Judge Approves Settlement of Foster Care Reform Lawsuit

PRESS RELEASE

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

(Milwaukee, Wisconsin, December 2, 2002) - A federal district court judge approved today the Settlement Agreement reached by all parties in Jeanine B. v. Scott McCallum, the child welfare class-action lawsuit in Wisconsin. Under the approved Agreement, the state-run Bureau of Milwaukee Child Welfare must now meet specific outcomes for children in its custody, including more timely placements with permanent families, and reduced abuse and neglect and fewer placement moves while in foster care. The State must issue public reports every six months on progress in reaching these and other targets. Court enforcement of the Agreement will continue until the Bureau meets the required outcomes.

The Hon. Rudolph T. Randa, U.S. District Court, Eastern District of Wisconsin, approved the Agreement as a fair, reasonable, and adequate settlement of the lawsuit. After a court hearing on November 15, at which members of the community expressed concerns regarding ongoing failures at the Bureau and the need for adequate resources to meet the settlement mandates, Judge Randa found that the "Agreement provides immediate, certain relief to the plaintiff class."

"This is a good settlement for Milwaukee's foster children," stated Eric Thompson, lead attorney in the case for Children's Rights, the national children's advocacy group representing plaintiffs in Jeanine B. "We will be monitoring reform progress very closely. If the Bureau is successful in meeting the court-enforceable measures of reform set out in this agreement, it will mean real change in the lives of our clients."

Counsel for the plaintiff children were 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.

"The Bureau has begun responding to the community's expressed need for joint reform planning and implementation," said Micabil Diaz-Martinez, Legal Director at the ACLU of Wisconsin Foundation. "We are encouraged by the fact that the Bureau has already met with the Milwaukee District Attorney's office on meeting the settlement requirement for timely legal actions in the adoption process."

The Agreement settles but does not end the Jeanine B. class-action lawsuit, which sought reforms to benefit the approximately 6,000 foster children who are dependent on the Bureau for their care and protection. Under the terms of the Agreement approved by Judge Randa 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.

Terms of the Agreement

The major terms of the 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 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.