Over the last decade the Wisconsin Bureau of Milwaukee Child Welfare (BMCW) has made life-changing improvements for kids in its foster care system. Leaders have dramatically cut the rate of abuse and neglect in care, the amount of time kids spend there and the number of children on workers’ caseloads. These advances mean Milwaukee’s kids are safer and getting more of the attention they need and deserve. Now leaders must concentrate even harder on reducing the number of times kids are shuffled through foster care placements. If Milwaukee puts concerted effort into reaching this last milestone, it will be even closer to running one of the strongest child welfare systems in the country.

Children’s Rights and co-counsel filed the federal class action known as Jeanine B. v. Walker in 1993, charging that the Milwaukee child welfare system was grossly mismanaged and failed to protect children in its care. A court-enforceable settlement agreement mandating an overhaul of the child welfare system was reached in 2002. State officials are currently implementing a Corrective Action Plan aimed at bringing BMCW into full compliance with the requirements of the settlement agreement.

In response to the ruling (PDF), Sara Bartosz, senior attorney for Children’s Rights, released the following statement:

“Children’s Rights appreciates Judge Edmunds’ careful consideration of this matter, and regards today’s ruling a victory for young people aging out of foster care in Michigan.

“While it is laudable that Michigan has established mandated support services up to age 21, the mere creation of the program does not, in and of itself, assure that these young people will consistently receive the benefits. Monitoring and enforcement will ensure that hundreds of children in DHS foster care receive the support necessary to make the transition to independent adult life.”

DETROIT, MI — Five years after Michigan agreed to reform its child welfare system, the state’s Department of Human Services (DHS) is still struggling in its most critical mandate –to keep kids safe from abuse and neglect, according to a report released today by the federal monitors charged with tracking the reform.

The report (PDF), covering the first half of 2012, is the sixth to be issued since the state first reached a settlement with Children’s Rights in 2008, and the second since the parties signed off on an updated agreement in 2011 to put the stalled reform effort back on track.

“The basic mission of foster care is to protect kids, so no one can be content that so many children are still being harmed in state care,” said Sara Bartosz, senior staff attorney for Children’s Rights.

According to the report, 241 kids were determined to have been abused or neglected in care during the monitoring period. And 1,805 of the 4,810 foster children residing with relatives at the end of the period were in homes that were not licensed, enrolled in the licensing process or waived from the licensure requirements.

“The number of kids in unlicensed kinship homes is deeply concerning, considering that 40 percent of all abuse in care occurred in these homes,” said Bartosz. “DHS has made strides to license more relative caregivers, but they must work harder to reach the finish line.”

The monitors also found that DHS failed to launch investigations on time for 35 percent of abuse and neglect allegations that required an immediate response, and failed to ensure caseworkers frequently visited with children. In June, 2012, just 73 percent of kids were visited monthly, and only 56 percent of kids were visited twice during their first month in foster care.

Michigan, however, has made progress in some other areas.

The number of legally free youth waiting to be adopted dropped from 4,237 in September, 2011 to 2,640 in January, 2013. The state has also exceeded its goal of finalizing juvenile guardianships. And it has expanded the support available to families after they adopt a child from foster care by awarding contracts to eight private adoption agencies to create post-adoption resource centers. The centers will provide services such as case management, in-home intervention, coordination of community services, education, training and advocacy.

“Michigan has shown that it is capable of implementing significant reforms,” said Bartosz. “It is now imperative for the state to focus on safeguarding children as it continues to repair its foster care system.”

Children’s Rights filed the child welfare reform class action known as Dwayne B. v. Granholm in August 2006, with Edward Leibensperger of the international law firm McDermott Will & Emery and Michigan-based law firm Kienbaum Opperwall Hardy & Pelton.

(New York) — Children’s Rights’ sound fiscal management practices have earned the organization a 4-star rating from Charity Navigator, America’s largest independent charity evaluator.

“This is a testament to our stewardship of donor funds and commitment to accountability and transparency,” said Sandy Santana, chief operating officer of Children’s Rights. “In the current economic environment, it is important that our supporters know that we’re maximizing our donations to uphold our mission–to protect the constitutional rights of abused and neglected children.”

Since 2002, using data-driven analysis, Charity Navigator has awarded only the most fiscally responsible organizations a 4-star rating. In 2011, Charity Navigator added a second dimension of Accountability and Transparency (A&T) to its rating methodology, and now reviews 17 governance and ethical practices as well as measures of openness, providing information on its web site for each of the charities it evaluates. The A&T metrics reveal which charities have “best practices” that minimize the chance of unethical activities and whether they freely share basic information with their donors and other stakeholders.

“The coveted 4-star rating puts Children’s Rights in a very select group of high-performing charities,” according to Ken Berger, CEO of Charity Navigator. “Out of the thousands of nonprofits Charity Navigator evaluates, only one out of four earns 4 stars — a rating that, now, with our new Accountability and Transparency metrics, demands even greater rigor, responsibility and commitment to openness. Children’s Rights supporters should feel much more confident that their hard-earned dollars are being used efficiently and responsibly when it acquires such a high rating.”

Charity Navigator is the largest charity evaluator in America and its website attracts more visitors than all other charity rating groups combined. The organization helps guide intelligent giving by evaluating the Financial Health and Accountability & Transparency of roughly 5,500 mid-to-large sized charities that garner roughly 50% of all private contributions made in the USA each year (not including houses of worship). Charity Navigator accepts no advertising or donations from the organizations it evaluates.

(New York, NY) —- A new report by the court-appointed monitor shows that the Mississippi Department of Family and Children Services (DFCS) is struggling to ensure the basic safety of abused and neglected children in state care — despite a modified settlement agreement filed six months ago addressing the state’s consistent failure to improve system-wide. The reform efforts were spurred by Children’s Rights when the national advocacy group filed a class action suit against the state in 2004.

“The state already has been rebuked sharply for failing in its obligation to improve the child welfare system, so it is alarming that the state continues to approach reform efforts with a lack of urgency,” said Marcia Robinson Lowry, founder and executive director of Children’s Rights.

In a progress report focused on the last six months of 2012, the monitor notes that “persistent staffing shortages, a woefully inadequate information management system, and, at various points, the absence of a complete and permanent executive leadership team” continue to hamper the pace of reform at DFCS.

According to the most recent federal data, the statewide rate of maltreatment in Mississippi foster care stands at 1.59, which is five times the national standard. The report says this rate could be even higher due to the poor quality of investigations.

The monitor notes that the prolonged effort to replace the head of the child welfare system is emblematic of the agency’s lax approach toward urgent initiatives. The modified settlement agreement requires DFCS to maintain a deputy administrator, a person with expertise in child welfare whose sole responsibility is overseeing the agency. This critical position has remained vacant for more than six months, and will remain vacant until at least April 1, 2013.

The report describes numerous deficiencies with Mississippi’s ability to provide accurate and timely data on agency performance. Most critically, five years after the court approved the settlement agreement, DFCS still cannot produce reliable reports on caseworker workloads, which would provide management with the basic information it needs to ensure adequate hiring.

“The state’s failure to report accurate data contributes to the systemic issues of understaffing and high caseloads, both of which compromise the safety and well-being of children in DFCS custody,” said Lowry. “After five years of the same problems, Mississippi must immediately accelerate the pace of reform.”

The class action, known as Olivia Y. v. Barbour, charged Mississippi with failing to provide legally required care and protection to the approximately 3,500 abused and neglected children in state custody. Longstanding problems cited in the lawsuit, which was filed in 2004, included dangerously high caseloads, untrained caseworkers, a shortage of foster homes, and a widespread failure to provide basic health care services.

Counsel for the class of child plaintiffs includes Wayne Drinkwater, Bradley Arant Boult Cummings LLP, Jackson, Miss.

More information about Children’s Rights’ campaign to reform the child welfare system in Mississippi can be found at www.childrensrights.org/mississippi.

“Looking forward, there’s an opportunity to get the state’s child welfare system back on track to making major positive changes for kids and complying with court-ordered reforms. We are eager to work with new DCS leadership toward vital improvements for abused and neglected children in Tennessee.”

Filed in 2000 by Children’s Rights and co-counsel on behalf of all children in state custody, the class action known as Brian A. v. Haslam charged Tennessee’s mismanaged child welfare system with violating children’s constitutional rights and causing them irreparable physical and emotional harm. Co-counsel includes a team of Tennessee attorneys including David Raybin of Hollins, Raybin & Weissman and Jacqueline Dixon of Weatherly, McNally & Dixon in Nashville; Richard Fields in Memphis; Robert Louis Hutton of Glankler Brown in Memphis; and Wade Davies of Ritchie, Fels & Dillard in Knoxville.

More information about Children’s Rights’ campaign to reform the child welfare system in Tennessee can be found at www.childrensrights.org/reform-campaigns/legal-cases/tennessee/

(Boston, MA) — U.S. District Judge William Young has determined that the trial for a federal class action lawsuit seeking to reform Massachusetts’ deeply-troubled child welfare system will begin on Tuesday, January 22, 2013 at 9:00 a.m. at the John Joseph Moakley U.S. Courthouse, Courtroom #18, 5th Floor, 1 Courthouse Way, Boston, Massachusetts 02210.

National advocacy group Children’s Rights, with Boston law firm Nutter McClennen & Fish LLP, filed the lawsuit known as Connor B. v. Patrick in April 2010, charging the state’s Department of Children and Families (DCF) with failing to meet its legal duty to protect the 7,500 children entrusted to its care from harm, including abuse and neglect.

According to 2011 federal data, Massachusetts ranked ninth worst among 52 jurisdictions in terms of the rate of maltreatment of children in foster care. A December 2011 U.S. Government Accountability Office study shows that almost 40 percent of foster children in Massachusetts were prescribed psychiatric medications, compared to slightly more than 10 percent of children outside of Massachusetts state custody.

“The Massachusetts child welfare system is one of the most dangerous in the country on a number of significant measures,” said Marcia Robinson Lowry, executive director of Children’s Rights. “We are fully prepared to demonstrate how damaging Massachusetts foster care is for children.”

The trial is expected to run from 9:00 am to 1:00 pm for the next several weeks. Please note that no cameras or recording devices will be permitted inside the courtroom.

More information about Children’s Rights’ campaign to reform the Massachusetts child welfare system can be found at www.childrensrights.org/reform-campaigns/legal-cases/massachusetts/.

“While New Jersey has been on the path to becoming a national leader for child welfare reform, its progress has slowed and there is a troubling lag when it comes to improving fundamental services to children.

“Given New Jersey’s accomplishments, there is reason to believe that the Department of Children and Families (DCF) should be able to achieve reform in all areas addressed by the system-wide court order. Thanks to the state’s recruiting efforts, DCF’s supply of licensed foster homes and relative caregivers ensures that DCF has adequate placement options for children. In addition, New Jersey is becoming a national model for providing timely health care to foster kids.

“However, caseworker visits to foster children remain startlingly low at 53 percent. The state cannot afford to lose ground in such a critical service. DCF continues to struggle with maintaining appropriate caseloads, timely case planning, coordinating family meetings and addressing the needs of children aging out of foster care. New Jersey has focused considerable resources on reviewing its operations and training its workforce, but has been unable to translate these efforts into improvements in the provision of services across the state. While the state has done a good job in training its workforce, it needs to translate that training into consistently delivering the core services that directly impact vulnerable children.”

To review the monitoring report and information on Children’s Rights’ New Jersey’s campaign, please visit www.childrensrights.org/reform-campaigns/legal-cases/new-jersey/.

As the state faces these challenges, the federal court has approved a strong replacement for one of the two court-appointed monitors to help oversee reforms and report on the state’s performance. Dr. Karen Baynes-Dunning, a former juvenile court judge in Georgia with broad expertise in government and children’s issues, will replace Sarah Morrison, who is resigning at the end of 2012. Dr. Baynes-Dunning is highly qualified and respected nationally, and we know she will bring all of her skills to bear in monitoring the required improvements for abused and neglected kids under the Kenny A. lawsuit. ”

The full text of today’s report and a complete collection of materials related to the Kenny A. reform class action that Children’s Rights filed against the state of Georgia can be found at www.childrensrights.org/reform-campaigns/legal-cases/georgia/.

(Washington, DC) — A report released today says new leadership at the Children and Family Services Agency (CFSA) is moving the District of Columbia’s long-struggling child welfare agency toward the path of reform. The progress report, covering the first half of 2012, is the first to monitor performance under Brenda Donald, the new director of CFSA.

According to the report — an update on court-ordered reforms spurred by the national advocacy organization Children’s Rights — the period was marked by “rapid change,” as Donald implemented new strategies within months of taking office. For example, in an effort to intensively focus on better meeting the needs of older foster youth, she restructured the department charged with providing support to foster kids aging out of the system. The Office of Youth Empowerment is now required to report directly to her and she must personally approve each foster kid’s long-term case plan.

“It is encouraging that the new director is taking concrete steps to address the needs of older foster youth – a group CFSA has ignored for far too long,” said Marcia Robinson Lowry, executive director of Children’s Rights. “The District must apply this renewed focus to other areas where performance has suffered during a period of unstable leadership at the agency.”

CFSA showed new signs of improvement as it met compliance on eleven performance standards for the first time, including:

• Placing kids in the most appropriate, family-like setting, as opposed to large shelters.
• Keeping all children under the age of six out of group-care facilities, unless the child has exceptional needs.
• Caseworkers, supervisors and administrators are fulfilling the required annual in-service training hours — a critical tool to keep CFSA staff informed of policy changes and best practices.

However, the District is still a long way from achieving its goals, as it continues to fall short in critical areas. Most notably:

• Performance on caseload standards dropped significantly during the period. The agency hit a low in February when only 56 percent of investigative workers stayed within case limits — far below the 90 percent benchmark.
• Achieving timely adoptions for foster children declined to 71 percent. The reform plan requires that 80 percent of children with a planned goal of adoption be placed in an approved adoptive home within a nine month timeframe.

While progress has been made, data management continues to be a problem at the child welfare agency, with ongoing concern about CFSA’s ability to produce accurate and timely data.

“While not all problems have been identified or solved, the new leadership at CFSA appears to have solid plans to address the existing problems,” said Lowry. “The test will be whether these plans can be achieved.”

Today’s report was issued by the Center for the Study of Social Policy, the independent monitor appointed by the federal court to track reforms required by LaShawn A. v. Gray, the 1989 federal class action lawsuit brought by Children’s Rights on behalf of thousands of children in the D.C. child welfare system. A reform plan was negotiated between Children’s Rights and defendants and approved by the court in 1993. In the years that followed, the District made only minimal progress , prompting the court to impose a federal takeover of the system’s management in 1995.
The District regained control of the beleaguered agency in 2000 and initially made some improvements, but it remains in violation of the court-ordered reform plan.

To review full text of today’s report and to learn more about the LaShawn A. reform class action, please visit www.childrensrights.org/reform-campaigns/legal-cases/district-of-columbia/.