South Carolina Settles Lawsuit

“The Department of Social Services announced Friday it settled a class-action lawsuit that alleged 11 children in foster care were abused, neglected, separated from their siblings and over-medicated.

Part of the settlement will require South Carolina to find alternatives to group homes and institutions for children.

The Post and Courier published a series of articles in 2015 titled “Warehousing our Children” that showed the state places its youngest foster children into group homes and institutions at a much higher rate than any other state in the country. Many experts find this practice troubling because research proves children tend to thrive when they live with families, not in a group setting.

More than 3,000 South Carolina children have been placed in state custody. Data provided by the Department of Social Services last year shows more than 20 percent of them lived in a group home, institution or orphanage.

Friday’s settlement also requires the Department of Social Services to reduce caseworker loads, to improve safety oversight and to make sure foster children receive adequate medical care.

“We think it’s a wonderful step forward for children in foster care,” said Sue Berkowitz, executive director of the South Carolina Appleseed Legal Justice Center.

The settlement does not award money to the foster children, Berkowitz said, adding, “It’s all systemic relief. It’s class-action relief for all of the kids who are in foster care.”

Her group, in partnership with Children’s Rights, a national advocacy organization, filed the lawsuit against South Carolina on behalf of the foster children last year.

Camden attorney Robert Butcher represents former foster children who say they were sexually abused by adults and other children in state custody. He called Friday’s settlement “dramatic.”

Similar settlements in other states have prompted major changes, he said.

“In those states, they’ve had legislatures that have had the desire to make the changes,” said Butcher, who was not involved in the class-action lawsuit. “We always talk about unfunded mandates. If it’s a mandate that no one’s supporting, we’ve got some big problems.”

Foster children have no voice in the Statehouse, Butcher said.

“Foster kids don’t have lobbyists. They don’t have special interests,” he said. “They’re going to be the first ones our politicians drop when they need to cut costs.”

Berkowitz agreed that the settlement will require the state to spend more money.

“They cannot help kids if they don’t put resources into the services that they need,” she said. “That’s part of the reason they’re in such a big mess to begin with.”

In a press release, the Department of Social Services said the settlement will avoid “prolonged, expensive litigation and allows DSS to continue to focus on implementing reforms that will improve the quality of care for children in foster care in South Carolina.”

Gov. Nikki Haley, a named defendant in the lawsuit, issued a prepared statement Friday through her spokeswoman.

“There is nothing more important than the safety of our children and our most vulnerable citizens, particularly those under the care of DSS. Whether it’s increasing the number of caseworkers or working with partners across state government and in our communities, we remain focused on strengthening DSS,” Haley said. “This settlement agreement represents yet another step in this process, and I applaud the work Director (Susan) Alford and her team do everyday.”

Department of Social Services spokeswoman Karen Wingo said Alford was not available to discuss the settlement Friday.

Alford also offered a prepared statement: “We will not reach these outcomes overnight; but our goal is to establish a strong foundation which builds a continuum of services for children that will be sustainable.”

Lawsuit demands safer conditions for S.C. foster children[The Post and Courier 6/3/16 by Lauren Sasser]

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