Federal judge fines Texas child welfare agency $100K per day for foster care failures
A federal judge has ordered Texas health and human services officials to pay $100,000 per day in fines for routinely neglecting investigations into allegations of abuse and neglect by children in the state’s beleaguered foster care system, according to a Monday order.
U.S. District Judge Janis Jack found Texas Health and Human Services Commissioner Cecile E. Young in contempt of her court orders to fix the way the state investigates complaints by children in its care.
It is the third time the state has been held in contempt of court orders since a 2011 lawsuit was filed about foster care conditions in the care of the Texas Department of Family and Protective Services, the child welfare arm of HHS.
The judge’s decision was prompted by the “continued recalcitrance” to conduct thorough, accurate and timely abuse, neglect, and exploitation investigations by the agency’s Provider Investigations unit, which investigates those allegations, the 427-page decision reads.
“As demonstrated by the stories of the children and PI’s failure to take any action to remedy the egregious flaws identified by the Monitors, PI represents a significant, systemic failure that increases the risk of serious harm [to the children].”“The judge’s ruling is measured but urgent, given the shocking evidence,” said Paul Yetter, attorney for the plaintiffs. “Innocent children are suffering every day. After all these years, when will state leadership get serious about fixing this disaster?”Horrific. Yet Texas is leading the charge regulating women's bodies. Yet once they are born and get jammed in these foster care facilities they dont give them the proper supervision and allow these horrific abuses for years.At the center of the battle are the roughly 9,000 children in permanent state custody, removed from their homes due to circumstances that can include abuse at home, or complex health needs that parents are unable to manage without help, or the loss of their family caregivers.
They often present the most tragic stories and have some of the most complex mental and behavioral needs of any child in the system, yet they are often left in dangerous homes and residential centers with poor supervision — frequently overmedicated, trafficked, and unable to get help if they’re continuing to be being abused.
Testimony during a series of hearings earlier this year and late last year zeroed in on the poor quality and backlog of investigations into complaints of sexual abuse reported by children in state care who have intellectual or developmental disabilities, such as autism, fetal-alcohol syndrome, and Down syndrome.
In one case, plaintiffs say, a girl was left in the same residential facility for a year while 12 separate investigations piled up around allegations that she had been raped by a worker at the facility. She was left in the facility with that same worker until she was “dumped in an emergency room, alone, with her jaw broken in two places,” Jack said.