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Federal Court Finds that Texas Violates Foster Children's Constitutional Right to Be Free from Unreasonable Harm Caused by the State

On December 17, 2015, the U.S. Disctrict Court for the Southern District of Texas, Corpus Christi Division, issued its opinion in the class action brought against various State officials on behalf of Texas children in foster care. Hon. Janis Graham Jack found that Texas violates foster children's Fourteenth Amendment substantive due process right to be free from unreasonable risk of harm caused by the State. Judge Jack will appoint a Special Master to oversee implementation of a lengthy list of specific goals. Judge Jack concluded that "Texas's foster care system is broken ... it is broken for Texas's PMC foster children, who almost uniformly leave State custody more damaged than when they enter.... Texas's foster children have been shuttled throughout a system where rape, abuse, psychotropic medication, and instability are the norm." She also took time to note that Hon. John "Specia and his staff have the best intentions to run an effective foster care system." To view the full opinion, please click here.


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