Appeals Court Asked to Reconsider Removal of Judge Janis Jack
Child welfare advocates requested a full review from the 5th U.S. Circuit Court of Appeals on Monday, urging it to reinstate U.S. District Judge Janis Jack in a long-standing lawsuit concerning Texas’ foster care system. This appeal follows an October 11 decision by a three-judge panel that vacated Judge Jack’s contempt ruling and a $100,000-per-day fine imposed on Texas, deeming it an overreach of constitutional authority.
Advocates Argue Judge’s Removal Endangers Foster Children
In their filing, attorneys for child advocates argued that the panel’s decision to remove Judge Jack jeopardizes the vulnerable children represented in the case, emphasizing that her decade-long involvement provided critical institutional knowledge. “Removing the district judge with deep institutional knowledge poses great risks to the entire plaintiff class of children by further delaying reform,” the advocates wrote. They are seeking a hearing with all 17 full-time judges of the New Orleans-based court to reverse the ruling.
Judge Jack’s Role and Background in the Case
Judge Jack has presided over the foster care lawsuit since it was filed in 2011, which aimed to address persistent safety issues within Texas’ Department of Family and Protective Services (DFPS). Her oversight led to the 2019 appointment of court monitors to report on the state’s efforts to reform foster care practices and ensure child safety.
Court-Appointed Monitors Report Mixed Progress
While reports this year showed improvements in areas like staff training, monitors continued to find lapses in handling abuse and neglect claims. A case cited by advocates detailed a young girl who remained at a residential facility for a year where she endured abuse, including rape by a staff member, despite 12 separate investigations into her care.
Case Impact on Texas’ 9,000 Foster Children
With around 9,000 children in the custody of DFPS, primarily due to abuse, neglect, or the inability of families to meet specific health needs, advocates worry that Judge Jack’s removal could slow the pace of necessary reforms. Texas has yet to file its response to the advocates’ appeal for reinstating the judge.
