The state of Texas lost two intermediate battles Monday in its fight to block a federal judge’s efforts to reform a foster care system that she found hasย violated children’s civil rights by subjecting them to rampant neglect and abuse.
A higher court rejected Attorney General Ken Paxton‘s request to stop the appointment of “special masters” byย U.S. District Judge Janis Jack of Corpus Christiย toย oversee reforms.
Jack quickly appointed two mastersย favored by childrenโs rights advocates: Francis McGovern, a Duke University law professor, and Kevin Ryan, partner at the New Jersey nonprofit Public Catalyst, which advocates for child welfare.ย Jack rejected candidates nominated by the state.
The masters are expected to study the system andย recommend changes, such as hiring moreย caseworkers to work with foster children and heightened oversight of foster group homes.
โThis is a tremendous day for thousands of children in Texas state foster care,โ said Paul Yetter, the lead attorney for long-term foster children and their advocates who brought the lawsuit that prompted Jack’s ruling.ย โAfter years of unsuccessful attempts to address the failings of an undeniably broken system, meaningful reform can finally take root.โ
In December, Jack issued a sweeping ruling against Texasโ long-term foster care system, known as permanent managing conservatorship, finding thatย childrenย in the system had beenย subjected to “years of abuse [and] neglect,”ย systemically denying themย their civil rights.
Yetterโs team represents roughly 12,000 children in Texasโ long-term foster care system in the class-action suit known as M.D. v. Abbott. Paxton is expected to continue challenging the ruling in higher court.
Mondayโs developments marked the latest in a series of blows to state officials, who have called Jackโs original ruling a โmisguided federal takeover of the Texas foster-care systemโ that could mandate costly policies.ย
Ryan and McGovern will begin work as special masters on April 1, according to Childrenโs Rights, Inc., a nonprofit that helped bring the lawsuit against Texas.
On Monday, the U.S. 5th Circuit Court of Appealsย appeared to offer support for the ruling, saying it had found โevidence supporting the grave problems arising from the lack of 24-hour supervision in foster group homes.โ
Widespread abuse stemming from unsupervised foster group homes was just one of many issues brought by lawyers suing the state, but it was the only one the appeals court alluded to when allowing Jack to appoint the special masters, at Texasโ expense.
A spokeswoman for the attorney generalโs office did not immediately return a request for comment on the ruling.



