But, the Children's Right litigation never addressed the Michigan Children's Institute (MCI) or the questionable contract activities of child welfare services.
So, as the initial complaint only addressed the abuse and neglect of children in foster care, it never addressed the filing of false claims.
Children's Rights has matured as an advocacy organization but has so much potential for growth. I would love to see a secondary division addressing Medicaid fraud in child welfare and fraud in all other child welfare programming of the States.
Here is a link to the most recent Michigan Auditor General's Performance Report on Federally mandated services for "reasonable efforts" to prevent the removal of children into foster care.
Needless to say, the State did not fare very well considering the fact that child welfare services handbook or training policies have not been updated since 1999.
Court of Appeals has yet to render a decision on revocation of MCI guardianship rights over relative placement. More to come as we await for a ruling of the Michigan Supreme Court. Here is the docket.
Fourth report measuring state's progress under Child Welfare Settlement submitted to federal court
The Michigan Department of Human Services (DHS) has received the latest in a series of monitoring reports as part of its modified settlement agreement (MSA) with Children's Rights, Inc.
The latest report, filed with the U.S. District Court for the Eastern District of Michigan, is the fourth monitoring report of the MSA, which was first implemented in 2011. It was presented March 10 in a public hearing before Judge Nancy Edmunds.
The report covers the monitoring period that occurred approximately one year ago, from Jan. 1- June 30, 2013.
This latest submission from the federal monitors once again reflects many of the department's key initiatives and improvements, progress that will eventually lead to DHS moving back to state - rather than federal - child welfare oversight.
After hearing from DHS, the plaintiffs' attorney and the federal monitors, Edmunds said, "It's clear that we are in a hugely better place than we were back in 2008 at DHS. Director Corrigan has done a phenomenal job in so many areas."
For MSA reporting period 4, monitors noted the following positive outcomes related to the MSA:
* New Staff Qualifications and Training: Since the new DHS leadership team took the reins in 2011, staff hiring and training initiatives have been strengthened and the department has ensured that its new staff is appropriately qualified and trained timely.
* Caseloads: The attention paid by DHS leadership to improved hiring, training and case allocation has led to significantly smaller caseloads for most child welfare staff across Michigan, including Children's Protective Services (CPS) investigators, CPS ongoing staff, foster care staff and child welfare supervisors.
* Post-Adoption Services and Support to Children and Families: At the outset of this reform effort, DHS had a very thin - and often nonexistent - set of supports available for adoptive children and families. Now, DHS reports that 922 adoptive families throughout Michigan received services from the post-adoption resource centers during MSA Period 4.
* Centralized Intake: DHS has built and staffed a statewide child abuse and neglect Centralized Intake system to improve service and consistency with the reporting and assignment for investigation of abuse/neglect complaints across Michigan.
* Guardianship for Children: Over the past three years, DHS has bolstered its juvenile guardianship practice. DHS agreed to finalize 165 juvenile guardianships during 2013. At the conclusion of the reporting period, DHS had already met and bettered its commitment by finalizing 250 such guardianships.
For its part, DHS also highlighted for the court the remarkable overall progress that has taken place since the MSA was negotiated in 2011. That progress includes:
* Caseload-ratio compliance that has improved dramatically.
* Greatly increased adoption rates. In 2008, only 64 percent of children available for adoption were adopted. In 2012 that percentage rose to 83 percent, the highest rate in decades.
* Soaring grades for timeliness and permanency of reunification, rising to meet national standards.
* Timeliness of adoptions. Michigan's score now far exceeds national standards.
* Achieving permanency for children who have been in foster care for a long period of time. Michigan's score now far exceeds national standards.
* Placement stability for children while in foster care. Michigan's score now exceeds the national standard.
* New worker training. In 2009, 65 percent of new workers completed initial training within required timeframes. Today, more than 90 percent do.
* In-Service training. In 2009 only 46 percent of workers completed in-service trainings. Now, 99 percent do.
DHS' presentation was made in court by its lead legal counsel, John Bursch, the former solicitor general for the state of Michigan. Bursch has a record as counsel, arguing 15 times before the Michigan Supreme Court. He has also litigated cases before the U.S. Supreme Court.
"Once again DHS has shown excellent progress and we will continue to do so on a wide range of benchmarks and reforms," said Maura Corrigan, DHS director. "Even in areas where we have missed the mark, we have not missed by much. DHS will strive to improve and meet both the goals of this MSA and our longer-term goals and vision for the future of child welfare in the state of Michigan."
DHS, as it continues to move forward in implementing the provisions of the MSA is also constantly reviewing its own child welfare system and is increasingly aware of the need for:
* The capacity to monitor its work, identify areas of strength and need, and make corrections as needed while demonstrating to the court and the parties its ability to self-monitor, self-correct, and make substantial improvements in the most critical areas of intervention with the children and families the department serves.
* Prioritizing its focus of attention to ensure children within DHS care are safe from harm, have permanency and stability in their lives, and have their needs for well-being identified and addressed.
Michigan's child welfare system came under federal oversight in 2008 as a result of a lawsuit filed by New York-based Children's Rights. Shortly after taking the DHS helm in January 2011, Corrigan worked with her team to renegotiate the consent decree, focusing less on bureaucracy and more on outcomes. The new MSA took effect July 18, 2011.
Here are highlights of where the State was unable to demonstrate compliance:
VII.A
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Assessments & Service Plans: Written assessments within 30 days of entry (ISP); updates quarterly (USP); treatment plans signed by caseworker, supervisor, parents and children if of age or a written explanation of no signature.
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10/1/11
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DHS unable to demonstrate compliance
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2
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VII.B
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Supervisory Oversight: Supervisors will meet at least monthly with each assigned worker to review status and progress of each case on the worker's caseload. Supervisors will review and approve each service plan which can only be approved after a face to face meeting with worker which can be the monthly meeting.
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10/1/11
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DHS unable to demonstrate compliance
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2
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VII.C
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Provision of Services: Services in plans must be available in a timely and appropriate manner, monitor for quality/intended effect; assist parents, children and foster parents identify appropriate, accessible and compatible services; assist with transportation, resolve barriers, intervene to review and amend service plans when services are not provided or are not effective.
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10/1/11
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DHS unable to demonstrate compliance
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2
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VII.D
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Family Engagement Model: DHS will
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