There is a long history of neglect and abuse related to Texas' foster care Federal Court cases.
In 2011, a class-action lawsuit was filed against the state, alleging that the system violates the constitutional rights of foster children by failing to protect them from abuse and neglect. This lawsuit is ongoing and has resulted in several court orders directing the state to make improvements.
This past week Federal Judge Janis Jack heard testimony in a case to determine whether Texas should be fined for contempt or be subject to a receivership, which would allow partial federal takeover of the state’s foster care system.
Caseworkers testified that their caseloads for children without placement in licensed foster homes — also known as CWOP — continue to stack up and weigh on their performance, mental health and the wellbeing of the children they watch. They said this untenable situation is worsened by poor conditions in group homes.
There was also testimony that supports allegations in the lawsuit that the Texas foster care system fails to properly investigate reports of abuse and neglect, some children are sexually abused and sexually trafficked. And some children are over overmedicated with psychotropic drugs.
Despite previous orders from the federal court, Texas has been slow to make progress. In fact, a recent hearing revealed that the state has actually backslid in some areas. For example, the number of children in foster care who are prescribed psychotropic drugs has increased.
The plaintiffs in the lawsuit are now asking the court to take a "drastic" step: to order a partial federal takeover of the state's child welfare agency. This would be an unprecedented move, but the plaintiffs argue that it is necessary to protect the children in the state's care.
Here are some key dates in the history of the lawsuit:
- 2011: The lawsuit is filed.
- 2015: The court issues its first order requiring the state to make improvements.
- 2018: The Fifth Circuit Court of Appeals upholds parts of the court's order.
- 2019: The court issues additional orders requiring the state to make improvements.
- 2023: A hearing is held to determine whether the state is complying with the court's orders.
- December 2023: The court is expected to rule on the plaintiffs' request for a federal takeover.
Guest:
Paul Flahive is Texas Public Radio's award-winning accountability reporter.
"The Source" is a live call-in program airing Mondays through Thursdays from 12-1 p.m. Leave a message before the program at (210) 615-8982. During the live show, call 833-877-8255, email thesource@tpr.org.
This interview was recorded on Monday, December 11, 2023.
