Kenny A vs State

Kenny A vs State
Georgia’s Child Welfare System must actively promote the opportunity for
children to grow up with in a family.
Family contacts should be maintained if non destructive.
Foster Care should be temporary.
The State is the primarily responsible for foster care and private providers
should be strictly monitored.
All children should receive the best of care.
Children should be in the least restrictive, most family like setting as possible.
Non family-like settings should be avoided.
Foster children should get the services they need for stable placements.
The Commissioner of DHR is the person in charge of child welfare.
Kenny A vs State
A Presentation
The Georgia Association of Homes and
Services for Children
July 13, 2005
Summary and Analysis
• Child will have an CCFA within 24 hours after the
72 hour hearing.
• A Family Team Meeting will be held in 3-9 days.
• Within 25 days of placement, a Multidisciplinary
Team will evaluate recommendations from FTM
• Within 30 days, a case plan will be delievered to
Juvenile Court Judge.
• Permanency Reports will be made after 13 months
in care.
• After 18 months in care, child will be assigned a
Specialized Case Manager.
• DFCS will conduct a needs assessment for
Fulton and Dekalb Counties.
• Secured through a RFP Process
• Expert to evaluation what services are
Reimbursement Rates
• Effective July 1, 2005 all foster parents
(public and private) will be reimbursed at
the following rates:
• Ages 0-6 $13.78
• Ages 7-12 15.50
• Ages 13 or older 17.75
Reimbursement Rate Taskforce
• Establishment of a Taskforce to establish a rate
structure to establish meaurable outcomes for
foster children.
• To make recommendations about Level of Care
(revisions or replacement).
• Consider various pilots in the State.
• Move toward Performance Based Contracting.
• Members: James L. Kunz, Howard A. Peters III
and Becky Butler.
• Recommendations in 120 days of signing.
Most Appropriate Placements
Assessments in 30 days or less.
Counties will have placement process in place.
Placed according to assessed needs.
Within 50 miles of their home.
No child in an emergency or temporary placement
for more than 30 days.
• Siblings placed together when possible.
• No child in a foster home with more than 3 foster
children or 6 children total.
Fairness Hearing
The deadline for submitting written comments on and objections to the
proposed settlement agreement is Thursday, September 1, 2005. Parties
and other interested persons or groups may write to the Court at the
following address:
Luther P. Thomas, Clerk
United States District Court for the Northern District of Georgia
Richard B. Russell Federal Building and Courthouse
75 Spring Street SW
Atlanta, GA 30303
Persons who wish to speak at the fairness hearing must file their request
with the Clerk of the Court by September 9, 2005 and indicate briefly
whether they wish to provide a comment or an objection, and briefly
state the nature of the comment or objection.
Group Care Restrictions
• Capacity is measured by total number of
children on a campus.
• No child under six.
• No child age 6 to 12 without written
approval of State Social Services Director.
• No child age 6 – 12 on a campus with more
than 12 children.
• Clothing needs is responsibility of DHR.
Health Screenings
Physical Health
Denatl health
Mental Health
EPSDT/Georgia Health Check Program
• Fully implemented with a plan by
December 31, 2005.
In one year:
CPS case manager – 12 cases
Ongoing Case manager – 17 cases
Placement case manager – 15 cases
Adoption case manager – 16 cases
Case Manager Supervisor – 5 case managers
Supervision of Contract Agencies
• No corporal punishment allowed.
• Agencies required to report data every 6
• Yearly licensing reviews.
• Review of 5% of agencies foster homes or
10 homes whatever is greater.
Child Placing Agencies
• All foster parents have same standards.
Outcome Measures
• 95% of CPS investigations commensed in 24
• 95% of CPS investigations completed in 30 days.
• 99% of CPS investigations will have face to face
with victim.
• No more than 8.6% of foster children will reenter
• No more than .57% of foster children will be a
victim of abuse.
• 98% of foster homes will be non corporal
Outcome Measures
• 95% of foster children will have diligent
search for relatives
• Permanency by adoption, reunification,
kinship care or permanent guardianship
• No more than 5% adoption disruptions.
• 80% placed with siblings
• 95% have less than 2 moves.
• 90% placed within 50 miles of home.
More Measures
• Graduation rates increased.
• 98% of foster homes approved fully.
Accountability Agents:
– James T. Dimas
– Sarah Morrison
Fairness Hearing
• Dates for Kenny A v. Perdue comment period and
fairness hearing
• The fairness hearing for Wednesday, September
21, 2005 at 1:30pm. At the fairness hearing Judge
Shoob will determine whether the proposed
settlement is fair, reasonable and adequate,
according to the Federal Rules of Civil Procedure,
and if it is, the final Consent Decree can be
approved. Judge Shoob’s courtroom is on the 17 th
floor of the Richard B. Russell Federal Building
located at 70 Spring St. SW 30303.
Settlement Briefing
by B.J. Walker and Ira Lustbader
Sponsored by Voices for Georgia’s Children
Georgia PBS – 14th Street, Atlanta
July 26 at 10:00 a.m.
RSVP Parker Lee
(404)521-0311 or