Committee studying child abuse, neglect deaths issue report

OKLAHOMA CITY -- The Special Review Committee studying child abuse and neglect deaths of Oklahoma children released its report today which includes both praise and criticism regarding the performance of the Oklahoma Department of Human Services and many other entities responsible for the protection of children, and also disputes previous claims made by legislators against OKDHS.

In a 38-page report containing 50 findings and 37 recommendations which took 16 months to develop, the Committee found there were many individuals, agencies, and situations which were both ‘part of the problems and part of the solutions.’

UPDATED: Community Services Initiative for Oklahomans with Intellectual and Developmental Disabilities Approved by DHS Commission

OKLAHOMA CITY -- The Human Services Commission voted 6-3 yesterday on a historic set of community service initiatives for people with intellectual and developmental disabilities supported by the agency’s Developmental Disabilities Services Division (DDSD).

During a special meeting, the Commission passed resolutions directing the two remaining state-run institutions for people with developmental disabilities, the Northern Oklahoma Resource Center in Enid (NORCE) and the Southern Oklahoma Resource Center in Pauls Valley (SORC), be closed over the next two years and the 231 residents transitioned into community homes. DDSD is currently providing services and support to more than 5,000 persons with all levels of developmental and physical disabilities to live in their own homes and communities, a proven best practice in providing care for people with disabilities. The Commission oversees DDSD.

Institutional v. Community Services FAQ

Wes Lane, Chairman
OKDHS Commission

“We realize this is an emotional decision involving change for the residents and their families as well as the employees of the facilities,” said Wes Lane, Chairman of the Human Services Commission. “We determined after studying this issue in depth for the better part of a year that this is the right decision at the right time. DDSD has spent the past 20 years developing a comprehensive community service system that provides care and support to the vast majority of people receiving services who have all levels of disabilities,” said Lane. “Community services offer more personalized care and a higher quality of life to individuals, making institutional care a thing of the past.”

Four state lawmakers said they were surprised and dismayed by the Commission’s decision to close both institutions.

The decision was surprising in that it ignored a proposal submitted by Commissioner Michael Peck to close just the Pauls Valley center and move its 123 residents to the Enid center, state Rep. John Enns, R-Enid, said.

“Ideally, we would have liked to see both stay open,” Enns said. “At the very least though, we thought the DHS commission would keep the Enid center.”

State Senator Patrick Anderson, Rep. Mike Jackson and Rep. Lisa Billy said the commissioners erred.

“I don’t support the closure of either center. I think the overall process was flawed and I was surprised by the decision,” said Jackson, R-Enid.

Both NORCE and SORC were established more than 100 years ago when that was the only option for providing care to people with intellectual and developmental disabilities. SORC was opened in 1907 and originally known as the “State Training School for White Boys,” and NORCE opened in 1909 as the “Oklahoma Institute for the Feeble Minded.” At the height of institutional care in Oklahoma, both facilities housed more than 1,000 residents.

In the 1960’s, another state-run institution was added, The Hissom Memorial Center in Sand Springs. Hissom was closed in 1994 when a group of parents filed a class action lawsuit demanding the state create community service options for their children. DDSD successfully transitioned more than 400 Hissom residents, many requiring 24-hour a day nursing care, into community homes. Long-term studies on the Hissom residents show they lead healthier, more active lives. Over the past 10 years, DDSD has successfully transitioned many residents of NORCE and SORC into community homes, typically closer to their families.

Governor Mary Fallin today praised the Oklahoma Human Services Commission for its vote to complete the state’s transition from institutional care to community services for Oklahomans with intellectual and developmental disabilities.

Gov. Mary Fallin

“The vast majority of Oklahomans currently receiving assistance through DDSD are doing so in communities,” Fallin said. “Community care offers more personalized planning and service delivery than institutional care. Additionally, outcomes for individuals in community settings have proven to be better than outcomes produced by institutional care. Completing the transition to community based services allows the state to focus its resources on the highest quality service options available.”

Today, SORC has 123 residents and NORCE has 108. Both facilities are in danger of losing their certification by the Department of Health if millions of dollars in capital improvements and repairs are not made to the aging facilities.

Because NORCE and SORC each operate large campuses built for much higher occupancy, both facilities have vacant and condemned buildings. These buildings, as well as the rest of the campus structures, require brick and mortar upkeep costs paid for with DHS and DDSD public funds.

These expenses divert money from direct services to individuals. Additionally, they contribute to a shortage of funds that has lead to a backlog of almost 7,000 individuals, currently on a waiting list, hoping to receive DDSD community services.

“We want to make sure that state tax dollars are used to actually help people with developmental disabilities, whether it’s through vocational training and placement, medical services or high quality staff support,” said Fallin. “Shifting our resources to community-based services will ensure that the greatest number of Oklahomans can get the highest quality of direct support, rather than spending tax dollars on the upkeep of large vacant buildings at the state’s two aging institutions.”

In studying this issue, Commissioners and the Governor have also visited homes in communities of people who once lived at one of the facilities, and have heard from parents and guardians of the residents, the public employees’ association, providers of community services, and national experts on transitioning people from institutions into community homes.

“The staff at NORCE and SORC have done a great service for the state, and they should be commended for their hard work and dedication,” Fallin said. “As the state shifts towards community based services, it’s our hope that many of these men and women continue their work in community settings.”

Lane echoed the Governor’s comments.

“We appreciate the dedication of all the staff at NORCE and SORC,” said Lane. “They have provided quality services to the residents and we hope they will continue to serve the residents as long as they are needed. As individuals move into the community, we hope many of the staff members choose to continue serving these individuals in community homes.”

In the resolutions passed today, the Commission pledged the agency’s support to families of NORCE and SORC throughout the transition process into community homes. It also directed that families and residents will not incur additional expenses as a result of their move.

“Every commission member understands the families’ concerns and we know that any change in living arrangements can be hard,” said Lane. “We emphasized today that we are committed to helping individuals and families make a smooth transition and that no one will be moved until all the necessary supports are in place. As we have seen with previous transitions of former NORCE and SORC residents, the families acknowledge their loved ones are better off and they have a much higher quality of life.”

Gov. Fallin reassured residents and families that the transition process would be done very carefully to protect the health and safety of the residents.

“We understand that for the men and women currently residing in NORCE and SORC, as well as their families, any transition or change in service can be difficult,” Fallin said. “It’s important for those individuals to realize, however, that we are transitioning them to community services that are more versatile and can offer them more personalized and flexible options as well as a higher quality of life. The state is absolutely committed to helping them make this transition go as smoothly as possible. It should also be clear to everyone that no one will transition out of institutional care until they locate, with the help of DDSD, a high quality community services option to address their individual needs and preferences. No one’s services will be cut off.”

Additional concerns for the commission are the nearly 7,000 families caring for loved ones at home who are on a waiting list for DDSD community services.  The waiting list continues to grow because of a shortage of funding for services.

“Many of these families who are waiting for services are caring for loved ones who have the same levels of need as the residents of NORCE and SORC, and these families are doing this on their own without any help from the state.” said Lane. “We could not, in good conscience, request an appropriation of $30 to $40 million state dollars to spend on capital improvements for buildings when funds are needed to help these families who are waiting and struggling. That is why we asked the Governor to create a new panel to develop a comprehensive plan for supporting people with developmental disabilities and their parents and families, and for addressing Oklahoma’s growing waiting list for home and community based services.”

DDSD will communicate with the parents and guardians of current residents shortly to provide information and begin the initial planning stages.

The DHS Human Resources staff and Office of Management and Enterprise Services Human Capital Management Division are ready and available to work with employees of NORCE and SORC.

Finally, the commission asks Governor Fallin to convene a panel of parents, professionals and state agency representatives to develop a comprehensive plan to support individuals with developmental disabilities and their families, as well as to address the state’s growing waiting list.

Fallin said she will take the commission’s advice and create a blue ribbon panel to develop future support plans for developmental disabilities services in Oklahoma.

“I accept the recommendation of the commission to create a new panel to explore comprehensive delivery of high quality services to Oklahomans with developmental disabilities,” Fallin said. “We expect recommendations of the panel to help us with this transition and to set the stage for further improvements in the future.”

This meeting also marked the first day on the job for new DHS Director Ed Lake, a former assistant commissioner of the Tennessee Department of Human Services.

“Although I am new to Oklahoma, I have already voiced my support for community services in lieu of institutional care for people with developmental disabilities,” said Lake. “I have been in contact with the Commission and the Governor’s office recently as they have worked up to making this decision and I am impressed with the amount of time they have all invested into this issue. I am reassured this was a well thought out and caring approach to a very difficult and emotional decision. I fully support the actions the Commission has taken and pledge my commitment to the families and residents for safe and smooth transitions.”

(Originally posted Nov. 1, 2012; updated Nov. 2)

OKDHS Chair Wes Lane discusses progress on reform

Eyewitness News 5 co-anchor Jessica Schambach visited recently with new OKDHS Chairman Wes Lane about pending reforms at the Department. Here is a link to the video of that interview. 

DHS Officials Comment on Approval of the Child Welfare Pinnacle Plan

Oklahoma City—The Oklahoma Department of Human Services received endorsement today from outside child welfare experts on a bold improvement plan for its child welfare system.

The plan, referred to as the “Oklahoma Pinnacle 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. As part of the settlement agreement, three out-of-state child welfare experts (referred to as co-neutrals) were selected to oversee the state’s improvements. 

“We are pleased to have received endorsement of this plan which outlines very ambitious goals for the agency to achieve over the next five years,” said Preston Doerflinger, Interim Director of OKDHS. “OKDHS is committed to the vulnerable children of this state and to the successful implementation of this plan.”

The plan was first submitted on Mar. 30 to the co-neutrals and since that time the monitors have worked with OKDHS officials and plaintiffs to refine the plan and ensure the initiatives outlined will achieve needed improvements in the state’s foster care system.

“To demonstrate our commitment, we have already implemented some of the initiatives in the plan such as the first of several increases to reimbursements for foster parents and salaries for child welfare specialists,” said Doerflinger. “We have also been working with the co-neutrals on performance targets and baselines which will measure our successful implementation of this plan as we move forward.”

“This is an exciting time for all of us who work in child welfare,” said Deborah Smith, Director of OKDHS Child Welfare Services. “The Pinnacle Plan’s name reflects our goals--to reach the highest point possible in our child welfare program. This plan is the result of a lot of hard work and collaboration by people who are very committed to improving our system that protects abused and neglected children."

"This is an exciting time of great reform at DHS," said Wes Lane, Chairman of the Oklahoma Commission for Human Services. "Rarely before in state history have we seen so many people all pulling the same wagon in the same direction. To our legislators, our Attorney General, our Governor and to the many DHS staff who have worked tirelessly with the Co-Neutrals to put this plan together - the Human Services Commission says a hearty thank you! With this continued unity of purpose, we will be successful and our children the better for it."

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.

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. 

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

OKDHS Commission Special Review Committee Met Yesterday

OKLAHOMA CITY -- The Special Review Committee of the OKDHS Human Services Commission held its first organizational meeting yesterday. 

The Oklahoma Constitution states that the OKDHS Commission "shall formulate policies and adopt rules and regulations for the effective administration of the duties of the department."

"In executing its role, it is incumbent upon the Commission to ensure that such policies, rules or regulations are effective in protecting the lives of children or adults in its custodial care," said Wes Lane, Chair of the Commission's Special Review Committee.

The Special Review Committee will have four primary purposes, said Lane. First, to define those situations, events, or occurrences concerning which it wishes to make a special review, including, but not limited to, the deaths of children or adults in its care. Second, the committee will establish a process in which all agencies and authorities having investigative or other insight on the subject matter can provide such reports or insight to the Committee. Third, the committee will review such information and present findings to the Commission for any necessary action. Fourth, obtain the aid of members of the community in order to expedite such reviews.

The nature of yesterday's meeting was organization, but some matters of confidentiality were also discussed. While the meeting was closed to the public, commission members were available for media interviews at the conclusion of the meeting. 

The working group of State Representatives task with recommending structural changes at OKDHS announced earlier this week by Speaker Kris Steele will be working closely with the Commission in a coordinated effort to overhaul the agency.

UPDATED ADVISORY: Speaker DHS announcement WEDNESDAY

WHO: House Speaker Kris Steele, R-Shawnee, House members who are reviewing the state Department of Human Services, DHS leaders, incoming DHS Commission Chairman Brad Yarbrough, and an Oklahoma Public Employees Association representative.

WHAT: Press conference to discuss strategies the House will use to improve DHS.

WHEN: 11 a.m. Wednesday, Oct. 19

WHERE: Governor's Blue Room, 2nd Floor Broadcast Press Room, Room 432-B, State Capitol

Speaker Steele and other House members will unveil the House’s strategy to produce better outcomes for those who come into contact with DHS, particularly children in state custody. The representatives will unveil an aggressive, four-pronged strategy to improve DHS through significant reforms to governance structure, agency structure, personnel policy and resource allocation. Steele will outline plans to work with DHS officials, commissioners and others in effort to improve the agency and increase accountability.


STATEMENT: Speaker comments on Ahonesty Hicks

According to a report by the Oklahoma Commission on Children and Youth, 17-month-old Ahonesty Hicks died May 3 from abuse. In the weeks preceding Ahonesty’s death, DHS officials decided against removing Ahonesty from her mother’s custody despite knowing her mother had recently tested positive for PCP and been involved in a domestic dispute with her boyfriend. Ahonesty’s mother’s boyfriend has been charged with Ahonesty’s murder.

“Ahonesty’s tragic and untimely death is another indication of the need to reform the policy, infrastructure and delivery of services at DHS. These outcomes must end. The House has been and will remain fully engaged in working with DHS officials at every level of the agency to identify better methods to protect our children and all our vulnerable citizens.” – House Speaker Kris Steele, R-Shawnee

Speaker Kris Steele pleased with new DHS commissioners

OKLAHOMA CITY – House Speaker Kris Steele today expressed optimism that the new appointees to the Oklahoma Commission for Human Services will help change the course of the Department of Human Services, the agency the commission oversees.

Gov. Mary Fallin today appointed Wes Lane and Brad Yarbrough to the nine-member commission.

Speaker Kris Steele
R-Shawnee

“The newest DHS commissioners have relevant experience working with children and are passionate people who will bring a much-needed new perspective to the commission,” said Steele, R-Shawnee. “Through these appointments, Governor Fallin has shown a strong commitment to improving DHS. I commend the governor for her careful attention to ensuring that Oklahoma’s most vulnerable citizens are being served in an effective manner.”

With new commissioners in place, Steele said the commission needs to take a more active oversight role over the agency.

“It’s time that the commission end its practice of protecting the status quo and instead act as the conscientious, engaged watchdog it was designed to be,” Steele said. “I am confident the commission’s newest members will help the commission take a reform-minded approach to their important duties.”

Steele called on the new commission to conduct two specific duties: A performance review of the agency director and an organizational review of the agency.

According to information provided to the Speaker’s Office by DHS commissioners, the DHS Commission has not given the director a performance review since 2004 despite commission bylaws that require an annual performance review of the director.

“Performance reviews are important to good governance because they reveal to agency leadership what they are doing well and where improvements are needed,” Steele said.

The commission also has not conducted a formal organizational review of the agency in at least the past decade despite commission bylaws that require organizational reviews every three years, according to the information from the DHS commissioners.

“DHS faces some very real organizational challenges that need to be addressed,” Steele said. “With the agency’s employee count down drastically due to budget cuts, it’s time to give the agency a top-to-bottom review and reorganize if needed. The agency’s commission must be a partner in this process.”

Steele said he is also concerned that the commission has not taken an active enough role into learning more about circumstances surrounding the deaths of children who come into contact with the agency, as well as other issues.

According to a report by the Oklahoma Commission on Children and Youth, DHS received 430 complaints of abuse and neglect in the time leading up to and surrounding the deaths or near deaths of 82 Oklahoma children between 2008 and 2009 – an average of more than five complaints per child. The commission’s report focused on children in state custody as well as children not in state custody.

“Data and continued sub-par results show something in the DHS system is flawed. It’s time that the commission in charge of the agency implements better accountability and transparency,” Steele said. “To my knowledge, the commission is rarely, if ever, briefed on the deaths of children who come into contact with DHS. That’s unacceptable and I trust it will change soon.”

Concerns about the effectiveness of the agency and its commission have grown in recent months due to continued deaths of children in and out of agency custody and multiple law enforcement inquiries into commission and agency activities.

“The new commissioners inherit a tough situation. My hope is that the commission and agency will work in a concerted effort to identify positive solutions,” Steele said.

Steele continued: “The Legislature stands ready to assist DHS by gathering information, identifying best practices and developing policies that better protect and serve the state’s most vulnerable citizens. I look forward to working with DHS leadership, employees and its commissioners in this process.”

Governor Fallin Announces Appointments to the Department of Human Services

OKLAHOMA CITY – Governor Mary Fallin today announced the appointments of Wes Lane and Brad Yarbrough to the Department of Human Services (DHS) Commission.

Gov. Mary Fallin

“Having grown up with a mother who worked as a social worker, I have respect for the hard work DHS employees do every day.  As a society, it’s incumbent upon us to protect our most vulnerable citizens,” Fallin said.  “The neglect, abuse or loss of any child is unacceptable and it’s important we have a fresh perspective to evaluate how such tragedies can be prevented.

Fallin continued, “The new appointees to the DHS Commission have a wealth of knowledge and are community leaders dedicated to assisting our children and our families. I know they are committed to addressing the problems within the child protection system that got us where we are today.”

Wes Lane

Lane of Oklahoma City 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.

He will serve a nine-year term and is replacing Dr. George Young whose term expired.

“I’m honored that Governor Fallin has selected me for this important role,” Lane said.  “As a prosecutor, it was always my priority to do everything I could to protect the most vulnerable among us. As a DHS commissioner, I’ll do the same and examine our system to ensure we’re doing all we can to protect our children.”

Yarbrough of Oklahoma City operates Pilgrim Land Services, a staffing company that serves the energy industry.  He served as director of the Office of Faith-Based and Community Initiatives during the Keating Administration.

He is a board member on Global Leadership, an international business and leadership consulting group and the Leadership Foundation of Oklahoma. He also helped open several “Hannah Houses” for women in crisis in cities across the United States.

Yarbrough is an ordained minister and counseled families and victims of the Oklahoma City bombing.  He also assisted the Red Cross and Billy Graham ministries during the disaster response to the 9/11 attacks in New York City.

Yarbrough earned a bachelor’s degree in business administration from Southern Nazarene University.  He has founded several successful companies and at age 27, took a business public serving as its chairman and chief executive.

“I’m grateful that Governor Fallin would select me to serve on the DHS Commission,” Yarbrough said. “Throughout my career, I’ve worked to improve the lives of our children and our families in Oklahoma and I’ll continue that commitment at the commission.” 

Yarbrough also will assume the role of commission chairman following the October commission meeting.  He will serve a five-year term and is replacing Bob Rawlings who resigned. 

Senate confirmation is not required for either appointment.