Policy Update

House Debates Settlement in Child Welfare Case

8/01/2005
The House Children and Youth Committee, under the leadership of Rep. Judy Manning (R-Cobb), met this afternoon to get a briefing on the proposed settlement of the Kenny A. case relating to the child welfare system and foster care in Georgia. 

Reps. Jay Neal, Kathy Ashe, Mary Margaret Oliver, Rich Golick, Fran Millar, Shelia Jones, Terry Johnson, Virgil Fludd, Charlice Byrd, and Alisha Thomas Morgan listened and later questioned plaintiffs’ attorney Jeff Bramlett and Commissioner B. J. Walker regarding details of the settlement proposal.
 
This lawsuit involving the protection and treatment of children in the State’s custody was initiated in June 2002 through an action brought by the Children’s Rights Group (which nationally has brought more than twenty-five cases suing cities, counties, and states’ governments) against the Department of Human Resources (“DHR”).  The lawsuit focused on Fulton and DeKalb County children. 

In August 2003, class action status was granted to the plaintiffs, represented by the law firm of Bondurant, Mixon and Elmore.  On February 14, 2005, the case was set for trial.  With delays, the trial date was moved.  On July 5, 2005, the State and Plaintiffs reached a proposed settlement.  From now until September 1, 2005, the Court will take written comments concerning this settlement proposal. 

A hearing in federal court will be held on September 21, 2005 on the finalization of the settlement.  There are currently 15,730 children in State placements; approximately 3,000 of those children are from Fulton and DeKalb Counties.
 
Jeff Bramlett commented that he was most impressed by the community of advocates who advocated on behalf of children.  However, with limited, finite resources there was a problem where children were not receiving the needed financial resources. 

He also gave credit to Governor Perdue and Commissioner Walker in finding a solution to a long-time problem.  Since the filing of this lawsuit, there have been three Department of Human Resources’ Commissioners and four heads of the Division of Family and Children’s Services. 

This lack of continuity of leadership within the State has also been a problem.  Mr. Bramlett indicated that the settlement proposal was based on outcomes’ measurements: adequate case workers with support, keeping children in stable relationships, and determining what is best for Georgia children and their families are essential.  Mr. Bramlett urged everyone to look closely at the settlement proposal to determine if they think it is a fair proposal.
 
Commissioner Walker talked at length about the settlement proposal.  She indicated that she and Division of Family and Children’s Services’ Interim Director, Steve Love, had labored over the document.  She stated that it was their intent to negotiate what makes best sense for Georgia and she was not a “one size fits all” type of individual. 

It is a good agreement based upon outcomes with process and operations’ goals included in the document.  While the settlement is good, it is not a “silver bullet.”   Commissioner Walker explained that they looked at compliance versus continuous improvement.  She noted that the State could not operate a child welfare system on a “compliance model,” which basically follows strict rules and procedures. 

Each case worker must sift through evidence on each child and make a judgment on what is going on with that individual child.  Thus, this system must be continuous and changing.
 
The one positive thing about the settlement proposal, according to the Commissioner, is that it takes the pending lawsuit off the table.  The settlement deals solely with children in the State’s custody in Fulton and DeKalb Counties.  However, there are 157 other counties with similar issues.
 
The “G-9” process will be incorporated into the settlement.  There will be an accountability team who will report to the Court on the progress made on the outcomes.  This team will be lead by Jim Devis, with the Casey Foundation, and Sara Morrison a social worker.  They will work along side with the University of Chicago and Georgia State University on monitoring and analyzing the outcomes data. 

At the end of the consent decree (which will remain in place for 18 months), Georgia State University will have the data.  There are 31 measurable outcomes to be reviewed.  The risk assessment plan is modeled on a Texas plan.  DHR will have to make assessments “at the front door” and determine if each child must have an investigation.  There are other issues as well – such as which children can be adopted?
 
Legislators raised a number of questions such as additional budget dollars needed in order to make this outcomes research and settlement work.  Rep. Millar likened it to the situation with education funding – what is needed and will it be enough?  Will the automated information system work?  Will that system reduce case load of workers?  Will there be more training for workers?  What types of health services for children are needed?  Will rates for foster parents need to be addressed? 
 
The SACWIS project is also underway which will provide the Department with the necessary computerized tracking.  Commissioner Walker also indicated that she and her staff were working with the $1.2 billion dollars that the Department has; however, she and her staff have “reshuffled” money in the current Budget to meet promises of this consent decree proposal.
 
There were additional questions on which children were in the “class?”  There is a legal definition of the “class” in the document but it is basically those children currently in the State’s custody.
 
Other questions were whether a G-9 caseworker was consulted about the contents of the consent decree. No caseworker, per Commissioner Walker, was consulted about the settlement.
 
Rep. Walker queried whether there were accurate data collection efforts and also whether there would be a conflict with Mr. Devis working as an accountability team member when he currently works with the Department (on loan from the Casey Foundation) as a consultant. 

Both Commissioner Walker and Mr. Bramlett stated that there were checks and balances in the settlement proposal; the judge would also review the data to determine if the State was in compliance with the terms of the consent decree.
 
Commissioner Walker hopes to reach the performance indicators within two years time.  She is also actively searching for a permanent Director for the Division of Family and Children’s Services.
 
Governor Perdue will meet on Tuesday with House Appropriations Committee Chairman Ben Harbin and the House Appropriations’ Health Subcommittee Chairman Jeff Brown to discuss the Department of Human Resources’ issues.  Departments are to have their Budget proposals for FY 2007 to the Governor by September 1, 2005.