Endnotes

[1] CPS Policy Handbook § 2200, located online at http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_2200.asp. Last visited September 29, 2020.

[2] DFPS Texas Abuse Hotline website. Located online at https://proqol.org/ProQol_Test.html. Last visited October 14, 2020.

[3] The Texas Family Violence Bench Book, located online at http://www.txcourts.gov/media/478288/domesticviolencebenchbook.pdf. Last visited June 28, 2020.

[4] Updates to chapters of the Texas Family Violence Bench Book, located online at http://www.txcourts.gov/publications-training/judicial-ethics-bench-books/judicial-bench-books.aspx. Last visited June 28, 2020.

[5] Interstate Compact on Placement of Children, located online at https://aphsa.org/AAICPC/default.aspx. Last visited June 28, 2020.

[6] CPS Policy Handbook § 5230, located online at https://www.dfps.state.tx.us/handbooks/cps/files/CPS_pg_5200.asp#CPS_5230. Last visited June 29, 2020.

[7] CPS Policy Handbook § 6610, located online at https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_6600.asp. Last visited August 20, 2020.

[8] CPS Policy Handbook § 6251, located online at http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_6200.asp#CPS_6251. Last visited on August 24, 2020.

[9] DFPS Texas Practice Guide for Child Protective Services Attorneys, Section 8: Termination and Termination Case Law Updates, available online at https://www.dfps.state.tx.us/Child_Protection/Attorneys_Guide/Section-8.asp. Last visited June 29, 2020.

[10] HHS Ombudsman Foster Care Help webpage. Located online at https://hhs.texas.gov/about-hhs/your-rights/ombudsman-foster-care-help. Last visited October 14, 2020.

[11] A Guide for Those “Aging Out” of Foster Care in Texas, located online at http://texasfosteryouth.org/. Last visited June 29, 2020.

[12] Extended Court Jurisdiction Flowchart, located online at http://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/Extended_Foster_Care/documents/Extended_Court_Jurisdiction_Flow_Chart.pdf. Last visited June 29, 2020.

[13] DFPS Transitional Living Services Handout, located online at https://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/documents/Transitional_Living_Services_Handout.pdf. Last visited June 29, 2020.

[14] 2020 DFPS Case Law Update, available online at http://texaschildrenscommission.gov/media/84531/2020-case-law-update-bench-book.pdf. Last visited September 29, 2020.

[15] Texas Center for the Judiciary website. Located online at https://www.yourhonor.com/web/. Last visited October 14, 2020.

[16] Ex parte Daniels, 722 S.W.2d 707, 708 (Tex. Crim. App. 1987)

[17] Ex parte Duncan, 182 S.W. 313, 314 (Tex. Crim. App. 1916); Cooke v. United States, 45 Sup. Ct. 390, 394 (1925); Ex parte Flournoy, 312 S.W.2d 488, 492 (Tex. 1958); Tex. Gov't Code § 21.002(d).

[18] Ex parte Knable, 818 S.W.2d 811 (Tex. Crim. App. 1991)

[19] Ex parte Cardwell, 416 S.W.2d 382, 384 (Tex. 1967); Hicks on Behalf of Feiock v. Feiock, 108 Sup. Ct. 1423, 1429 (1998).

[20] Ex parte Chambers, 898 S.W.2d 257, 260 (Tex. 1995) rehearing overruled

[21] In re Rowe, 113 S.W.3d 749, 752 (Tex. App.—Austin, 2003, no writ); In re R.E.D., 278 S.W.3d 850, 856 (Tex. App.—Houston [1st Dist] 2009, no writ)

[22] Ex parte Conway, 419 S.W.2d 827, 828 (Tex. 1967)

[23] In re Oliver, 68 Sup. Ct. 499, 507 (1948); Ex parte Martin, 656 S.W.2d 443, 445 (Tex. Crim. App. 1982)

[24] Ex parte Vetterick, 744 S.W.2d 598,599 (Tex.1988); Tex. Fam. Code § 157.062

[25] Ex parte Gunther, 758 S.W.2d 226, 227 (Tex. 1988); Tex. Fam. Code § 157.163(b)

[26] Muniz v. Hoffman, 422 U.S. 454, 95 S. Ct. 2178, 2190 (1975); Ex Parte Werblud, 536 S.W.2d 542, 546 (Tex. 1976).

[27] Ex parte Griffin, 682 S.W.2d 261, 262 (Tex. 1984)

[28] Chambers, 898 S.W.2d at 261; In re Lausch, 177 S.W.3d 144, 155 (Tex. App.—Houston [1st Dist.] 2005, no pet.).

[29] Ex parte Johns, 807 S.W.2d 768, 771, (Tex. App.—Dallas, 1991, no pet.).

[30] Ex parte Landry, 144 S.W. 962, 963 (Tex. Crim. App. 1912); Hicks, 108 Sup. Ct. at 1430; Chambers, 898 S.W.2d at 259; R.E.D., 278 S.W.3d at 860.

[31] In Interest of R.R.F., 846 S.W.2d 65, 68 (Tex. App. – Corpus Christi 1992)

[32] Travelhost v. Blandford, 68 F.3d 958, 961 (5th Cir. 1995)

[33] Alberti v. Klevenhagen, 610 F. Supp. 138, 141 (S.D. Texas 1985); Ruiz v. McCotter, 661 F. Supp. 112, 116 (S.D. Texas 1986)

[34] Green v. U.S., 78 S. Ct. 632, 644

[35] Muniz, 95 S. Ct. at 2190

[36] Werblud, 536 S.W.2d at 546

[37] Griffin, 682 S.W.2d at 262

[38] Ex parte York, 899 S.W.2d 47, 49 (Tex. App.—Waco 1995, no writ)

[39] In re Brown, 114 S.W.3d 7, 11 (Tex. App.— Amarillo 2003, no writ) (citing Werblud, 536 S.W.2d at 546)

[40] In re Alexander, 243 S.W.3d 822, 825 (Tex. App. – San Antonio 2007, no writ)

[41] Ex parte Shacklee, 939 S.W. 2d 144, 145 (Tex. 1997)

[42] In re Nesevitch, 93 S.W. 3d 510, 513 (Tex. App. – Houston [14th Dist.] 2002, no writ)

[43] Ex parte Calvillo Amaya, 748 S.W.2d 224, 225 (Tex. 1988); Ex parte Whitehead, 908 S.W.2d 68, 70 (Tex. App – Houston [1st Dist] 1995, no writ)

[44] Ex parte Mitchell, 738 S.W.2d 703, 706 (Tex. App. – El Paso 1989, no writ)

[45] Ex parte Proctor, 398 S.W.2d 917, 918 (Tex. 1966)

[46] Ex parte Whitehead 908 S.W. 2d at 70; Ex parte Supercinski, 561 S.W.2d 482 (Tex. Crim. App. 1977)

[47] In the Interest of A.L.M.-F., A.M., J.A.-F., N.A.-F., and E.A.-F., No.170603.

[48] Key W. Life Ins. Co. v. State Bd. of Ins., 350 S.W.2d 839, 846 (Tex. 1961) (defining “trial de novo” and

describing its attributes); Lone Star Gas Co. v. State, 153 S.W.2d 681, 692 (Tex. 1941) (a trial de novo ordinarily

requires the court to conduct a “full civil trial on the facts as well as the law” where the parties will “try the case as if the suit had been filed originally in that court”).

[49] In re A.L.M.-F No 170603 at 8.

[50] Department of Family & Protective Services Supervised Independent Living. Available online at https://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/Extended_Foster_Care/supervised_independent_living.asp. Last visited June 30, 2020.

[51] Types of Supervised Independent Living Setting. Available online at http://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/Extended_Foster_Care/SIL_setting_types.asp. Last visited June 30, 2020.

[52] CPS Policy Handbook § 10400 . Available online at https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_x10400.asp#CPS_10400. Last visited June 30, 2020.

[53] Extended Court Jurisdiction Flowchart. Available online at http://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/Extended_Foster_Care/documents/Extended_Court_Jurisdiction_Flow_Chart.pdf. Last visited June 29, 2020.

[54] Extended Foster Care Resource Guide. Available online at https://www.dfps.state.tx.us/handbooks/CPS/Resource_Guides/Extended_Foster_Care_Resource_Guide.pdf. Last visited June 29, 2020.

[55] DFPS Extended Foster Care Webpage. Available online at https://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/Extended_Foster_Care/default.asp. Last visited June 30, 2020.

[56] Supervised Independent Living. Available online at https://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/Extended_Foster_Care/supervised_independent_living.asp. Last visited June 30, 2020.

[57] Transitional Living Services Handout. Available online at https://www.dfps.state.tx.us/Child_Protection/Youth_and_Young_Adults/Transitional_Living/documents/Transitional_Living_Services_Handout.pdf. Last visited June 30, 2020.

[58] Texas Foster Youth Justice Project Legal Resources for Youth Aging out of Foster Care. Available online at http://texasfosteryouth.org/legal-resources/legal-resources-for-youth/aging-out-of-foster-care/. Last visited June 30, 2020.

[59] Bureau of Indian Affairs, Guidelines for State Courts and Agencies in Indian Child Custody Proceedings, 81 Fed. Reg. 96476 (Dec. 2016). Available online at https://www.bia.gov/sites/bia.gov/files/assets/bia/ois/pdf/idc2-056831.pdf. Last visited July 6, 2020.

[60] Guidelines at D.7.

[61] Guidelines at I.4.

[62] Guidelines at L.4.

[63] Guidelines at B.5.

[64] Bureau of Indian Affairs ICWA Designated Agents Listing webpage. Available online at https://www.bia.gov/bia/ois/dhs/icwa/agents-listing/search/ysleta%20del%20sur%20pueblo. Last visited August 7, 2020.

[65] Guidelines at B.7.

[66] Guidelines at B.2.

[67] Guidelines at B.7.

[68] Guidelines at B.1.

[69] Guidelines at C.3.

[70] Guidelines at A.3.

[71] Guidelines at D.8.

[72] Guidelines at F.2.

[73] Guidelines at F.4.

[74] Guidelines at J.5.

[75] Guidelines at H.2.

[76] Guidelines at G.1.

[77] Guidelines at E.1 through E.5.

[78] Guidelines at C.8.

[79] Guidelines at I.3.

[80] U.S. Department of the Interior, Bureau of Indian Affairs. Quick Reference Sheet for State Court Personnel. Available online at https://www.bia.gov/sites/bia.gov/files/assets/bia/ois/ois/pdf/idc2-041404.pdf. Last visited October 14, 2020.

[81] National Council of Juvenile and Family Court Judges. Indian Child Welfare Act Judicial Benchbook. Available online at https://www.ncjfcj.org/publications/indian-child-welfare-act-judicial-benchbook/. Last visited October 14, 2020.

[82] ICPC regulations. Available online at https://aphsa.org/OE/AAICPC/ICPC_Regulations.aspx. Last visited June 30, 2020.

[83] CPS ICPC Policy. Available online at https://www.dfps.state.tx.us/handbooks/CPS/Menu/MenuCPS9000.asp. Last visited June 30, 2020.

[84] The Interstate Compact on the Placement of Children: A Manual and Instructional Guide for Juvenile and Family Court Judges. Available online https://www.ncjfcj.org/publications/the-interstate-compact-on-the-placement-of-children-a-manual-and-instructional-guide-for-juvenile-and-family-court-judges/. Last visited June 30, 2020.

[85] American Public Human Services Association Explanation of ICPC Regulation VII (October 2011). Available online at https://aphsa.org/AAICPC/AAICPC/ICPC_Publications_and_Papers.aspx. See further American Public Human Services Association ICPC Regulations. Available online at https://aphsa.org/OE/AAICPC/ICPC_Regulations.aspx. Last visited August 8, 2020.

[86] ICPC Regulations. Available online at https://aphsa.org/OE/AAICPC/ICPC_Regulations.aspx. Last visited June 30, 2020.

[87] The Interstate Compact on the Placement of Children: A Manual and Instructional Guide for Juvenile and Family Court Judges. Available online at https://www.ncjfcj.org/publications/the-interstate-compact-on-the-placement-of-children-a-manual-and-instructional-guide-for-juvenile-and-family-court-judges/. Last visited June 30, 2020.

[88] Vivek Sankaran, Foster Kids in Limbo: The Effects of the Interstate Compact on the Placement of Children on the Permanency of Children in Foster Care (2014). Available online at https://www.law.umich.edu/clinical/calc/practitionerresources/Documents/Final%20Summary%20to%20Casey.pdf. Last visited June 30, 2020.

[89] Child Welfare Information Gateway, Legal and Court Issues Regarding Interjurisdictional Placements. Available online at https://www.childwelfare.gov/topics/permanency/interjurisdictional/. Last visited June 30, 2020.

[90] CPS Policy Handbook § 6411.31. Available online at https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_6400.asp. Last visited June 30, 2020.

[91] CPS Policy Handbook § 10340. Available online at https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_x10300.asp#CPS_10340. Last visited June 30, 2020.

[92] Disability Rights Texas website. Available online at https://www.disabilityrightstx.org/en/home/. Last visited June 30, 2020.

[93] EveryChild Inc. website. Available online at www.everychildtexas.org. Last visited June 30, 2020.

[94] HHS Disability webpage. Available online at https://hhs.texas.gov/services/disability. Last visited June 30, 2020.

[95] HHS Home and Community Based Services webpage. Available online at https://hhs.texas.gov/doing-business-hhs/provider-portals/long-term-care-providers/home-community-based-services-hcs. Last visited July 1, 2020.

[96] Texas Mental Health and Intellectual and Developmental Disabilities Law Bench Book. Available online at http://texasjcmh.gov/publications/bench-book-and-cards/. Last visited June 30, 2020.

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[98] Navigate Life Texas. Available online at https://www.navigatelifetexas.org/en. Last visited June 30, 2020.

[99] DFPS Community-Based Care webpage. Located online at https://www.dfps.state.tx.us/Child_Protection/Foster_Care/Community-Based_Care/default.asp. Last visited October 14, 2020.

[100] Child Trends. Available online at https://www.childtrends.org/indicators/foster-care#:~:text=Trends%20in%20foster%20care&text=Similarly%2C%20the%20rate%20of%20children,increased%20to%206.0%20per%201%2C000. Last visited July 6, 2020.

[101] U.S. Department of Health and Human Services (2019). Administration for Children and Families, Administration on Children, Youth, and Families. The AFCARS report: Preliminary FY 2018 estimates as of August 2019. Washington, DC: U.S. Government Printing Office.

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[103] Hill, R. B. (2008). An analysis of racial/ethnic disproportionality and disparity at the national, state, and county levels. Seattle, WA: Casey Family Programs.

[104] Baams L, Wilson BDM, Russell ST. LGBTQ Youth in Unstable Housing and Foster Care. Pediatrics. 2019;143(3): e20174211 at page 4. Available online at https://pediatrics.aappublications.org/content/pediatrics/143/3/e20174211.full.pdf, Last visited on August 21, 2020.

[105] Baams L, Wilson BDM, Russell ST. LGBTQ Youth in Unstable Housing and Foster Care. Pediatrics. 2019;143(3): e20174211 at page 4. Available online at https://pediatrics.aappublications.org/content/pediatrics/143/3/e20174211.full.pdf. Last visited on August 21, 2020.

[106] LGBT and Child Welfare. Available online at https://youth.gov/youth-topics/lgbtq-youth/child-welfare. Last visited on July 6, 2020.

[107] DFPS FY 2020 Disproportionality and Disparity Analysis. Located online at https://www.dfps.state.tx.us/About_DFPS/Reports_and_Presentations/Rider_Reports/documents/2020/2020-10-01_Rider_40_Report.pdf. Last visited October 13, 2020.

[108] DFPS Disproportionality webpage. Located online at http://www.dfps.state.tx.us/Child_Protection/Disproportionality/default.asp. Last visited September 29, 2020.

[109] Id.

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[112] Addressing Bias in Delinquency and Child Welfare Systems. NCJFCJ Bench Card at page 2. Available Online at https://www.ncjfcj.org/wp-content/uploads/2019/07/Addressing-Bias-Bench-Card-1-1.pdf. Last visited July 6, 2020.

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[114] Race Equity and Inclusion Action Guide: 7 Steps to Advance and Embed Race Equity and Inclusion within Your Organization. The Annie E. Casey Foundation. Available online at http://www.aecf.org/m/resourcedoc/AECF_EmbracingEquity7Steps-2014.pdf#page=5. Last visited July 6, 2020.

[115] Beyond the Bench: Law, Justice and Communities Summit materials. Available online on https://txcourts.gov/publications-training/training-materials/beyond-the-bench-law-justice-and-communities-summit. Last visited October 9, 2020.

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[127] Federal law references the Local Education Agency (LEA). This term is synonymous with the school district or open-enrollment charter school. In Texas, the state education agency (SEA) is the Texas Education Agency.

[128] U.S Departments of Education and Health & Human Serv., Admin. for Children & Families (2014) joint letter regarding coordination between local education and child welfare agencies. Available online at: http://www2.ed.gov/about/inits/ed/foster-care/fostering-connections-letter.doc. Last visited July 1, 2020.

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[141] See further, 19 Tex. Admin. Code § 74.1025.

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