Federal Appeals Court Upholds Order Limiting Texas Foster Group Homes Without 24-Hour Staffing To A Maximum Of Six Children

On July 8, 2019, the 5th U.S. Circuit Court of Appeals upheld a limit on foster home capacity in the modified injunction for M.D. v. Texas. The appeals court upheld a requirement that no children be placed in licensed foster group homes with more than six children without 24-hour adult supervision and a provision that the state conduct a caseload study. The injunction had ordered sweeping changes to the Texas foster care system.

The original ruling in M.D. v. Texas was issued in December 2015. The judge ruled that the state’s . . .