Judge Approves Settlement of Class-action Lawsuit; Full-scale Reform of Tennessee Child Welfare Syst

PRESS RELEASE

Outside experts and independent monitor to guide and enforce comprehensive reform of state's Department of Children's Services.

A federal district judge released his decision today approving a settlement reached by all parties in Brian A. v. Sundquist, the child welfare reform class-action lawsuit in Tennessee. Court approval of the settlement sets in motion an unprecedented approach to full-scale reform of Tennessee's dangerously troubled Department of Children's Services (DCS). Under court order, DCS will work closely with a team of five independent child welfare experts who will guide and assist in a comprehensive reform of the state-run foster care system. Sheila Agneil, a child welfare expert from Kansas City, Missouri, will serve as an independent monitor to ensure state compliance.

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The innovative settlement was agreed to in May 2001 by counsel for plaintiff children, Children's Rights, a national non-profit children's advocacy organization, and law firms in Nashville, Memphis and Knoxville, and by the State Attorney General. The lawsuit was filed in May 2000 against Governor Donald Sundquist and George Hattaway, Commissioner of DCS, for failure to protect the approximately 10,000 children dependent on DCS for care and protection.

Pursuant to federal court procedure, Judge Todd Campbell, U.S. District Court for the Middle District of Tennessee, held a public fairness hearing on July 20 for all interested parties to the Brian A. settlement to determine if the agreement is a fair, reasonable, and adequate settlement of the lawsuit. His decision, dated July 27 and released today, grants all motions to approve the class action settlement agreement.

"The Tennessee settlement is a wonderful model of constructive reform efforts for children," stated Marcia Robinson Lowry, executive director of Children's Rights, the national children's advocacy group representing plaintiffs in Brian A. "This is the most far-reaching and concrete settlement ever achieved in a lawsuit of this kind in the United States. It requires the agency to commit resources and to care for and move children through the system safely and appropriately, it provides an independent group of experts to help improve child welfare performance and has continuing federal district court supervision."

"By viewing us as allies rather than adversaries and agreeing to settle this lawsuit, the state will help speed change for its most vulnerable children," said Ira Lustbader, lead attorney for Children's Rights on the case. "Meaningful change for Tennessee's foster children has been a long time coming. While we must and will be vigilant in enforcing these changes, this settlement is a tremendous step forward."

Approval of the settlement does not end the class-action lawsuit. The district court still has jurisdiction to ensure compliance, enforce all provisions of the settlement, and enter further orders or impose sanctions if necessary.

The independent monitor will have access to all DCS records and the power to collect information and to determine whether the state is making the reforms. Children's counsel will have access to all necessary information to ensure enforcement. If defendants comply with all agreement measures, termination of the Settlement Agreement could be achieved in 2006.

Children's Rights co-counsel in the class-action represent children in every area of Tennessee and include David L. Raybin and Jacqueline B. Dixon of Hollins, Wagster & Yarbrough PC in Nashville; Richard B. Fields in Memphis, John W. Pierotti and Robert Louis Hutton of Glankler Brown PLLC in Memphis, and Wade V. Davies of Ritchie Fels & Dillard in Knoxville.

David Raybin in Nashville stated "This case is a remarkable example of the power of federal civil rights litigation on behalf of those denied a voice. This is why I became a lawyer."

For the first time in any court ordered settlement, a state child welfare agency will be measured by both quantitative results (size of caseloads, worker-child contact, etc.) and qualitative outcomes for children (moving among fewer foster homes and staying less time in foster care) The state will be assessed by how well they achieve desirable outcomes for children.

Major terms of the Settlement Agreement in Brian A. v. Sundquist include the following:

*A Technical Assistance Committee of five national experts in the child welfare field to assist in meaningful implementation of the requirements of the settlement agreement.
*An Independent Monitor with authority to require reports on implementation of the agreement, the status of children in foster care and compliance with the agreement.
*For the first time, a Quality Assurance Program that DCS must develop and implement statewide, including a separate quality assurance unit.
*Requirements to ensure no disparate treatment of, or impact on, African-American children.
*A system for receiving, screening and investigating reports of child abuse and neglect of foster children, with sufficient number of workers to ensure that all reports are investigated in the manner and within time frames provided by law.
*Regional services in every region of the state that include a full range of community- based services to support and preserve families of foster children in state custody, and to enable children to be reunified with their families safely and as quickly as possible.
*Time periods within which children must be moved through the adoption process.
*Maximum limits on the number of foster children's cases handled by a single case worker, and maximum limits on number of case workers overseen by a single supervisor.

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.