Innovative Settlement of Federal Lawsuit Requires Wisconsin to Meet Specific Targets to Improve the

PRESS RELEASE

State agrees to be held publicly and legally accountable for reforming child welfare system by reducing caseloads, closing shelters, and speeding up adoptions.

(Milwaukee, Wisconsin, September 6, 2002) - All parties in Jeanine B. v. Scott McCallum, the child welfare reform class-action lawsuit in Wisconsin, agreed today to resolve a federal court lawsuit in an innovative approach to reform of the state-run Bureau of Milwaukee Child Welfare. This Settlement Agreement, unlike others of its kind, will measure Bureau reform by its ability to meet specific outcomes for children, such as more timely placements with permanent families, reduced abuse and neglect while children are in foster care, and fewer moves for children in foster care. The State also agreed to issue public reports every six months on progress in reaching these and other targets, including reducing caseloads of social workers, ending the placement of children in shelters, and ensuring monthly face-to-face visits with foster children. Court enforcement of the Agreement will continue until the Bureau meets the required outcomes.

The Agreement signed today is the result of successful mediation by former Wisconsin Supreme Court Justice Janine Geske. The Agreement will now be presented for court approval to the Hon. Rudolph T. Randa, U.S. District Court, Eastern District of Wisconsin by counsel for plaintiff children, Children's Rights and the ACLU of Wisconsin Foundation, and pro bono co-counsel from the Minneapolis law firms of Dorsey & Whitney and Gray, Plant, Mooty, Mooty & Bennett, and by counsel for the Bureau, the office of State Attorney General James E. Doyle. Pursuant to federal court procedure, Judge Randa will decide whether the Agreement is a fair, reasonable, and adequate settlement of the lawsuit after a public hearing that is expected to take place shortly.

"Milwaukee foster children are the winners today," stated Eric Thompson, lead attorney in the case for Children's Rights, the national children's advocacy group representing plaintiffs in Jeanine B. "These children, especially those living in unsafe conditions in temporary homes, have waited a long time to get to this point. They deserve to grow up with permanent families, not in foster care. This agreement provides concrete, measurable indicators of reform that will make real change in the lives of our clients."

Children who were named as plaintiffs in the class action lawsuit, include:

Danny C. and Frank M. are siblings who have been in foster care since they were four-and two-years old, respectively. During their more than four years in foster care, the boys were moved through at least ten placements, including several stays in shelters. During one episode, a newly assigned social worker discovered the brothers were missing after they had been placed with a drug-addicted, homeless relative. The Bureau has agreed to pursue the adoption of Danny and Frank by their new foster parents, and to provide individual post-adoption counseling for both boys.

Julie R. is a 14-year old girl who has been in foster care for seven years. Her social workers rarely visited her. During one recent period of a year and a half, Julie never saw a social worker. At one point, no social worker was assigned to her case for several months. The Bureau then listed her as too old to be considered for adoption. The Bureau has agreed to pursue the adoption of Julie by her new foster parent, in a home with her sisters, and provide mentoring services and special education services for her. Additionally, the Bureau will assure that Julie remains eligible for subsidized medical coverage after her adoption.

The Agreement settles but does not end the Jeanine B. class-action lawsuit, which sought these reforms to benefit the approximately 6,000 foster children who are dependent on the Bureau for their care and protection. The lawsuit was filed in 1993 against then-Governor Tommy G. Thompson for his failure to protect these children. The State eventually took over the child welfare system from the County in January 1998, in response to the lawsuit, making the State directly responsible for providing children in the system with appropriate placements, care, permanency, and other necessary services, and keeping them from harm while in custody. Supplemental complaints were filed in June 1999 and December 2000, both with new allegations of ongoing harm to children. A trial date had been set for March 2003.

"We are pleased with the outcome of this lawsuit and will continue to monitor this process to ensure that all children will receive the services they deserve," said Micabil Diaz-Martinez, Legal Director at the ACLU of Wisconsin Foundation.

Under the terms of the Agreement by the parties today, the District Court will have continuing jurisdiction to ensure compliance, to enforce all provisions of the settlement, and to enter further orders or impose sanctions if necessary. Compliance with the Agreement will be measured every six months by the Bureau's Program Evaluation Managers, with their reports made available to the public. The parties have also agreed to binding arbitration on issues of non-compliance by the State. In case of non-compliance, both parties will have to agree on necessary corrective actions. If defendants comply with all measures in the Agreement, termination of the agreement could be achieved in 2006.

"This suit was resolved because of the recognition by all of the parties that their common interest in addressing the needs of children in foster care was best served by working together on ways of improving the foster care system," said Lawrence Moloney of Gray, Plant, Mooty, Mooty & Bennett.

Terms of the Agreement

The major terms of the Settlement Agreement in Jeanine B. v. Scott McCallum address three key areas for foster children: permanence, safety, and child well-being. For each of these areas, the Bureau will have specific targets to reach for improved outcomes for children and child welfare practice. The Bureau's compliance in reaching these targets will be measured annually over three one-year periods, beginning January 1, 2003.

Permanence:
The Bureau will be required to:

*Initiate timely legal actions to move children towards adoption in compliance with the federal Adoption and Safe Families Act (ASFA).
*Reduce the length of time children wait to be adopted.
*Reduce the length of time all children spend in foster care.

Safety:
The Bureau will be required to:

*Decrease the number of incidents of substantiated abuse or neglect of children while in foster care.
*Ensure timely investigation of reports alleging abuse or neglect of a child in the Bureau's custody.

Child Well-Being:
The Bureau will be required to:

*Reduce caseloads to an average of eleven families per social worker.
*Enforce the standard of monthly face-to-face visits between a foster child and his/her caseworker. This standard will be enforced in part through financial penalties imposed on private case management vendors that do not comply.
*End all placements of children in shelters by December 31, 2003.
*Develop special diagnostic/assessment centers for children over 12 years of age who need further assessment in order to determine their appropriate placement.
*Seek legislative increases in foster parent reimbursement rates.
*Reduce the number of times children are moved from one placement to another while in foster care.

The ACLU of Wisconsin Foundation, Inc. is the litigation and public education arm of the ACLU's Wisconsin affiliate.

Additional pro bono co-counsel for the Jeanine B. lawsuit are the Minneapolis law firms of Dorsey &Whitney LLP and Gray, Plant, Mooty, Mooty & Bennett, P.A.

Children's Rights works throughout the United States in partnership with national and local experts, advocates and government officials to document the needs of children in the care of child welfare systems. Children's Rights helps develop realistic solutions and, where necessary, uses the power of litigation to ensure that reform takes place.