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Judge rejects attempt to rewrite plan for improving DCF



 
 
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Old February 11th 04, 06:10 PM
wexwimpy
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Default Judge rejects attempt to rewrite plan for improving DCF

Judge rejects attempt to rewrite plan for improving DCF
By JOHN CHRISTOFFERSEN Associated Press Writer
February 10, 2004, 5:08 PM EST
BRIDGEPORT, Conn. -- A federal judge refused Tuesday to allow the
state Department of Children and Families to renegotiate the terms of
a court-approved plan to improve the agency.
The 28-page reform plan was approved Dec. 23 by U.S. District Judge
Alan Nevas.
It includes 22 specific standards the embattled agency must reach by
2006 to be released from federal court oversight.
In denying the state's motion to reconsider, Nevas noted that all
sides expressed great confidence in the plan when it was approved, and
agreed that a court monitor would have the authority to implement it.
"And now you're not happy with some of the things he recommended and
you are backsliding," Nevas said.
The plan requires the agency to speed up adoptions, reduce worker
caseloads, increase visits to foster families and provide better
medical and mental health services.
State officials claimed some of the standards set by the court were
unreasonable and excessive and could cost the state tens of millions
of dollars.
The state did not expect that the court monitor "would basically have
a blank check," Ann Rubin, an attorney representing the state, argued.
Gov. John G. Rowland's budget recommends adding $51 million to DCF's
budget to help implement the plan.
"The defendants want to achieve the outcomes as much as anyone else in
this room," Rubin said.
In his ruling Nevas questioned the state's sincerity.
Implementing the plan would allow DCF to get out from under federal
oversight imposed following a 1989 class-action lawsuit alleging that
the state violated federal laws by not adequately protecting children.
That lawsuit led to a federal consent decree and appointment of a
federal court monitor who has watched over the department's operations
since 1992.
"Each measure in the exit plan was discussed at length with the
defendants," Nevas wrote in his ruling. "As a result of those
discussions, the court monitor made changes in the draft exit plan,
many of which were based on the (state's) comments and concerns."
Nevas reminded the state that without the exit plan, it could have
lost control of DCF.
"This agency was on the brink of receivership," he said. "The exit
plan, which was adopted, avoided that drastic measure."
A lawyer for Children's Rights Inc., a plaintiff in the 1989 lawsuit,
said he was pleased the plan will go forward as written.
"This was a shameful and frivolous attempt on the part of the state to
shirk its responsibilities and promises to its most vulnerable
children," attorney Ira Lustbader said. "They have been slammed by the
court, and their effort ultimately received the attention and
rejection it deserved."
Marc Ryan, Rowland's budget chief, said it's unfair to question the
state's sincere desire to improve the agency, just because it was
protecting its legal rights.
"We're committed to getting as much funding as we can for the agency,"
he said
http://www.newsday.com/news/local/wi...-regional-wire
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