Ringo Legal, PLLC Logo
← Back to Legal News

Texas Legislature Misses Mark on Kids' Mental Health, Raising Legal and Policy Questions

Source: Politics – Houston Public Media4 min read

Key Takeaways

  • Texas lawmakers enacted less than one-third of the 31 recommendations from the state's 2024 Children's Behavioral Health Strategic Plan.
  • The Legislature cut $1.3 million from the Youth Empowerment Services (YES) waiver, a critical Medicaid program that prevents institutionalization for children with severe mental health needs.
  • Despite a 43% rise in demand, enrollment in the YES waiver program dropped by 20%, leaving nearly 900 children waiting for services and causing a loss of almost 400 providers.
  • A lack of accessible community-based mental health services pushes more children into the foster care and juvenile justice systems, impacting their constitutional rights and the state's *parens patriae* responsibilities.
Hey, let's talk about something serious impacting kids right here in Texas. If you've been following the news, you know that keeping kids healthy is a big deal, especially when it comes to their minds. Well, a new report just dropped, and it's not looking good for how our state lawmakers are handling children's behavioral health. Turns out, a state council put together a solid plan back in December 2024, with over 30 smart recommendations for improving kids' mental well-being. This plan was all about helping children stay in their homes and communities, away from places like residential treatment centers. It's about giving them the support they need where they live. But guess what? Our Texas Legislature only managed to act on *eight* of those recommendations. That's less than a third, and it's a real head-scratcher when you think about the stakes. Now, why does this matter so much? Picture this: when kids don't get the mental health help they need, some end up in the foster care system or even the juvenile justice system. That's a rough road for any child, and it's often more expensive for the state in the long run. The whole idea behind these recommendations was to build up community support and stop that pipeline. One of the most concerning parts of this report talks about the Youth Empowerment Services, or YES, waiver. This is a Medicaid program, and it's a big deal. It helps Texas kids with really tough mental, emotional, and behavioral issues stay home instead of getting sent to institutions. The 2024 strategic plan recommended giving more money to this program and fixing some of the paperwork hurdles that make it hard to use. But what did the Legislature do? They cut $1.3 million from it. Yeah, you read that right. A cut. This cut is a big deal, especially because more and more families are asking for YES waiver services. The report shows that inquiries shot up by 43% between 2021 and 2023. But at the same time, fewer kids were actually getting help – enrollment dropped by almost 20%. That means nearly 900 children were just stuck on a waiting list, needing help they couldn't get. It's a clear policy failure when demand goes up, but access goes down. It's not just about the kids waiting, either. The program lost almost 400 providers between 2020 and 2023. Why? Because the funding is so low, providers just can't afford to keep offering these services. So, even if a child gets approved, there might not be anyone around to actually help them. This creates a serious legal and ethical problem: the state has a program meant to help, but it's not supporting the infrastructure to make it work. It feels a bit like having a right to a service, but no practical way to get it. Advocates are hoping lawmakers will fix this in 2027, but that's a long wait for kids who need help now. Some folks suggest the timing of the plan's release, right before the legislative session, might have played a part, or maybe federal Medicaid policy uncertainty caused some hesitation. But these are real children and real families who are suffering now, not later. It wasn't all bad news, though. The Legislature did make some good moves. They put an extra $40 million into mobile youth crisis outreach teams, doubling their number to 16 teams. These teams are pretty amazing; they can go directly to kids who are in crisis, which is a huge step forward for public safety and immediate care. They also invested $32.7 million in multi-systemic therapy, a type of therapy that helps kids at risk of entering the juvenile justice system. That's a smart investment, but even there, we've only got 23 teams when we really need about 140 to meet demand statewide. So, even where there were good investments, they didn't quite go all the way. Many of the recommendations required legislative action and funding, but a number of proposed bills just didn't make it through. Other recommendations could have been handled through administrative changes, but those haven't happened either. Ultimately, this report paints a picture of a state struggling to meet the behavioral health needs of its youngest citizens. It's not just about health; it's about the state's fundamental responsibility to protect and support its children. When you look at the numbers, it's clear we've got a long way to go before every Texas parent can easily find the services their children need to be healthy and thrive outside of institutional settings. The legal and social costs of inaction will continue to pile up if lawmakers don't act decisively.