Chronic Pain Specialist in Foster, TX

Finding certified and affordable child care for foster families remains a challenge in our area.

AUSTIN, Texas — Typically, when parents need a babysitter, they can ask a neighbor, relative or friend to help.

For foster parents, it can be a little trickier. Foster parents aren't allowed to leave children with someone unless that person has been vetted and certified with foster agencies or the State of Texas.

Beth Heyer has a background of working with children in foster care and saw the need for a company here in Austin that could better support foster families. She started Babysitting Connection and created a network of local babysitters who are vetted and certified to watch children in foster care.

She said the service can be used for a wide range of scenarios – whether that's a doctor appointment, going to vote, a date night or even just taking a breather.

"Families need a break. All parents need a break. So the fact that these families, in a lot of cases, are dealing with children that are coming out of trauma, children that are coming out of difficult situations – these parents really need a break," Heyer said.

She said she also runs a nonprofit that works alongside Babysitting Connection to better support foster families. It's called BC Gives Back.

"If the family can't pay the hourly wage to the babysitter – which is typically $18 tp $20 an hour, depending [on] how many kids they have – Foster Angels, we've worked with them and we've talked to them and there's an opportunity for them to provide support. We've also said, too, 'We will find a way to get you the care you need.'"

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There are three levels of membership to Babysitting Connection: basic, premium and platinum. Memberships start at $29.99 a month.

Heyer said the biggest hurdle for her company is getting the message out to foster agencies that it is even an option for families. She encourages foster parents to directly contact their foster agencies and let them know that they would like to start being able to utilize the service.

To learn more, you can contact Beth directly at [email protected] or by calling 512-200-4418.

KVUE launched the Forever Families segment with Partnerships for Children (PFC) in June 2020 to highlight children in the Heart Gallery of Central Texas who need secure and permanent families. Every day, there are nearly 1,000 children waiting to get adopted in Central Texas, according to PFC.

AUSTIN (KXAN) – A federal judge is considering holding the state of Texas in contempt of court over ongoing problems in the Texas foster care system.

Following days of testimony at the latest hearing in a lawsuit that has lasted over 12 years, U.S. District Judge Janis Jack could decide to fine the state for not meeting some of her specific, court-ordered reforms. Lawyers representing thousands of children in the state’s care asked Judge Jack to go a step further and to consider placing parts of the system into what’s called a receivership – a mechanism typically used in corporate law, which allows a court appointee to take control of an entity.

For three days, they brought former caseworkers, a former foster child, and a child welfare expert to testify on specific stories and cases, as well as more broadly on the living conditions and experiences of kids in the system.

Paul Yetter, the lead attorney for the plaintiff children, told KXAN that while Judge Jack said she would not place any part of the Texas system into a receivership, he hoped she might consider taking other steps.

“The evidence was so powerful, and frankly, so troubling and disturbing about what these children – and it’s not just the children – what the caseworkers are going through every day across the state,” he said in an interview after the hearing concluded. “The judge – obviously, she’s very familiar with the system. She’s seen a lot of terrible things, and even this week surprised her, I think, and she made it clear that these children deserve better.”

Several leaders within the Department of Family and Protective Services (DFPS) and the Health and Human Services Commission (HHSC) were also called to testify. For example, the associate commissioner for Child Protective Services at DFPS emphasized the progress and improvements that have been made at her agency. The Deputy Executive Commissioner for Regulatory Services at HHSC testified that addressing staffing issues was a “priority” for his team.

Yetter said his team was “shocked” when attorneys representing the state only called one witness for testimony.

KXAN reached out to Gibson, Dunn & Crutcher, the private firm now representing the state in this matter, for comment and will update this story if we hear back. KXAN also reached out to spokespeople at DFPS and HHSC, who declined to comment on pending litigation.

Judge Jack has held the state in contempt of court twice before during the course of the lawsuit, in 2019 and in 2020.

A federal judge will weigh contempt fines over accusations that the state of Texas has failed to improve its foster care system after court mandates, but she won't yet order a partial federal takeover of the state's child welfare agency.

Lawyers for the state and current and former foster kids rested their cases in Dallas federal court Wednesday afternoon after three days of witness testimony. The state rested after less than an hour of direct examination Wednesday.

Plaintiffs sued the state 12 years ago arguing Texas’ child welfare system doesn't properly investigate outcries of abuse by disabled children, that it gives caseworkers too-high caseloads and that it doesn't properly manage the amount and types of psychotropic medications foster children take, among other allegations.

"We got no evidence of good faith ... we got no evidence of a desire to improve," said lead plaintiff attorney Paul Yetter in closing arguments.

Defense attorneys with Gibson Dunn, led by Allyson Ho and Prerak Shah, argue the state’s foster care system is properly overseeing children’s mental health drug prescriptions, and that Texas has complied with Judge Janis Jack's orders to improve its investigations.

Jack has heard testimony since Monday to determine whether Texas should be fined for contempt or be subject to a receivership, which would allow partial federal takeover of the state’s foster care system. Caseworkers have testified their caseloads for children without placement in licensed foster homes — also known as CWOP — continue to stack up and weigh on their performance, mental health and the wellbeing of the children they watch. They said that's worsened by poor conditions in group homes.

Alleged poor oversight of foster children’s use of psychotropic meds — medicine used to treat psychiatric disorders — was the topic of Wednesday’s testimony from medical experts. Psychiatrist Christopher Bellonci testified there's already uncertainty in medical research about how safe it is for children to take two or more psychotropic medications at a time.

Bellonci said that's why the Department of Family and Protective Services' parameters for psychotropic medication use are necessary — state agencies must continually monitor a child's response to medication. Red flags include a child taking too much medicine, or taking certain medicine too young, he said.

But a March 2023 report by Judge Janis Jack's federal court monitors showed out of 161 case files, about 47% of those children were prescribed four or more psychotropic medications. Only 28% of those children actually had their prescriptions reviewed as part of DFPS parameters.

"I frankly didn't understand why that was happening," Bellonci said.

Former foster child Jackie Juarez testified earlier in the week she was prescribed several psychotropics and Benadryl, which she said made her so sleepy she couldn't stay awake in school.

Medical records show "Child C," who had intellectual disabilities, was taking about 12 pills, some multiple times a day, and her records were signed by the group home staff member who was accused of raping her.

Bellonci said he sees evidence Juarez and other kids may be overmedicated, sometimes with the wrong medicine entirely, which “raises tons of concern,” especially when plaintiffs’ lawyers said those prescriptions weren't reviewed.

“We know how to do this, and it’s not being done,” Bellonci said.

Ryan Van Ramshorst, who oversees Medicaid and CHIP Services for the Health and Human Services Commission, was the state’s only witness. He testified the psychotropic medication review process is operating as it should in conjunction with Superior HealthPlan and Star Health, the managed care program for Texas foster children.

He also said the amount of foster children in the state’s care on four or more psychotropic medications has dropped from 6% in 2004 to 2.9% in 2021 — about 1,300 of the 45,870 kids in foster care that year, according to data on the DFPS website.

There were 38,294 foster children in the state’s care last year. About 47,000 are under Star Health as of April. That number includes some former foster care children and teens between 18 and 21.

People who work closely with foster children such as residential providers can request reviews of a child’s prescription themselves, according to Superior policy. Reviews can also be triggered by health screening, automated claims data or a court request.

But plaintiffs’ attorney Paul Yetter questioned why it seemed so few foster care providers made those requests — data showed providers did not make any PMUR requests for children in the first six months of fiscal year 2022.

“Sir, I think this is an opportunity for additional training and improvement,” Van Ramshorst responded.

Through their own request, plaintiffs’ attorneys also received state data that showed 203 children who were taking four or more psychotropic drugs hadn’t been reviewed as of the summer of 2023. A subsequent review of 56 of those children showed 29 of them might benefit from taking less psychotropic medications — but Yetter pointed out nothing had yet been done.

He pressed Van Ramshorst on whether the state’s parameters on psychotropic drugs were in place to keep children safe.

“The parameters are in place to support safe and effective prescription of psychotropic medications to foster children,” Van Ramshorst said.

Yetter and Jack weren’t satisfied with the answer. Jack at times seemed irritated with Van Ramshorst responses, asking if he felt any responsibility to the children of Texas as a state employee.

“I’m committed to ensure the health and safety of children enrolled in Medicaid,” he responded.

Jack didn't give any indication of a timeline for her ruling but said it would be narrow. She also won't order receivership but will carry the plaintiffs' motion to order it forward.

Jack told the court she was sorry the lawsuit had gotten to this point and hoped for better from the state.

"It doesn't hurt to go over and above, not just the minimum standard," she said.

Got a tip? Email Toluwani Osibamowo at [email protected]. You can follow Toluwani on Twitter @tosibamowo.

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FULL: Houston woman shares foster care story

Rona-Lin Frank was raised in foster care and is rising above the odds as she will soon receive her bachelor's degree from Texas Southern University, something only a small percentage of youth in foster care achieve. She shares her story of growing up in the system and how her foster care mother influenced her education and personal growth.

HOUSTON - Many students in universities will be receiving their bachelor's degree in December, and one Houston-area woman is rising above the odds as a foster care student, receiving her degree from Texas Southern University.

Rona-Lin Frank, 25, moved to Houston from New Orleans, Louisiana before Hurricane Katrina struck. She bounced around from relative to relative until Franks says her brother notified Child Protective Services about the treatment she was receiving from her mother and the environment she was living in. Frank then went on to become a foster care youth.

She stayed in one home for a short while before having to leave after a few months and eventually, she found her way to another home with a mother she says was "born into my heart".

SUGGESTED: Sponsor a child in foster care with Depelchin Children’s Center Holiday Project

"The one that I currently have, that has been my mother who was born into my heart I like to call her. You know, we aren't blood, but we are bonded by the situations that brought us together," Frank said.

Her foster mother pushed her to pursue her education and Frank attributes that as what helped her become the woman she is today.

"You know, I feel like not everybody can say that they had a good experience, but I feel like mine was not the worst one that you'll come across," she said. "You know, coming from the circumstances that I did come from, I can say that they were pretty rough. But I can say that I feel like essentially I ended up where I was supposed to be because that changed me as a person in a positive way."

The 25-year-old credits the mother "born into her heart" for being the one to encourage her to take risks and stand up for herself.

Frank is preparing to get her Bachelor of Arts in Psychology from Texas Southern University, which she was also influenced to pursue, based on her experience in foster care when she was younger.

According to a 2017 study from the Texas Higher Education Coordinating Board, "Research shows that although over 80% of youth in foster care report wanting to go to college, only 2-9% who attend college receive a bachelor’s degree."

According to Frank, she had a psychologist who gave her insights she wasn't aware of and brought things out of her she didn't know she was capable of.

"So I feel like the people in my life kind of helped me shape what my career would look like for me, like what I wanted it to look like. So I feel like psychology was the field for me because I really do have a passion for helping people," she stated. "I feel like ever since I got help as an individual, I feel like that's a calling for me as well because I feel like I take pride in that. I take joy in that, and I really do like to see other people succeed."

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Frank's message to other youth in foster care or who were formerly in foster care is to not quit.

"Your circumstances and your situation that landed you into care is not your fault. You know, you can't feel guilty about the things that have happened in your past," Frank said. "It does not mean that you have to give up on life as well, does not mean you have to give up on an education either. There are a lot of resources out there that can help former and current foster youth, and you have to take full advantage of it."

In a soft and sad voice, Jackie Juarez described her life after she entered the state's foster care system in a federal court room in Dallas.

She spent seven years being passed between group homes, hospitals and finally the state’s unlicensed placements. Her time bouncing from placement to placement exemplified a near perfect encapsulation of problems the state is in court defending itself over.

Lawyers for the state’s foster care system are trying to fend off contempt complaints stemming from alleged failures to observe several court orders from federal court monitors and plaintiffs in a case that stretches back 12 years.

In court documents, lawyers for current and past foster children said the state has poor abuse and neglect investigations into intellectually disabled youth, overprescribes powerful psychotropic drugs, has overburdened case workers with large caseloads and extra shifts in unlicensed placements, has not fully informed kids about their rights and how to report abuse, fails to train workers in sexual abuse recognition, and who then fail to provide caregivers with sexual abuse histories of youth. The hearing is expected to last all week.

Lawyers leaned forward to listen to the now 18-year-old Juarez speak about how at one facility staff would tell misbehaving youth that they were there because their parents didn’t want them. She was 11.

She told the court hearing about the year her case worker gave her an iPod for Christmas. The iPod was Wi-Fi enabled and could receive texts. Before long a male staff member started texting her.

“He would say that I look pretty and that he liked my personality.”

Before long he was texting her several times each day. She was 15.

When she reported it, they didn’t fire the man — they took the iPod.

The male staff member got another girl to fight her, and Juarez was moved to a psychiatric hospital, she testified.

The episode highlighted persistent problems in the state’s Provider Investigations, a section of the Health and Human Services Commision that investigates group homes that deal with youth and adults with disabilities.

The section was broken off from another department, and the scope of its work increased past the point of its staffing abilities resulting in eight years of backlogged investigations. It can take months for an investigation to happen — which violates the federal court’s orders — which mandate that investigations begin within 72 hours — 24 hours for serious allegations of abuse and neglect.

“We are very focused on filling the vacancies. That’s been a priority of ours,” testified Stephen Pahl, deputy executive commissioner for regulatory services.

Pahl, who has been in the job for about two years, was grilled about the eight year problem.

Federal court monitors filed a report in September pointing to multiple issues with these investigations from the time start them, to the lack of documentation when a case is ruled out, to several cases where investigators just got it wrong.

“Child C” listed in the report made a dozen outcries of neglect, sexual and physical abuse while staying at C3 Academy. One investigation was delayed as long as a year. In her time there, she was tasered and dropped off at a hospital with a broken jaw.

Abuse was a staple of Juarez’s experience after getting out of the psychiatric hospital. She was then a Child Without Placement (CWOP) or housed in unregulated, unlicensed, and what federal monitors have called unsafe housing in hotels and state offices.

Juarez was in seven different CWOP placements during this time. The hotels would have four beds for 10 children. She reported fights with other kids, female children texting adult men they met on social media to come pick them up, and overworked case workers.

“No caseworkers liked doing CWOP,” she said. The four-hour shifts were often tacked on to already full caseloads. One case worker testified she drove 19 hours in a day, more than 700 miles, because of CWOP.

Juarez talked about being in placements and forced to take as many as eight different drugs a day, from low-level benadryl to more powerful psychotropics.

“They would make me sleepy, and I would throw up every night,” she said.

Her complaints were ignored by staff. A doctor told her to “just give it time to adjust.”

She had been on the drugs for three years at that point.

Attorney's representing foster children have repeatedly questioned how the state provides oversight on prescriptions, implying strongly in one hearing that the system was a rubber stamp for powerful, mood altering drugs.

“No one ever questions the medications,” Juarez said.

Juarez weaned herself off the drugs cold turkey, she said. She’s now in extended foster care, living more independently in a program — finishing her G.E.D. (she said she only got to 8th grade while in foster care). She hopes to go to college.

“Kids need to be heard, and things need to change,” she told the court, her voice wavering. “Everybody tells you ‘Oh, CPS is going to take care of you.’ But just like they let me down. They let a lot of kids down.”