By Oklahoma Institute for Child Advocacy CEO Joe Dorman
Oklahoma received good news last week: the long-running Pinnacle Plan, a settlement agreement for the class action lawsuit filed against the Department of Human Services, was finalized.
On May 5, 2009, plaintiff children sued state officials alleging policies and procedures adopted by the state subjected foster children to significant, ongoing harm and risk of harm, deprivation of the chance for safe and stable childhoods, and violation of their constitutional and statutory rights.
It was found by the courts in the class action lawsuit that “From FFY 2002 to FFY 2008, DHS’s (Department of Human Services) reported abuse-in-care rate was among the five highest reporting jurisdictions in the country. For every year from federal fiscal year (“FFY”) 2002 through FFY 2010, DHS’s abuse in-care rate has been 1.54 to 3.97 times greater than the federal standard.”
A March 2011 DHS report showed that more than 5,300 children in out-of-home care (68% of the total number of such children) had a primary caseworker whose caseload was greater than 20 children; more than 3,000 children had a primary worker whose caseload was greater than 25 children; and more than 1,200 children had a primary caseworker whose caseload was more than 30 children.
On December 11, 2011, the court granted defendants’ motion for summary judgment on the plaintiffs’ claims for violation of liberty and privacy rights and violation of their procedural due process rights.
The Commission for Human Services met on Jan. 4, 2012, and approved changes made by the Contingency Review Board (CRB) to a settlement agreement, which was first approved on Dec. 20, 2011, by the Commission and Children’s Rights, a child advocacy group representing children in the state’s foster care system in the lawsuit.
As part of this settlement agreement, DHS developed an improvement plan, called the Oklahoma Pinnacle Plan, which guided the agency as it worked to make improvements in the way it cares for children in foster care. As part of the settlement agreement, three out-of-state child welfare experts were named to oversee the development of the child welfare improvement plan and its implementation. Both DHS and Children’s Rights participated in the selection of the panel members. The panel monitored the state’s compliance with the proposed improvements.
Much thanks go to the individuals who worked so hard on this, including Dr. Deb Shropshire who oversaw Child Welfare Services at the time, and the DHS Directors who oversaw this effort. We also cannot forget the countless workers who have helped improve the way in which children receive support. Thanks also go to the lawmakers who were heavily involved then and now to ensure the Pinnacle Plan did not see setbacks, and Gov. Mary Fallin and Gov. Kevin Stitt for demanding that OKDHS budgets not be slashed during tough economic times, which would have certainly delayed this conclusion.
While the plan’s finalization is certainly good news, many of these same circumstances remain as problems. Caseworker loads have improved, but there is still much put upon these individuals to oversee cases throughout the state. Lawmakers should enhance funds to reduce loads and improve preventative resources, so children do not enter the system in the first place.
Rep. Nick Archer, R-Elk City, has written legislation this session to increase traditional foster care daily rates from $17.72 to $22.72, a much-needed bump to address the decline in numbers of families willing to foster and bear increased familial costs. More families are desperately needed to help take in these children.
While we have much good to celebrate, we also must remain steadfast that things do not take a backslide. The Oklahoma Institute for Child Advocacy (OICA) will remain persistent in promoting further positive improvements with our state’s child welfare system.
