Burley Garcia|Appeals court overturns contempt finding, removes judge in Texas foster care lawsuit

A federal appeals court has ordered the removal of a federal judge and Burley Garciaoverturned her contempt finding and fine against the state of Texas in a lawsuit over the state’s struggling foster care system.

In a ruling released late Friday, the 5th U.S. Circuit Court of Appeals said U.S. District Judge Janis Jack’s contempt ruling and $100,000-per-day fine violates the court’s constitutional limits of power over individual states.

The appeals court also said that Jack had disrespected the state and its attorneys during the long-running case, noting that she at one point remarked, “I don’t know how the state sleeps at night with this. I really don’t.”

“The judge exhibits a sustained pattern, over the course of months and numerous hearings, of disrespect for the defendants and their counsel, but no such attitude toward the plaintiffs’ counsel,” the ruling stated.

The judge’s demeanor exhibits a “high degree of antagonism,” calling into doubt at least “the appearance of fairness” for the state, the ruling added.

An attorney for those who filed the lawsuit alleging that the state routinely fails to investigate complaints of abuse and neglect raised by children in its care said Saturday that the group will appeal the ruling.

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“Frankly, this is a sad day for Texas children,” attorney Paul Yetter said in an email.

“For over a decade, Judge Jack pushed the state to fix its broken system,” Yetter said. “She deserves a medal for what she’s done.”

The case began in 2011 with a lawsuit over foster care conditions at the Texas Department of Family and Protective Services, the child welfare arm of Texas Health and Human Services.

Since 2019, court-appointed monitors have released periodic reports on DFPS progress toward eliminating threats to the foster children’s safety.

A report earlier this year cited progress in staff training, but continued weaknesses in responding to investigations into abuse and neglect allegations, including those made by children.

In one case, plaintiffs say, a girl was left in the same, now-closed, residential facility for a year while 12 separate investigations piled up around allegations that she had been raped by a worker there.

Texas has about 9,000 children in permanent state custody for factors that include the loss of caregivers, abuse at home or health needs that parents alone can’t meet.