Lawsuit may force reforms to Michigan foster care system

Lawsuit may force reforms to Michigan foster care system

2/17/2008, 8:38 a.m. ET

By DAVID EGGERT

The Associated Press

http://www.mlive.com/newsflash/michigan/index.ssf?/base/news-51/1203255844229950.xml&storylist=newsmichigan

LANSING, Mich. (AP) — A federal class-action lawsuit nearing trial may

spell trouble for the state agency responsible for protecting 19,000

abused or neglected children in Michigan.

An independent, court-ordered study shows a foster care system riddled

with failures, one so understaffed that a number of children are not

getting routine medical and dental exams — or worse.

"The system is so fundamentally broken that children are dying," said

Sara Bartosz, an attorney with Children's Rights, a New York-based

advocacy group that in 2006 sued the state on behalf of thousands of

children in state custody.

Settlement talks recently restarted, a sign that both sides want to

avoid the trial set for June in Detroit. Negotiations had stopped last

year when the Michigan Department of Human Services said it had no money

to enact reforms.

The case is heating up. Two dozen DHS managers and supervisors spent

countless hours giving depositions in the fall. And Children's Rights in

recent weeks made public two scathing reports by expert witnesses it

will use if there is a trial.

One expert who reviewed the deaths of five foster children concluded

that abused and neglected children are far too likely to be no safer in

foster care. John Goad, former director of child protective services in

Illinois, found serious shortcomings in how DHS is structured and managed.

Even if those problems and others did not exist, Goad said, not having

"nearly enough" caseworkers by itself is rendering the department

incapable of protecting children.

The state dismissed the findings as one-sided and said it would conduct

its own reports.

"These reports that were authored by third parties selected and paid by

Children's Rights lack balance, overstate and generalize findings from a

biased, non-representative sample of cases to support the Children's

Rights agenda," DHS spokeswoman Maureen Sorbet said in a written statement.

She said the department's primary focus continues to be fundamental

reform of child welfare services.

The state is trying to improve, hiring nearly 200 more foster care

workers this budget year and boosting rates paid to private agencies

that care for abused, neglected or delinquent children. The next budget

proposed by Gov. Jennifer Granholm would continue funding the extra

workers and higher payments.

But it may not be enough. If the state loses the lawsuit and the foster

care system is placed under federal oversight, it could cost taxpayers

hundreds of millions of dollars.

"I appreciate the budget the governor has proposed, but I don't think

it's going to go far enough to mitigate the lawsuit," said Jack Kresnak,

president of Michigan's Children, an advocacy group in Lansing. "This is

a serious situation and we could find ourselves on the wrong end of a

judgment here that will hurt our state."

Kresnak said the state has been doing a good job making changes since

the high-profile 2005 murder of 7-year-old Ricky Holland, of

Williamston, at the hands of his foster-turned-adoptive parents, which

outraged the public.

Kresnak said nobody wants the state under a federal consent decree and

estimated Michigan could avoid that by spending an extra $130 million to

$150 million on child welfare in the fiscal year that starts Oct. 1. A

loss at trial may "blow a $400 million hole in the state budget," he

said. "We've got to be a little flexible."

Lawmakers are watching the suit. The House plans a hearing to discuss a

statistical analysis of state foster care cases by the Children's

Research Center, a Madison, Wis.-based nonprofit. The report ordered by

U.S. District Judge Nancy Edmunds found that caseworkers did not make

face-to-face visits with children and failed to conduct background

checks before placing children with relatives.

Other problems included delays in adoption referrals, and children not

getting medical, dental and psychological exams.

In separate reports, Children's Rights experts blamed turnover in DHS

management — starting at the top. Among the rank and file, the report

noted the number of workers taking early retirement offers in the late

1990s, hiring freezes due to budget constraints and rising turnover

rates, all coinciding with a four-year period in which the total foster

care population was on the rise in many parts of Michigan.

In Oakland County, for instance, the foster care caseload jumped by more

than 60 percent between 2003 and 2007 while staff increased about 20

percent.

The generally accepted standard caseload is between 12 and 15 per worker

for foster care. But many workers carry more than 30 cases.

"Clearly, we should be concerned about the caseload level and how that

affects the safety of children in care," said Rep. Dudley Spade,

D-Tipton, who chairs the House Human Services Appropriations Subcommittee.

Spade said the state has started to spend more on foster care but more

must be done, especially when state funding is being fought for by

schools, universities, prisons and others.

"One of the struggles we've had for years is there aren't powerful

lobbyists out there. Kids can't hire lobbyists. Sadly, you can look back

over time and see how the budget has suffered."

___

David Eggert can be reached at deggert(at)ap.org

___

On the Net:

Children's Rights: http://www.childrensrights.org

Michigan Department of Human Services: http://www.michigan.gov/dhs

Read the Children's Research Center report:

http://www.childrensrights.org/pdfs/MI%20CRR%202.5.08.pdf

Read review by Children's right expert:

http://www.childrensrights.org/pdfs/Goad%202.11.08%20FINAL.pdf

CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CONSTITUTIONALLY

GUARANTEED LIBERTIES & CIVIL RIGHTS ON A DAILY BASIS THEN ALL OTHER

AGENCIES COMBINED INCLUDING THE NATIONAL SECURITY AGENCY/CENTRAL

INTELLIGENCE AGENCY WIRETAPPING PROGRAMS....

CPS Does not protect children...

It is sickening how many children are subject to abuse, neglect and even

killed at the hands of Child Protective Services.

every parent should read the free handbook from

connecticut dcf watch..

http://www.connecticutdcfwatch.com

Number of Cases per 100,000 children in the US

These numbers come from The National Center on

Child Abuse and Neglect in Washington. (NCCAN)

Recent numbers have increased significantly for CPS

Perpetrators of Maltreatment

Physical Abuse CPS 160, Parents 59

Sexual Abuse CPS 112, Parents 13

Neglect CPS 410, Parents 241

Medical Neglect CPS 14 Parents 12

Fatalities CPS 6.4, Parents 1.5

Imagine that, 6.4 children die at the hands of the very agencies that

are supposed to protect them and only 1.5 at the hands of parents per

100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse

and kills more children then parents in the United States. If the

citizens of this country hold CPS to the same standards that they hold

parents too. No judge should ever put another child in the hands of ANY

government agency because CPS nationwide is guilty of more harm and

death than any human being combined. CPS nationwide is guilty of more

human rights violations and deaths of children then the homes from which

they were removed. When are the judges going to wake up and see that

they are sending children to their death and a life of abuse when

children are removed from safe homes based on the mere opinion of a

bunch of social workers.

CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT

FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...

BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF

REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES

TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY

ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...