Judge threatens Texas with huge fines over foster care failures

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Judge threatens Texas with huge fines over foster care failures
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U.S. District Judge Janis Graham Jack has warned she may impose huge fines on Texas because the state's dragging its feet on obeying her foster-care...

U.S. District Judge Janis Graham Jack has warned she may impose huge fines on Texas because the state's dragging its feet on obeying her foster-care improvement edicts.AUSTIN — A federal judge in the long-running Texas foster care lawsuit said Monday she may slap the state with such huge fines for failing to obey orders that it could invoke a criminal defendant’s right to a jury trial.

For the protective-services department, which is effectively the “parent” for about 10,000 children in long-term foster care, Jack cited failures to avoid unsafe placements, adequately check on the backgrounds of caregivers and prevent victims of sexual abuse from being violated again. After a couple of years of ordering crackdowns on shoddy foster care providers, Jack has been emphasizing other systemic woes since January, when she convened an expert panel on “children without placements,” the most troubled youth in foster care.

Jack had just finished questioning state officials about the deaths of three foster children from gun violence in the final five months of last year; a 5-year-old foster boy’s drowning last July; and a 17-year-old foster girl’s death 18 months ago from an overdose of acetaminophen while on runaway status from an unlicensed, “fictive kin” caregiver.

“The caseworkers had a high level of compliance,” Jack said. But because of “data deficiencies,” the monitors can’t tell about the employees of child-placing agencies and general residential operations, she said. Fewer than half of sampled records involving 656 children last year showed caregivers have signed to certify they’ve received “Attachment A” forms, which describe children’s histories of being sexually abused or sexually aggressive, before a placement began, the monitors said.The judge responded, “We’ve been talking for several years and at the end of this hearing, I’m going to give you notice that I expect to have a contempt hearing.

For most of the past two years, providers and some of the groups that represent them have protested Jack’s orders on heightened monitoring as overkill. Several GOP lawmakers have blamed the lawsuit for driving some child-placing agencies and congregate-care facilities to stop taking foster children.

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