NEW ORLEANS — On Monday, a federal appeals court was urged to revisit its decision that overturned a significant contempt ruling and called for the removal of a district judge involved in a case regarding the issues plaguing Texas’ foster care system.

A three-judge panel from the 5th U.S. Circuit Court of Appeals determined on October 11 that U.S. District Judge Janis Jack’s contempt ruling, which included a substantial fine of $100,000 per day, overstepped the constitutional boundaries pertaining to state authority.

Moreover, the panel criticized Judge Jack for her treatment of the state and its legal representatives throughout this protracted legal battle.

Child advocacy lawyers involved in the case expressed disagreement with the ruling and on Monday requested a hearing with all 17 judges from the New Orleans-based appeals court. Their request argued that the decision made by judges Edith Jones, Edith Brown Clement, and Cory Wilson was inconsistent with prior legal precedents concerning the welfare of vulnerable children.

In their motion, they emphasized the potential risks of replacing the district judge, who possesses significant knowledge about the case, asserting that such a move would greatly hinder the urgent reforms needed for the children under the plaintiffs’ care. As of Monday evening, the state had not yet responded to the filing.

The legal proceedings began in 2011, focusing on the conditions of foster care administered by the Texas Department of Family and Protective Services.

Since 2019, monitors appointed by the court have been providing ongoing updates on the department’s efforts to rectify issues that affect the safety of foster children.

An earlier report this year noted advancements in staff training but highlighted ongoing deficiencies related to investigations of abuse and neglect claims, including those reported by the children themselves.

One alarming case brought forward by plaintiffs indicates that a girl remained at a now-closed residential facility for a full year while a staggering 12 investigations were initiated regarding allegations that she had been sexually assaulted by a staff member.

Currently, Texas has roughly 9,000 children in permanent state custody, with reasons for their placement ranging from parental loss and abuse at home to healthcare needs that their parents are unable to address.