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M. D. BY STUKENBERG v. ABBOTT

No. 18-40057.

929 F.3d 272 (2019)

M. D., BY next friend Sarah R. STUKENBERG; Z. H., by next friend Carla B. Morrison; S. A., by next friend Javier Solis; A. M., by next friend Jennifer Talley; J. S., by next friend Anna J. Ricker; H. V., by next friend Anna J. Ricker; L. H., by next friend Estela C. Vasquez; C. H., by next friend Estela C. Vasquez; A. R., by next friend Tom McKenzie, individually and on behalf of all other similarly situated, Plaintiffs-Appellees v. Greg ABBOTT, in his official capacity as Governor of the State of Texas; Courtney Phillips, in her official capacity as Executive Commissioner of the Health and Human Services Commission of Texas; Henry Whitman, Jr., in his official capacity as Commissioner of the Department of Family and Protective Services of the State of Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED July 8, 2019.

Attorney(s) appearing for the Case

Richard Paul Yetter , Dori Kornfeld Goldman , Lonny Jacob Hoffman , Reagan William Simpson, Esq. , Christian J. Ward , Attorney, Yetter Coleman, L.L.P., Houston, TX, Michael Kenneth Bartosz , Sara Michelle Bartosz , Senior Counsel, Stephen Andrew Dixon, Esq. , Christina Wilson Remlin , Children's Rights, Incorporated, Marcia Lowry , A Better Childhood, Incorporated, New York, NY, Barry Frank McNeil, Esq. , Haynes & Boone, L.L.P., Dallas, TX, for Plaintiffs-Appellees.

Kyle Douglas Hawkins , Joseph David Hughes , Assistant Solicitor General, Office of the Attorney General, Office of the Solicitor General, Thomas A. Albright , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Philip A. Lionberger , Office of the Solicitor General for the State of Texas, Austin, TX, for Defendants-Appellants.

Tara Sharee Grigg Garlinghouse , Foster Care Advocacy Center, Houston, TX, Brian D. East , Senior Attorney, Disability Rights Texas, Central Texas Regional Office, Austin, TX, for Amicus Curiae Disability Rights Texas.

Richard Phillips Hogan, Jr. , Hogan & Hogan, Houston, TX, for Amicus Curiae National Association of Social Workers Texas Chapter.

Noel Terry Adams, Jr. , Houston, TX, for Amicus Curiae National Association of Counsel for Children.

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

This case returns to us after a limited remand. After our opinion in M.D. by Stukenberg v. Abbott (Stukenberg I), 907 F.3d 237 (5th Cir. 2018), the district court was tasked with modifying its injunction remedying certain constitutional deficiencies in Texas's foster-care...

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