It's beginning to appear that if any challenge to the systemic abuse America's children and families by CPS and the legal juggernaut behind it, it might just come out of Texas. Heralded as a conservative "Red State," Texas U.S. District Judge Janis Graham Jack declared :Texas’ PMC (Permanent Managing Conservatorship) children have been shuttled throughout a system where rape, abuse, psychotropic medication, and instability are the norm." She also said that the responsibility for the abuse is a bipartisan issue... there's plenty of blame to go around in other words. When a system designed to protect children and look out for their best interest normalizes "rape, abuse, psychotropic medication and instability" something is very wrong and it looks like Judge Jack is ready to do something about it.
Today, more than 2 years later, outside of a few nominal bills being passed, very little has happened... not because of the judge, but the State Attorney General Ken Paxton, is resisting these changes. It's difficult to rule if the AG refuses to bring the cases forward. "One of the key national legislative actions that allows much of today’s abuses to happen in child welfare through state incentives to put more children in foster care and adoption, is the Adoption and Safe Families Act of 1997, signed into law by then President Clinton."
"While it is easy to point fingers and criticize the Clintons for this horrible piece of legislation, few point out that it was a Republican majority in Congress led by Newt Gingrich at the time that handed this bill to President Clinton to sign. The Republicans had a majority in both the House and the Senate at the time, and could have easily defeated the passage of this law, but they did not."
However it must be pointed out that Congress was pressured to bring the legislation to President Clinton's desk. Because of the lobbying efforts of groups such as the Children's Defense Fund (an organization that had Mrs. Clinton as well as HHS Sect. Donna Shalala as Director) the Republican Congress was painted into a corner... by refusing to recognize the "epidemic of child abuse" they would do themselves damage, not to mention look like they didn't care about children. Naturally, Clinton would sign it... a masterful bit of politicking by the Clintons and their allies.
"So whether Republican or Democrat, conservative or liberal, there is plenty of blame to go around to all politicians that continue to allow such a horrible system to stay in place, while collecting BILLIONS in federal funding, which fuels hundreds of thousands of jobs nationwide.
It doesn’t take strong investigative skills to determine why those running this system in each state are so reluctant to admit the corruption and abuses that so clearly exist."
But Judge Jack is not without allies of her own... one coming from an unexpected quarter- the MSM. The American-Statesman in Austin Texas has begun writing editorials in favor of the judge's crusade. Here are some excerpts:
"A child needs much more than shelter, food and clothing to establish a healthy life. Children need a good education, positive experiences, life skills and a nurturing environment to have a chance at becoming productive adults. Most children in Texas get what they need, but the majority of children in the state’s Child Protective Services system do not.
The mission of CPS is to protect children from abuse, neglect and exploitation. But the system is broken and has been for too long. Texas needs dramatic reform — and it’s time for state leaders to step up and make it happen.
A federal judge ruled four years ago that CPS causes more harm to children in a system where studies show children are repeatedly abused.
Last week, the same federal judge — U.S. District Judge Janis Graham Jack of Corpus Christi — ruled that the Texas foster care system remains broken and continues to place children at risk. She ordered Texas officials to adopt almost 100 changes, including reduced workloads for caseworkers, a ban on children sleeping in state offices and steps to better monitor and reduce sexual abuse, the American-Statesman’s Chuck Lindell reported.
It’s embarrassing that in a state led by lawmakers who pride themselves for holding a belief that all life is sacred, more urgent efforts aren’t being made to give Texas’ most fragile children a system that provides a haven respectful of their lives.
As expected, Texas Attorney General Ken Paxton quickly pounced on Jack’s order, calling it “incomplete and impractical” with “unrealistic mandates.”
We disagree."
In my limited understanding of legal process, it doesn't matter if the Attorney General agrees or disagrees with a judge's ruling- they are still bound by it. These are a couple of the judge's reform mandates for CPS workers:
"Jack has ordered caseworkers to immediately begin monthly meetings with foster children without their foster family or caregiver present. The requirement comes after records show that “former foster children testified at trial that they were unable to report abuse to a caseworker because the abuser — often the caregiver — was present during caseworker visits.”
Meanwhile, state officials are being required to create within the next 30 days a plan to address missing medical and mental health records for foster children. Within four months, state officials must also develop a plan for an integrated computer system containing complete records for each foster child, including medical and mental health history, education and court records. Poor record-keeping has contributed to sexual and physical abuse, undiagnosed developmental disorders and other problems, Jack said."
Judge Jack acted because of the unwillingness of legislators to address the problem- after all, why kill a cash cow. Brandon Logan with the Texas Public Policy Foundation, a conservative think tank, said the ruling undermined last year’s legislative efforts that had “set Texas on the right path.” The problem is that the "legislative efforts" did absolutely nothing to help the children stuck in the system. According to the American-Statesman: "Following the mandates — instead of putting up costly fights — is the right move. And it’s a wise investment for Texas."