Back to Child and Family Services Agency main page
Columns DCWatch
Archives Elections Government and People Budget issues Organizations |
Foster Care: State of the District of Columbias Child Welfare System Reform EffortsStatement of Cynthia M. Fagnoni, Director
|
Date | Court Actions |
6/89 | The American Civil Liberties Union (ACLU) filed a class action suit, LaShawn A. v. Barry, on behalf of neglected and abused children in the District of Columbia. |
4/91 | The U.S. District Court for the District of Columbia issued a memorandum opinion holding that the defendants operated a child welfare system that violated the federal and local statutory rights of all children in the plaintiff class.a |
8/91 | District Court Judge Thomas Hogan signed a final order, jointly developed by the District's Department of Human Services and ACLU. The order set forth specific requirements for the District to improve its child welfare system. |
2/92 | The Court approved an implementation plan developed by CSSP, which had been a appointed as court monitor. |
1/94 | The court approved an MFO. The court monitor subsequently developed a revised implementation plan incorporating the additional activities and require requirements set forth in the MFO. |
8/95 | Because the defendants did not comply with the MFO, the Court issued a general receivership order to ensure full compliance with the order and the implementation plan. |
a. LaShawn A. v. Dixon, 762 F. Supp.
959 (D.C.C. 1991).
Source: District of Columbia Child and Family Services A Agency Strategic Plan 1998-1999.
Requirements that the receiver must address in the MFO encompass the full scope of duties for which the District's Child and Family Services Agency is responsible. 'The District Court required the defendants to comply with all provisions of the MFO by June 1995, with the exception of the computerized information system, which the defendants were to develop by December 1995. The MFO includes many requirements for improving the agency, such as provisions related to intake and assessment of cases; staff caseload standards; the provision of services to children and their families; and the placement of children in foster homes or other facilities. Examples of the more than 100 MFO requirements are shown in the appendix. In addition to meeting the MFO requirements, the receivership must also comply with provisions of the Adoption and Safe Families Act of 1997, which placed additional responsibilities on all child welfare agencies nationwide.4
Many changes to the District's child welfare agency have been put in place that begin to address the deficiencies identified in the MFO. The improvements made by the receiver focus on many important areas, including (1) strategic planning and organizational structure; (2) staff recruitment, training, and working conditions; and (3) initiatives for improving services to children. Some local officials have criticized the receiver's choice of which problems to address first. These officials believed the receiver should have focused more fully on improvements in how families' needs are met. However, child welfare experts acknowledged that currently no recommended approach to reforming child welfare systems exists. Most agree that both improvements to infrastructure and improvements directly related to child protection and service provision need to be addressed.
The court monitor reported in December 1997 that, at the time the District Court appointed the current receiver, the child welfare agency lacked leadership, focus, and lines of accountability. To address these issues, the receiver restructured the organization by placing the functions of the child welfare agency under two units operations and programs each headed by a deputy receiver. The operations unit is responsible for fiscal operations, facilities management, human resources, and child information systems. The programs unit is accountable for intake and family services, permanency and planning, community services, and resource development. Together, the receiver and unit heads developed a mission statement and goals in 1998 for moving the agency forward and produced a comprehensive strategic plan. The strategic plan has recently been updated to reflect progress toward meeting those goals. The receiver's objective for this restructuring and planning effort was to create, among other things, clear lines of responsibility, authority, and accountability for all management, supervisory, and direct service staff.
According to our study on improving organizations' management and performance, the magnitude of challenges that .many organizations face necessitates substantive planning to establish clear goals and objectives for instituting reforms and to define the concrete steps and key milestones the organization will follow to track implementation status and progress.5 Similarly, in developing the child welfare agency's strategic plan, the receiver identified specific milestones, completion dates, and expected outcomes for each goal, with links to specific MFO requirements. These actions represent initial steps in establishing the requisite managerial and planning frameworks for improving the child welfare system.
Of critical importance in supporting agency strategic planning and MFO compliance efforts is the development and implementation in October 1999 of the FACES6 information system, designed to provide the agency with timely and reliable information on the children and families in its care. To ensure that the information system functions as intended and provides the necessary data for workers to assess families' situations over time, information on children's history-such as the date they entered foster care, prior incidences of abuse or neglect, and the number of placements a child has had still needs to be added.
The District Court reported in 1991 that staff caseloads consistently exceeded reasonable professional standards and prevented the agency from carrying out its responsibilities under federal and district law, in part because of staff shortages. Recent reports by the court monitor confirm that staff shortages continue. Compounding this shortage of staff is the MFO requirement that all social workers have a Master of Social Work (MSW) degree. According to the monitor's reports, a general shortage of MSW applicants exists. To increase the number of qualified staff to a level that meets required caseload ratios,7 the receiver has acted on two fronts. The receiver identified the types of agency work that could be done by staff who have degrees such as Bachelor of Social Work, and will provide a justification to the U.S. District Court for approval to hire such staff. Also, to shorten recruitment and hiring time frames, the receiver obtained authority from the Office of the Mayor to directly process incoming personnel. According to the receiver, 10 anticipated new hires will lower the number of vacancies from 61 to 51. Given the number of employment applications received, the receiver believes the agency will be fully staffed by June 2000.
The District Court's concerns over the availability and adequacy of staff training led to an MFO provision requiring the agency to (1) develop a full-time unit to provide staff comprehensive child welfare training, (2) provide new hires a minimum of 80 hours of classroom and 80 hours of field preservice training, and (3) provide all social workers a minimum of 40 hours in-service training each calendar year. To meet these requirements, the receiver established a training project operated for the agency by Virginia Commonwealth University in association with Howard and Catholic Universities. In January 1999, the project began offering courses covering a variety of topics such as special needs adoption, coping with grief and loss, and family violence. As of September 1999, the receiver reported that 734 staff had been trained, and the court monitor reported in March 2000 that many more staff now. have access to training on an ongoing basis.
Although the MFO does not specifically require improvements in staff working conditions, the receiver and her management team identified poor working conditions as a major issue affecting the delivery of services to children. The receiver's strategic plan stated that staff were housed in seven separate locations, many of them in unsafe and unsanitary conditions, and lacked the basic tools to accomplish their work. To address these issues, the receiver consolidated all staff in one facility in February 2000. This building accommodates all the equipment and telecommunication needs of the agency and places staff nearer the Court and subway lines. In addition, to accommodate the growing demand for transportation services, the receiver restructured the agency's in-house transportation system by revising the shuttle service and replacing an unsafe van. The receiver believes these changes will (1) improve communications, coordination, and efficiencies among staff; (2) increase management and supervisory control; and (3) increase productivity.
The MFO contains many requirements related to improving services to children, such as requirements related to (1) intake and investigation services, (2) health care services provided to children in foster care, (3) community-based services to help prevent children from entering the child welfare system, (4) foster care placement services, and (5) permanency planning services to ensure children's time in out-of-home care is as short as possible. Examples of these requirements and the actions the receiver has taken to address the issues follow:
Although progress has been made in complying with the WFO, further movement toward meeting these requirements depends upon the District's ability to create an environment for additional reforms to occur. While the problems of the District's child welfare system are formidable, they are similar to those faced by other jurisdictions around the country. Our previous work found that effective working relationships among key child welfare system stakeholders who play a role in keeping children safe are essential to successful reform efforts.l2 District of Columbia officials and child welfare experts familiar with the District agree that this collaboration is key to protecting children and is not fully developed in the District. Some jurisdictions have fostered this collaboration by creating multidisciplinary advisory groups that work to resolve turf battles and dispel mistrust, or by pooling or blending funds from various state and federal sources to gain leverage in obtaining needed resources. Other jurisdictions have built partnerships at the decisionmaking level for individual cases.
In order to function effectively, child welfare agencies need a rich array of services to meet the needs of abused and neglected children and their families. Rarely, however, does a single state or local agency have control over acquiring all the needed services. Many needed services, such as mental health care and drug treatment, are outside the control of the child welfare agency. Therefore, strong collaboration among all stakeholders who play a role in helping children and families, such as private provider agencies, neighborhood collaboratives, the police department, local government leaders, substance abuse and mental health agencies, and agency legal counsel, is essential to obtaining the necessary services. Although stakeholders in the District have taken initial steps to work together in limited areas-such as in developing procedures for implementing ASFA and building partnerships with the Healthy Families/Thriving Communities Collaboratives -- District executive branch officials indicated that cooperative working relationships still do not fully exist. For example, a 1999 report to the District's Mayor stated that the child welfare agency existed as an independent entity, lacking functional, symbiotic relationships with critical executive branch agencies such as the Department of Health, Fire and Medical Emergency Services, District public schools, and the Office of Corporation Counsel.13,14
The lack of these relationships impedes the agency's efforts to conduct its work efficiently. For instance, the Health Department has responsibility for issuing licenses to enable families to house and care for foster children. But because of the Health Department's inadequacies-such as low staffing and funding levels-and its perception that it did not have to coordinate with the receivership, it placed low priority on approving foster home applications. Similarly, the 1999 report to the Mayor stated that the Department of Human Services, which formerly administered the child welfare agency, does not have a relationship with the agency that sufficiently allows for resource sharing. For example, no formal relationship exists to encourage the ongoing transfer of resources, such as Temporary Assistance for Needy Families (TANF) assistance and child care resources, that would benefit the agency's operation.15 The report's authors believed that the independence of the receivership affects the way in which these agencies work together.
Our previous work shows that collaborative approaches can occur on two levels-some focus on integrating the key child welfare system participants to develop joint solutions to crosscutting problems and others focus on building collaboration in making decisions on individual child welfare cases. These approaches may provide important illustrations of ways the District can further improve its child welfare system. For example, jurisdictions in five states-California, Florida, Illinois, North Carolina, and Ohio-convened multidisciplinary advisory committees to (1) work on resolving turf battles, (2) dispel the mistrust among system participants, and (3) develop and implement reforms. Committees were typically composed of representatives from key groups, such as child welfare agencies, attorneys, judges, court-appointed special advocates,16 and other advocates. For example, Cook County, Illinois, established a Child Protection Advisory Group composed of 32 individuals representing all offices of the court, the child welfare agency, private social service agencies, legal service providers, advocacy groups, and universities. The group is divided into subcommittees that focus on various issues, such as alternatives to court intervention, making decisions in the best interests of the child, and terminating parental rights.
Other jurisdictions across the country have taken a different approach to building collaboration by pooling or blending funds to obtain the needed services. For example, Boulder County, Colorado, pooled its child welfare allocation from the state with funding from the mental health agency and the youth corrections agency to provide joint programming and placement decisionmaking for adolescents in need of out-of-home care in group or residential settings. Similarly, the Wraparound Milwaukee program in Wisconsin blended Medicaid, child welfare, and federal grant funds into a single buying pool to purchase individualized, family-based services to help children placed in residential treatment centers return to their families, foster homes, or other living arrangements in the community.17 The Annie E. Casey Foundation recently reported on the experiences of Scott County, Iowa, where an underlying cause of the child welfare crisis was the state's inflexible and uncoordinated system of services for troubled children and their families.18 In response, a pilot project in Scott County combined several separate state and state/federal funding sources into a single, locally controlled fund. According to the report, this process encouraged the local development of a full range of preventive and treatment services and allowed communities to experiment and innovate. The pilot has since spread to 98 of Iowa's 99 counties, and results were measurable. For example, statewide results include a 21 percent decline in out-of-home placements between 1994 and 1998 and a system-wide shift in child welfare spending, such as a 30-percentage-point increase in spending for in-home services.
Other collaborative efforts focused on improving decision-making on individual cases, intervening at key points to gather and share comprehensive information among participants. For example, Day One Conferences in North Carolina's District 20 are held on the first business day after a child is taken into custody by the child welfare agency. In attendance are the parents, child welfare caseworkers, guardians ad litem,l9 public and mental health liaisons, attorneys, public education liaisons, child support liaisons, and law enforcement officers. These meetings provide a forum to arrange services for the family immediately and provide an opportunity to reach agreement on many aspects of the case outside the courtroom, thus reducing the number of times a case is continued in court.
The receiver has been tasked by the District Court to correct the numerous deficiencies outlined in the MFO. However, responsibility for the safety and well-being of the District's children cannot rest solely on an overwhelmed child welfare agency. While progress has been made in addressing certain deficiencies in the agency's infrastructure, improving the child welfare system in the longer term requires a concerted and sustained collaborative effort by all organizations that have a role in protecting and serving the needs of children. Because the receivership is intended to be a temporary vehicle for correcting specific problems in the agency, the Court and the District will at some point need to determine when the receivership should end and governance of the child welfare agency should transfer back to local government. However, unless collaboration among all key stakeholders is embedded in each organization's day-to-day operations, the long-standing cycle of organizational divisiveness will continue to threaten attempts to successfully reform the child welfare system and hinder the ability of the District to keep children safe.
Mr. Chairman, this concludes my prepared statement. I would be pleased to respond to any questions that you or other Members of the Subcommittee may have.
For further contacts regarding this testimony, please call Cynthia M. Fagnoni at (202) 512-7215. Individuals making key contributions to this testimony included Clarita Mrena, Diana Pietrowiak, and Mark Ward.
Categories of requirements | Selected examples of required action |
Named plaintiffs |
|
Protective services |
|
Services to children and families |
|
Placement, supervision, and review of children in foster care |
|
Adoption |
|
Caseloads, staffing, and training |
|
Resource development and contract review |
|
Information system |
|
Financial development |
|
Special corrective action |
|
Source: LaShawn A. v. Dixon, Modified Final Order (Nov. 18, 1993).
Foster Care: States' Early Experiences Implementing the Adoption and Safe Families Act (GAO/HEHS-00-1, Dec. 22, 1999).
Foster Care: HHS Could Better Facilitate the Interjurisdictional Adoption Process (GAO/HEHS-00-12, Nov. 19, 1999).
Management Reform: Elements of Successful Improvement Initiatives (GAO/T-GGD-00-26, October 15. 1999).
Juvenile Courts: Reforms Aim to Better Serve Maltreated Children (GAO/HEHS-99-13, Jan. 11, 1999).
Child Welfare: Early Experiences Implementing a Managed Care Approach (GAO/HEHS-99-8, Oct. 21, 1998).
Foster Care: Agencies Face Challenges Securing Stable Homes for Children of Substance Abusers (GAO/HEHS-98-182, Sept. 30, 1998).
Child Protective Services: Complex Challenges Require New Strategies (GAO/HEHS-97-115, July 21, 1997).
Child Welfare: States' Progress in Implementing Family Preservation and Support Services (GAO/HEHS-97-34, Feb. 18, 1997).
Child Welfare: Opportunities to Further Enhance Family Preservation and Support Activities (GAO/HEHS-95-112, June 15, 1995).
1. The Court approved a final order in 1991
and subsequently approved an MFO in 1994 incorporating additional activities and
requirements.
2. A receivership is an arrangement whereby a court appoints a person to
temporarily manage, in this case, a local agency, with broad authority to ensure full
compliance with the court order in an expeditious manner.
3. The class action named seven children as plaintiffs on behalf of the
class. The defendants, who were sued in their official capacities, were the Mayor of the
District, the Director of the Department of Human Services, the Commissioner of Social
Services, the Acting Administrator of the Family Services Administration, and the Chief of
the Child and Family Services Division.
4. For example, the act requires states to file a court petition to
terminate the parental rights of the child's parents if the child has been in foster care
for 15 of the most recent 22 months, and to hold a permanency planning hearing no later
than 12 months after the child is considered to have entered foster care.
5. Management Reform: Elements of Successful Improvement Initiatives
(GAO/T-GGD-00-26, Oct. 15, 1999).
6. An agencywide contest provided the name for the new information system.
7. The caseload ratios required by the MFO vary by the type of work the
staff are conducting. For example, the ratio of caseloads to staff conducting
investigations is 12 to 1, the ratio of foster children with special needs to staff is 12
to 1, and the ratio of all other foster children to staff is 20 to 1. The MFO also
outlined ratios for other categories of workers.
8. CSSP, LaShawn A. v. Barry, Progress Report as of December 31, 1998
(Mar. 11, 1999).
9. Children with special needs, who would not ordinarily be placed in
traditional family foster care, may be placed in a therapeutic family foster home as an
alternative to group care or residential treatment.
10. ASTA requires states and localities to file a court petition to
terminate the parental rights of the child's parents if the child has been in foster care
for 15 of the most recent 22 months, and to hold a permanency planning hearing no later
than 12 months after the child is considered to have entered foster care. ASFA changed the
definition of when a child is considered to have entered foster care from that of previous
laws. A child is considered to have entered care the earlier of (1) the date of the first
judicial finding that the child has been subjected to abuse or neglect or (2) 60 days
after the date on which the child is removed from the home.
11. When a continuance is granted by the
judge, the case is rescheduled for another day.
12. Juvenile Courts: Reforms Aim to Better Serve Maltreated Children
(GAO/HEHS-99-13, Jan. 11, 1999).
13. The Office of the Corporation Counsel's Family Services Division
prosecutes civil child abuse and neglect, termination of parental rights, and adult
protective services cases for the District of Columbia.
14. Caroline N. Graham and Kennedy S. Khabo, Report to Anthony A.
Williams, Mayor, The District of Columbia Safe Passages to Permanency Initiative (Oct.
1999).
15. TANF is a block grant for
state-designed programs that provide time-limited aid to families with children, such as
employment assistance and child care. For example, TANF allows states to operate programs
designed to aid needy families so that children may be cared for in their homes or the
homes of relatives.
16. Court-appointed special advocates, usually volunteers, are trained to
provide assistance to the court and to oversee a child's case.
17. The county child welfare agency and
the state health care financing agency each agreed to pay a specific monthly rate for
services to children. These funds were pooled with a federal grant to pay the costs of
residential treatment, group and foster care, and all other services except physical
health care.
18. The Annie E. Casey Foundation, Decat in the Hat: Iowa's Successful
First Step Toward Devolving Resources. Responsibility, and Accountability for Child and
Family Outcomes (Spring 1999), http://www.aecf.orglpubhcations/advocasey/decat/index.htm
(cited Mar. 17, 2000).
19. Guardians ad litem are attorneys or trained volunteers who represent
the child in court, investigate the case, and monitor case progress.
Send mail with questions or comments to webmaster@dcwatch.com
Web site copyright ©DCWatch (ISSN 1546-4296)