TExAs DEPARTMENT OF FAli[Lv AN]) PROTEcTivE SERVIcEs

COMMISSIONER

H. L. Whitman, Jr.

October 27, 2016

The Honorable Jane Nelson

Chair, Senate Finance
Texas Senate
P. 0. Box 12068
Austin, Texas 78711-2068
Dear Chair Nelson:
I have been on the job as commissioner of DFPS for almost six months. In that time, I have
discovered a crisis in the making for the past decade or more. I have appreciated the welcoming
ear of the Legislature over the past several months as I have brought forward numerous
indicators of this crisis and solutions on which we can partner for the improved safety of Texas
children.
A glaring cause of this crisis is that our workers are outnumbered by the opponent child abuse
and neglect. I recently submitted to you a Legislative Appropriations Request seeking a
significant increase in workers. And because Texas children cannot wait for the next biennium
to begin, in recent weeks, Governor Abbott, Lt. Governor Patrick, and Speaker Straus directed
me to identify staffing needs necessary on an urgent basis to address the most critical needs. In
response, I submitted to you last week a request to hire a portion of those workers now.

And now last night, I had the opportunity to engage with Senators via your committee hearing to
discuss this crisis in another forum. I appreciate the Committees time and attention to the
important issues facing DFPS particularly the fact that there are more than 2,000 children who
have been reported as possible victims of child abuse or neglect, and have not yet been seen.
Since Ive been here, the agency has deployed all available resources across the state to find
these children immediately. At the same time, the agency has worked with the Department of
Public Safety (DPS) and local law enforcement to assist our caseworkers in this effort.
DPS, in coordination with Child Protective Services (CPS) regional staff and investigators, have
deployed special agents to help locate children to ensure their safety. In those cases where DPS
701 W.

51ST STREET

+ P.O.

Box

149030 +

AusTIN,

TExAs 78714-9030 + (512)438-4800

An Equal Opportunity Employer and Provider

The Honorable Jane Nelson

October 27, 2016
Page 2

makes initial contact, CPS will follow up to conduct interviews with children, parents and
collaterals to complete the investigation. CPS will continue to use Special Investigators for hard
to locate children.
While this surge in resources and effort will address the immediate problem, it is not sustainable
and the agency will need additional staff to help stave off future crises; therefore, I am requesting
authority to hire an additional 200 investigative caseworkers in CPS to ensure that more children
are seen timely. Also, to assist with the investigations and locate children and their families
timely, the agency requests to hire an additional 100 special investigators to add to the current
total of 179. These individuals are uniquely positioned to assist with the most complex and
serious investigative cases. CPS is stretched in other stages of service. To address this increasing
need, I am requesting additional Family Based Safety Services (145) and Conservatorship (105)
caseworkers. The additional front-line staff will be strategically placed in those areas of the state
where need is the highest.
This request for additional investigators and caseworkers is only the first step in addressing the
needs of CPS. During the upcoming session, I will work with each of you to discuss our strategy
of addressing workload throughout the state.
I also want to make clear that bringing in new staff is just one component of ensuring child
safety. The agency must continue efforts to retain our caseworkers.
CPS has taken a number of steps to improve the work environment, train and support staff. The
agency has implemented an improved caseworker training model that has shown positive results
st
and will roll out a new supervisor training model on December 1
The agency also has
implemented new performance evaluations and performance plans to caseworkers and
management and caseworker schedules have been modified to better suit employee work-life
balance and facilitate child contacts in off hours.

Various surveys have shown that caseworkers and supervisors often have issues with their
managers. To address this, the agency is developing new professional development courses
specific to CPS Program Administrators and Program Directors. Management must be trained to
use proven techniques to support staff in quality decision-making and other skills necessary.
The agency has seen positive results, particularly from the new training models, but these alone
will not end the high turnover at CPS.
I believe that providing a salary increase will have a positive impact on retention, which may
reduce our staffing exceptional item in the FY20 1 8-19 Legislative Appropriations Request.

The Honorable Jane Nelson

October 27, 2016
Page 3

Settling on the ideal salary to diminish turnover is difficult. Our research of US Labor Statistics
shows that comparable jobs in the Texas market pay more than salaries at CPS.
In 2013, energy exploration within Texas increased the cost of living in Region 9. In response to
this challenge, the 83rd Legislature, Regular Session, 2013 authorized DFPS to offer locality pay
to employees. In fiscal year 2014, DFPS began providing a $1,000 per month locality pay
incentive for employees living in Midland, Andrews, Ector and Ward counties.
Since locality payments began, CPS has experienced a 49.7 percent decrease in turnover over a
three year period: from 42.7 percent turnover to 21.5 percent turnover. Because of the successes
in this area, I am proposing a $1,000 a month increase in pay to caseworkers, supervisors and
program directors across the state.
Table 1 below shows the location of staff by region and stage of services as well as support staff.
Table 1: Additional FTEs (Caseworkers, Special Investigators, and Support Staff)
i !SJ

020 (Abilene)
030 (Dallas)

CVS

FBSS

20.0
83.0

40.0

050 (Beaumont)

20.0
41.0

16.0

060 (Harris & surrounding)

53.0

40.0

070 (Austin)

64.0

10.0

08 (San Antonio)

69.0

10.0

Total
164.0
16.0

60.0

153.0

23.0

166.0

21.0

31.0

Caseworkers

200.00

100.00

105.00

145.00

550.00

Regional Supervisors

33.0

10.0

15.0

21.0

79.0

Regional Unit Support

33.0

30.0

42.0

105.0

Regional Management

26.0

8.0

6.0

40.0

Training/Hiring

15.6

1.4

8.2

1 1.3

36.5

Agency Support

6.3

4.2

3.3

4.5

18.3

TOTAL

313 115 6

16j429 8

8288

Table 2 identifies the general revenue and all funds authority needed to support the increased

staffing levels estimated at $53.3 million all funds. Additionally, the estimated impact to
employee benefits is also included.

The Honorable Jane Nelson

October 27, 2016
Page 4
Table 2: Additional Appropriation Authority for Fiscal Year 2017 Critical Needs

si

INV

$ 8,026,717

$ 5,608,470 $ 7,603,741
$ 2,667,170 $ 3,616,043
831,283
$ 613,149 $
$ 8,888,789 $ 12,051,067

$ 30,542,224
$ 11,917,020
$ 2,968,755
$ 45,427,999

14,792,526

$ 6,236,01 1
$ 623,637
$ 349,196
$ 7,208,844

$ 5,039,870 $ 6,832,855
$ 2,396,766 $ 3,249,440
747,005
$ 550,986 $
$ 7,987,622 $ 10,829,300

$ 27,442,229
$ 10,708,488
$ 2,667,575
$ 40,818,292

2,836,663
2,545,991

$ 1,415,608
$ 1,270,055

$ 1,531,733 $
S 1,374,777 $

$ 6,943,512
$ 694,391
$ 388,814

Total

$
$

10,386,501
4,939,416
1,135,509
16,461,426

Caseworkers
Regional Unit Support
Agency Operations

$
$
$

9,333,493
4,438,645
1,020,388

Total

[timated Benefit Impact (AF)

Estimated Benefit Impact (GR)

$
$

Caseworkers
Regional Unit Support
Agency Operations

All F Ufl d S

General
Revenue

$
$

cvs

2,076,662 S
1,863,867 $

7,860,666]
7,054,689]

Table 3 below shows the estimated costs and impact on employee benefits.
Table 3: Estimated Cost Associated with Salary Increase
Strategy
B.l.l

Function
Caseworker

894.0
160.0
196.0
7,027.5
470
50
7.0
59.0
7,086.5

49,205
58,555
44,385
41,433
43,742
51,671
54,636
45,674
41,469

Current Av
Base Salary

1,935.0

Conservatorship
Foster and Adopt
Family Based Safety Services
ISee You
Investigation
Kinship
Other

Caseworker Supervisor
Non Caseworker
Program Directors
Non Caseworker
Senior/Special Investigator
Non Caseworker
B.1.1, CPS Direct Delivery Staff Total
Preparation for Adult Living
Caseworker
B 1.2
Caseworker Supervisor
Non Caseworker
Non Caseworker
Program Directors
9.1.2, CPS Program Support Total
GrandTotal

S
S
936,0 S
101.0 $
2,326.0 $
2)3.0 $
50.5 $

Proposed Avg
Current Avg
Estimated
Salary
Salary
3
Annualized Impact
,
i
(md Stipends)
(md Stipends)
22,752,000
40,077 $
51,835 S
39,632 S
55,377 $
2,568,000
43,489 $
43,311 $
11,076,000
51,653 $
39,819 $
39,430 $
1,200,000
57,194 $
45,313 $
45,159 $
27,504,000
55,928 $
44,104 $
38,693 $
2,520,000
55,939 $
44,108 $
43,888 $
594,000
55,909 $
44,702 $
44,475 S

Total FTEs

Caseworker Type

216.0

$
$
S
$
$
$
$
S
S

$
$
$
$
5
$
$
S
S

51,724
58,705
49,104
43,869
43,992
51,671
54,636
45,874
43,886
Estimated

63,496
$
70,555
S
61,043
$
55,672
S
55,492
$
63,671
$
66,636
$
57,474
$
55,687
$
General Revenue

$
$
$
S
$
$
$
S
$
$

10,524,000
1,896,000
2,340,000
82,974,000
552,000
60,000
84,000
696,000
83,670,000
75,141,68I

Estimated Impact Effective 12/)/16

Estimated General Revenue

62,752,500
56,356,26l

Estimated Employee Benefits

Estimted State Share

20,319,260
18,248,157

Average salary includes mentor stipend (5%), investigative stipend (4t%). and locality pay (2%) if applicable.
Proposed average salary assumes locality pay discontinued and pay increase applied (114 ETEs impacted) )Some FTEs less than 100%].
Proposal assumes $ 1.000 per month salary increase on base pay effective December 1,2016.

The Honorable Jane Nelson

October 27, 2016
Page 5

Applying the salary increase to our request for additional investigators and caseworkers will cost
and additional $8.2 million all funds (Table 4).
Table 4: Additional Appropriation Authority for Fiscal Year 2017 Critical Needs
including Salary Increase

.ll

General
lvenue

1,cseworkers
[onaI Unit Sipport
[igencyOperations

$
$
$

11,805,088 $ 8,052,3121
5,614,04t $ 805,2781
1,290,59 $ 450,903{
18,1f $808,494

Casiorkers
FgionaI Unit Sipport
gency Operations
Total

$
$
$

10,605,381
5,043,5(
1,159,438

imated
imated nefit lmp (GI

I$

$ 7,230,148J
$ 723,057J
$ 404,865J
$ 8,358,074

$ 6,374,4731
$ 3,031,4511
$ 696,892f
$ 10,102,8161

$ 8,642,2581 $ 34,874,131
$ 4,109,9211 $ 13,560,69(
$ 944,8191 $ 3,383,211
$ 13,696,9981 $ 51,818,03

$ 5,726,66d[ $ 7,763,9791: $
$ 2,723,377 $ 3,692,244 $
$ 626,070 $ 848,801J $
$ 9,076,107 $ 12,305,024 $

31326,168
12,182,18E
3,039,17
46,547,521

3,461,558 $ 1,771,529 $ 1,869,162 $ 2,534,136 $ 9,636,385

3,106,266 $ 1,589,172 $ 1,677,312 $ 2,274,033 $ 8,646,783

As we discussed in the hearing, DFPS still struggles with finding placements for children
entering substitute care, especially those with high needs. The result of this capacity issue is that
the agency enters into expensive contracts with providers that are not the best setting for children
or they end up sleeping in CPS offices, hotels or in a hospital bed until a placement is found. As
Governor Abbott, Lt. Governor Patrick and Speaker Straus directed in their letter to me on
October 12, 2016 I will not tolerate inferior operations. Our children deserve nothing less than
high quality placements.
-

CPS has observed significant success in capacity building through our Foster Care Redesign
contract in the Ft. Worth area. As part of the agencys Legislative Appropriations Request, the
agency is seeking funding to establish Foster Care Redesign in eight new areas of the state. We
must eliminate duplications that exist in the current redesign model, and also explore the idea of
implementing a holistic community-based care model in Texas.
Foster Care Redesign expansion will take a few years before being fully operational in these new
areas. In order to stabilize and improve the foster care system sooner, DFPS is working to
implement a treatment foster family program that will place children with mental health and/or
socio-behavioral needs that cannot be met in traditional foster care settings with highly skilled
professional foster parents. These will be short-term intensive services designed to stabilize the
child and work to transition them to a less-restrictive, more family like setting.

The Honorable Jane Nelson

October 27, 2016
Page 6

Also, DFPS is developing an integrated care coordination program. This program will focus on
the highest needs children those children in hospitals beyond medical necessity, those who have
had multiple placement disruptions and children that have moved between several RTCs and
may be on a trajectory to have a child specific contract or psychiatric admission. Under this
program, a single vendor/entity will be responsible for care coordination; with a no eject/no
reject framework. This vendor will be held accountable for ensuring that children access all
necessary services, including those within the existing STAR Health array.
-

Finally, DFPS is considering a request for provider rate increases and funding to cover start-up
costs for new facilitates through our Legislative Appropriations Request. In the coming weeks,
CPS will submit a plan that addresses the short-term and long-term needs for appropriate
placements.
Again, let me express my sincere appreciation for the intense focus and commitment that you,
and other members of the Committee, have brought to bear on this critical issue. As you so
clearly described during the hearing, we have to protect each and every child in this state, each
and every day.
Sincerely,

H. L. Whitman, Jr.
cc: Governor Greg Abbott
Lieutenant Governor Dan Patrick
Speaker Joe Straus