New Report on Foster Care Practice in Milwaukee Shows Children in Jeopardy Since Wisconsin State Tak

PRESS RELEASE

Rate of abuse and neglect in foster care is five times federal standard; caseworkers fail to make required visits; majority of foster children never see doctor or dentist.

(May 14, 2001 - Milwaukee) A report by the Children's Research Center released today in the class action lawsuit, Jeanine B. v. Scott McCallum, examines foster care practice since the State of Wisconsin took over the Milwaukee child welfare system and finds that "the safety and well-being of children in out-of-home care in Milwaukee is being seriously jeopardized." The report paints a portrait of glaring gaps in child protection and services "in nearly every case management category analyzed" and finds that all aspects of the state-run system "failed to meet minimal practice standards and federal mandates."

The Children's Research Center, a division of the National Council on Crime and Delinquency based in Madison, Wisconsin, analyzed children's records for actions taken on their behalf between January 1, 1998, the date the state assumed responsibility for the child welfare system, and October 31, 2000. The report found that Wisconsin failed to provide legally required services, case management, and planning necessary to keep the children safe in foster homes or to find permanent living arrangements for children at risk of spending their childhoods drifting through the foster care system.

Wisconsin's then-governor Tommy G. Thompson, took over the child welfare system in response to the Jeanine B. lawsuit in January 1998, making the state directly responsible for providing children in the system with appropriate placement, care, permanency and other necessary services, and protecting them from harm while in state custody. Thompson, as Secretary of Health and Human Services, is now in charge of federal audits that have begun to examine child welfare systems in each state. Wisconsin is scheduled to be audited in 2003.

"These shocking findings only confirm what everyone familiar with the Bureau of Milwaukee Child Welfare already knows: Milwaukee foster children suffer in the care and custody of the state," stated Eric Thompson, lead attorney on Jeanine B. for Children's Rights, a national non-profit advocacy group for children. "In 1998, Governor Thompson claimed the state could protect children without federal court intervention, but we now have concrete proof that under state management foster children are trapped in a system that at every juncture poses danger to their very health and well-being, in violation of their civil rights. Only court intervention can protect these children now."

"Instead of reforming child welfare, as promised, the state has created a disaster for kids, with no end in sight to the bad news," stated Micabil Diaz-Martinez, Legal Director at the ACLU of Wisconsin Foundation.

Reviewing a random sample of 373 foster care cases, the Children's Research Center uncovered serious flaws in the provision of services to children during the 34-month period of examination. Key findings of the report are:

High rates of abuse and neglect far beyond national average:

One of every six children (18%) was the subject of at least one report of abuse and neglect following placement.

There were over two substantiated cases of maltreatment by a foster care provider for every 100 children in placement - more than five times the federal performance standard of four cases per 1,000 children. (The report notes that rates of abuse and neglect in Milwaukee may be even higher because almost a third of the records had no documented investigation and/or findings.)

High rates of moving from foster home to foster home:

Nearly half of the foster children moved one or more times while in care.

21.2% of children moved three or more times during their first year in foster care - nearly twice the federal performance standard of 11%.

Infrequent visits by caseworkers:

On average, foster children were only seen by caseworkers less than four times per year. Four of every five children were not seen by their caseworker in any given month, despite a minimum requirement of at least monthly contact.
On average, foster parents were visited by caseworkers approximately twice per year, despite a minimum requirement to visit foster parents at least once every two months.

Lack of Medical and Dental Care:

The majority of foster children have no record of ever seeing a physician while in foster care.
Over 85% of foster children have never seen a dentist while in state custody.

Poor case management:

Less than 27% of children had a case plan filed within two months of being removed from their homes as required by federal law. Even within four months, compliance with this requirement was still below 33%.

Non-compliance with federal law on adoptions:

88% of children in care at least 15 out of 22 months did not have a termination of parental rights (TPR) petition filed or an exception documented, as required by the Federal Adoption and Safe Families Act of 1997 (ASFA).

For all 110 of the children in the sample who entered foster care after ASFA was enacted and were in care for at least15 out of 22 months, the state failed to timely file a TPR petition or document an exception as required by ASFA.
Background on Jeanine B. Lawsuit

May 1993: Jeanine B. v. Tommy G. Thompson lawsuit filed on behalf of all children in Milwaukee foster care.

January 1998: The state took over the child welfare system in response to the lawsuit and becomes directly responsible for providing these children with appropriate placement, care, permanency and other necessary services and protecting them from harm while in state custody.

June 1999: A supplemental complaint was filed charging that despite years of planning and a year and a half of implementation by the Wisconsin Department of Health and Family Services (DHFS), children in the Milwaukee foster care system were worse off than before the state takeover. The June complaint described a system overwhelmed and understaffed and rife with systemic violations of children's rights.

December 2000: An amended supplemental complaint was filed, adding claims that the state is violating ASFA's TPR requirements.

March 2000: Wisconsin's new governor, Scott McCallum, automatically substituted as defendant after Governor Thompson's appointment to direct Health and Human Services.

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.