U.S. District Judge Janis Jack, the state’s de facto foster care czar, has been overseeing the case since 2011.
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A federal appeals court late Friday ordered a judge who found the state of Texas repeatedly in contempt for its failed foster care fixes be removed from the case, signaling a possible end to the 13-year legal battle.from the 5th U.S. Circuit Court of Appeals in New Orleans found that U.S.
At issue is the care of roughly 9,000 children in the state’s permanent custody after being removed from their homes because of abuse or neglect. Since the case was filed, Jack has found the state in contempt three times for failing to fix conditions.that found Texas Health and Human Services Commissioner Cecile E. Young in contempt of her court orders to fix the way the state investigates complaints by children in its care.
“The above excerpts show that the judge exhibits a sustained pattern, over the course of months and numerous hearings, of disrespect for the Defendants and their counsel, but no such attitude toward the Plaintiffs’ counsel,” the appellate court decision stated. “The judge’s demeanor exhibits a ‘high degree of antagonism,' calling into doubt at least ‘the appearance of fairness’ for the state Defendants.
“We are assessing our options,” Yetter said in a statement issued Friday night. “Frankly, this is a sad day for Texas children. For over a decade, Judge Jack pushed the state to fix its broken system. She deserves a medal for what she’s done. We will keep fighting to ensure these children are safe.”Independent Texas reporting needs your support. The Texas Tribune delivers fact-based journalism for Texans, by Texans — and our community of members, the readers who donate, make our work possible.
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