MINUTES OF THE
CHILD WELFARE LEGISLATIVE OVERSIGHT
PANEL
Tuesday,
June 24, 2014 – 1:00 p.m. – 2655 S. Lake Erie Drive, West Valley City, Utah
Members
Present:
Sen. Allen M.
Christensen, Senate Chair
Rep. Johnny Anderson,
House Chair
Rep. Tim M. Cosgrove
Rep. Ronda Rudd
Menlove
Members
Absent:
Sen. Gene Davis
Staff
Present:
Mr. Mark Andrews,
Policy Analyst
Ms. Lee Killian,
Associate General Counsel
Ms. Lori Rammell,
Legislative Secretary
Note: A list of others present, a copy of
related materials, and an audio recording of the meeting can be found at www.le.utah.gov.
1. Committee
Business
Chair
Christensen called the meeting to order at 1:06 p.m. Sen. Davis was excused
from the meeting.
MOTION: Rep. Anderson moved to approve the
minutes of the November 12, 2013, and May 22, 2014, meetings. The motion passed
unanimously.
2. Processes for Reviewing Individual Child
Welfare Cases
Mr. Brent Platt, Director, Division
of Child and Family Services, Department of Human Services, welcomed the panel
to the division's West Valley offices. He described the process for training
caseworkers and said the division has also recently implemented supervisor
training. He discussed the support team model, designed to help caseworkers
manage stress and expectations and to aid in transparency within the division.
He acknowledged that the division is subject to intense scrutiny, so
caseworkers are taught how to respond to issues and complaints. He said there
are some formal processes in place to address complaints the division receives.
One of those processes, he said, is to refer complaints to the Office of Child
Protection Ombudsman (OCPO) within the Department of Human Services. He
described the process for ensuring that action is taken in a timely manner on
reports the division receives from the OCPO.
Mr. Platt explained the circumstances
under which a caseworker would not go alone to investigate an allegation of
abuse or neglect. He said that in the majority of cases, caseworkers do go alone.
However, to avoid accusations of inappropriate questioning of a child, caseworkers
record each interview and keep those recordings on file. Mr. Platt indicated he
would take a look at the impact of requiring more than one caseworker to go out
on an investigation.
Mr. Brad McGarry, Director, Office
of Services Review, Department of Human Services, discussed the handling of
complaints filed with the OCPO.
Mr. Paul Schaaf, Office of Child
Protection Ombudsman, Department of Human Services, explained the process his
office follows to investigate a complaint and to ensure the resolution of each
complaint.
Ms. Ashley Sumner, Constituent Services
and Communications, Division of Child and Family Services, described the
measures taken to ensure complainants’ confidentiality. She stated that a child
and family team meeting can effectively resolve many complaints. She indicated
that DCFS is working to link its system for tracking complaints with its SAFE
computer system.
Ms. Kate Hansen, Parental Defense
Alliance, asked DCFS to explain which complaints should be handled by
Constituent Services and which should be handled by the OCPO. Ms. Sumner said
that ideally Constituent Services would like to be able to handle all
complaints so that it can take ownership of the problems and learn from them. Mr.
Platt noted that allegations of abuse or neglect by a DCFS employee or DCFS
contractor are handled by the OCPO. He recommended that if a parental defense
attorney is concerned about a caseworker’s performance, that the attorney
contact the OCPO.
When asked what the Legislature can
do to support DCFS, Mr. Platt indicated that at some future time he can discuss
a DCFS “wish list” for the 2015 General Session of the Legislature.
Mr. McGarry explained how the case
process review is conducted, using a sampling of cases, and how the results of
the review are used to help regions improve their performance. He distributed three
charts, each titled "Compliance to Policy: In Home Draft Preliminary,"
which illustrate how a region’s performance compares with the performance of
other regions and the state standard for a particular measure.
Mr. Platt said that funding
prevention, early intervention, and in-home services is always something the
Legislature can do to help DCFS.
Mr. Platt indicated that he feels
comfortable with the 85% performance standards used in the case process review.
Rep. Menlove suggested that universities could be used to provide an
independent review of the performance standards used in the case process
review.
Ms. Mary Wilder, Associate Regional
Director, Salt Lake Valley Region, Division of Child and Family Services, said
that exit interviews conducted with individuals leaving DCFS employment have identified
three themes explaining why individuals leave DCFS employment: pay, the stress due
to caseload sizes and expectations, and the absence of a pathway for career
advancement.
Mr. Platt said that DCFS has been
working in partnership with the Department of Workforce Services (DWS). He said
that DCFS would be meeting with DWS the following week to discuss a pilot
program to be initiated in August that will streamline service planning for 50
families receiving services from both DWS and DCFS and will include attendance
by DWS workers at DCFS child and family team meetings.
Ms. Kristin Lambert, Services
Review Manager, Office of Services Review, Department of Human Services, explained
the office’s qualitative case review, which she said measures how the child
welfare system engages families. This is done, she said, by sending reviewers
to interview caseworkers, foster parents, biological parents, teachers, etc.
She said the feedback includes areas for improvement and areas in which a
region excels, and that the information is used to determine why some cases were
more successful than others and how those results can be replicated. She stated
that the comments collected during regional reports are not included in the
report, but are available online for those who wish to read them. She said that
any region that falls below standard is required to write an improvement plan,
and, in her experience, those plans work to motivate improvement in that
region. She cited Western Region as an example: It had a poor qualitative case review
last year but, as a result of its improvement plan, its scores went up this
year across the board. She indicated that as a result of Western Region, her
office has learned that it should pay attention to even minor declines in
performance.
3. On the Ground: The Caseworker’s and
Supervisor’s Viewpoints
Ms. Marnie Maxwell, Intake
Supervisor, Division of Child and Family Services, described DCFS’s centralized
intake operation, which answers calls 24 hours a day and takes more than 5,000
calls a month. She said its goal is to answer incoming calls as quickly as
possible so that the caller does not have time to change his or her mind and
hang up. She described how emotionally draining intake work can be and said that
it can be difficult to decide whether or not to open a case file in response to
a call.
Ms. Lauren Judd, Lead Caseworker,
Child Protective Services, Salt Lake Valley Region, Division of Child and
Family Services, described the process she follows for responding to an
allegation of abuse or neglect. She said that her job is to assess the child’s
safety and determine exactly what is going on in each case. She indicated that
the ability to de-escalate situations is a valuable skill for caseworkers.
Ms. Jamie Luna, Kinship Caseworker
and former Permanency Caseworker, Division of Child and Family Services,
described the role of DCFS permanency caseworkers. She also described the role
of DCFS kinship caseworkers, noting that kinship caseworkers are on call to
investigate potential kin placements and expedite the placement process. She noted
that kin caseworkers act as mediators between DCFS and two other agencies, the
Office of Recovery Services within the Department of Human Services and DWS.
Ms. Anna Whisler, Family Preservation
Worker, Logan Office of Northern Region, Division of Child and Family Services,
described her role as a family preservation worker. She said that she tends to
work with high-risk families and that her goal is to reduce the level of risk
to a child within 30 to 90 days so that the case can either be diverted to
lower intensity services or closed altogether. She said the most difficult part
of her job is the lack of resources for families who need them.
Mr. Warren Malupo, Permanency Caseworker,
Salt Lake Valley Region, Division of Child and Family Services, described his
work with the Transition to Adult Living program, which includes youth between 16
and 21 years of age. He said his job is to act as a hub in DCFS’ team-based
strategy. He said that the division’s highest priority is reuniting children
with their families and that a last resort is arranging for individualized
permanency. He thanked the Legislature for passing 2013 H.B. 156, which deals
with the restoration of parental rights. He also thanked the Legislature for
passing the 2014 “normalcy” bill, which allows youth in foster care to live
their lives more like teens not in foster care.
Ms. Maxwell observed that reducing
abuse and neglect is not so much a matter of teaching parenting skills, which
is relatively easy, but more a matter of providing addiction and mental health
services to those who need them.
Ms. Luna suggested that the panel
may wish to look at the prohibition on making a preliminary placement of a
child with an adopted sibling unless the adopted sibling’s parents become
licensed foster parents. The placement is prohibited because the adopted
sibling is no longer considered a blood relative of the child. She also said
that the panel may wish to look at the policy that requires kin placements to
meet the same requirements as foster care placements, and specifically
mentioned the room size requirement.
Ms. Luna clarified how decisions
are made regarding the choice of family members for kinship placements.
Mr. Platt said he would provide the
panel with information on employee turnover the following day.
Ms. Judd expressed concern that
DCFS is limited in what it can require of parents who are receiving voluntary
services from DCFS. In particular, she expressed concern that DCFS cannot
require parents to take drug tests. Mr. Platt pointed out, however, that if
DCFS has serious concerns about the safety of a child, it is not afraid to go
to court with a petition for removal.
Ms. Luna suggested that the Panel
may wish to look at allowing preliminary placements of children removed from
their homes with non-kin friends, such as a football coach or a neighbor down
the street, even though they are not licensed as foster parents. She indicated
DCFS could clear the placement with a background check and walk-through of the
home in less than an hour. By comparison, on average it takes a family two to
three months to become a licensed foster placement. Rep. Menlove and Sen.
Christensen encouraged DCFS to pursue expedited clearances for preliminary
placements.
Ms. Hansen asked under what
circumstances DCFS asks individuals to participate in voluntary drug testing.
Mr. Platt said he could discuss that with Ms. Hansen after the meeting.
Ms. Whisler expressed her worry
over how easy it is for a parent to turn a child, particularly an
out-of-control teenager, over to the state. She wondered whether a parent
should be required to show some effort at keeping a child in the home in order
for the child to be removed, and whether additional DCFS staffings should be
held prior to the child’s removal.
5. Other
Items/Adjourn
MOTION: Rep. Cosgrove moved to adjourn the
meeting. The motion passed unanimously.
Chair
Christensen adjourned the meeting at 3:27 p.m.