OKDHS NEWS
RELEASE
Human Services
Commission approves amended settlement agreement in class action
lawsuit
Oklahoma
City—The Commission for
Human Services met late on January 4, 2011 and approved changes made by the
Contingency Review Board (CRB) to a settlement agreement in the DG vs. Yarbrough
case, a federal class action civil rights lawsuit involving Oklahoma’s child
welfare system. The settlement agreement was originally approved on December 20
by the Commission and Children’s Rights, a child advocacy group representing
children in the state’s foster care system in the lawsuit.
The CRB reviewed the
settlement and approved it with changes on December 29 which caused both sides
to review the agreement again. Children’s Rights also signed off on the
CRB’s changes to the settlement which now heads to federal district judge
Gregory Frizzell for approval.
“The terms of this
settlement are unique in this kind of litigation,” said Howard Hendrick,
Director of the Oklahoma Department of Human Services. “It is the first time a
class action civil rights lawsuit involving a state child welfare system has
been resolved without a consent decree.”
Under the agreement,
compliance will dissolve on December 15, 2016 provided the state complies in
“good faith” with the proposed improvements for two consecutive years prior to
that date. The proposed improvements must still be developed but involve targets
for identified practice areas named in the agreement.
“Both sides were
willing to entertain a new approach to resolving class action civil rights
claims involving child welfare systems,” said Hendrick. “The strength of our
defense and the excellent work our child welfare workers do every day changed
the conversation about how these kinds of cases should be resolved. The
future improvements, the details of which must yet be developed, are outlined in
a framework that both sides hope will satisfy our shared desire to meet the
needs of vulnerable children and families.”
“We have been
extremely fortunate to have had choices that other states did not have,”
continued Hendrick. “The strength of our defense and the national experts
prepared to testify in our defense put us in a position to resolve the class
action lawsuit without a consent decree.”
“This settlement is
unlike any other agreement Children’s Rights has ever made in any state.
In no other state have they ever agreed to settle without a consent
decree.”
The settlement
agreement identifies areas of practice improvements where OKDHS will focus
attention. The details of these areas will be incorporated into a plan
that will be developed by the agency over the next 55 days. By February
15, 2012, OKDHS will present a plan to a newly created panel of three persons
outside Oklahoma with child welfare experience. Both OKDHS and Children’s
Rights participated in the selection of the panel members. The panel will
monitor the state’s compliance with the proposed improvements.
Under the agreement,
compliance with the agreement is based on the “good faith” standard, not the
“substantial compliance” standard normally involved with consent decrees.
The state will be liable for the plaintiff’s attorney’s fees and expenses in an
amount which will require court approval. Class members may not opt out of
the settlement and the agreement settles any individual claims they may
have.
“We are all committed
to continuous quality improvement and we have consistently identified and made
improvements. We will continue to make improvements even after compliance
with the future plan has been completed,” said Hendrick. “The strengths and list
of child welfare achievements are many, including an adoption rate that is more
than twice the national average per capita over the last five
years.”
“Nevertheless, we
need to recruit and expand the number of non-kinship homes for children coming
into foster care. We need a broader array of therapeutic homes for
children experiencing trauma and dealing with behavioral challenges. We
also want to reimburse foster parents at better rates for their dedication to
caring for Oklahoma’s abused and neglected children.”
“As an agency, we
need to support our talented child welfare staff. We know this work is
intensive, stressful, and demands people with critical thinking skills. As
a state, we should value this work with pay that reflects the level of
responsibilities expected of these workers.”
“Some of these
improvements, particularly those involving recruitment and retention of child
welfare workers and foster parents, will require additional state dollars. We
will need the support of the Governor, the legislature, and the judicial system
to commit the resources needed to ensure that Oklahoma’s child welfare system
can meet these demands.”
# #
#
See attached
documents: Statement from Brad Yarbrough, Commission Chairman; Signed copy of
settlement agreement; Key Provisions of settlement; Continuous Oklahoma Child
Welfare Improvements timeline
Sheree
Powell
OKDHS Office of Communications
(405) 521-3027 (w) – (405) 590-6921 (m)