Federal Judge Issues Orders to CPS after Appellate Ruling

Federal District Judge Janis Jack issued an order on Nov. 20 that could:

  • require CPS to increase staffing for conservatorship and child care licensing workers,
  • cease use of so-called “I see you” workers,
  • prohibit placement of more than six children in foster group homes without overnight supervision, and
  • require a major upgrade of the data system CPS uses to track children in state care, among other items.

Judge Jack’s order comes in response to an Oct. 18 ruling by a panel of the 5th Circuit Court of Appeals in New Orleans that upheld parts of Judge Jack’s prior rulings and overturned others. See this Dallas Morning News article on the order and prior ruling. Judge Jack’s order is the most recent step in the long-running litigation that found parts of the state’s child protection system unconstitutional for failing to protect children in long-term state care from an unreasonable risk of harm. Read the full court order.

The State of Texas will next determine whether to appeal Judge Jack’s order to the full Court of Appeals or the U.S. Supreme Court.