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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 Defend your civil liberties! Get information at http://www.aclu.org, become a member at http://www.aclu.org/join and get active at http://www.aclu.org/action. |
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