A federal judge has fined Texas $100,000 a day for routinely failing to properly investigate allegations of abuse and neglect by children in the state’s troubled foster care system. .
U.S. District Judge Janice Graham Jack in Corpus Christi ruled Monday that the Texas Department of Health and Human Services was flouting the agency’s order to modify how the state investigates complaints of children in its care. was lowered.
This is the third such contempt finding in a lawsuit that began in 2011 over foster care conditions at the Texas Department of Family and Protective Services, the child welfare division of HHS.
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In a 427-page ruling, the judge cited the agency’s Provider Investigations Division’s “continued failure to conduct thorough, accurate and timely investigations into allegations of abuse, neglect and exploitation.”
The state of Texas will pay $100,000 per day for failing to adequately investigate allegations of abuse and neglect in the state’s foster care system. (Brandon Bell/Getty Images)
“The children’s stories and the failure of PI to take any action to rectify the egregious deficiencies identified by inspectors demonstrate that PI has committed serious systemic failures that increase the risk of serious harm. represents,” the judge wrote.
Approximately 9,000 children in Texas are permanently placed in state custody for reasons including parental loss, domestic abuse, and health needs that cannot be met by their parents alone.
“The judge’s decision is cautious but urgent given the shocking evidence,” said attorney Paul Yetter, who is representing the foster children in the lawsuit. “Innocent children are suffering every day. After all these years, when will national leaders get serious about solving this disaster?”
DFPS officials declined to comment. An HHS spokesperson said HHS, led by Secretary Cecil E. Young, is reviewing the order.
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Lawyers for the state have previously said that while there is always room for improvement, state officials have fully complied with the court’s remedial orders.
The state also argued that court monitors had not examined a large enough sample of children to draw sweeping conclusions.
The fines imposed on Texas will be lifted if the state can prove the investigation is in compliance. A public hearing is scheduled for late June.
Since 2019, a court-appointed monitor has released regular reports on DFPS’ progress toward eliminating threats to the safety of foster children.
A January report cited progress in staff training but said the response to investigations into allegations of abuse and neglect, including by children, continued to be weak. Monitors also said children are not taught how to report sexual abuse and the state has not demonstrated it is adequately training caseworkers to identify potential victims. said.
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According to the plaintiffs, in one incident, a girl was left alone in the same residential facility for a year while 12 separate investigations were conducted into allegations that she was raped by facility staff. She remained in contact with the employee until the girl “broke her jaw in two places and was left alone in the emergency room,” the judge said. The facility was eventually shut down by the state.
