Texas officials were kept in the dark about a due to the team culture created by a Child Protective Services manager, a top official told state lawmakers Thursday.
Texas Department of Family and Protective Services Commissioner Jaime Masters told state senators that DFPS employees had determined The Refuge, a now-shuttered Bastrop facility contracted by the state to care for sex trafficking victims, was at a high risk of harming its youth.
But, she said, two managers failed to escalate the issue, violating policy. One of those managers created an 鈥渦nbelievable鈥� culture in which their employees hesitated to bring the issue back up for fear of repercussions, she said.
鈥淚 do not think this was a failure of process. 鈥� None of us can be everywhere at all times,鈥� she said. 鈥淓veryone depends on everyone up the chain to do what they are tasked with doing, and this is what did not happen here. Policy was not followed. Naked pictures of children in our care should have rung every bell.鈥�
The commissioner also revealed that the employee for nude pictures of two girls there is also accused of dating a man who allegedly trafficked another child at the facility.
Masters disclosed those details when she testified before lawmakers at an all-day hearing focused on the state鈥檚 beleaguered foster care system.
The first meeting of the Senate Special Committee on Child Protective Services came as the foster care system has yet to remedy numerous issues regarding its care of children. from federal court monitors have detailed abuse, neglect and over the last several years. On Thursday, senators discussed a wide range of the issues and laws that had aimed to fix them.
The Refuge staff member has not been publicly named. She is accused of giving her phone to two girls so they could take naked pictures for her to sell using the mobile payment service Cash App or trade for illegal drugs, Masters testified.
That staff member was fired after the allegation was first made on Jan. 24, and a criminal investigation is ongoing. Another facility resident told staff that the alleged perpetrator was dating a man who previously trafficked the girl before she arrived at the facility, Masters said. It was unclear late Thursday if that man 鈥� or the staffers鈥� relationship to him 鈥� is being investigated.
No Refuge leaders were present at Thursday鈥檚 committee hearing. But Refuge CEO Brooke Crowder released a statement after it ended Thursday, saying she was grateful 鈥渇or the legislature鈥檚 keen interest in the issues.鈥� Crowder is slated to testify before lawmakers at a Texas House meeting on the facility Monday.
鈥淲hile disappointed we were unable to directly respond to certain inaccurate assertions made, we understand the limitations of the hearing structure,鈥� Crowder said in her statement Thursday. 鈥淚 look forward to testifying in Monday's House hearing and being fully available for any additional Senate hearings and meetings. We remain fully committed to full cooperation with law enforcement, regulators and the Texas Legislature."
Texas officials the shelter to close temporarily last week after the children had already been removed. Gov. directed the Texas Rangers last week to investigate the situation.
Steve McCraw, Texas Department of Public Safety director, told lawmakers he believes the staff member will be charged with sexual exploitation of a minor and possibly possession of child pornography.
Masters also told lawmakers that staffers at The Refuge did not do enough to ensure the return of a resident who was one of two kids who ran away from the facility, allegedly with the help of an employee.
鈥淭his child called [The Refuge] and said, 鈥業鈥檓 tired of walking. Can someone come and get me?鈥欌�� Masters said. 鈥淎nd no one did.鈥�
The staff member accused of assisting her was fired. The Refuge spokesperson Steven Phenix said in a statement to The Texas Tribune that his team 鈥渉as no record of this鈥� but will address allegations next week during another hearing before lawmakers.
In that incident, a former Refuge staff member was arrested for lying to law enforcement after saying she hadn鈥檛 been in contact with one of the girls who ran away, according to Masters.
Both girls returned to the facility before its closure this month.
Masters said she learned of the situations last week 鈥� about a month and a half after the initial report of the staff member allegedly selling nude pictures of the youth. She said facility staff should have notified DFPS much sooner 鈥� especially when it became clear that the employee accused of selling nude photos was related to others still working at The Refuge.
It's unclear how many family members related to the alleged perpetrator worked at the facility and how exactly they are related to her. But Masters said DFPS should not have treated the situation as solved just because that employee was fired if her relatives remained.
鈥淵ou have to assume everyone鈥檚 lying,鈥� Masters said.
Sen. , R-Brenham, who is chairing the special committee, asked Masters why it took DFPS so long to act on the situation.
鈥淭here is no good reason why,鈥� Masters replied.
Texas DFPS employees twice this year classified the Bastrop facility as 鈥渉igh risk for harm to children.鈥� But DFPS managers broke agency policy by failing to notify higher-ups, including Masters herself.
鈥淚 was told that the supervisor stated 鈥楽he was disengaged,鈥� and the program director stated it slipped her mind,鈥� Masters said.
Both were fired.
The commissioner repeatedly said the problem isn鈥檛 the department鈥檚 policies, but rather human error and lack of judgment.
Reports of the nude photo accusations first broke last week when a federal court released a DFPS letter detailing several allegations as part of a nearly 11-year-old, ongoing lawsuit against Texas and its foster care system. The allegations against staff included sexual abuse and sex trafficking.
However, on Wednesday, McCraw said even as he confirmed that a former staff member allegedly attempted to sell the nude photos.
Sen. , D-San Antonio, pointed out in an interview with the Tribune that the Texas Rangers shared only their 鈥渋nitial findings,鈥� and McCraw said the investigation was ongoing.
Men茅ndez, who is also a member of the special committee, said declaring there to be no evidence of sex trafficking seems premature, especially because the solicitation and sale of the two girls鈥� nudes could potentially fall under that definition.
鈥淚t's almost like declaring victory before all the votes are counted,鈥� he said.
On Wednesday, Paul Yetter, the attorney representing foster care children in the federal lawsuit, also with McCraw鈥檚 declination to define the accusations as possible trafficking.
At Thursday鈥檚 meeting, Sen. , R-Houston, said officials shouldn鈥檛 minimize what has already been uncovered.
鈥淚鈥檝e heard someone say, 鈥榃ell, they weren鈥檛 actually trafficking the child.鈥� Well, if you鈥檙e taking nude photos, and you鈥檙e helping them escape, then you are putting them right into the hands of those who would exploit them,鈥� Huffman said. 鈥淪o I don鈥檛 want to hear that. I hope no one says that today because I don鈥檛 want to hear that because it鈥檚 just completely unacceptable.鈥�
