The Texas foster care system has shown signs of improvement; however, issues regarding inadequate supervision of children persist, putting them at risk of harm and even death, as highlighted in documents submitted during a long-standing federal lawsuit on Monday.
As part of a court order stemming from a 15-year-old lawsuit concerning the state’s problematic foster care system, court-appointed monitors have been consistently releasing detailed reports—eleven of which have been made public—assessing the state’s adherence to mandated reforms.
The latest trio of reports, disclosed on Monday, covers the timeframe from 2023 to 2024. These monitors noted a reduction in wait times for callers to the abuse hotline, with over 82% of cases involving children in permanent foster care remaining within the manageable limit of 14 to 17 children per caseworker. Additionally, they reported “significant” advancements in investigations pertaining to foster care providers.
The Texas Department of Family and Protective Services (DFPS), alongside the Health and Human Services Commission, which are defendants in the 2011 lawsuit, received commendations for maintaining manageable caseloads. The monitors also acknowledged that nearly all caseworkers handling at least one child’s case had completed the necessary training.
“The court monitor reports indicate that Texas foster care is undergoing a transformation,” stated attorney Paul Yetter, representing Texas foster care children. “The state has achieved substantial progress in several areas, but significant issues remain. The court reforms have enhanced child safety, yet these improvements need to be sustainable.”
Despite the progress, the monitors expressed serious concerns regarding some foster homes. One report pointed out that children were placed in homes with histories of abuse, neglect, or exploitation. Specific instances included allegations of children sustaining unexplained bruises, a foster father using a gun for discipline, and a facility that only closed after a foster child died from a fentanyl overdose due to neglect.
The monitors raised alarm over the Health and Human Services Commission’s allowance of homes to remain operational against recommendations for closure from the child placing agencies, which are private entities contracted by the state to find placements for foster children. They also highlighted the reopening of certain homes under new agencies after previous recommendations for closure.
Additionally, they criticized a facility that subjected children to prolonged isolation and noted that two children were placed with a provider previously listed on a “disallowance” list due to safety issues.
The report also revisited the tragic 2024 case of an 11-year-old, referred to as “O.R.,” who died in a Greenville movie theater after experiencing hours of pain before the outing. An internal investigation by DFPS revealed that negligence was evident among the eight caretakers responsible for his care.
“It is crucial that private providers adhere to the same high standards, but some are falling short,” Yetter remarked. “There remains considerable work ahead.”
The monitors expressed particular concern regarding the poor caseload performance of private contractors responsible for the care and placement of foster children in three regions: St. Francis in the Panhandle, 4Kids4Families in East Texas, and Empower in Dallas, which was reintroduced under state oversight in March. All three had caseloads exceeding the acceptable ratio of 14 to 17 children per worker.
DFPS continues to struggle with completing investigations into serious abuse allegations. One investigation highlighted improper supervision that led to a 17-year-old girl, previously a victim of sex trafficking, leaving her foster care placement and being found on a busy road. The monitors noted that foster parents often lacked crucial information regarding a child’s history of sexual behavior and aggression.
Several instances of children leaving their foster care placements were documented, including one involving a child with intellectual disabilities. Other reports cited inadequate supervision, such as a group of children gaining access to and driving a company van, and another instance where a child left a foster home to meet an adult encountered on a dating app. There were also multiple reports of foster parents physically abusing their biological children in the presence of foster children.
Requests for comment from HHSC and DFPS were not immediately returned.
The documents released on Monday provide a comprehensive overview of the case since it was reassigned to U.S. District Judge Randy Crane in McAllen.
Last year, the U.S. Supreme Court declined a motion from Yetter’s team to reconsider a decision by the 5th U.S. Circuit Court of Appeals to remove U.S. District Judge Janis Graham Jack from overseeing the lawsuit. Judge Jack had previously held the state in contempt three times for its failure to rectify the issues within the Texas foster care system and was removed following a ruling that cited her “highly antagonistic demeanor” toward the agency defendants.
This removal occurred shortly after the attorney general’s office enlisted private attorneys to bolster the state’s defense, led by prominent appellate attorney Allyson Ho, who is married to 5th Circuit Judge James Ho.
Allyson Ho did not respond to requests for comment regarding the monitor reports.
In a separate development, the state’s defense team recently filed a motion that has been sealed, leaving its content and implications unclear. It is unknown whether the motion seeks to modify or terminate the expensive lawsuit. By 2024, state attorneys reported that more than $150 million had been spent on remedial measures for the foster care system, in addition to the millions allocated for monitoring its operations.
