DHS responds to latest report from monitors overseeing foster care reforms

​DHS Director strongly objects to the assessment, questions monitors' commitment and engagement with system

Oklahoma City—The Oklahoma Department of Human Services (DHS) is objecting, for the record, to aspects of the latest report from monitors overseeing its efforts to reform the state's foster care system.  DHS is also asking for assurances from the monitors of their commitment to their roles due to their demonstrated retreat from and lessening engagement with Oklahoma's system.

The three out-of-state child welfare experts, referred to as "co-neutrals", issue reports every six months on DHS' progress and determine whether the agency has made "good faith efforts" to make improvements in the state's foster care system.

"We are strongly objecting to a dismaying number of aspects of this report," said Ed Lake, DHS Director. "We believe this report contains a number of misleading comments, isolated facts stated without important context, hindsight bias, and inconsistencies with prior reports, all seemingly intended to portray the agency's actions or alleged inaction in as unfavorable a light as possible. Even more troubling and of greater importance is the omission of significant, intensive good faith efforts the Department has made and continues to make in all areas."

In this latest report covering the Department's efforts through December 31, 2017, the co-neutrals have held back and even reversed previous "good faith" findings in several areas, despite volumes of evidence provided from DHS to the contrary.  This is a surprising reversal from their last report, released in January, in which the co-neutrals praised DHS for having made "discernible progress" and gave the agency the most good faith ratings up to that point in its reform efforts.

 "The co-neutrals now appear to be crafting a narrative that is at odds with the actual efforts of the agency and, at times, directly conflicts with their previous good faith findings," said Lake. "We do not believe full and fair assessments of our good faith efforts can be made from a distance or through the extensive use of their subordinate staff."

By design, Oklahoma's settlement agreement requires the co-neutrals to view DHS' progress through the measurement of good faith efforts which do not necessarily correlate to attaining the 31 target goals and metrics.  This has been evident in previous reports where the agency received "good faith" findings even though the metrics may not have been achieved. 

Kent Meyers, an attorney with Crowe and Dunlevy and one of the principal authors of the settlement agreement, said it is unquestioned the agreement approved by the court is subject to a "good faith" measurement standard.

"Good faith means what it says.  Is the department doing the very best job it can under all the circumstances to carry out the requirements of the Compromise and Settlement Agreement?  If it is, it is in "good faith" compliance with the agreement," said Meyers.

The co-neutrals are also to provide guidance and technical assistance to DHS in achieving various goals.  All of these activities require good working relationships, constant contact and communication which have been lacking for the past year. 

 "From day one, our agency has made these reform efforts a priority, even to the detriment of other programs during our state's financial crisis.  Our ongoing efforts have not only continued, but we have put forth even more new ideas and efforts to make comprehensive improvements in this system.  We will continue to make every effort to improve our ever-evolving system" said Lake.

Dr. Page Walley, a nationally recognized leader in children and family services and former commissioner in two states that successfully exited similar lawsuit agreements, said what Oklahoma is now experiencing is similar to what many other states experience.

"Nationally, very few states have been able to successfully exit their lawsuit agreements and decrees.  The reason is a very predictable dynamic.  As states move closer to meeting requirements of their agreements or consent decrees, the plaintiffs and monitors often move the bar out of concerns about the state's ability to maintain the gains that have been achieved.  Outcomes begin to change and monitors can often turn their focus to issues that were not part of the original agreement but reflect additional concerns that may have emerged," said Walley.  "During long-standing settlement agreements where states are doing a good job complying, we often see a relaxation of oversight and a deferral by monitors to their subordinates to continue to track progress."

Walley noted there are common characteristics which are indicative of a well-functioning child welfare system which include: reducing the numbers of children in state care; ensuring children do not experience repeat abuse or a return to foster care; an increase in resources which can include needed foster homes; a stable workforce; and, a strong quality assurance system.  Dr. Page Walley is a licensed clinical psychologist, a former Tennessee state legislator and chair of the House Child Welfare reform committee, and served as commissioner in both Tennessee and Alabama Children and Family Services agencies.He oversaw both states' compliance with their lawsuits and the successful exit of Alabama's monitoring.Walley has worked for the past 10 years in the non-profit sector in national child welfare reforms and best practices.

"I have been in a unique position in the Legislature for more than six years to be involved in and oversee the reforms taking place at DHS," said Representative Pat Ownbey. "The child welfare system today is light years ahead of where it was in 2012 when the improvement efforts began. Director Lake and his team have put forth tremendous efforts, ensuring our state's investment will benefit children and families for generations to come.  While there is still work to be done, the reality is there always will be because these systems continually change.  I believe DHS should be commended for how far they have come and what they've accomplished."  Rep. Pat Ownbey, (R) Ardmore, served as a member of the House DHS work group from 2010-2012.He also served as Chair of the House Human Services Appropriations and Budget subcommittee for the last five years.

"I have worked with DHS for nearly 15 years during my time in the Senate and as a service provider before being elected," said Senator AJ Griffin.  "During that time I have been very involved in the tremendous efforts to improve the state's foster care system. It has taken the collaboration of the governor, the state Legislature, DHS and community partners, along with targeted appropriations and changes to policy and state statutes to achieve many of these improvements. We are beginning to see the impacts of this hard work. Director Lake and the thousands of dedicated child welfare staff are to be commended for their efforts and the resulting improvements, many of which are garnering national recognition. Oklahomans should be proud of the investment they have made into the child welfare system and continue to support DHS as it continues this critical work with children and families. " Sen. AJ Griffin (R) Guthrie has been in the state senate for six years and has served on the Senate Human Services Appropriations and Budget subcommittee which oversees funding to DHS. Prior to her service in the legislature, she was a foster parent and director of a Youth Services Agency. 

About the Pinnacle Plan – Foster Care Reform Success

In January 2012, the Oklahoma Department of Human Services settled a class-action lawsuit filed against its foster care system by a child advocacy group.  As a result of this settlement DHS created, and in 2013 implemented, the Oklahoma Pinnacle Plan which was a detailed plan to improve the foster care system.  Funding for the improvements over the past six fiscal years includes more than $119.4 million earmarked appropriations plus more than $170.3 million DHS has redirected internally to Child Welfare Services.

Since 2012, progress and achievements to date include:

• DHS has added more than 840 new case workers and supervisors to the child welfare workforce, workers being paid 33 percent more due to funding for raises.  This has resulted in lower caseloads and less turnover of frontline workers. 
• More than 11,500 children have been adopted from the foster care system and more than 15,000 have been successfully reunited with their families.  Once families are reunited, very few experience repeat issues with abuse or neglect requiring children to come back into care.     
• DHS and its contract partners have recruited and approved more than 4,200 new foster families, the highest increase in the number of foster homes of any state in the nation. 
• The use of emergency children's shelters has been significantly reduced statewide by 63 percent since the Pinnacle Plan was implemented, and shelter use completely eliminated for children birth through one year of age since SFY 2016. DHS has closed both of its state-run shelters and partners with locally-run Youth Services shelters when needed.   
• DHS has invested in more home-based services to keep many children safe with their families and avoid removals. These same services help families with children in state custody to be reunited much faster. These efforts, along with adoptions, have reduced the overall number of children in state custody from a high of 11,298 in October 2014 to 8,294 children today.
• DHS has increased public-private partnerships to fund and support services the agency could not offer on its own or with limited state appropriations. 

The experiences of Oklahoma children suffering from abuse or neglect are very different today thanks to the success of these reforms:

92 percent of children in DHS custody are placed with families

• Children are more likely to be able to safely remain in their own homes while their families get the help they need.
• Children first entering foster care are more likely to be placed with a family rather than in an emergency shelter.
• Children entering foster care are more likely to be placed with their own families or with someone they know. 
• Children are less likely to experience multiple moves while in care.
• Children are less likely to age out of foster care without legal permanency like adoption or guardianship. 
• After reunification with their families, children are less likely to reenter foster care. 

(Data can be provided upon request for each of these bulleted points)

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