Appeals court to hear foster care case, as Texas tries to remove longtime judge

AUSTIN (KXAN) -- A federal appeals court heard the latest arguments in the fight over the Texas foster care system, including a striking request from the state to remove the longtime judge in the case.

For years, the lawsuit has been marked by tense moments between U.S. District Judge Janis Jack and leaders from the state's child welfare agencies, as she called for major reforms to the way the state handles the cases and treatment of thousands of children in its permanent care.

Attorneys representing the state, however, have pointed to progress in recent years, noting that they've spent over $100 million trying to comply with Judge Jack's court-ordered reforms. According to a recent filing with the Fifth Circuit Court of Appeals, the state's attorneys said they believe the judge's "open hostility" has called into question her ability to remain impartial.

"The district court requires the commissioners of two large state agencies to attend nearly every hearing and snap status conference, where the court interrogates and berates them," the filing read. The filing also called it "a persistent obstacle" to its progress.

"Every positive step -- that the state has accomplished -- has been pushed by this district judge"

In a hearing in front of the Fifth Circuit on Monday, attorneys representing thousands of foster kids in the permanent care of the state argued that Jack only wants a safe system.

"Every positive step that the state has accomplished has been pushed by this district judge," said Paul Yetter, attorney for the children.

In 2015, Jack ruled that foster children were leaving the system more damaged than when they entered. The Fifth Circuit upheld some significant portions of Jack's ruling and demanded the state comply with some of her court-ordered reforms, but it did not agree with every proposed remedy.

Since then, Jack has held the state in contempt of court several times for violating those orders -- including her latest demand of daily $100,000 fines for failing to properly investigate certain claims of abuse and neglect.

The state’s attorneys almost immediately appealed her decision, and the Fifth Circuit agreed to temporarily block the fines.

This is a developing story, and KXAN investigators update this story when more details become available.