Foster parents and child-welfare workers are not going to be getting the bump in reimbursement rates as promised in a state-approved child-welfare improvement plan this year.
It also appears the Oklahoma Department of Human Services won’t be meeting its goals in the Pinnacle Plan when it expires at the end of the year.
The $1.3 billion state revenue shortfall has caused massive cuts across all state agencies resulting in layoffs of teachers and the elimination or near-termination of social and educational programs. DHS is not immune, with $27 million less in state allocations next year, which triggers losses of federal matching funds in some areas.
The Legislature directed the agency not to cut from its child-welfare and developmental disabilities services divisions.
In 2012, DHS settled a federal class-action lawsuit that alleged foster children were being abused and treated poorly while in the state’s care. The result was a five-year improvement plan with an array of targeted goals in areas such as frequency of placements, worker caseloads, maltreatment in care, shelter use, and recruitment and retention of foster homes and workers.
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A monitoring panel of three out-of-state experts issue regular reports evaluating the progress of meeting the goals. Those reports have shown a mixed bag of results.
Called the Pinnacle Plan, the agreement includes incremental raises for foster parents and child-welfare social workers. The financial aspect is ultimately dependent on the state Legislature’s appropriation for the plan. DHS will be cutting from its other programs including child-care subsidies, child support enforcement and child-care licensing.
Foster parents and child-welfare workers have received the increases in pay for the previous years. For example, the rate for a foster parent caring for an infant to 5-year-old in 2012 was at $12.17 a day, and that is now at $17.30. The next — and final — raise would bring it to $18.58 daily.
“We do absolutely intend to get those done in the future,” said Tom Bates, special adviser to Gov. Mary Fallin. “This was a difficult budget year, no question about it. To the governor’s credit and to Director (Ed) Lake’s credit, child welfare will continue to stay on track and continue to make progress toward the objectives in the Pinnacle Plan. The decision to delay the final increase in foster care rates was something not done lightly at all.
“We were able to avoid rate cuts to providers, and that’s significant. We didn’t lose ground. We’ve made a lot of strides but cannot implement those this year.”
DHS plans to put the increases into place next fiscal year.
The last report from the Pinnacle Plan monitors in April showed progress in worker caseloads, caseworker visitation, ramping down shelter use and permanency through adoptions. However, non-compliance continues for rates of maltreatment in care, inadequate number of therapeutic foster homes, placement instability and lack of permanent homes for older youths. The report stressed worries about budget cuts.
“It is deeply concerning that DHS may not maintain all planned activities in this reform effort due to Oklahoma’s reported revenue failures. The gains made by DHS since 2012 are fragile, and in many instances have not taken root firmly within the agency. Following the investment of new resources to set this agency on a trajectory of reform, it could be a shattering setback for children, DHS, and this reform, if efforts now halt and progress is reversed,” states the report.
Attorney Marcia Lowry, who represented the plaintiffs in the original case through the New York-based Children’s Rights nonprofit, echoed the statement. She is currently the executive director of the national nonprofit A Better Childhood.
“Obviously we are very, very concerned,” she said. “The state has just started to make some progress, and we are not sure how the budget cuts will affect the Pinnacle Plan, except for the foster care reimbursement rate ... We know Oklahoma has had an increase in the maltreatment of children in care. That means kids who are in the state’s care are being hurt. That is serious, and that is just disgraceful.”
The Pinnacle Plan was designed for goals to be met and show sustained results by the end of the year. It is clear to officials that is not going to happen.
Bates said DHS officials have been discussing with the monitors and the plaintiffs’ attorneys how to handle this as the end of the year approaches.
“They have been very supportive in our effort to see how we continue beyond this year,” Bates said.
At a minimum, the agreement would be extended until the goals have been met. The monitors could return to federal court and request the judge issue a court order to force the state to make certain changes.
Lowry said DHS did not show any improvements for the first two years of the plan and has just recently made advancements in some crucial area. However, those have yet to show sustainability.
Questions also linger about how the cuts in other social programs will impact child-welfare, from a lack of mental health services for parents to child-care subsidies used by foster parents.
“The bottom line is the state has operated a really dysfunctional child welfare system for a long time. It took a lawsuit and an agreement to get it moving in a positive direction. The state is not where it needs to be by any means, and Oklahoma children remain in a real danger here,” Lowry said.
Originally, the plan was expected to cost an additional $30 million from the state, ramping up to about $100 million to support the improvements. In reality, the state appropriated $25 million the first year and increased it during the next two years. Then, it has fallen to the current Pinnacle Plan budget of $11.3 million.
Bates said the appropriation will be used to continue hiring front-line workers.
“We do not want to lose ground in the front-line case management,” he said. “That is critical in the improvements we’ve seen in the Pinnacle Plan. We have a ways to go in key areas. But, keeping those staffing levels where they are and the provider rates where they are will allow us, while not perfect, to make progress in certain areas.”
When the Pinnacle Plan was negotiated and approved, there was between 8,000 and 9,500 children in DHS foster care. It increased dramatically to a high of slightly more than 11,300 by 2014. It is currently at 10,248 children in care.
Last November, the governor and DHS launched the Fosters Initiative to recruit at least 1,000 more foster homes by the end of June. It’s an effort for businesses, faith groups and tribes to encourage employees and members to become foster parents. For the past four months, DHS has approved between 115 and 132 new homes.
“The reason the governor pushes the Fosters Initiative is to have an ample amount of quality foster homes available,” Bates said. “We’re making some good headway. We have some challenges in retention. Once we get a family, we need to keep them on board and communicate effectively with them.”
