As Judge Janis Jack continues to threaten contempt-of-court fines in a federal lawsuit against the state’s foster care system, advocates say the case has moved the needle on reform — but it has come with a hefty price tag.
“If there was ever a call to action for state officials to get serious about reforming foster care, this was it,” Rep.The pushback against the judge’s orders ended with a ruling from the 5th U.S. Circuit Court of Appeals. A three-judge panel sided with Jack on the basic tenet that Texas foster kids were endangered but. Her ban on placing foster children in large group homes, for instance, went “well beyond what is necessary to achieve constitutional compliance,” they said.
Dozens of states have faced similar child welfare class-action lawsuits, but Paul Yetter, the lead attorney in the suit, said Texas was the “most resistant state that we had seen.” DFPS and the Health and Human Services Commission are independent agencies. Abbott appoints commissioners for both entities. But state legislators also play a role in funding both agencies and writing laws about what they must do.
In 2021, the Legislature passed sweeping reforms to the state’s foster care system, hoping to address issues raised in the federal lawsuit.
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