A judge has approved the state’s request that a report on the private contractor responsible for managing child welfare cases in the Dallas area be kept from public view.
The Texas Department of Family Protective Services was appointed receiver over the contractor, Empower, in March after a second baby died under its watch. As receiver, DFPS regional director George Cannata is responsible for reviewing and responding to issues within Empower to improve the safety of the children under the contractor’s care. He also must submit the court a report of his findings after 60 days, the deadline for which is May 18.
In the request to seal the document, which was approved by Dallas County District Court Judge Monica Purdy this week, DFPS and Empower contend making the report public risks identifying vulnerable children and their locations. The assessment was also “designed as a candid, court-supervised tool for evaluating whether receivership is working and what further corrective measures are needed, not as a public performance report,” the request reads.
The report was positioned to be the public’s first chance to learn what the state found since it began investigating how Empower, which oversees about 2,000 children in Dallas and eight surrounding counties, put kids in “imminent danger.”
The state’s petition for receivership provided insight on some of the failures likely to be further detailed in the 60-day report. These included missing documentation, a lack of in-person visits with foster kids, and employees being responsible for more cases than allowed under state requirements.
An investigation by The Lab Report found that Empower routinely failed to adhere to requirements set by DFPS as part of its contract with the private company. Internal company records, court proceedings, and interviews with Empower employees shed light on the issues that have pervaded the company’s handling of CPS cases since it was awarded the contract in 2023.
With the receivership in place, Empower’s future as the keeper of North Texas’ most vulnerable children is under close examination. The state could ultimately recommend to keep Empower in charge, replace it with another private company, or continue its oversight role. The receivership was set to expire June 16, but DFPS and Empower also filed a joint request Tuesday for a 60-day extension, which was granted. Cannata will remain the receiver until at least Aug. 15; the receivership allows for DFPS to request “multiple” 60-day extensions.
“The conditions that gave rise to the receivership have not been fully resolved,” DFPS said in the request for extension. “Additional time is necessary to implement and determine if corrective measures can be sustained; further reduce safety and service-delivery risks; and complete safe and orderly transition to either fully compliant Empower or an alternative long-term arrangement.”