Texas Seeks End to Federal Foster Care Monitoring
State officials argue reforms are complete as a federal court hearing begins to evaluate foster care compliance.
Updated on Oct. 28, 2026 in Criminal Justice
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Texas is asking a federal judge to end court-ordered monitoring of its foster care system, claiming the state has achieved substantial compliance with a 2018 federal injunction. Attorneys representing foster children are cross-examining state officials to argue that the system remains unstable.
Why it matters
State officials contend that significant investments and structural changes warrant returning the foster care system to full state control. Opposing legal counsel maintains that the system still faces critical challenges in managing the safety and welfare of children.
The state has spent $320 million on reforms since 2019, while 61% of children in foster care remain in the custody of private companies. The court is currently hearing testimony to decide if the state has met requirements following a 2018 federal injunction.
The players
Janis Jack
This U.S. District Judge was previously assigned to the case before being removed by the 5th Circuit Court of Appeals.
EMPOWER
This former private foster care contractor for the state saw its contract terminated in 2026 following safety concerns.
Terrell Center for Youth
This facility represents a $35 million investment in the state's efforts to reform youth care infrastructure.
The details
The state has invested heavily in infrastructure, including the $35 million Terrell Center for Youth, and terminated its largest private contractor, EMPOWER, in July 2026. This follows a difficult period in March 2026 when two children died while in the care of that contractor.
Timeline
2011: The original lawsuit concerning the Texas foster care system was filed.
2017: State lawmakers approved reforms transitioning to private contractors.
2018: A federal injunction was issued against the DFPS and HHSC.
March 2026: Two children died while in the care of private contractor EMPOWER.
July 2026: Texas terminated its contract with the private entity EMPOWER.
Legal Context
This hearing serves as a high-stakes test of the 2018 federal injunction against the Texas foster care system. State officials are attempting to move past long-standing judicial oversight by arguing that massive capital and staffing investments have finally satisfied the court's mandates.
Residents should anticipate continued focus on state agency performance as the court evaluates the safety and stability of the foster care network. The outcome of this legal proceeding will determine the level of external oversight applied to Texas child welfare operations moving forward.
The takeaway
The state's request for an end to monitoring reflects a belief that significant financial investment has corrected systemic failures. Whether that spending has created long-term stability for children in the system remains the core issue for the court to resolve.
What happens next
Judge Crane is expected to issue a decision later this week regarding whether to terminate the monitoring or set a new, modified timeline for compliance.
Further reading
For more background on state oversight, visit Criminal Justice.
Source note: This article includes information reported by KXAN.
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