Texan Foster Children Can Proceed With Class Action, Judge Rules

A retired U.S. District Judge has certified a class of more than 12,000 children removed from their homes due to abuse and neglect in Texas. The suit, brought by the group Children’s Rights, accuses the state of poor supervision of children who are placed into foster care.

Homes often care for up to 12 children at a time.

The suit was originally heard back in January, and Judge Janis Graham Jack’s ruling will now be reviewed by attorneys acting for the State of Texas. The ruling follows, though is not directly linked to, the death of a two-year-old, Alexandria Hill, who was placed into foster care by the state. The child’s foster mother had been recruited by Texas Mentor, but now faces charges for capital murder. Following Hill’s death, officials reviewed 23 foster homes in Texas, leading to the removal of some children over concerns related to disciplining procedures.

Judge Jack has now ruled that Children’s Rights has presented enough evidence to support its claims that Child Protective Services caseworkers are overworked and that child care licensing inspectors are often rushed and unable to give cases due care and attention.

The lawsuit was originally filed in 2011 on the behalf of nine children placed into Texan foster homes, but a federal judge ruled that a legal class had not been sufficiently defined or established. The newest ruling means that the case can now advance to trial. It isn’t known yet whether the state will appeal the decision.

In Tuesday’s order, Judge Jack also noted that "caseworkers are, in effect, these children's fire alarms. A caseworker that is so overburdened that she cannot visit the children she is responsible for cannot fulfill this function."

Children’s Rights have now proposed the trial analyzes harm done to a general class while it also sues for three subclasses, including one of young children living in group foster homes. Such homes often care for up to 12 children at a time. The action alleges that insufficient care and protection is provided by often overwhelmed workers.