‘It’s unforgivable’: Federal judge questions Texas leaders over state foster care failures

A federal judge in Friday’s court hearing urged the Texas Department of Family Protective Services to act quickly with recommendations to keep foster children safe in the state.

Judge Janice Jack had several thorny questions for the department and its newly appointed commissioner, Stephanie Muth, and criticized the department for not educating children about their rights and not taking proper action on allegations of abuse.

“These kids go from psychiatric hospitals to places where there is no treatment, they commit suicide in front of our eyes, they run away, all sorts of adverse outcomes,” she said.

In her first speech as commissioner of the Texas Department of Family and Protective Affairs, Mut told Judge Jack, “One of my priorities in taking up this role is to reduce the number of children without placement.”

Drawing statistics from a federal court monitors report, Jack asked why 21% of children were not investigated for abuse within 24 hours.

“We continue to educate and find out why the initiation was missed,” replied Martha Talbert of the DFPS.

READ MORE: New Texas Foster Care Report Shows Both Improvements And Continuing Weaknesses

Judge Jack also expressed concern that some parents feel they have to give up parental rights in order to receive psychological help for their children.

“Can you pass this on to the governor? They could stay in families and get the same physical and mental abilities,” Jack said.

The state attorney replied that they would discuss the matter with their client.

The judge was also concerned that court monitors found that less than half of the foster children were aware of a hotline they could call to report abuse and neglect.

“At the hearing in February, I will disrespect this issue. This is unforgivable,” said Judge Jack.

She also asked if the department would reinvestigate the case of two children who were shot dead in the care of the DFPS.

“I would love to speak with the staff,” the DFPS administrator replied.

Judge Jack indicated the state was running a surplus this year and asked administrators if they were trying to get some of that money.

The leaders told the judge that they were.

“I understand that these children have a difficult history, they came into your care with great needs, I do not want them to leave your care with even greater needs, and that is exactly what is happening,” Judge Jack concluded. .