A federal appeals court has mandated the dismissal of a federal judge and invalidated her contempt ruling along with a hefty daily fine against the state of Texas concerning a lawsuit about its challenged foster care system.
In a ruling issued late last week, the 5th U.S. Circuit Court of Appeals found that U.S. District Judge Janis Jack’s contempt finding, which included a daily fine of $100,000, overstepped the constitutional boundaries regarding the authority of federal courts over state matters.
The appeals court criticized Judge Jack for showing a lack of regard towards the state and its legal representatives during the protracted legal proceedings. Notably, she commented at one point, “I don’t know how the state sleeps at night with this. I really don’t.”
The decision highlighted what it termed a “sustained pattern” of disrespect from the judge towards the defendants, while not exhibiting similar hostility towards the plaintiffs’ counsel. The ruling suggested that her demeanor reflected “a high degree of antagonism,” which raises questions about “the appearance of fairness” in the case.
An attorney representing the individuals who filed the suit, claiming the state routinely neglects to investigate allegations of abuse and neglect reported by children in foster care, indicated intentions to appeal the decision. “This is truly a disheartening day for the children of Texas,” stated attorney Paul Yetter in an email.
Yetter expressed that Judge Jack has made significant efforts over the last decade to press the state towards reforming its failing system, adding, “She deserves a medal for what she’s done.”
The lawsuit, initiated in 2011, focused on the conditions of the foster care system overseen by the Texas Department of Family and Protective Services, a division within Texas Health and Human Services.
Since 2019, monitors appointed by the court have been releasing regular evaluations regarding the progress of DFPS in addressing safety concerns for foster children.
A recent report indicated some advancements in staff training, though ongoing deficiencies remain in how the agency handles investigations of abuse and neglect claims, especially those brought forward by the children themselves.
In one alarming instance mentioned by the plaintiffs, a girl purportedly was kept in a now-defunct residential facility for an entire year as 12 separate investigations cued up concerning allegations that she had been sexually assaulted by a staff member.
Currently, roughly 9,000 children are in the state’s permanent custody for various reasons, including loss of caregivers, domestic abuse, or health challenges that parents cannot manage alone.
