Appeals court overturns contempt finding and dismisses judge in Texas foster care lawsuit

A federal appeals court has ordered the removal of a federal judge and overturned her contempt finding and fine against the state of Texas in a lawsuit over the state's troubled foster care system.

In a ruling released late Friday, the 5th U.S. Circuit Court of Appeals said U.S. District Judge Janis Jack's contempt ruling and $100,000-a-day fine violated the court's constitutional limits on power over individual states.

The appeals court also stated that Jack had shown contempt for the state and its attorneys during the lengthy process, noting that she once remarked, “I don't know how the state sleeps with it at night. I really don't.”

“The judge, over the course of months and numerous hearings, demonstrates a persistent pattern of disrespect toward the defendants and their attorneys, but no such attitude toward the plaintiffs’ attorneys,” the ruling said.

The judge's behavior shows a “high level of hostility” and calls into question at least the appearance of fairness for the state, the ruling continues.

A lawyer for those who filed the lawsuit, alleging that the state routinely fails to investigate complaints of abuse and neglect of children in its care, said Saturday that the group would appeal the ruling.

“Frankly, this is a sad day for Texas children,” attorney Paul Yetter said in an email.

“For over a decade, Judge Jack pushed the state to fix its broken system,” Yetter said. “She deserves a medal for what she did.”

The case began in 2011 with a complaint about foster care conditions with the Texas Department of Family and Protective Services, the child welfare arm of Texas Health and Human Services.

Since 2019, court-appointed monitors have released regular reports on DFPS's progress in eliminating threats to the safety of foster children.

A report earlier this year noted progress in training staff but continued weaknesses in responding to investigations into allegations of abuse and neglect, including involving children.

In one case, plaintiffs say, a girl was left in the same, now-shuttered housing complex for a year while 12 separate investigations mounted into allegations that she was raped by a worker there.

In Texas, about 9,000 children are in permanent state care due to, among other things, loss of caregivers, domestic violence or health issues that parents cannot address on their own.