A Clean Slate for Texas Foster Youth: Policy Recommendations on Preventing and Resolving Identity Theft for Youth in Foster Care

This Article will compare how Texas and other states implement this federal law differently and then discuss how Texas can improve its flawed system to better protect children negatively affected by identity theft. Section II of this Article will introduce and explain M.D. v. Abbott and the changes in Texas foster care on the horizon as a result of this case. Section III will introduce and delve into the issue of identity theft in foster youth as a whole, and it will tell the story of one foster youth who faced the results of identity theft. Finally, the Section breaks down how identity theft occurs and what the lasting effects are. Section III will discuss the federal legislation created as a response. Section III also includes a case study on California’s pilot project response that was initiated prior to the federal legislation, and looks into how Texas applies federal legislation and partners it with state legislation. This Section looks at both the strengths and weaknesses of state and federal responses to child identity theft. Section IV will introduce four state-level policy recommendations to assist Texas in resolving identity theft issues for youth in foster care. By implementing a holistic, multi-step approach beginning when the child initially enters foster care, particularly in light of the major foster care reform posed by M.D. v. Abbott, Texas will lead the country and serve as an example to other states in resolving this pressing issue. Section V will include conclusions from the content discussed in this Article