A federal judge is fining Texas $100,000 daily until the state can prove it can properly handle allegations of abuse and neglect raised by children in the state’s foster care system.
The hefty fine comes as U.S. District Judge Janis Graham Jack has decided to hold the Texas Health and Human Services Agency in contempt of her orders to reform how the state investigates complaints. The daily fine will be lifted when Texas can show its inquiries can comply with the ruling.
In the ruling, the judge slammed the agency’s Provider Investigations unit for being unable to conduct thorough, accurate, and timely investigations of allegations of abuse, neglect, and exploitation.
“As demonstrated by the stories of the children and PI’s failure to take any action to remedy the egregious flaws identified by the Monitors, PI represents a significant, systemic failure that increases the risk of serious harm,” the judge wrote.
One case stated that a girl remained around a worker she alleged had raped her for a year while investigations on the incident remained pending. The facility in which the girl was held was eventually shut down by the state.
“The judge’s ruling is measured but urgent, given the shocking evidence,” attorney Paul Yetter, who is representing the foster children in the lawsuit, said. “Innocent children are suffering every day. After all these years, when will state leadership get serious about fixing this disaster?”
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Attorneys for the state have said that state officials have complied with the judge’s order but also say there is room for improvement. Judge Janis Graham Jack has pursued the same lawsuit since 2011 and has found the state in contempt before.
The judge set a June 26 hearing for additional findings.
