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The Texas Department of Family and Protective Services (DFPS) is responsible for investigating charges of abuse, neglect or exploitation of children, elderly adults and adults with disabilities. It was created effective February 1, 2004 by House Bill 2292 of the 78th Texas Legislature (2003) as the first new agency in a major reorganization of Texas's health and human services system. Prior to this time the agency had been called the Texas Department of Protective and Regulatory Services (PRS). The change was made to help "consolidate organizational structures and functions, eliminate duplicative administrative systems, and streamline processes and procedures that guide the delivery of health and human services to Texans."
According to the Texas Attorney General, DFPS is neither a juvenile nor an adult criminal justice agency. The Texas Youth Commission is the state juvenile justice agency, while the Texas Department of Criminal Justice is the adult justice agency.
DFPS has a documented history of issues with children placed in its care. A 2004 report by Texas Comptroller Carole Keeton Strayhorn was very critical of the Texas foster care system. A follow-up statement with continued criticisms of the Texas foster care system was made in 2006 by the Comptroller, and renewed a request to have the governor create a Family and Protective Services Crisis Management Team.
The Comptroller stated that in fiscal 2003, 2004 and 2005, respectively 30, 38 and 48 foster children died in the state's care. The number of foster children in the state's care increased 24 percent to 32,474 in Fiscal 2005, while the number of deaths increased 60 percent. Compared to the general population, a child is four times more likely to die in the Texas foster care system. In 2004, about 100 children were treated for poisoning from medications; 63 were treated for rape that occurred while under state care including four-year old twin boys, and 142 children gave birth. A 12-year-old boy died in December 2005, suffocated while being restrained from behind by an employee of the facility. Another died May 30, after drowning in a creek during a bicycle outing. A three-year old was treated for poisoning from an atypical, mind-altering anti-psychotic drug.
The Comptroller's office also found significant financial problems in a 2005 audit of DFPS.
Gene Grounds of Victim Relief Ministries reported no hysteria or crying children from children removed from the ranch. He commended CPS workers as exhibiting compassion, professionalism and caring concern.
John Kight, chairman of an organization that provided mental health workers to assist FLDS children and mothers from the YFZ Ranch recounted to the Texas governor's office that DFPS' Child Protective Services had seemed out of control at the temporary shelters, describing "how abusive CPS was and how they've trampled all over their rights." One of the workers who assisted at the shelter remarked that "wonderful loving women and children are being treated like convicts in a concentration camp by the state of Texas". Another wrote "I have never seen women and children treated this poorly, not to mention their civil rights being disregarded in this manner" after assisting at the emergency shelter. "The CPS workers were openly rude to the mothers and children, yelled at them for tryin to wave to friends.. threatened them with arrest if they did not stop waving" Workers took notes on everything the "guests" said. Some compared it to a prison or concentration camp. By contrast, one worker noted the children were "amazingly clean, happy, healthy, energetic, well behaved and self-confident," while the mothers were "consistently calm, patient and loving with their children."
Caregivers who were previously forbidden to discuss conditions working with CPS later produced unsigned written reports expressed anger at the CPS traumatizing the children, and for disregarding rights of mothers who appeared to be parents of healthy, well-behaved children. CPS threatened some workers with arrest, and the entire mental health support was dismissed the second week due to being "too compassionate." Workers believed poor sanitary conditions at the shelter allowed respiratory infections and chicken pox to spread.
After being removed from the temporary shelters the FLDS children were placed in 16 group shelters and foster homes. Minors with children were sent to the Seton Home in San Antonio, older boys to Cal Farley's Boys Ranch in Amarillo. Some parents stated on the Today Show that they were unable to visit their boys due to a shortage of CPS staff. Newspapers released names of facilities caring for the FLDS children that have requested donations of specific items, help or cash.