89th Legislature Regular Session

SB 2041

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 2041 seeks to strengthen Texas's foster care placement process by expanding the statutory factors the Department of Family and Protective Services (DFPS) must consider when placing children. Currently, DFPS is directed to prioritize placements that are the least restrictive, geographically close to the child’s original home, capable of meeting the child's identified needs, and aligned with any expressed interests of the child, when developmentally appropriate. SB 2041 adds a critical new consideration: whether the placement is able to meet the child’s long-term needs, particularly focusing on placement stability.

By explicitly requiring DFPS to account for a child's long-term welfare in addition to immediate needs, the bill aims to minimize the disruptive effects of repeated foster care moves and provide a more secure environment conducive to healthy development. This change recognizes that frequent relocations can compound trauma for children in foster care, and emphasizes the importance of establishing lasting, supportive placements that promote permanency and emotional security.

The bill makes a technical amendment to Section 264.107(c) of the Texas Family Code. It reflects an incremental but meaningful refinement of foster care policy, focused on improving child outcomes without creating new government programs or mandates.

Author
Kelly Hancock
Sponsor
Candy Noble
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2041 is not expected to have a significant fiscal impact on the State of Texas. The bill modifies the factors that the Department of Family and Protective Services (DFPS) must consider when selecting foster care placements by adding a requirement to evaluate whether a placement can meet the long-term needs of the child, including providing placement stability.

The LBB analysis assumes that any administrative adjustments or additional considerations required by the bill could be absorbed within DFPS’s existing resources without necessitating new funding or major reallocations. Therefore, the bill is not expected to require an appropriation of new funds or to result in additional budgetary burdens for the agency.

Additionally, no fiscal implications are anticipated for local governments. Units of local government, such as counties and municipal child welfare offices, are not expected to incur new costs as a result of this legislation.

Vote Recommendation Notes

SB 2041 strengthens Texas’s foster care placement policies by requiring the Department of Family and Protective Services (DFPS) to consider a child's long-term needs, including placement stability, when selecting foster care placements. This change addresses real concerns about children's well-being, aiming to prevent disruptions caused by unstable or unsuitable placements and to promote better emotional and developmental outcomes for children in foster care.

Importantly, SB 2041 does not grow the size or scope of government. It simply refines an existing decision-making process within DFPS without creating new programs, agencies, or enforcement mechanisms. Likewise, according to the Legislative Budget Board, the bill does not impose a fiscal burden on taxpayers, as any minor administrative costs can be absorbed within the agency's current resources. The bill also does not increase regulatory burdens on individuals, families, businesses, or private organizations. It only adjusts internal agency evaluation criteria, meaning there are no new mandates, fines, or compliance obligations imposed on the public.

By strengthening foster care practices without expanding government, adding costs, or burdening private actors, SB 2041 upholds critical liberty principles, particularly individual liberty, personal responsibility, and limited government. Accordingly, Texas Policy Research recommends that lawmakers vote YES on SB 2041.

  • Individual Liberty: The bill supports individual liberty by prioritizing the well-being, stability, and expressed interests of foster children when DFPS makes placement decisions. By requiring the agency to consider a child's long-term needs and relationships, the bill ensures that the voices and unique circumstances of vulnerable children are more fully respected. This approach treats foster children as individuals with rights and preferences, aligning with the principle of protecting individual freedom and dignity.
  • Personal Responsibility: The bill encourages personal responsibility by promoting thoughtful, sustainable stewardship of foster care placements. It reinforces the duty of both DFPS and foster caregivers to prioritize the best long-term outcomes for children, rather than making purely short-term or administratively convenient decisions. In doing so, it supports a culture where responsibility for children's well-being is seriously and proactively considered, fostering stronger, more accountable caregiving relationships.
  • Free Enterprise: The bill does not impact free enterprise. It imposes no new regulations, costs, or operational constraints on private businesses, foster families, or nonprofit foster care agencies. Its effects are limited to DFPS’s internal decision-making process. Thus, it leaves economic freedoms untouched, fully respecting the principle of a free and unencumbered marketplace.
  • Private Property Rights: The bill has no effect on private property rights. It neither expands nor restricts property ownership, land use, or personal economic control. Since it deals exclusively with child placement decisions by a government agency and does not interfere with private contracts, ownership, or the exercise of property rights, it is neutral regarding this principle.
  • Limited Government: The bill reinforces the principle of limited government by refining, not expanding, the responsibilities of DFPS. It does not create new agencies, grant new regulatory authority, or expand the reach of government into private life. Instead, it simply enhances an existing statutory framework to better serve children’s interests, ensuring government action remains focused, minimal, and appropriately tailored to protecting vulnerable individuals without unnecessary expansion.
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