Texas Faces $100,000 Daily Fine for Neglecting Abuse Claims in Foster Care System

In a significant development regarding the state’s foster care system, U.S. District Judge Janis Graham Jack in Corpus Christi has ruled that Texas will face a fine of $100,000 per day for failing to adequately investigate allegations of abuse and neglect raised by children. This ruling comes as a result of the state’s continued neglect in conducting thorough and timely probes of complaints by children in its care.

Contempt of Court Orders

This ruling marks the third contempt finding in a case that originated from a 2011 lawsuit over foster care conditions at the Texas Department of Family and Protective Services. Judge Jack's 427-page ruling highlighted the failure of the Texas Health and Human Services agency's Provider Investigations unit to effectively address allegations of abuse, neglect, and exploitation, despite repeated court orders to do so.

Systemic Failure

The judge cited a “continued recalcitrance” by the agency's Provider Investigations unit to conduct thorough, accurate, and timely probes of allegations of abuse, neglect, and exploitation. Judge Jack emphasized that this failure represents a significant systemic issue, increasing the risk of serious harm to the children in the state’s care.

Impact on Foster Children

With approximately 9,000 children in permanent state custody, the impact of the state's negligence is substantial. Lawyer Paul Yetter, representing the foster children in the lawsuit, expressed urgency, stating, “Innocent children are suffering every day. After all these years, when will state leadership get serious about fixing this disaster?”

State’s Response and Fines

While officials at the DFPS declined to comment, a spokesperson at HHS mentioned that the agency, under Commissioner Cecile E. Young, is reviewing the order. Although the state has argued that officials have sufficiently complied with the court’s remedial orders, the fines imposed on Texas will continue until the state can demonstrate compliance with the investigation procedures. A hearing is scheduled for late June to address this matter.

Monitors’ Reports and Continued Threats

Since 2019, court-appointed monitors have been releasing periodic reports on DFPS progress toward eliminating threats to the foster children’s safety. While there has been some progress in staff training, weaknesses persist in responding to investigations into abuse and neglect allegations, including those made by children. Additionally, the state has not proven that it has properly trained its caseworkers to identify potential victims.