Texas Parents Tell Lawmakers CPS Still Withholds Medical Records Despite 2025 Law

Austin, Texas — Parents and lawyers told the Texas House Human Services Committee on Sept. 9 that Child Protective Services still keeps key medical records from families in abuse investigations, despite a 2025 law meant to guarantee parents access to them. A doctor whose network advises CPS declined to say whether the law is being followed.

The law lawmakers were checking on

The interim hearing, chaired by Rep. Lacey Hull, R-Houston, included a charge to examine due process and civil rights in CPS investigations, including notice of rights and “access to investigation and case records,” according to the committee’s posted notice. Hull said House Bill 2071, passed by the 89th Legislature in 2025, was written to make sure the Department of Family and Protective Services gives parents all medical records in their case, including specialty opinions and any conflicting medical conclusions, Texas Scorecard reported.

Part of that bill was making sure that parents have access to the medical records because that was a consistent problem

Rep. Lacey Hull, chair, House Human Services Committee, via Texas Scorecard

Who holds the records

Dr. Michelle Ruda, medical director of the Forensic Assessment Center Network, which provides specialty medical consultations to DFPS, testified that the network’s records belong to the department and that parents must request them through DFPS. She said the network’s older systems may not produce a document that can be shared, which means parents have to know a report exists before they can ask for it.

The FACN is for DFPS, and so if anybody wants that medical record, they have to go through DFPS.

Dr. Michelle Ruda, Forensic Assessment Center Network, via Texas Scorecard

When Hull asked whether the law was being followed, Ruda declined to answer, according to Texas Scorecard.

Parents and lawyers describe missing pages

Brad Scalise, a CPS attorney, described a case in which the network found there was not enough information to make a diagnosis, yet CPS removed the children and did not share that finding with the parents. He said DFPS told him it does not have the network’s letter. Shelly Troberman, who defends parents in CPS cases, said both hospitals and DFPS block records, that some hospitals ignore subpoenas, and that there is no central discovery portal like the ones used in criminal cases.

Travis and Marisela Rivera told lawmakers their children were taken in what they called a wrongful emergency removal. Travis Rivera said the copy of records DFPS gave the family was abbreviated and that pages listing their rights were “literally crossed out with an X.” Marisela Rivera said, “Our experience is not unique.” Another witness, Gabriel Garza, told the committee that a $250,000 malpractice cap makes suing CPS impractical.

Texas Scorecard’s report included no statement from DFPS.

Part of a larger fight over parents’ rights

The hearing comes as Texas lawmakers continue to rework how CPS treats parents. The Texas Tribune reported in July that a 2021 law bars removals based solely on the medical opinion of an expert contracted by DFPS, and a 2023 law requires a written warning telling parents they can have a lawyer present and can decline to be interviewed. The Tribune also reported that an Austin judge ruled in June 2026 that DFPS violated a couple’s due process rights by giving them no way to appeal an “unable to determine” finding, and that state leaders have named CPS investigations a priority for the 2027 session.

Why records access matters

A medical opinion is often the entire case against a family in an abuse investigation. If the agency holds a specialist’s report that says the evidence is insufficient, and the parents never see it, they are defending themselves in the dark. Texas already wrote the right to those records into law. The testimony in Austin suggests the agency, not the statute, is the problem, and no one at the hearing could say who is accountable for making it work. Parents can read more about what they are entitled to in FAN’s guide to parents’ rights in CPS cases.

Key facts

• Texas House Human Services Committee held an interim hearing Sept. 9, 2026, chaired by Rep. Lacey Hull.
• One interim charge covered due process, notice of rights and access to records in CPS investigations.
• HB 2071 (2025) was meant to give parents all medical records in their case, including conflicting opinions.
• The FACN medical director said parents must get network records through DFPS, and declined to say whether the law is being followed.
• A CPS attorney said DFPS told him it did not have a FACN letter that found insufficient evidence for a diagnosis.
• A witness cited a $250,000 cap that limits lawsuits against CPS.
• State leaders have listed CPS investigations as a priority for the 2027 session, per The Texas Tribune.

Sources

• Texas Scorecard — Texas House Committee Considers CPS Compliance With Records Law (2026-09-11)
• Texas House of Representatives — Committee on Human Services, Notice of Public Hearing, Sept. 9, 2026 (2026-09-09)
• The Texas Tribune — How a push to protect parental rights is reshaping Texas’ foster care system (2026-07-24)

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