TEXAS, USA — U.S. District Judge Janis Graham Jack’s order holding the Texas Health and Human Services Commission in contempt of court is stayed, the U.S. Court of Appeals for the Fifth Circuit ruled Wednesday.
The appeal was filed in the Fifth Circuit on behalf of Gov. Greg Abbott, Department of Family and Protective Services Commissioner Stephanie Muth and Health and Human Services Executive Commissioner Cecile Erwin Young, who are all named defendants in the State's legal battle over failures in its foster care system, which has been ongoing since 2011.
Plaintiffs in the case have until April 22 to file a response and the defendants have until April 24 to file a response, court records show.
Jack’s contempt ruling Monday came with a $50,000 per day fine for each of the two orders she ruled the State violated, bringing the total fine to $100,000 per day. The ruling specifically targeted Commissioner Young and HHSC, citing that the agency's provider investigation unit showed "chronic failures" in completely timely, effective investigations into allegations of abuse and neglect from children who are in permanent state custody.
The appeals court Wednesday temporarily blocked the $100,000-per-day fine while the state appeals Jack's ruling.
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