SQ 765 necessary to rebuild Oklahoma’s broken Department of Human Services

Supporters say the welfare of Oklahoma’s children need a voice

OKLAHOMA – Passage of State Question 765 is a major component of Oklahoma’s effort to rebuild and improve the state’s broken Department of Human Services (DHS). The welfare of Oklahoma’s children, families, aging and disabled need a voice, supporters and authors of the ballot measure said Friday at a news conference at the Oklahoma State Capitol.

“Currently, the Department of Human Services is largely governed by a volunteer board which, however well-intentioned, does not answer to voters,” said Governor Mary Fallin. “The passage of SQ 765 will put authority for appointing an agency director in the hands of the governor, who was chosen to represent the people of Oklahoma and whose job it is to be responsive to their concerns. I am supportive of SQ 765 because it offers the governor more flexibility to pursue the reforms and improvements needed to keep Oklahoma children safe and to deliver higher quality services.”

See also: DHS will be improved, not abolished by SQ765

See also: Vote YES on SQ765 for Real DHS Reform

Under the watch of the DHS nine-member board, the Oklahoma Commission of Human Services, numerous child deaths, lawsuits and the resignation earlier this year of the DHS chairman have occurred.

Five-year-old Serenity Deal died while in the custody of the state in 2011, after repeated concerns were expressed by her foster parents about the danger she was in. DHS employees testified as to the safety of her father’s home, despite proof of repeated physical injuries.

Linda Terrell

“The Oklahoma Institute for Child Advocacy fought hard last session to bring bold reforms to the broken child welfare system through the Serenity Project,” said Linda Terrell, OICA executive director. “The next crucial step is for voters to say yes to SQ 765 to abolish an antiquated oversight commission to bring greater accountability and ensure the safety of our most vulnerable Oklahomans.”

“The death of any child is tragic, but when a child dies because a government bureaucracy failed them is simply unacceptable,” said Annette Deal, grandmother of Serenity Deal. “Voting yes on State Question 765 means we are doing everything in our power to ensure no family has to endure the pain of losing a child the way our family lost Serenity.”

Under the watch of the DHS commission, DHS recently paid $9,500 to settle a lawsuit filed after a temporary DHS worker picked up the wrong girl from a Harrah elementary school in 2006. Additionally, the agency is involved in a lawsuit with a New York-based child advocacy group, Children’s Rights, that alleges Oklahoma’s system of caring for abused and neglected children is so bad that children are being injured and otherwise harmed while in shelters and foster homes. Earlier this year, the state of Oklahoma paid $300,000 to settle a lawsuit filed by a mother who hid her young girl after DHS workers allegedly rejected concerns the girl had been molested.

“The agency’s governance structure is broken. It’s a 1930s governance model that fails to meet the needs of a complex 21st century agency,” said Rep. Jason Nelson, R-Oklahoma City and leader of the House DHS Working Group. “Nearly all the agency’s major problems can be traced back to an unaccountable commission and the historical tendency to insulate the director from any real accountability. If DHS is really going to improve, it must start at the top.”

In 2009, 3-year-old Ryan Weeks was beaten to death after being placed back in his mother’s custody from foster care despite pleading with the agency not to return the boy to the home. The mother’s live-in boyfriend eventually pleaded no contest to first-degree murder.

“Weeks spent his entire life in a home plagued by drug abuse and domestic violence,” said Steven Dow, executive director of the Community Action Project of Tulsa County and former DHS commissioner. “Children like him need the support and encouragement of a child welfare system that works and acts as a savior.”

DHS Commission meeting earlier this year

Three former or current Oklahoma Commissioners of Human Services, including Dow, are in favor of SQ 765 and getting rid of the commission altogether. The additional members include, Anne Roberts and former chairman Brad Yarbrough, who is a current commissioner.

Voter approval of the measure would end Oklahoma’s distinction as the only state where the director reports to an unelected commission rather than a governor whose elected position makes them directly accountable to the people ofOklahoma.

If the state question passes, HB 3137, passed in the legislature earlier this year, would require the DHS director to be appointed by the governor and confirmed by the Senate. Currently, the director is hired by the Commission for Human Services.

“It puts the agency’s leadership closer to the people because the governor is accountable to all the people of Oklahoma,” Nelson said. “The pressure will be on the agency director to do what is right or they’ll have to answer to all the people ofOklahoma rather than an unelected, unaccountable commission. This agency is too important to leave it in the hands of people who don’t directly answer to the public.”

HB 3137 would also establish advisory panels that would monitor each of the agency’s divisions to help agency leadership make informed decisions. The legislation was developed and supported collectively by a bipartisan group of legislatures comprised of House Speaker Kris Steele, R-Shawnee; Reps. Wade Rousselot, D-Okay; Jason Nelson, R-Oklahoma City; Pat Ownbey, R-Ardmore; Pam Peterson, R-Tulsa; and Sens. Greg Treat, R-Oklahoma City and Rick Brinkley, R-Owasso.

“The state question would not only abolish the commission but also a bad statute that goes back to 1936, Dow said. “Nothing has happened or can happen to improve the system because of the laws that are currently in effect. It’s time to change our system and SQ 765 is the first step.”

“A vote for SQ765 is a vote to fix DHS,” said Sen. Greg Treat, R-Oklahoma City. “It is a vote to bring greater oversight and accountability that is desperately needed.”

Fallin Names Wes Lane New Chairman of DHS Commission

OKLAHOMA CITY – Governor Mary Fallin today announced the appointment of Wes Lane as chairman of the Department of Human Services Commission. 

The governor appointed Lane to the DHS Commission in September and since then he has served as chairman of a DHS Commission special subcommittee to review cases of child abuse and neglect.

“Since his appointment to the DHS Commission, Wes Lane has proven himself a dedicated advocate for Oklahoma’s children and our most vulnerable citizens,” Fallin said.  “In his new role as chairman of the DHS Commission, I expect Wes to continue to work toward implementing reforms at DHS – including the Pinnacle Plan to improve the child protection system – that will help improve the agency and the services it provides.”

Lane is president of the Burbridge Foundation, a foundation dedicated to solving problems that impact families. He served for 21 years in the Oklahoma County District Attorney’s Office, including five and a half years as district attorney.  He oversaw the office’s juvenile division and personally handled hundreds of DHS child welfare cases. Lane earned a bachelor’s degree from the University of Oklahoma and a law degree from the OU College of Law.

Lane replaces Brad Yarbrough, who resigned as DHS commission chairman in June.  Yarbrough remains as a member of the DHS Commission.

In a tumultuous week for DHS, revised Pinnacle Plan unveiled

By Patrick B. McGuigan and Stacy Martin at CapitolBeatOK (Published: 14-Jun-2012)

In the midst of a tumultuous week for governance at the Oklahoma Department of Human Services, a revised version of the transformational “Pinnacle Plan” has been released. 

Circulation of the new draft (dated June 1) came just 48 hours after Human Services Commission Chairman Brad Yarborough – facing a no-confidence vote pressed by at least three of the commission members – resigned from the top job, while agreeing to stay on the panel. 

Peter J. Rudy of Oklahoma Watchdog.org covered Tuesday’s “contentious meeting” and has the details here. 

The revised Pinnacle Plan has been sent to the three “co-Neutrals,” out-of-state analysts and decision-makers empowered by litigation settled earlier this year. The work of the co-Neutrals, as result of litigation administered by the federal courts, is not subject to Oklahoma’s open meeting and open record provisions. 

The new rendition of the state’s comprehensive reform plan for DHS is the result of several revisions crafted since March 30. The new version is characterized in a release from DHS as “an outline of improvements the [state] DHS will make in targeted areas of the state’s Child Welfare System. It will serve as a guideline for the agency to follow as it works to improve the care of Oklahoma’s foster children.

“The plan was revised after feedback from the plaintiffs, co-neutrals, legislators, Governor’s staff, OKDHS Commission members, and OKDHS staff. The plan contains minor revisions that ensure clarity of the goals and initiatives. Some changes were made to move initiatives forward in Years One and Two, such as ensuring children under two are not placed in shelters and the supervisor training/mentoring program is developed earlier.

 

“During the next 45 days, the plaintiffs and co-neutrals will once again review the document and the co-neutrals will either endorse or not endorse the Pinnacle Plan. If endorsed, OKDHS will finalize the baselines and metrics over the next several months. If not endorsed, the co-neutrals can modify the plan to meet their expectations as outlined in the Settlement Agreement. During the approval process, OKDHS and the co-neutrals will begin the work of establishing baselines and targets along with the data experts.”

Deborah G. Smith, Director of the OKDHS Children and Family Services Division said, in comments sent to CapitolBeatOK, “We hope this becomes the final version.  We have made some minor adjustments, and believe this plan will provide a valuable outline with which we can operate in the years to come. We are ready for an approved plan so we can begin implementation.”

Chairman Yarborough disclosed his resignation from the top job on Tuesday (June 12). He had sought to continue drawing on the expertise of two former commissioners (Steven Dow and Anne Roberts) for working panels, but that idea now appears inoperative. 

Yarborough said he had to stop being chairman because “an excessive investment of time. It has been a privilege to serve as Chairman these past eight months. I accepted at a time when the DHS faced many significant challenges. The role has been difficult and demanding. I’m pleased that, with the help of other Commissioners, agency staff, the [attorney general], Legislature and Governor, the DHS has turned a critical corner. Recent achievements have, by most accounts, been historic. Serving as the Chair has been satisfying and I hope that it has benefitted our state.

 

“The duties as Chairman have required an excessive investment of time. But, because of the critical and worthy nature of the assignment, the sacrifice was merited. However, this level of involvement is unsustainable. Business opportunities and personal priorities now require more attention. To adequately accommodate, it’s necessary to resign as Chairman,” he said.

Governor Mary Fallin first appointed Yarbrough on Sept. 8, 2011.  On the same date, she appointed former Oklahoma County District Attorney Wes Lane, who is now reportedly under consideration for the chairmanship. Lane and Yarborough, conservative Republicans, had worked closely with Dow and Roberts, liberal Democrats and appointees of former Governor Brad Henry.

Several of the board majority’s steps toward accountability and better performance have been opposed by other Henry-era commissioners. Dow and others have said the commission structure is outdated and not adaptive to contemporary needs of DHS. 

As a result of many factors – legislative enactment, judicial scrutiny, litigation, and new legislation, the governance structure for the agency is on the verge of comprehensive transformation, including the role of the governing commission.

The Legislature boosted DHS funding by $50 million this spring; half of that increase is to finance early stages of the Pinnacle Plan. 

If voters agree in November, the commission will be abolished and the governor empowered to name top employees at the agency. Rudy reports this week’s contentious meeting “will certainly be an example used by those who want the reforms as a reason for why they are needed.” 

It is quite conceivable that whomever is named to succeed Yarborough will be the last Human Services Commission Chairman. Meanwhile, commissioners (and the governor) were unsatisfied after a first round look at potential candidates to replace DHS Director Howard Hendrick, and beginning a broader national search for additional candidates.

OKDHS Releases First Draft of Historic Reform Plan

Oklahoma City -- The Oklahoma Department of Human Services (OKDHS) has submitted a first draft of an improvement plan (.pdf, 84 pp, 3.0 MB) for its child welfare program to a panel of three child welfare experts who will be monitoring the state’s improvements over the next five years. The plan is part of a settlement agreement reached in January 2012 in the D.G. vs. Yarbrough class action, civil rights lawsuit. OKDHS agreed in the settlement to make targeted performance improvements related to the way it cares for children in foster care. 

“We are pleased with this plan and believe it addresses the 15 identified areas of improvement, the anticipated costs, and the agency organizational changes as defined in the settlement agreement,” said Preston Doerflinger, OKDHS interim director.

Since the settlement, OKDHS has been developing the improvement plan with the assistance of the outside child welfare experts (referred to as co-neutrals), Human Services Commissioners, representatives from the Governor’s office and state legislature, as well as key external stakeholders.

“This plan is the result of a historic collaborative effort between OKDHS, the Governor, the legislature, and other partners who have a stake in child welfare services,” said Brad Yarbrough, Chairman of the Human Services Commission. “We look forward to receiving feedback from the co-neutrals on this plan and continuing our work to improve the child welfare system in Oklahoma.”

The development of the plan included holding summits across the state with OKDHS child welfare staff and key external stakeholders to solicit ideas about how to improve the system. 

“Our staff chose to name the plan, “The Oklahoma Pinnacle Plan,” as the term reflects their goals to reach the highest point possible in the state’s child welfare program,” said Deborah Smith, Director of the Children and Family Services Division. “I told our staff to reimagine what our child welfare services could be. The Pinnacle plan was crafted to reach these goals. This is an exciting time for everyone who works in child welfare services.”

The Oklahoma Pinnacle Plan is divided into seven “Pinnacle Points” which relate to the 15 areas of improvement identified in the settlement agreement. Under each Pinnacle Point are strategies and initiatives to achieve the improvements. 

The Oklahoma Pinnacle Plan: An Improvement Plan for Child Welfare services

OKDHS To Select New Interim Director Tomorrow

The Oklahoma Commission for Human Services has called a special meeting tomorrow, Wednesday, March 21 at 1PM to discuss and potentially hire a new interim director. 

Current Interim Director Terri White was selected by the OKDHS Commission on February 3, at a special meeting of the Commission. White began her official duties at OKDHS on March 1, after former Director Howard Hendrick retired. 

Since March 1, White has served as Interim Director of OKDHS and continued as the head of the Oklahoma Department of Mental Health and Substance Abuse Services. 

Brad Yarbrough, Chairman of the Commission, issued the following statement in response to several medial inquiries about the surprise agenda. 

“Tomorrow the OKDHS Commission will meet about the position of interim director. Terri White, selected by the Commission in February as the temporary Director, has been doing an outstanding job. Any action that may be taken would contemplate the ongoing involvement of Ms. White, who serves as Commissioner of Oklahoma's Mental Health and Substance Abuse Services agency. There will be no action taken in this meeting in terms of appointing a permanent director. The Commission continues its nationwide search for a permanent director of the agency. Applications for the agency's top job must be sent by March 26 after which they will be reviewed and the Commission will begin its interview process.” 

AGENDA
SPECIAL MEETING OF THE OKLAHOMA COMMISSION FOR HUMAN SERVICES
March 21, 2012
1 p.m. – Room C-48 – Sequoyah State Office Building
Oklahoma City, Oklahoma

1. Call to Order - Chairman Brad Yarbrough
2. Discussion and Possible Vote by Commission to enter into Executive Session to discuss the hiring of an  Interim Director for the Department of Human Services, pursuant to 25 O.S.2011, § 307(B)(1).
3. Vote to return to Regular Session.
4. Discussion and possible vote to hire Interim Director for the Department of Human Services.
5. Vote to adjourn.

Final Settlement Approved by DHS Commission Tonight

Reform Efforts Given Deadlines in the Agreement

Oklahoma City—The Commission for Human Services met this evening 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 revisit 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.

House Speaker Kris Steele, R-Shawnee, who voted to approve the settlement during a Contingency Review Board meeting last week said the agreement is a golden opportunity to improve the agency under Oklahoma’s terms. 

“The last thing anyone wanted was to see Oklahoma public policy set in a federal courtroom,” Steele said. “I’m pleased we’re on track to avoid such a scenario. I’d like to thank Attorney General Pruitt and our DHS commissioners for their leadership in steering this process to a path that is truly in the best interest of Oklahoma, its taxpayers and its vulnerable citizens.”

Commission Chairman Brad Yarbrough said in a statement after the commission meeting that the Commission believes the approved settlement is in the best interests of the Department of Human Services and the children and families it serves.

Yarbrough and Plaintiff Attorney Fred Dorwart signing the
settlement agreement after the Commission meeting

“The agreement provides a realistic framework to make improvements in the delivery of child welfare services and, as a result, better protect vulnerable children,” Yarbrough said. 

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.

“All Oklahomans must unite their efforts to bolster the old-fashioned idea of kids growing up in good homes, Yarbrough said.  “But, when parents and caregivers put children at measurable risk of great harm, the DHS must respond in an excellent fashion.”

Howard Hendrick, Director of the Oklahoma Department of Human Services, said the agreement is unique for a lawsuit of this nature. 

“It is the first time a class action civil rights lawsuit involving a state child welfare system has been resolved without a consent decree,” Hendrick said. “Both sides were willing to entertain a new approach to resolving class action civil rights claims involving child welfare systems. 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.”

Attorney General Scott Pruitt visits with reporters after
the Commission meeting about the settlement

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.

The Plan and the Panel

By March 30, 2012, OKDHS will present a plan to a newly created panel. The agreement provides for a panel of three national child welfare experts who will have total access to DHS and agency staff. 

Yarbrough said other national consultants will be called upon to help the agency create the plan and to meet the goals contained in the future plan.

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 Commission recognizes the difficult tasks faced daily by our child welfare staff and their commitment to professionally serve children and families,” Yarbrough said. “ But, the Commission also understands that too many Oklahomans have been dissatisfied in their dealings with the DHS. We view this settlement as an opportunity to help our staff help create better outcomes than we have previously achieved.

“The Commission welcomes the opportunity to work with agency leadership, its staff, national experts, child welfare consultants, the Governor and the legislature (both Speaker Steele and the House task force headed by Rep. Jason Nelson and President Pro Tempe Bingman). This settlement gives a place for all of these parties to help craft a real improvement plan to help Oklahoma families.”

Steele commented that the real work can begin now that the agreement has been finalized.

“The Legislature must be involved in this planning process and I’m pleased it will be,” Steele said. “DHS belongs to the public and serves the public, so it is critical for the public’s representatives to have meaningful input. We’re fortunate to have had a special House DHS working group in the field these past few months scrutinizing every aspect of DHS and looking for improvements. It’s proven productive already, as they now have a head start on much of the work that must be done in the coming weeks. 

“There is a wealth of DHS knowledge and ideas among other legislators and elected officials, as well, so we’ll be counting on everyone’s participation. Together, we’re all prepared to develop the best possible plan to improve services for the children cared for by this agency.”

Hendrick mentioned several areas where improvements are needed. 

“We are all committed to continuous quality improvement. We will continue to make improvements even after compliance with the future plan has been completed,” said Hendrick. 

“[W]e 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.” 

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.

Link to settlement agreement

DHS settlement amended by Contingency Review Board, details undisclosed

By Patrick B. McGuigan at CapitolBeatOK.com (Published: 29-Dec-2011) 

At the state Capitol in Oklahoma City, the Contingency Review Board today (Thursday, December 29) amended and then approved an amended settlement agreement in a long-running lawsuit against the Oklahoma Department of Human Services (DHS). The board consists of Governor Mary Fallin, President Pro Temp Brian Bingman of Sapulpa and House Speaker Kris Steele of Shawnee. 

DHS and other parties to the litigation must accept the amended settlement before it is binding. The draft accord had passed one round of review by several parties, including the “Children’s Rights” group that has led the litigious attack on the troubled agency, in the case DG vs. Yarborough. 

The Children’s Rights organization, which is based in New York, has contended DHS inadequately monitors foster children, putting them at risk of harm. The agency has faced a wave of criticism for its handling of child protective services. 

The commission that governs the agency faced increasing critical scrutiny earlier this year for inattentiveness to the litigation and for open meetings’ violations. 

To gain approval, the amended draft accord, which was revised in an executive session of the CRB, must now be pressed anew through the route that brought the possible settlement to the CRB. The accord is subject to judicial review, as well as agreement of the contending parties. 

Further, legitimacy of the CRB’s involvement is being challenged by Oklahoma City attorney Jerry Fent, a perennial and often effective critic of government practices. 

Thus the draft agreement is merely the start of another round of scrutiny. If a binding agreement is not reached, the case could still go to trial in February (a preliminary hearing is slated for January 6). 

Speaker Kris Steele

Speaker Steele, who has been a critic of the agency and an advocate of significant changes in the agency’s governance and practices, said, “This is a golden opportunity to improve the agency under Oklahoma’s terms instead of a court’s terms. I’d like to thank Attorney General [Scott] Pruitt and our DHS commissioners for their leadership in steering this process to a path that is truly in the best interest of Oklahoma, its taxpayers and its vulnerable citizens. Make no mistake: This is a good day for Oklahoma.”

 

President Pro Tem Bingman, in a statement sent to CapitolBeatOK, commented, “There is no obligation we ought to take more seriously than the responsibility to protect the most vulnerable among us - particularly children in heartbreaking situations beyond their control.  The most important thing in this settlement agreement is a focus on improving the quality of services provided for the children of Oklahoma.

“Today's vote to approve the settlement agreement is a step in the right direction, and still must be approved by U.S. District Judge Gregory Frizzell.  Like all Oklahomans, I am eager for Department of Human Services officials, state-elected officials, and the legislature to work together for the benefit of Oklahoma's children."

Gov. Mary Fallin

After the executive session, which lasted a bit more than one hour, the board returned to open session. Gov. Fallin pointed out, “no votes were taken in closed session.” After return to open session, Sen. Bingman moved, and Speaker Steele seconded, approval of the settlement, as amended. The motion carried and the panel then adjourned.

In a brief discussion with reporters, Governor Fallin said that while the accord is subject to consent from parties in the litigation, she regards the draft accord as “a positive step.” 

She reflected, “All parties have negotiated in good faith.” Concerning the validity of CRB actions, Fallin said state officials “don’t believe [Fent’s] analysis is correct.”

Fallin has been carefully critical of DHS’ performance since assuming office last January. This fall, she named two new members to the commission that governs the agency – former Oklahoma County District Attorney Wes Lane and businessman Brad Yarborough. Soon after his appointment, Yarborough was elected chairman of the DHS commission. 

Attorney Fent’s challenges to the CRB’s practices have been successful in at least two cases. Further, state Rep. Mike Reynolds, an Oklahoma City Republican, argues the panel impermissibly mixes executive and legislative powers in a single board. 

In a 2007 state Supreme Court case (103714), “Fent vs Contingency Review Board,” a majority of the justices found “The Legislature cannot participate, either directly or through administrative boards having legislators as members, in the administration of funds appropriated by enacted legislation.” The court concluded CRB’s involvement in administration of funds constituted “a legislative usurpation” of executive powers.

In “Fent vs. Fallin” (2011 case 109770), the court struck down the Oklahoma Quick Action Fund due to the involvement of legislative leaders in “approval of an expenditure from the fund.” 

Additionally, Reynolds points to a 1982 opinion from Attorney General Jan Eric Cartwright which found that “a committee consisting of Legislators, may not be authorized by legislation to approve or reject grant applications.”

However, defenders of the CRB note the fact situation in the current DHS settlement agreement is different and, in legal parlance, “distinguishable” from other cases.

Discussing the possible settlement with reporters, Sheree Powell, the communications coordinator at DHS, predicted a positive and “very unusual” resolution of the case, although she declined to provide any details. In response to questions from CapitolBeatOK, she said she has not seen the revised draft amendment.

Powell said, “There is no perfect child welfare system.” She echoed frequently reported views of DHS Director Howard Hendrick, that DHS staff needs to be paid more and case workers need smaller case loads, and higher pay for foster parents and therapeutic homes.

In this month’s regular meeting of the commission, Hendrick said the Legislature should approve pay raises for agency workers, and reduce employee contributions to the state retirement system. 

Responding to the views of some critics that the agency is top heavy with management, Powell defended DHS performance, saying operations are “very efficient.” She said child protective work is “very stressful.” She said the full DHS commission should be able to consider the amended draft settlement next week.

Howard Hendrick
Director of DHS

Director Hendrick told reporters today he estimated the agency has spent $7 million defending its practices in the litigation. Costs have included attorneys’ fees, expert witness fees and other expenses.

Hendrick’s float of the idea to reduce pension system payments to finance pay hikes for DHS employees has attracted criticism from some. Hendrick said he could not address specific aspects of the accord until, and unless, a final agreement is reached. He made it clear the agency was willing to litigate to defend its practices, but that he hoped an agreement could be reached. 

In an interview with Oklahoma Watchdog earlier this month, state Rep. Randy McDaniel, an Oklahoma City Republican, said this is not the time to curb pension contributions. While sympathetic to pay hikes for state workers, “we cannot do that on the back of the pension system.” 

Linda Terrell of the Oklahoma Institute for Child advocacy said her group was “optimistic” at news of draft settlement, saying “significant reform” and possible privatization of “certain pieces of foster care,” combined with “wise investment of taxpayer dollars,” could improve performance at the agency.

In a statement sent to CapitolBeatOK, Terrell also took a shot at proposals to reduce state income tax rates, saying she opposed “cutting taxes for the wealthiest among us” at the expense of “vulnerable children.” 

DHS Commission Votes to Settle Class Action Lawsuit

Reform Effort Shifts Gears

Oklahoma City—The Human Services Commission of the Oklahoma Department of Human Services held a special meeting December 20, 2011 at 5:30 PM to consider a settlement proposal in the DG vs. Yarbrough class action lawsuit.  Commission members approved a motion by a vote of 6 to 3 to authorize Chairman Brad Yarbrough to sign a settlement if approved by the Contingency Review Board. 

“While the terms of the settlement remain confidential, I can say that the terms are unique in this kind of litigation,” said Howard Hendrick, Director of OKDHS.  “Both sides were willing to entertain a new approach to resolving class action civil rights claims involving child welfare systems.  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.”

The Contingency Review Board consists of the Governor, Speaker of the House, and the Senate Pro Tem.  The board is expected to meet on Wednesday, December 28 to review the settlement proposal.

The commission first met in executive session for more than five hours before returning to open session to vote on the proposed settlement.

Attorney General Scott Pruitt intervened in the lawsuit shortly after taking office earlier this year. Intense work by Pruitt and his staff along with DHS commissioners taking a more active role in the litigation in recent months led to the proposed settlement. 

The settlement is good news because the state is avoiding a potential takeover of our foster care system by the federal courts. It's good news for children in foster care because the agreement is focused on improving safety for children in state custody.

A working group created by Speaker Kris Steele in September continues meeting around the state with DHS stakeholders exploring ways to improve the entire child welfare system. 

The speaker has positioned the House of Representatives well by beginning work on significant structural reforms well before last night's vote by the commission. The working group plans to present a report containing findings and recommendations before the start of the 2012 legislative session. 

DHS Commission to Consider Settlement

AGENDA

OKLAHOMA COMMISSION FOR HUMAN SERVICES

Dec. 20, 2011 at 5:30 p.m.
Room C-48 – Sequoyah State Office Building
Oklahoma City, Oklahoma

CALL TO ORDER – Chairman Brad Yarbrough

CONSIDERATION AND VOTE TO ENTER EXECUTIVE SESSION FOR THE FOLLOWING PURPOSE:

CONFIDENTIAL COMMUNICATIONS BETWEEN THE COMMISSION AND ITS ATTORNEY CONCERNING THE FOLLOWING PENDING LEGAL CLAIMS AND ACTIONS IF THE PUBLIC BODY, WITH THE ADVICE OF ITS ATTORNEY, DETERMINES THAT DISCLOSURE WILL SERIOUSLY IMPAIR THE ABILITY OF THE PUBLIC BODY TO PROCESS THE CLAIM OR CONDUCT PENDING LITIGATION, PURSUANT TO 25 O.S. SUPP. 2011, 307 (B) (4)
DISCUSSION OF LITIGATION OPTIONS INCLUDING PROPOSED SETTLEMENT IN D.G. V.YARBROUGH, CASE NO. 08-074-GFK (N.D. OKLA.)

VOTE TO RETURN TO REGULAR SESSION

CONSIDERATION AND POSSIBLE APPROVAL OF PROPOSED SETTLEMENT IN D.G. V. YARBROUGH, CASE NO. 08-074-GFK (N.D. OKLA.), SUBJECT TO PRIOR OR SUBSEQUENT APPROVAL OF THE CONTINGENCY REVIEW BOARD

ADJOURNMENT

NewsOK.com: DHS commissioners set meeting to consider settlement of class-action lawsuit over foster care |  http://nelsone.ws/uVWCyg

NewsOK Interview Regarding DHS Structural Reform Efforts, Death of 9 Month Old Jacob Hedger

Speaker Outlines New DHS Strategy, Rep. Nelson to Lead Effort

Speaker Kris Steele
R-Shawnee

OKLAHOMA CITY – House Speaker Kris Steele and a bipartisan group of five representatives today unveiled the first steps of a strategy to reform the Oklahoma Department of Human Services.

The House’s aggressive, four-pronged strategy is designed to improve DHS through significant study of and potential reforms to governance structure, agency structure, personnel policy and resource allocation. The plan is in response to a shared desire between House members, agency officials and other stakeholders to improve delivery of services by DHS, particularly for children in state custody.

“Today we begin working together to find a better way,” said Steele, R-Shawnee. “The Legislature has made incremental DHS reforms over the years, but more improvements are needed. The comprehensive reform we seek is only achievable if we all truly cooperate and work toward a common goal. It won’t be easy, but what we’re saying today is we’re going to buckle down and get there together.”

Steele has asked a bipartisan group of five representatives to engage in a strategic review of DHS to develop policy to consider next legislative session.

Governor Mary Fallin released a statement today after the announcement.

“When I appointed Brad Yarbrough and Wes Lane to the DHS commission, I asked them to pursue reforms that would allow the agency to better protect our children and increase accountability, transparency and efficiency,” Fallin said. “The goals outlined today by Speaker Steele, a bipartisan group of legislators, and agency officials is the logical next step in that process.”

Leading the group will be Rep. Jason Nelson, R-Oklahoma City, who has spent this summer and past years reviewing DHS to look for potential reforms. Other members of the group are Reps. Pam Peterson, R-Tulsa, Pat Ownbey, R-Ardmore, Rebecca Hamilton, D-Oklahoma City, and Wade Rousselot, D-Okay. All members of the group have certain areas of expertise in human services.

“Make no mistake: This is no typical legislative committee. There will be no sitting in hearings making motions and watching PowerPoints all day,” Nelson said. “DHS faces serious challenges that necessitate us getting out of the Capitol and into the field.”

The group will operate in a unique manner, with much of its work occurring in small meetings with DHS workers in the field, where the group will observe how policies are implemented and analyze organizational strengths and needs. The group will also meet with other agency officials and leaders, DHS commissioners and other stakeholders.

“The Legislature already has a wealth of knowledge about this agency, so there is no need to duplicate what we’ve already done. Instead, we’re taking a somewhat outside-the-box approach,” Nelson said. “I’m confident this is exactly the type of approach needed in order to achieve real reforms that ensure DHS delivers the results Oklahomans expect. Our sense of urgency could not be any higher.”

The group’s meetings with workers will be private to allow for candid conversation and disclosure of sensitive information. The group will also engage in an in-depth study of the agency’s structure and resource allocation to determine if better results could be achieved through reorganization and reprioritizing resources. A public report on the group’s findings will be presented during a public meeting sometime next year.

Steele said DHS reform will be a policy priority in the House next session.

“My expectation is one I believe most Oklahomans share, and that is to do whatever it takes to produce serious improvement at DHS,” Steele said.

Officials at DHS – the largest agency in state government – pledged to give the group the access it needs to the agency in order to do its work.

“We thank Speaker Steele and the House for their willingness to work together to find solutions and look forward to assisting in every way possible,” DHS Director Howard Hendrick said. “This process will do a lot of good and I’m glad to be part of it.”

DHS commissioners also expressed support for the group’s plans.

“We are fully committed to building a better DHS for the 21^st century and appreciate the opportunity to collaborate with Speaker Steele and all legislators in this process,” said incoming Oklahoma Commission for Human Services Chairman Brad Yarbrough. “It won’t be easy, but the best work never is. We stand ready for the challenge.”

The Oklahoma Public Employees Association also expressed support for the House plan.

“We appreciate these representatives for their willingness to get out of the Capitol to spend time with the workers who are on the ground protecting Oklahoma’s children,” said OPEA Executive Director Sterling Zearley. “The front line employees’ unique perspective and their experience will be valuable in this critical process.”

Rep. Ron Peters, chairman of the House Appropriations and Budget Subcommittee on Human Services, said he is appreciative of the work the group plans to do.

“I am thrilled to see my colleagues and DHS working together on solutions. It’s the right thing to do and I commend them for it,” said Peters, R-Tulsa. “I stand ready to assist in any way.”

“As a state, we must all work together to prevent the abuse and neglect of our most vulnerable citizens,” Fallin said. That’s especially true when it comes to child abuse and the heart-breaking deaths of children in state custody. We have, unfortunately, seen too many instances of both recently, and the current results are unacceptable. Today’s announcement puts us on a path to reform our systems of child welfare and better protect vulnerable Oklahomans.”