Federal Appeals Court Shuts Down Challenge Against Texas Foster Care System

Ryan J. Farrick — October 12, 2024

Scales of Justice. Image via Flickr/user:mikecogh. (CCA-BY-2.0).

“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 appeals court wrote. “The judge’s demeanor exhibits a ‘high degree of antagonism,’ calling into doubt at least ‘the appearance of fairness’ for the state Defendants.”

A federal appeals court has removed a judge overseeing a years-long legal battle against Texas’s foster care system.

According to The Texas Tribue, a 3-0 decision from the 5^th Circuit Court of Appeals found that U.S. District Judge Janis Jack displayed a “highly antagonistic demeanor” when engaging with the defendants, the Texas Department of Health and Human Services and the state Department of Family and Protective Services.

“The district judge must be removed,” the panel said.

The opinion was written by Judge Edith Jones and joined by Judge Cory Wilson and Judge Edith Clement. Together, the three judges directed that Jack be removed from the case and reversed a $100,000-per-day fine levied against the defendants.

“We are pleased that the 5th Circuit recognized the significant efforts DFPS and HHSC have invested in serving the children and families of our state,” the agencies said in a joint statement. “We remain committed and are grateful to Gov. Greg Abbott and the Texas Legislature for their continued support in furthering the well-being of our most vulnerable Texans.”

The Tribune reports that the lawsuit centers on allegations that Texas has broadly failed to meet the needs of the 9,000 children who have been permanently removed from abusive homes.

A gavel. Image via Wikimedia Commons via Flickr/user: Brian Turner. (CCA-BY-2.0).

Last April, Jack issued a ruling finding Texas Health and Human Services and its commissioner, Cecile E. Young, in contempt of orders to amend the way the state investigates complaints submitted by children in tis care. It was the third contempt ruling in the case.

Jack also fined the state $100,000 per day until it could show how it had addressed investigations into allegations of abuse and neglect.

But, in a Friday decision, the appeals court cited excerpts from a contentious three-day hearing, saying Jack’s own words suggested a failure to remain impartial.

“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 panel wrote. “The judge’s demeanor exhibits a ‘high degree of antagonism,’ calling into doubt at least ‘the appearance of fairness’ for the state Defendants.”

Paul Yetter, an attorney for the plaintiffs, said that the 5^th Circuit’s ruling could adversely impact the case.

“Frankly, this is a sad day for Texas children,” Yetter said in a statement republished, in part, by the Texas Tribune. “For over a decade, Judge Jack pushed the state to fix its own broken system. She deserves a medal for what she’s done. We will keep fighting to ensure these children are safe.”