BELLINGHAM — The state Department of Social and Health Services must change how it works with foster children, according to a ruling Monday in an ongoing classaction lawsuit.
Whatcom County Superior Court Judge Charles Snyder ruled Monday that the state agency has not been keeping up with promises that were made in 2004 as part of a settlement in the case of Braam v. State.
The lawsuit, which was filed in Whatcom County in 1998 on behalf of 13 foster children who had suffered under the state’s system, called for DSHS to provide better oversight and care of its foster children. The lead plaintiff, 12-year-old Jessica Braam, had been placed in 34 different homes at the time the lawsuit was filed.
Under a settlement reached in 2004, DSHS agreed to work with an oversight panel to make major reforms in the areas cited in the original lawsuit, including guaranteeing safe and appropriate placements, training foster parents and guaranteeing visits among siblings.
But the plaintiffs in the case didn’t think the department had complied, so they called on the court to enforce the original decision.
In his ruling, Snyder ordered DSHS to detail within a month how it will comply with the following four areas:
Provide monthly visits starting Sept. 1.
Reduce caseloads for foster- care workers so they keep to the standard of one worker for every 18 foster children or 8 foster children with special needs.
Provide contact twice a month for siblings separated in the foster-care system.
Provide mental health and education tracking screens for children within 30 days of entry into foster care.
The Children’s Administration, which is part of DSHS, supervises about 10,300 children in foster care and handles 76,000 reports annually of child abuse and neglect.
DSHS officials hadn’t decided Monday whether to appeal the ruling.
The supplemental budget that goes into effect today provides funding for the department to hire child health and education tracking screeners and to provide sibling visits, according to DSHS. Some additional funds were also earmarked in May to speed up the process of additional social workers to provide monthly visits by Sept. 1, according to DSHS.
“It is unfortunate that this clear support from the governor and Legislature and the hard work of the Children’s Administration staff were not recognized in this ruling,” according to a statement from DSHS. The agency declined to directly answer media questions after the ruling. “It is also difficult to understand why these resources and work were not allowed to take place and make an impact before the plaintiffs pursued enforcement.”
State officials say they have made considerable progress in improving foster care, including hiring 465 additional caseworkers and supervisors over the past four years at a cost of $80 million.
But they’re also scrambling to keep up with a 16 percent increase in the number of kids in out-of-home placement over the past three years. A state study released in November concluded that the state needs an additional 1,240 workers to keep up with its rising caseload.
Snyder ordered DSHS to look at funding and if additional funding is needed to comply with the rules, then request it from the Legislature next session.
Bellingham attorney Tim Farris, who filed the original lawsuit, said Snyder’s ruling was a major victory for foster kids.
“I think it’s the most significant thing that’s happened in the 10-year history of the case,” Farris said. “It’s a landmark ruling in the case.”