AUSTIN (KXAN) – A federal judge is considering holding the state of Texas in contempt of court over ongoing problems in the Texas foster care system.
Following days of testimony at the latest hearing in a lawsuit that has lasted over 12 years, U.S. District Judge Janis Jack could decide to fine the state for not meeting some of her specific, court-ordered reforms. Lawyers representing thousands of children in the state’s care asked Judge Jack to go a step further and to consider placing parts of the system into what’s called a receivership – a mechanism typically used in corporate law, which allows a court appointee to take control of an entity.
For three days, they brought former caseworkers, a former foster child, and a child welfare expert to testify on specific stories and cases, as well as more broadly on the living conditions and experiences of kids in the system .
Paul Yetter, the lead attorney for the plaintiff children, told KXAN that while Judge Jack said she would not place any part of the Texas system into a receivership, he hoped she might consider taking other steps.
“The evidence was so powerful, and frankly, so troubling and disturbing about what these children – and it’s not just the children – what the caseworkers are going through every day across the state,” he said in an interview after the hearing concluded. “The judge – obviously, she’s very familiar with the system. She’s seen a lot of terrible things, and even this week surprised her, I think, and she made it clear that these children deserve better.”
Several leaders within the Department of Family and Protective Services (DFPS) and the Health and Human Services Commission (HHSC) were also called to testify. For example, the associate commissioner for Child Protective Services at DFPS emphasized the progress and improvements that have been made at her agency. The Deputy Executive Commissioner for Regulatory Services at HHSC testified that addressing staffing issues was a “priority” for his team.
Yetter said his team was “shocked” when attorneys representing the state only called one witness for testimony.
KXAN reached out to Gibson, Dunn & Crutcher, the private firm now representing the state in this matter, for comment and will update this story if we hear back. KXAN also reached out to spokespeople at DFPS and HHSC, who declined to comment on pending litigation.
Judge Jack has held the state in contempt of court twice before during the course of the lawsuit, in 2019 and in 2020.
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