Judge threatens to levy contempt of court charges on Texas DFPS

DALLAS — In a listening to that lasted practically seven hours on Friday, District Judge Janis Jack didn’t mince phrases with state leaders and stakeholders in cost of the state’s embattled foster care program.

Following a federal lawsuit filed in opposition to the Texas Department of Family and Protective Services in 2011, Judge Jack required common studies to be offered by two outdoors screens of the division’s standing. Friday’s listening to was held practically every week after the fifth report was created. 

“There are some good things, and many things that need improvement,” Judge Jack mentioned.

The report lays out enhancements the division has made because the final check-in in areas like caseworker caseload and investigation outcomes, citing an almost 10% drop in outcomes the screens disagreed with. 

However, screens discovered that youngsters within the State’s care are nonetheless being uncovered to hurt. 

The report cited a rise in wait occasions and dropped requires calls coming into to report suspected neglect or abuse and never a excessive sufficient, in accordance to screens, proportion of circumstances involving youngsters in high-priority conditions being opened inside 24 hours of the report, which was one of the requirements set. 

Judge Jack mentioned acknowledged the progress being made by DFPS however identified that after the numbers get to the place they want to be, there’ll nonetheless be three years of monitoring in place. 

“We need to get a move on because this is getting critical,” Jack mentioned. 

The decide poured by way of the 280-page report, asking pointed questions and prodding for particular knowledge to help the solutions she acquired. She dug a number of occasions into what, particularly, is being accomplished to tackle particular issues whereas being clear that she did not need “tapdancing answers.”

One space that Judge Jack spent quite a bit of time discussing was circumstances involving Children Without Placements, that are sometimes extreme circumstances that create a barrier to offering placement. 

CPS advised WFAA there have been 69 CWOP circumstances as of Thursday. Judge Jack learn by way of a quantity of particular high-risk circumstances involving youngsters on this scenario and mentioned she needs to see the division have zero circumstances by June. She mentioned if that does not occur, she’s going to entertain a contempt of court movement from the plaintiff. 

Late final 12 months, Governor Greg Abbott appointed Stephanie Muth to lead DFPS, and she or he started her position because the division’s commissioner on Jan. 2. Judge Jack welcomed Commissioner Muth, thanking her for popping out of retirement to do the job and mentioned she is glad Muth is there. 

Muth spoke solely with WFAA outdoors of the courthouse Friday and mentioned this when requested concerning the CWOP circumstances: 

“That is our goal. Zero kids in CWOP,” Muth mentioned. “We work on that on the person youngster degree additionally trying on the system of care and the way you get these applicable placements. It’s not a perfect placement. It’s not superb for the kid. It’s definitely not superb for the employees, so that’s our objective.”

But when requested whether or not she might commit to zero CWOP circumstances by June, she mentioned she can’t. 

“I cannot commit to making that happen by June,” Muth mentioned. “There is a lack of placements. It’s a placement of last resort at this point, but there are a number of reasons why so we have to tackle this from a number of different angles.”

Judge Jack additionally threatened to levy a number of contempt of court charges in opposition to DFPS subsequent month throughout a listening to associated to a distinct subject, in response to an absence of solutions on points she mentioned ought to have been addressed years in the past. 

The decide highlighted a low proportion of youngsters in custody who’ve entry to telephones, are accustomed to the Foster Care Bill of Rights and have a identified level of contact in the event that they want to report an incident. Judge Jack mentioned these points have been to be addressed inside 30 days of a movement filed greater than 5 years in the past. 

“You are not getting the urgency,” Jack mentioned. 

She learn by way of particular circumstances involving youngsters who handed away within the state’s custody, in addition to a case involving a pregnant 13-year-old woman who was a intercourse trafficking sufferer, who managed to run away greater than as soon as. The decide demanded an inventory of all youngsters in everlasting custody who’re pregnant, their ages and whether or not they turned pregnant whereas in foster care inside 30 days. 

“These children are dying under your supervision,” Jack mentioned. “They’re getting raped, and they’re running away.”

Jack mentioned youngsters categorized as CWOP are “not safe” and known as the present scenario “dangerous”. When requested if she would label it the identical means, Muth known as it “difficult.”

“I can’t converse to what occurred previously however in three weeks that I’ve been there, what I do see is a way of urgency,” Muth said. “Our group may be very dedicated to the mission of the company and we’re working each on particular person youngsters’s points and circumstances and likewise systemically to make enhancements.

Muth mentioned DFPS has taken steps to request funding to enhance providers, enhance funding for kinship placement and assets from the legislature, which was one other query Judge Jack requested the group. 

“The legislative process is just beginning and as part of that process the agency submits what we see as our immediate needs,” Muth mentioned. “We have a quantity of requests in there that will enhance providers to youngsters and would additionally help employees who’re on the entrance line to cut back turnover.”

Judge Jack said that there will probably be one other listening to, related to Friday’s, held on June 27.