Federal judge fines Texas child welfare agency $100K per day for foster care failures
Texas child welfare agency found in contempt and fined $100k per day The Texas Tribune
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A federal judge orders Texas health and human services officials to pay fines for neglecting investigations into allegations of abuse and neglect in the foster care system
Introduction
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.
Judge’s Ruling
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.
Agency’s Failure
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. The decision emphasizes the systemic failure of the agency, increasing the risk of serious harm to the children.
Fines and Compliance
The fines levied against Texas will be lifted when the state can demonstrate that its investigations are in compliance. A hearing on that matter is set for late June.
History of Non-Compliance
Jack made her first ruling condemning the state foster care system in 2015, and three years later, the conservative Fifth U.S. Circuit Court of Appeals agreed. Since then, she’s ordered several fixes over the years and continuously criticized the state for not complying with her orders. Since 2019, DFPS has been under the supervision of court-appointed monitors who have released periodic reports on Texas’ progress toward eliminating threats to children’s safety in the foster care system.
Attorneys’ Response
Attorneys representing the foster children in the lawsuit said Monday’s ruling from Jack sends a strong message. They emphasized the urgent need for state leadership to address the shocking evidence and fix the disaster that innocent children are suffering from every day.
Agency’s Response
Officials at the DFPS declined to comment on Monday. A spokesperson at HHS said the agency was reviewing the order.
Progress and Weaknesses
A January report by foster care monitors cited progress in the area of staff training but continued weaknesses in the agencies’ responses to investigations into allegations of abuse and neglect made by children or those who contact them.
Challenges Faced by Children in Foster Care
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.
Issues with Investigations into Sexual Abuse
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, 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.” The facility was eventually shut down by the state. The investigation never substantiated the allegations, and a new state agency policy does not require investigators to explain those findings.
Training and Reporting
According to the court monitors, children in the state’s care are not informed how to report sexual abuse. Also, the state has not been able to prove that it has properly trained its caseworkers on how to identify potential victims of sexual abuse.
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SDGs, Targets, and Indicators
1. Which SDGs are addressed or connected to the issues highlighted in the article?
- SDG 1: No Poverty
- SDG 3: Good Health and Well-being
- SDG 5: Gender Equality
- SDG 10: Reduced Inequalities
- SDG 16: Peace, Justice, and Strong Institutions
2. What specific targets under those SDGs can be identified based on the article’s content?
- Target 1.3: Implement nationally appropriate social protection systems and measures for all, including floors, and by 2030 achieve substantial coverage of the poor and the vulnerable.
- Target 3.2: By 2030, end preventable deaths of newborns and children under 5 years of age, with all countries aiming to reduce neonatal mortality to at least as low as 12 per 1,000 live births and under-5 mortality to at least as low as 25 per 1,000 live births.
- Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.
- Target 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion, or economic or other status.
- Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?
- Indicator 1.3.1: Proportion of population covered by social protection floors/systems, by sex, distinguishing children, unemployed persons, older persons, persons with disabilities, pregnant women, newborns, work-injury victims, and the poor and vulnerable.
- Indicator 3.2.1: Under-five mortality rate.
- Indicator 5.2.1: Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual, or psychological violence by a current or former intimate partner in the previous 12 months, by form of violence and by age group.
- Indicator 10.2.1: Proportion of people living below 50 percent of median income, by age, sex, and persons with disabilities.
- Indicator 16.3.3: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized mechanisms.
Table: SDGs, Targets, and Indicators
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 1: No Poverty | Target 1.3: Implement nationally appropriate social protection systems and measures for all, including floors, and by 2030 achieve substantial coverage of the poor and the vulnerable. | Indicator 1.3.1: Proportion of population covered by social protection floors/systems, by sex, distinguishing children, unemployed persons, older persons, persons with disabilities, pregnant women, newborns, work-injury victims, and the poor and vulnerable. |
| SDG 3: Good Health and Well-being | Target 3.2: By 2030, end preventable deaths of newborns and children under 5 years of age, with all countries aiming to reduce neonatal mortality to at least as low as 12 per 1,000 live births and under-5 mortality to at least as low as 25 per 1,000 live births. | Indicator 3.2.1: Under-five mortality rate. |
| SDG 5: Gender Equality | Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation. | Indicator 5.2.1: Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual, or psychological violence by a current or former intimate partner in the previous 12 months, by form of violence and by age group. |
| SDG 10: Reduced Inequalities | Target 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion, or economic or other status. | Indicator 10.2.1: Proportion of people living below 50 percent of median income, by age, sex, and persons with disabilities. |
| SDG 16: Peace, Justice, and Strong Institutions | Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. | Indicator 16.3.3: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized mechanisms. |
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Source: texastribune.org
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