Judge Janis Jack has been removed from the bench after a 13-year tenure. She was accused of being highly antagonistic during hearings. The appeals court reversed Judge Jack’s $100,000 fine against Texas. Jack’s removal leaves the Texas foster care system with an uncertain future.
Judicial Shake-up in Texas Foster Care Case
A potentially massive litigation is put on hold as a result of the 5th U.S. Circuit Court of Appeals’ order to remove U.S. District Judge Janis Jack from the Texas foster care case. Judge Jack was crucial in exposing serious flaws in the state’s foster care system when the case was first filed in 2011. Her 2015 ruling highlighted circumstances in which foster children suffered more negative effects than positive ones.
The appeals court critiqued Judge Jack’s conduct during proceedings, describing her demeanor as “highly antagonistic.” The court questioned whether defendants could receive fair treatment under these circumstances. Their ruling also overturned a prior contempt order and a related $100,000-per-day fine against Texas’ social services agencies.
A federal appeals court has ordered the removal of a judge and overturned her contempt finding and fine against the state of Texas in a lawsuit over the state’s struggling foster care system. https://t.co/RuT7C4EqML
— NBC DFW (@NBCDFW) October 13, 2024
Supporting Texas’ Efforts for Improvement
The appeal decision showed that Texas agencies’ efforts had been acknowledged in addition to overturning fines. Along with Judges Cory Wilson and Edith Clement, Judge Edith Jones led the unanimous decision.
The Department of Family and Protective Services and Texas Health and Human Services were pleased that the court recognized their efforts to improve.
“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,” according to a shared statement from the health commission and social services agency. “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 Texas attorney general’s office took a big step in handling the complexity of this well-known case by enlisting the help of private legal counsel, including Allyson Ho. Since its inception, the state has invested over $200 million towards improvements mandated by court orders.
New: After a three judge panel for the 5th Circuit ruled for Texas on Friday, vacating contempt fines and removing the federal district judge in the case, Attorneys for the foster children say they will appeal to the full 5th circuit.https://t.co/Q5RgU3lraR
— Paul Flahive – Texas Public Radio (@paulflahive) October 12, 2024
Controversy and Ongoing Challenges
The litigation around Texas’ foster care drew national attention with Judge Jack’s active involvement. She had found the state repeatedly in contempt, pressing for improvements in the system. Yet, the appeals court contended that her actions overstepped constitutional boundaries by imposing limits on state powers and administration.
“Despite some progress, court-appointed monitors continue to report issues, particularly concerning supervision and investigation of abuse and neglect. Among highlighted cases was an instance where a girl reportedly faced neglect in a facility with pending abuse allegations, underscoring the challenges ahead.
