Prevention Over Removal: Texas's Strategy to Keep Families Together

Texas is home to one of the largest child populations in the United States, yet its foster care entry rates remain relatively low compared to other states. This isn't accidental — it's the result of a deliberate strategy that prioritizes prevention and early intervention over removal.

The PEI Division Moves to HHSC

In a major organizational shift, the 88th Legislature passed SB 24, transferring the Prevention and Early Intervention (PEI) division from DFPS to the Health and Human Services Commission effective September 1, 2024. Renamed the Family Support Services Division, it received an additional $65 million in funding — a signal that lawmakers view prevention as a health and family support issue, not just a child welfare function.

Alternative Response

DFPS uses an Alternative Response (AR) pathway for certain reports of abuse or neglect where there is no immediate danger. Instead of a formal investigation, AR engages families in voluntary services — a supportive approach that addresses concerns before they escalate to removal. This non-investigative track reflects a growing national consensus that not every report requires an adversarial response.

SMART Innovation Grants

SB 26 created the Supporting Mental Health and Resiliency in Texans (SMART) Innovation Grant Program, funded at $15 million per year. The program targets mental health early intervention with specific priorities including reducing the number of children at risk of residential treatment center placement and foster care entry.

Federal Alignment: Family First Prevention Services Act

Texas's direction aligns with the federal Family First Prevention Services Act (FFPSA), which emphasizes keeping children safely with families and limiting placements in congregate care. FFPSA mandates that states seeking Title IV-E funding provide robust prevention services for families in the child welfare system.

The Texas Children's Commission collaborates with Casey Family Programs, the PEI division, and national partners on FFPSA implementation best practices.

The Bottom Line

Texas's approach reflects a fundamental insight: the most effective way to protect children is to support their families before crisis hits. With $65 million in new prevention funding, a dedicated mental health grant program, and the organizational elevation of prevention services, the state is investing in keeping families together — and the early results suggest it's working.

Sources: DFPS PEI Data Book, 88th Texas Legislative Session (SB 24, SB 26), FFPSA Implementation Resources, Texas Children's Commission