A law suit in Texas, challenging its foster care system, is being ferociously opposed by the state. The class action alleges that the system is broken, and violating children’s rights. 

The state is arguing, amongst other things, that a court of law should not be addressing these concerns and that legislation and policy as well as internal measures within their own departments should be handling the complaints.

The plaintiffs, who are represented by Children’s Rights, a New York-based advocacy group, and A Better Childhood, a spinoff group started by its founder, are arguing that the Texas Department of Family and Protective Services are not proactive when it comes to addressing the problems and that it relies to heavily on independent and private contractors which is causing further inequalities and human rights breaches.

At its heart, the case focuses on children’s ‘substantive due process’ right under the 14th Amendment to be free from unreasonable risk of harm while in state care.

These themes are eerily similar to our own in the UK. We predict that it won’t be long before a class action like this one is mounted in England.