clearly: what you believe should happen at this hearing and why. Be specific — "continue current placement, order enrollment in TF-CBT within 30 days, and require DFPS to provide transportation to school of origin" is more useful to the Amicus Attorney than "ensure the child's needs are met." This is the core of your advocacy.
List the specific orders you are recommending. Discuss proposed order language with the Amicus Attorney before the hearing — in Texas, the Amicus Attorney will formally present and argue for these orders. Providing specific language (vetted by your CASA supervisor and the Amicus Attorney) maximizes the likelihood your recommendations are adopted verbatim by the court.