HOUSTON — Texas is asking a federal judge to dismiss a 15-year-old class-action lawsuit that placed the state’s foster-care system under continuing court supervision, setting up a major test of whether reforms are strong enough to continue without federal oversight.
U.S. District Judge Randy Crane is holding a multiday hearing in Houston beginning Tuesday, Oct. 20, the first public hearing in the case in two years, according to The Texas Tribune. The case affects a system with a reported $4.9 billion budget and approximately 6,800 children in long-term state care.
The lawsuit was filed in 2011. A federal court later found that Texas exposed children in permanent foster care to an unreasonable risk of harm, leading to court-ordered reforms and monitoring. Since 2018, monitors have inspected placements and reported publicly on safety, abuse investigations, staffing levels and conditions for children.
Attorneys for the state argue that the central systems required by the court have been built and are working. They point to shorter waits on the abuse hotline, improved investigations and more manageable caseworker loads. Recent monitoring reports found that more than 82% of permanent-care caseloads remained within a benchmark of 14 to 17 children per worker.
The number of children in long-term foster care also has fallen from about 12,000 in 2011 to roughly 6,800 in 2025. Texas has increasingly emphasized keeping children with parents or relatives when that can be done safely.
Lawyers representing foster children say progress is real but not yet durable. Monitoring reports released in June described continuing concerns about children placed in homes with histories of abuse, neglect or exploitation, as well as private contractors carrying caseloads above recommended levels. The reports also credited the state with improvement in several areas.
The dispute comes as Texas shifts more foster-care management to private community contractors. Just over half of children in state care are now managed and placed through those organizations, the Tribune reported. State officials say their decision to take over a troubled Dallas-area contractor demonstrated that safeguards are working; plaintiffs argue the transition remains unstable and requires outside review.
The Texas Department of Family and Protective Services maintains an official foster-care litigation page and says monitoring continues while the case is pending.
Crane’s decision will determine whether federal oversight ends or whether the state must continue operating under court-enforced reforms. No ruling had been announced when this article was published.
Featured image is an original illustration and does not depict a specific child, courthouse or proceeding.
