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Child advocates concerned with current state law making it harder to remove children from homes

The concern over a state law from 2021 stems from a recent case of a 1-year-old child found burned in Bexar County.

SAN ANTONIO — A horrific child abuse and neglect case out of Bexar County is stirring up a debate over a state law.  

Last month, deputies arrested Amanda Mann and Dustin Lawrence after their 1-year-old girl was found critically hurt with burns all over her body.  

Instead of seeking medical help, investigators said the two injected the girl with meth. They are now facing child endangerment charges.  

On Friday, KENS 5 reported that the Texas Department of Family Services previously tried to remove the children from the home. The District Attorney denied the request, citing a lack of evidence. The District Attorney also added in a statement Friday, lawmakers are making it harder to remove children from homes.  

The law the DA is referring to is from 2021. It addresses child neglect cases. It required more proof from Child Protective Services to remove children from their home.  

The CEO of CASA or Child Advocates San Antonio, Angie White, said while the lawmaker behind the change had good intentions, it may be leaving children in unsafe situations.  

“We have children left for longer and then, they’re the media stories,” White said.  

White said like many laws involving children, this one is complicated. She said while the goal is to keep as many kids out of foster care as possible, the language in House Bill 567 is confusing.  

Before the change, a judge could remove a child from a neglectful home if they were at a “substantial risk”. The law in 2021, changed it to “immediate danger.” 

“It just doesn’t have clarity to it,” White said.  

White said the law had an immediate effect on how many children were being removed from their homes. In 2019, according to data from TCPS, in Bexar County there were more than 1,700 children removed. In 2022, after the law, there were less than 1,100 removed.  

“The children we are seeing, their harder than they were, several years ago, prior to the bill,” White said.  

While White hopes most of the children, who because of the law, stayed with their families are doing well, she said she can’t help but worry about the children who may be in danger.  

“How do we adjust when one of the unexpected consequences is what we’re seeing with children being harmed?” White asked.  

White said this past legislative session, there was some discussion about changing the law but it did not gain much traction. Still, she said CASA will continue to advocate for change. 

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