5th Circuit Court Removes Judge in Pivotal Texas Foster Care Case After 13-Year Legal Battle
ICARO Media Group
**Federal Appeals Court Removes Judge in Texas Foster Care Case, Signaling End to 13-Year Legal Battle**
In a surprising turn of events, the 5th U.S. Circuit Court of Appeals in New Orleans has ordered the removal of U.S. District Judge Janis Jack from the long-standing case addressing the foster care system in Texas. This decision arrives after Judge Jack, who has been supervising the case for 13 years, was found to exhibit a "highly antagonistic demeanor," compromising the fairness of the hearings.
The ruling was unanimously decided by a panel of three judges—Judge Edith Jones, Judge Cory Wilson, and Judge Edith Clement. They reversed a previous contempt order and a daily fine of $100,000 against Texas Health and Human Services and the Department of Family and Protective Services, which oversees the foster system. Notably, the 5th Circuit had previously intervened to block the fine imposed by Judge Jack in April.
The legal battle, initiated in 2011, centers on the care of approximately 9,000 children in Texas' permanent custody, who were removed from their homes due to abuse or neglect. Throughout the case, Judge Jack had found the state in contempt three times for its failure to rectify conditions within the foster care system. In her most recent ruling last April, Jack had fined the state $100,000 per day to press them into improving the investigation of complaints of abuse and neglect.
Despite the appeals court's decision, plaintiffs' lawyer Paul Yetter expressed disappointment and announced plans to challenge the ruling. He emphasized the essential role Judge Jack played in pushing for reform over the past decade.
This complex case has already seen more than $200 million spent on improving the foster care system. The recent decision by the 5th Circuit Court brings uncertainty to the future of ongoing and needed reforms for Texas' foster children. Yetter remains committed to continuing the fight to ensure the safety and well-being of these vulnerable children.