CPS Chief Laura Seibert Opposes Bill Shifting Burden of Proof in Child Removal Cases

May 07, 2025 | Committee on Health & Human Services, Senate, Legislative, Texas


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CPS Chief Laura Seibert Opposes Bill Shifting Burden of Proof in Child Removal Cases
The Senate Committee on Health and Human Services convened on May 7, 2025, to discuss a proposed bill concerning child protective services (CPS) and the standards for removing children from their homes. The meeting featured testimony from various stakeholders, including Laura Seibert, the CPS chief for the Smith County District Attorney's Office, who expressed strong opposition to the bill.

Seibert highlighted that the proposed legislation would impose a "beyond a reasonable doubt" standard on CPS caseworkers, which she argued is typically reserved for criminal cases. This shift would require caseworkers to prove not only the past actions of parents but also their ongoing efforts to assist families, regardless of parental participation. Seibert warned that this could lead to significant unintended consequences, including children remaining in the CPS system longer than necessary if safe family placements are not available.

She emphasized that the current legal framework already prioritizes keeping children with their families and only allows removal in emergency situations. Seibert noted that in 2024, 77% of children exiting the CPS system in Smith County were placed with family members, underscoring the effectiveness of existing practices.

The discussion also touched on the Indian Child Welfare Act (ICWA) and its standards, with questions raised about how many states have adopted similar measures. Seibert and other committee members noted the challenges of implementing such stringent standards and the potential harm they could cause to children in the system.

The meeting concluded with a call for further evaluation of the bill's implications, as stakeholders expressed a shared goal of supporting families while ensuring child safety. The committee is expected to continue deliberating on the proposed legislation in the coming weeks.

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