Inside the Texas Foster Care Crisis: Lawsuits, Deaths, and Federal Oversight

Texas’s foster care system has faced intense scrutiny in recent years, driven by a long-running federal class-action lawsuit, an alarming number of child deaths, and shifting federal oversight. Despite reforms worth hundreds of millions of dollars, the safety of vulnerable children remains in question—and advocates warn that without real accountability, lives continue to be at risk.

Key Takeaways for the Texas Foster Care Crisis

A 13-year federal lawsuit has labeled the Texas foster system "broken," leading to costly oversight mandates and court monitoring.
At least 49 children have died in state care since 2019, prompting renewed calls for reform.
In 2024, Texas moved to reduce federal judge oversight after spending more than $100 million on reforms—raising concerns among advocates.
Recently, the 5th Circuit removed the presiding judge and overturned a contempt ruling, complicating enforcement of reform mandates.

A Lawsuit Entering Its Teenage Years

In 2011, a landmark federal lawsuit named M.D. v. Perry was filed on behalf of children in Texas foster care, challenging unconstitutional conditions. In 2015, Judge Janis Graham Jack labeled the system "broken" and imposed sweeping court orders to protect children, with monitors providing regular progress reports.

By early 2024, the state petitioned the court to lift several mandates, arguing one-time progress justified rolling back oversight after spending more than $100 million on improvements. But monitor reports showed that 40% of caseworkers still faced caseloads above the agreed limit, while risks continued to pervade the system.

Tragedy Persists

Even with reforms underway, tragedy continues. At least 49 children have died in Texas custody since 2019, according to federal court monitors. One case involved a teenager tagged as a Child Without Placement (CWOP), who died after multiple failed placements and possible trafficking risks.

These deaths underscore how systemic failures—like unchecked placements in unsafe conditions—can result in devastating outcomes.

Federal Oversight Fades

In October 2024, the 5th Circuit Court of Appeals overturned Judge Jack’s $100,000-per-day contempt fines and replaced her on the case, citing constitutional concerns over federal control versus state autonomy. This ruling removed a key accountability mechanism and disrupted stabilized oversight.

Child welfare advocates have petitioned the full 5th Circuit to reinstate Judge Jack, emphasizing that her institutional knowledge and enforcement ability were vital to protecting children.

Why It Matters—And What Comes Next

The Texas foster care crisis illustrates how legal remedies and oversight can only go so far without ongoing enforcement and transparency. As the state attempts to reduce court oversight and the presiding judge is removed, watchdog advocacy becomes essential.

What could contribute to change?

Legislative oversight and reforms, such as limiting CWOP placements or capping caseloads per worker.
Independent monitoring committees to track caseworker caseloads, child death data, and investigative timelines.
Investments in prevention, like crisis nursery networks in San Antonio, which provide emergency support to families and might reduce foster system entries.

FAQ for the Texas Foster Care Crisis

Why did the federal court step in?

Systemic issues like unsafe placements, overcrowded caseworker loads, and uninvestigated abuse prompted Judge Jack to declare the system unconstitutional and issue reform mandates.

Have reforms made a difference?

Yes—increased training, lower caseloads, and faster investigations were reported. But with nearly 50 child deaths since 2019, safety issues persist.

What changed with the 5th Circuit decision?

The appeals court removed Judge Jack and overturned her contempt finding, limiting federal authority to enforce critical reforms and slowing momentum for accountability.

Seeking Justice Amid Ongoing Crisis

Texas’s foster care challenges remain urgent and unresolved. LitigationConnect supports survivors and child advocates navigating this complex landscape. Our team offers free, confidential case evaluations and helps families understand legal routes—whether seeking enforcement of federal reforms, legislative change, or direct legal advocacy.