Texas
The numbers show a child welfare revolution in Texas
In 2015, U.S. District Judge Janis Graham Jack declared that the conditions for children in the Texas foster care system were so bad that it represented a violation of the children’s constitutional rights. Texas children, she wrote, had been “shuttled throughout a system where rape, abuse, psychotropic medication, and instability are the norm,” and where children “often age out of care more damaged than when they entered.”
Ten years later, dramatic changes have shaken the child welfare system in Texas. Much work remains, but the outcomes are nothing short of shocking. Texas now removes fewer children, keeps more children out of foster care, and protects more children from abuse and neglect than ever before. Accomplishing all three of these goals at the same time is something few people thought was possible.
Many Texans may not realize how quickly a child can be removed from their home if Child Protective Services believes there is an immediate risk. Even today, after years of reforms, a court has the authority to take a parent’s child even when the parent, CPS, and the judge all agree that the parent is most likely innocent of abuse and neglect.
Nationally, 1 out of every 3 children will experience a CPS investigation by age 18, according to a study published by the American Journal on Public Health. For Black and Native American children, it’s more than 1 out of every 2.
Once a child is removed, he or she will stay in foster care for an average of 14 months. In Texas, only a third of them will ever return home. Reform advocates often point out that a stranger who is accused of abusing a child is entitled to a litany of due process protections in a criminal trial that a parent is never afforded in a civil trial — even when the parent is accused of the same conduct. Yet, it is the parents who face the prospect of losing their child completely.
Termination of parental rights is often referred to as the “death penalty” of civil law. It’s not hard to see why. Most parents would sooner go to jail than lose their children.
In 2018, Texas removed 20,685 children from their homes. That same year, 211 children died from abuse and neglect in Texas. But since that time, the system has been shocked by a barrage of reforms. In 2024, Texas removed 9,220 children — a 55% drop in just six years. Furthermore, 99 children died from abuse and neglect in 2024 — a 53% drop.
Also in 2018, a new set of CPS reforms began taking effect, reforms that would set the tone for nearly eight years of earthshaking changes to the child welfare system in Texas.
State Reps. Gene Wu, D-Houston, James Frank, R-Wichita Falls, and Dustin Burrows, R-Lubbock, who is now the speaker of the Texas House, worked together in 2017 to craft and pass HB 7 with the help of Sen. Bryan Hughes. The bill included a long list of due process reforms to Texas CPS law. Among other reforms, the bill prohibited child removals based on a family being low-income, required CPS to end its practice of suing parents in multiple courts at the same time (one court for each child), and prohibited CPS from terminating the rights of both parents when they only had evidence against one. The bill passed the Legislature with near unanimous support. Due process in CPS cases had gotten the Legislature’s attention.
In the years following, due process reforms in Texas sped up. In 2020, the Texas Supreme Court ended a practice whereby a jury could terminate parental rights even when jurors could not agree on what the parent had done wrong — a rule change specifically set in motion by HB 7.
In 2021, HB 567 dramatically reformed the definition of child neglect. In 2023, HB 730 required CPS caseworkers to inform parents of their rights before questioning them, like police officers do with criminal suspects. Both bills included numerous other reforms as well, and they were accompanied by a slew of other bills each making additional “pro-family” reforms to the system — reforms ranging from narrowly targeted due process changes to broad new standards of training for CPS caseworkers. Almost all of the bills passed with broad bipartisan support.
In 2021, Rep. Wu put clear words to the problem when describing how HB 567 changed the definition of neglect to prohibit the removal of a child unless there was an immediate danger. “We’ve always looked at what we’re doing for kids, but we don’t consider often what we’re doing to kids. … We guarantee you, if you strip them from their family, they will be traumatized. The question that we’ve never asked is this: Is it worth it?”
Because fewer children are being removed from their homes, the total number of children sitting in foster care has also plummeted, according to Texas Department of Family and Protective Services data. Altogether, the shift in the system since the 2018 reforms began has been dramatic:
- Children removed by CPS each year: down 55%
- Child deaths from abuse and neglect: down 53%
- Number of children sitting in foster care: down 47%
- Number of children waiting for adoption: down 43%
- Six-month and one-year recidivism rates: both at the lowest levels ever recorded (five-year rates have been essentially flat since 2015).
The Texas Legislature is now well into the 2025 legislative session. More reforms to the system are already being proposed. There are many holes left to be filled. In his State of the Judiciary speech before the Texas House and Senate, Supreme Court Chief Justice Jimmy Blacklock spoke for several minutes about the critical importance of ensuring due process for families in the CPS system. At the state’s highest court, due process for families is now a point of critical focus.
Doubtless, not all of the positive changes in the system are attributable to the due process reforms of the last seven years, but many of them clearly are.
One thing is apparent: Texas is embracing the theory of due process in the child welfare system, and seven years in, outcomes for families and children have dramatically improved.
Jeremy Newman is vice president of Family Freedom Project.
For more than a year, high-profile Texas Republicans have argued that Muslims are secretly plotting to take over Texas, centering their outrage on the East Plano Islamic Center, a mosque and Muslim community in North Texas known as EPIC. That hysteria resulted in a range of government enforcement actions last year, including a probe by the Texas Funeral Service Commission that barred EPIC from performing funeral rites. Last July EPIC sued the state, alleging Texas had violated its religious freedom. Late Wednesday, a federal judge in the Western District of Texas ruled that the mosque’s lawsuit can proceed despite the state’s attempt to dismiss it. In his ruling, the judge also issued a strong rebuke to claims made by Governor Greg Abbott and other state officials, writing that “no evidence has been presented” that EPIC intends to impose “Sharia law,” Islamic teachings based on the Quran and words of the Prophet Muhammad, on Texans.
The case stems from last March, when the funeral commission issued a cease and desist order that barred the mosque from performing traditional cleansing, shrouding, and prayer over bodies, on the grounds that EPIC may have been unlawfully conducting such rites without a license. (EPIC denies this allegation.) As Texas Monthly has reported, the agency was pushed to issue the order by some of Abbott’s closest advisers, who had made unsupported claims that EPIC and a proposed housing development it was affiliated with, EPIC City, was building a “no go zone” exclusive to Muslims (it was not).
EPIC sued the funeral commission in July 2025, arguing that the cease and desist order was an unconstitutional prohibition on religious practices. In Islam, preparing bodies for funerals stands as one of the most sacred rites; by the time of EPIC’s lawsuit, according to the petition, at least eleven congregants had been forced to receive rites elsewhere—away from their home mosque.
EPIC later amended its lawsuit to include former funeral commission chair Kristin Tips after text messages were released showing she had shared anti-Muslim messages and videos as the agency’s investigation unfolded. Among the examples was a graphic Tips had sent to the commission’s then–executive director, Scott Bingaman, that accused Islam of allowing child marriage and pedophilia. After sending it, Tips texted Bingaman a YouTube video with the title: “EPIC CITY TEXAS! Are Muslims planning a TAKEOVER?”
For nearly a year, the case has been locked in a procedural back-and-forth as Tips and the agency—represented by Attorney General Ken Paxton’s office—have pushed for the court to dismiss the case. Late Wednesday evening, Judge David Alan Ezra, a Ronald Reagan appointee, issued an order denying Tips’s attempt to dismiss the lawsuit. He also rejected Tips’s claim of qualified immunity, which can shield government officials from personal liability in civil cases. That rejection is rare in courts, such as this one, that appeal to the Fifth Circuit, which is one of the most conservative federal appellate courts in the country and is typically welcoming to government defendants.
In his ruling, Ezra cited the funeral commission’s deviation from historical norm in the EPIC case, as the agency has repeatedly asserted—first in 1987 and again in 2014—that Islamic religious organizations could conduct funeral and burial services without government oversight. The judge also affirmed that the alleged conduct—including the cease and desist order and Tips’s anti-Muslim messages—was seemingly “the result of religious discrimination” that violated EPIC’s clearly established religious rights under the Constitution’s Equal Protection Clause and other laws protecting religious liberty. In a rather remarkable footnote, the judge added that, based on the evidence offered, the court firmly rejected claims “suggesting that EPIC has applied, or intends to apply, ‘Sharia law’ in its practices.”
Though the case will now continue to wind through the courts, the judge’s ruling is a firm rebuke of the anti-Muslim political hysteria fueled by Abbott and his team of advisers. As Texas Monthly reported this month, the governor’s inner circle took an unusually active role in the funeral commission’s regulatory case against EPIC. After being looped into the agency’s pending investigation, which stemmed from an April 2024 complaint levied by a private individual, the governor’s attorneys, including Abbott’s general counsel, Trevor Ezell, edited the boilerplate cease and desist order the commission was ready to issue to make it more severe and punitive.
The original document, drafted by a funeral commission staffer, included a line warning that noncompliance would result in the agency taking “legal action.” Abbott’s team struck that line and suggested replacing it with a “criminal referral” to the Collin County district attorney—in what amounted to a hijacking of the agency’s usual independent regulatory process. At one point, a close adviser of Abbott even reported to a commission staffer that Abbott had texted him that after the cease and desist order was sent out, the funeral commission was his new favorite agency.
Over the following months, the governor’s advisers, including Ezell and a budget and policy adviser, Alex Aragon, weighed in often on the EPIC probe, requesting regular updates, coordinating public statements, and, at times, directing regulatory action. When the agency investigated other cases—such as a high-profile incident in which a Dallas funeral home allegedly accidentally shipped a stillborn baby to a Louisiana laundry facility—the governor’s team exhibited no similar interest. More than a year after the funeral commission’s cease and desist order, its investigation remains ongoing. No violations have been found.
Tips, the agency’s former chair, led the funeral commission until March 12, when, according to an email obtained by Texas Monthly, she “prayerfully” resigned, effective immediately, late in the night. While the circumstances around her departure remain unknown, she had spent months under fire for allegations that she had illegally lobbied for tort reform in her position as chair, which she denies. But in her absence, the governor’s pursuit of EPIC has continued. In March, the funeral commission issued a broad new subpoena to EPIC, seeking every record of funeral services that the mosque has on file.
After EPIC’s attorneys pushed back, arguing the order was too large in scope, Paxton’s office got involved—issuing a letter that demanded EPIC comply. Meanwhile, Abbott has continued his crusade against the mosque, going on Fox News earlier this week to deride EPIC and what he alleged were “multiple violations” of the law. The governor has touted that a dozen state agencies have investigated EPIC. To date, no criminal charges have been filed against the mosque, and a federal probe into EPIC by the the Department of Justice was dropped with no findings of malfeasance.
The NHL took the first step toward expansion in Texas earlier this week, agreeing to terms with billionaire Dan Friedkin and his family to explore the feasibility of putting a franchise in Houston or Austin.
Far enough from the Dallas Stars, who relocated from Minnesota in 1993, a new team would not interfere with their territorial rights. And the league has shown no fear of adding one team at a time, so No. 33 does not have to come with No. 34.
“Symmetry I don’t think should necessarily govern expansion,” Commissioner Gary Bettman said Tuesday. “You expand if you think it makes sense and enhances what the league has.”
What is behind the NHL’s interest in Texas
Money is the obvious answer. Bettman said the total investment of the project would be some $3.5 billion, which would include expansion fees paid to established owners along with the cost of building a new arena.
The Houston Rockets’ arena downtown is publicly owned but controlled by team owner Tilman Fertitta’s Clutch City Sports and Entertainment group. The home of the American Hockey League’s Texas Stars, in the Austin suburb of Cedar Park, has a capacity of 8,000 that is a little over half the size of the NHL’s smallest current rink (Winnipeg).
“I would be surprised if the NHL would be OK with an expansion team that does not have a new arena,” said Brian Mills, an associate professor at the University of Texas who teaches courses on sports economics and strategy. “The revenue potential with the luxury boxes and the way that they set those up and the money that they like to extract from the local cities is way too large to pass up.”
They are also huge markets. Houston at nearly 2.4 million is the fourth-most-populated U.S. city; Austin at just over 1 million is in the top 12.
“Obviously it makes sense if you’re a sports league to have a franchise in the nation’s fifth-largest metro area and one that is growing rapidly,” said Holy Cross professor Victor Matheson, an expert in sports economics. “Houston obviously makes sense in general as a destination for any league.”
Austin is smaller but has doubled its population since the mid-1990s and has seen an infusion of people over the past five years. Only eight of the NHL’s existing markets are bigger.
“It’s becoming more and more of a tech city, so I wouldn’t be surprised if there’s more hockey fans here than there used to be,” Mills said. “I would imagine there’s some market for the NHL here in Austin, particularly more than when it was a sleepy, small town capital of Texas 30 years ago.”
History of hockey in Houston and Austin
When hockey was picking up in popularity in the 1960s and ‘70s and the NHL went from six teams to 18, the rival World Hockey Association was founded and Houston got a franchise when the one in Dayton, Ohio, failed to get off the ground.
The Aeros’ inaugural season was in 1972-78, and they were best known for “Mr. Hockey” Gordie Howe playing for them along with sons Mark and Marty. They won four Avco World Trophies as WHA champions before folding.
An AHL team using the same name existed in Houston from 1994-2013. The Texas Stars have played in Austin since ’09.
“There’s some interest of hockey,” University of Houston economics professor Steven G. Craig said. “Houston is full of immigrants from around the country and around the world. And Austin is sort of similar in the sense of a pretty heterogeneous population.”
Pros and cons of a Houston or Austin NHL franchise
Growing the sport in another so-called non-traditional spot is a big benefit. Smashing successes in places like Las Vegas and Tampa, Florida, show what hockey can do across the Sun Belt when strong ownership is involved.
“Southern cities have been doing pretty well now these days in the NHL: the Lightning and the Panthers,” Mills said of the two teams in Florida. “You’ve got some pretty good hockey teams after some pretty miserable failures with some earlier expansion to the South.”
Abandoning the second try in Atlanta (the Thrashers from 2000-11) was more a failure of ownership than the market. The same could be said in Arizona, where a revolving door of owners led to arena miscues and eventually the Coyotes being sold and moved to Salt Lake City in 2024 to become the Utah Mammoth.
A 33rd team also means 20-23 more NHL players and hopefuls in the minors. The changing landscape of hockey development at the junior and college levels has the potential to churn more talent through the pipeline in North America than ever before, along with players coming from Europe.
“You do have a pretty big pool of players,” Matheson said. “I’m not particularly worried about diluting the talent there because I think there’s a lot of skill.”
What’s next and where the 34th team may be
After this six-month exploratory phase is complete, recent history suggests a season-ticket drive would be one of the subsequent steps. Ticket drives validated interest that led to the Vegas Golden Knights and Seattle Kraken.
The Board of Governors would need to approve moving forward in the process. No vote has yet been held, though the executive committee supported exploring Houston and Austin.
And while the NHL is comfortable with unbalanced Eastern and Western conferences, getting to 34 teams seems inevitable if it goes to 33. Bettman said the board on Tuesday was updated on situations in Atlanta and Arizona, and it would be no surprise if one of those places got another crack at it.
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