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HB 2864

Relating to applying an active efforts standard for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services.

89th Legislature (2025) Introduced by Candy Noble

HB 2864 requires DFPS to demonstrate active efforts before removing Native American children, raising child safety concerns while potentially reducing disproportionate removals from tribal families.

Referred to Human Services
#conservatorship(s0683) #family&protectiveservices #departmentof(v0461) #fostercare(s0064) #family--childprotection(i0351) #family--parent&child(i0355) #minors--health&safety(i0533)
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Bill Summary · HB 2864

Legislative bill overview

HB 2864 would require the Department of Family and Protective Services (DFPS) to apply an "active efforts" standard when seeking to remove Native American children from their families' managing conservatorship. This standard, rooted in the Indian Child Welfare Act (ICWA), sets a higher legal threshold for removal by requiring documented, good-faith attempts to prevent family separation before removal occurs.

Why is this important

The bill addresses a critical intersection of child welfare and Native American sovereignty. Texas has faced scrutiny for removing Native American children at disproportionate rates compared to other populations. Implementing "active efforts" could reduce unnecessary family separations, honor tribal sovereignty, and align state practices with federal ICWA requirements, though it may also slow removal proceedings in cases involving genuine safety threats.

Potential points of contention

  • Child safety vs. family preservation: Critics may argue that a higher removal threshold could delay intervention in cases of serious abuse or neglect, potentially putting children at risk
  • Implementation costs and burden: DFPS would need resources to document "active efforts" in every case, potentially straining already-stretched caseworker capacity
  • Scope ambiguity: The bill's language regarding which children qualify and what constitutes sufficient "active efforts" may create legal uncertainty and inconsistent application across regions
  • Tribal coordination requirements: The bill may impose administrative obligations on DFPS to work with tribes, raising questions about inter-governmental cooperation feasibility

Compiled from official sources — confirm details with the bill’s official record.

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