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Gov. Mary Fallin and top legislative leaders on Thursday suggested revisions to a proposed settlement of a federal class-action lawsuit that accuses the state of failing to protect foster children in its care.
Members of the Contingency Review Board approved the revised agreement after meeting in executive session for nearly four hours over the last two days to discuss a plan to settle the suit filed by New York-based Children's Rights, a national child advocacy group.
The three-member board that consists of Fallin, House Speaker Kris Steele and Senate President Pro Tem Brian Bingman, did not discuss the revisions to the agreement. Children's Rights and the governing board of the Department of Human Services still must approve the changes before it can be submitted to a federal judge for final approval.
"All those terms are confidential at this point because the commission will now have to go back into session ... and vote on the proposed amended settlement," Fallin told reporters after the meeting. "I do think it's in the best benefit of this state, if it's fair to all parties and it's agreed upon, that we take an important step to move forward to get this lawsuit behind us so that we can start with the improvements of taking care of our Department of Human Services and our children in the state of Oklahoma."
But Marcia Robinson Lowry, executive director of Children's Rights, said she's not sure the revisions will be acceptable to both sides and that the case could still be heading for trial.
"I don't know what their changes are, and I do not know if those changes will be acceptable to the plaintiffs," Lowry said in a telephone interview with The Associated Press. "At this point, we are continuing our preparations for trial."
A pretrial hearing in the case is set for Jan. 6, and the trial is scheduled to begin on Feb. 21.
Filed in 2008, the lawsuit accuses DHS of victimizing foster children and inadequately monitoring their safety. It says children in DHS custody are subjected to violence, sexual abuse and neglect at rates more than four times the national norm, and at times rates of abuse and neglect of foster children surpass that for the Oklahoma's general population.
"What we've said all along, and it's not a secret, is that Oklahoma's child welfare system is not one that protects children. There are too few foster homes. The case loads are too high. It's a poorly organized, duplicative and largely dysfunctional system that does not protect children or ensure their well-being. All those things have to change. It cannot continue to do business as usual."
DHS spokeswoman Sheree Powell says the revisions to the settlement likely will be presented to the commissioners next week for approval, but contends the state has a strong defense and "we were ready to go to court in February if need be."
"We know that there is no perfect child welfare system. We're always working to continually improve our system," Powell said. "Some of those things are beyond DHS' control, so we're really looking forward to working with the governor and the Legislature in the future to work on some of those issues — to help reduce caseloads, to help recruit and retain more foster parents, to help actually get more therapeutic homes for children who have endured severe trauma and abuse."
DHS Director Howard Hendrick said the state's legal fees and other costs associated with the case already have topped $7 million. Lowry said the plaintiff's legal fees and costs have not been tallied, but that they have matched all of the state's legal filings in the case and that its legal fees will be "very expensive."
"It will certainly be in the millions and well more, in my view, than it should have been had the case been handled more reasonably," she said.
Members of the Contingency Review Board approved the revised agreement after meeting in executive session for nearly four hours over the last two days to discuss a plan to settle the suit filed by New York-based Children's Rights, a national child advocacy group.
The three-member board that consists of Fallin, House Speaker Kris Steele and Senate President Pro Tem Brian Bingman, did not discuss the revisions to the agreement. Children's Rights and the governing board of the Department of Human Services still must approve the changes before it can be submitted to a federal judge for final approval.
"All those terms are confidential at this point because the commission will now have to go back into session ... and vote on the proposed amended settlement," Fallin told reporters after the meeting. "I do think it's in the best benefit of this state, if it's fair to all parties and it's agreed upon, that we take an important step to move forward to get this lawsuit behind us so that we can start with the improvements of taking care of our Department of Human Services and our children in the state of Oklahoma."
But Marcia Robinson Lowry, executive director of Children's Rights, said she's not sure the revisions will be acceptable to both sides and that the case could still be heading for trial.
"I don't know what their changes are, and I do not know if those changes will be acceptable to the plaintiffs," Lowry said in a telephone interview with The Associated Press. "At this point, we are continuing our preparations for trial."
A pretrial hearing in the case is set for Jan. 6, and the trial is scheduled to begin on Feb. 21.
Filed in 2008, the lawsuit accuses DHS of victimizing foster children and inadequately monitoring their safety. It says children in DHS custody are subjected to violence, sexual abuse and neglect at rates more than four times the national norm, and at times rates of abuse and neglect of foster children surpass that for the Oklahoma's general population.
"What we've said all along, and it's not a secret, is that Oklahoma's child welfare system is not one that protects children. There are too few foster homes. The case loads are too high. It's a poorly organized, duplicative and largely dysfunctional system that does not protect children or ensure their well-being. All those things have to change. It cannot continue to do business as usual."
DHS spokeswoman Sheree Powell says the revisions to the settlement likely will be presented to the commissioners next week for approval, but contends the state has a strong defense and "we were ready to go to court in February if need be."
"We know that there is no perfect child welfare system. We're always working to continually improve our system," Powell said. "Some of those things are beyond DHS' control, so we're really looking forward to working with the governor and the Legislature in the future to work on some of those issues — to help reduce caseloads, to help recruit and retain more foster parents, to help actually get more therapeutic homes for children who have endured severe trauma and abuse."
DHS Director Howard Hendrick said the state's legal fees and other costs associated with the case already have topped $7 million. Lowry said the plaintiff's legal fees and costs have not been tallied, but that they have matched all of the state's legal filings in the case and that its legal fees will be "very expensive."
"It will certainly be in the millions and well more, in my view, than it should have been had the case been handled more reasonably," she said.
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