Bipartisan Demand for Oklahoma DHS Commissioners to Answer Questions to Legislature UPDATED

By on 10-14-2011 in Foster Care Reform, Oklahoma

Bipartisan Demand for Oklahoma DHS Commissioners to Answer Questions to Legislature UPDATED

State Rep. Mike Sanders, District 59 (R-Kingfisher) and Rep. Richard Morrissette, District 92 (D-OKC) are “demanding an immediate halt to business as usual by the Oklahoma Department of Human Services.”

“Fifty children – on average – continue to die annually under the care of the Department of Human Services. Oklahoma is one of four states that have had an increase in child deaths.”


““In 2008, I brought HB2596 with the intention of reducing the burden upon child welfare case workers and those who administer these cases on behalf of Oklahoma children taken into custody by the department because of abuse and neglect within the home. That legislation involved breaking the department into the three manageable divisions. The bill was not allowed to be heard in committee and children keep dyeing.[sic]” stated Rep. Morrissette in frustration.

The House of Representatives under Speaker Chris Benge did allow for a performance audit of the agency, which came with a price tag of more than $430,000. The audit report made suggestions for significant policy changes, but, to date, only a handful of those have been implemented and many others in only partial compliance.

The Department of Human Services Commission, whose task is to oversee the workings at the agency, have openly admitted to not even having read the report.”

“DHS Commissioners admit openly to failing to read the in-depth performance audit prepared by Hornby Zeller Associates.”

“Rep. Morrissette has worked on this idea of requiring answers from DHS since 2008. Rep. Sanders has been very vocal during this past session regarding particular cases within his House district dealing with DHS incompetence.

The plan Rep. Morrissette and Rep. Sanders will outline at a press conference to be held Monday, October 17, 2011 at 2 PM will involve requiring DHS Commissioners, individually, to come before the legislature to answer direct questions regarding DHS policies and practices.”

Legislators want answers to ongoing failures at DHS: “Oklahoma’s Children Deserve Immediate and Absolute Protection…They Deserve Better”
[Bixby Bulletin 10/13/11]

Update: “According to a 2009 government report Oklahoma ranks third behind New York and Mississippi in most alleged abuse and neglect in state facilities.

The Oklahoman is reporting the Oklahoma Department of Human Services misrepresented information regarding the number of children abused while in their care, stating that 99.8 percent of children in their care did not experience maltreatment while in DHS care.

The Oklahoman reports in 2009 there were 154 confirmed cases of abuse or neglect in state facilities.

Pontotoc County Sheriff John Christians said there has been an increase in child abuse lately and he hopes educating parents on how to deal with the stress of raising a child would cut down on child abuse.”

Increase in child abuse
[KXII 10/16/11 by Sara Humphrey]

Update 2:  Task Force announced. “A task force of “frustrated” lawmakers was named Wednesday by state House Speaker Kris Steele to study the Department of Human Services and recommend changes in what Steele said is an effort to better protect children who are in state custody.”

“Nelson, R-Oklahoma City, named chairman of the task force, said legislators are “frustrated,” with the revelations regarding DHS and its commissioners.

“Why are we still seeing some of the child death cases that we’re seeing? And the frustration the workers might have in carrying out their duties.”

Nelson said the task force review will include the management of agency, agency policies, the hiring, retention and training of employees and what resources, including funding, are needed.
He declined to more specific.”

“Other task force members are Republican Reps. Pam Peterson of Tulsa and Pat Ownbey of Ardmore and Democratic Reps. Rebecca Hamilton of Oklahoma City and Wade Rousselot of Wagoner.”

“Nelson said he believes the task force will have its recommendations ready in time for consideration during the next session of the Legislature, which convenes in February.”
Task force to study, recommend change at Okla. DHS
[Canadian Business 10/19/11 by Associated Press]

Update 3: “A special DHS committee reviewing child deaths initially will focus on 18 cases.
The first 18 cases all involve children who died from child abuse or neglect since Jan. 1, 2010. All were either in DHS custody or DHS officials had received complaints within the previous year that the children were being abused or neglected, said Wes Lane, chairman of the Special Review Committee.

“Thirteen more cases may be added to the initial list, depending on the results of pending autopsies, Lane said.

Additional cases will be added later, he said.

Lane made his comments Tuesday after emerging from an organizational meeting of his committee, which was closed to the public because of the confidential nature of some of the information that was discussed.”

“The Oklahoma Department of Human Services’ governing commission recently formed the Special Review Committee amid public outcry over a series of high-profile deaths involving children in DHS custody and children DHS workers failed to remove from homes despite repeated complaints of physical abuse.”

“Lane said the committee chose to initially focus on deaths since January 2010 because that’s when the child welfare agency fully implemented a new practice model for handling child welfare cases.

Lane said he is still recruiting members for his committee but hopes to complete the process within 30 days.

Dr. Robert Block, of Tulsa, president of the American Academy of Pediatrics, has agreed to serve in an advisory capacity, Lane said.

Individuals who have already agreed to serve on the committee, he said, include: Barbara Bonner, director of the Center on Child Abuse and Neglect in Oklahoma City; Terri White, commissioner of the Oklahoma Department of Mental Health and Substance Abuse Services; and Sandra Park, deputysuperintendent of Oklahoma City Public Schools.”

Oklahoma Department of Human Services committee to review recent child deaths
[The Oklahoman 11/9/11 by Randy Ellis and Robby Trammell]

Update 4: Oklahoma DHS director resigns effective February 29, 2012.

Director Howard “Hendrick said after months of prayer and consideration, he decided it is time for him to pursue other interests.

“If I don’t stop now, I won’t stop for a long time,” said Hendrick, 57. “It’s good for me to stop and take a breath, go on down the road and do something different.”

Hendrick said he does not have a plan for his next career move, though he has been approached by a few companies about employment.

“There are a billion books I want to read and (I want) to spend time with my grandkids. I feel good about this decision,” Hendrick said. “I want to take time to explore the opportunities out there.”

Hendrick told the Tulsa World in an interview Friday he was seriously considering resigning but was going to wait two months before making a decision.

“I had been writing pros and cons, and over the weekend I started writing (a resignation) letter,” Hendrick said. “The more I wrote, the more it felt right.”

That letter grew into an 11-page thank you note and reflective piece Hendrick sent to employees Tuesday.

After Hendrick’s voice cracked during his announcement at a commission meeting, a member of the crowd yelled, “We love you, Howard!” and those attending and commissioners gave him a standing ovation.

“I love the people, and I think that’s the hardest part about it,” he said.

DHS officials and commissioners have been criticized in the past year after several high-profile child deaths from abuse and neglect. The board has also been criticized for a lack of oversight.

Hendrick said he received no pressure to resign and his decision is not related to any of the pending legislative reforms. He received $164,0000 last year as DHS director.

“We live under fire in this agency,” he said. “It is no more or no less than what that has been like since I’ve been here. But what people need to appreciate is that as the economy gets worse, there is an increase in demand. At the same time, there is a decrease in resources and increase in costs to deliver services. All these things make the job difficult.”

The most significant milestone Hendrick cited was reaching a settlement agreement in the federal class-action lawsuit filed in 2008 by the New York-based nonprofit Children’s Rights, which alleged several failures in the child-welfare system.

Earlier this month, the oversight commission and nonprofit came to an agreement, which was preliminarily approved Monday by U.S. District Judge Gregory Frizzell. A fairness hearing is set for Feb. 29.

Hendrick said he wanted to resolve the lawsuit without a court consent decree in a fair and equitable manner.

“I could have retired a year ago, but I felt I should stay through the resolution of the lawsuit,” Hendrick said.

Oklahoma City attorney Kent Myers, who handled the settlement negotiations for DHS, said it was Hendrick who approached him to help bring the lawsuit to a close.

“Howard is a kind, kind person and is an example to all staff and commissioners,” Myers said. “He is a man of unquestioned integrity and enormous intellect.”

As public criticism grew last year, Gov. Mary Fallin appointed two commissioners to the board; one took over as chairman and another started a committee to review all deaths of people in custody.

House Speaker Kris Steele, R-Shawnee, formed a legislative work group to examine DHS for possible reforms in the next session.

Steele pointed to DHS improvements under Hendrick, including setting a record number for adoptions and child support collections and handling the massive increase in food-stamp eligibility.

“I appreciate the job director Hendrick has done in bringing a lot of improvements to the agency, and I commend him for his service to the state of Oklahoma,” Steele said. “I wish him the very best. He’s a fine man, and he did an admirable job.

“This is a new day at DHS, and director Hendrick deserves credit for his recent efforts to get the agency on a path to reform.”

While the oversight commission will lead the director search, Steele said he would like to see a national search conducted.

“We just want to make sure a thorough, intense process is conducted to find the right person with the skills fit for the job,” Steele said.

After Hendrick’s announcement, Commissioner Jay Dee Chase said, “This is a sad day for Oklahoma.”

Commission Chairman Brad Yarbrough praised Hendrick for his service.

“I’m confident that his future as he moves from this chapter of his life to another will be recorded with significant success,” Yarbrough said. “There is nothing but tremendous adoration, love and respect for you as a person.”

Yarbrough said the agency will continue successfully, noting transitions and changes are always difficult. He said a special meeting will likely be called to discuss the director search process.

Commissioner Richard DeVaughn said, “I know we’ll find someone to fill the position, but we’ll never be able to replace him.”

DHS says Hendrick is the current longest-serving executive of a government human services agency in the country. Before joining DHS, he served 12 years in the state Senate after working in real estate, business and tax law.

Commissioner Anne Roberts said she met Hendrick while he served as a legislator and she was director of a child advocacy group.

Roberts wiped away tears as she recalled Hendrick becoming among the first Republicans to champion tighter standards for child-care licensing and implementing education standards for teachers of newborns to preschoolers.

“With all the battles I had as a child advocate, I would start with him. Once I convinced him of something, the job was much easier,” Roberts said.

Commissioner Steven Dow called Hendrick “a man of extraordinary integrity and deep and abiding faith.”

“Howard epitomizes what it means to excel in the business of human services,” Dow said. ”

Oklahoma DHS director resigns effective Feb. 29
[Tulsa World 1/25/12 by Ginnie Graham]

Update 5:”The oversight commission of the Oklahoma Department of Human Services voted Friday to make Terri White the interim director of the agency.

White, 38, is the commissioner of the Oklahoma Department of Mental Health and Substance Abuse Services. She will serve in both positions starting March 1.

“I am happy to help out in any way for the agency to find a director, but I will not accept the position permanently,” White said. “I am fortunate to have the best job I feel I am suited for.”

The commission’s vote was unanimous after an executive session of one hour and 15 minutes. Commissioner Jay Dee Chase was not present.

White said compensation has not been discussed but that the “human resources departments of each agency will get together to talk about that.”

She said that while she is the interim DHS director, she will keep an office at both agencies in Oklahoma City, working with key staff members to make sure that operations run smoothly.

DHS Director Howard Hendrick, 57, announced his retirement Jan. 24. His last day on the payroll will be April 1, but because of accrued time off, his final day on the job will be Feb. 29.

Hendrick has led the agency for 13 years and said this is a good time to retire, specifically mentioning the settlement agreement of a federal class-action lawsuit involving child welfare.

He also said he would like to explore other career opportunities.

Before joining DHS, Hendrick served 12 years in the state Senate after working in real estate, business and tax law.

The Oklahoma Commission for Human Services also discussed a framework for starting a national search for the DHS directorship. That search is expected to be complete by July 1.

Commission Chairman Brad Yarbrough complimented White on her work as leader of the Department of Mental Health.

“That agency works closely with OKDHS, and she is familiar with our operations and services,” he said.

“We join with other state leaders who feel that she is a perfect fit to move into this position during the short term and continue moving the agency forward in a positive direction.”

DHS is the largest state agency, with more than 7,000 employees and an annual budget exceeding $2 billion.

The agency came under scrutiny last year after several high-profile child deaths were attributed to abuse and neglect.

In addition to the lawsuit’s settlement agreement, legislative reforms for DHS are being discussed through a House of Representatives work group and a foster care task force.

White was chosen to lead the Department of Mental Health and Substance Abuse Services in May 2007.

She was the first woman to serve as Oklahoma’s secretary of health, for former Gov. Brad Henry, from 2009 to 2011.

The Department of Mental Health and Substance Abuse Services has an annual budget of approximately $300 million, 1,800 employees and contractual relationships with more than 100 private providers.

White referred to DHS as a “sister agency” to the one she oversees and said she is committed to helping during the transition of leadership.

Gov. Mary Fallin released a statement touting White as a good choice for DHS interim director.

“I am confident that Terri will not only competently manage this period of transition at DHS but will also pursue improvements in services during that process,” Fallin said.

“No one cares more about Oklahoma’s most vulnerable citizens than Terri, and it is comforting to know that DHS has a dedicated public servant and steady hand at the helm while the agency searches for a permanent director.”

DHS chooses interim director
[Tulsa World 2/4/12 by Ginnie Graham]

REFORM Puzzle Piece

So they think heading 2 agencies is a good idea. Even though it is temporary, it boggles the mind.

Update 6: “Twenty-one Oklahomans have come together for eight hours once a month to understand why children are dying from abuse and neglect in the state.”

“The committee will make a report with policy recommendations to the commission, which oversees DHS, in the fall.
“What none of us wants to be is a blue-ribbon task force or panel wasting our time on things no one will pay attention to,” Lane said. “We want to see if there are common-sense things these citizens can bring to the table for possible implementation into policy. We want to present some effective, real policy-change opportunities.”
The panel is the model lawmakers used when crafting DHS governance-reform measures, which include asking voters in November to abolish the oversight commission.
If State Question 765 passes, a director hired by the governor with Senate approval would lead DHS, and four citizen advisory panels would be created to make recommendations to the director.
Rep. Jason Nelson, R-Oklahoma City, led a House work group that examined DHS programs and led to the reform measures. He said the size and scope of the agency is beyond what a nine-member volunteer commission can effectively oversee.
“Our House working group, and a lot of other people, realized you could never create a governing commission that is a manageable size that could do for the whole department what Wes’ special review committee was doing in the area of child welfare,” Nelson said. “So we finally decided we needed to recommend some rather significant changes.”
Nelson said the committee is effective because it provides a forum for diverse experts to express opinions and discuss trends. He noted that the members are volunteers and do not have decision-making power.
“That means the committee does not exercise authority over the department operations, and their (the members’) interests are much more narrow and focused,” Nelson said. “They were specifically selected because their expertise or perspective was needed for this specific task.”
The committee members started with a training session in January to understand the goals and perimeters of their work. They received presentations on the basic data regarding Oklahoma’s child abuse and neglect cases.
Members then reviewed a single case to determine how best to approach the analysis. The committee is beginning to tackle the 129 identified cases that could fit into its review. “
Document “protection”
“The committee posts its meetings and keeps minutes but closes the doors to the public when confidential records from the cases are being reviewed. These documents are protected by federal and state laws. “
[Tulsa World 6/25/12 by Ginnie Graham]
Update 7: “A new report from the Oklahoma Department of Human Services examined 135 child deaths and near deaths in the state between 2010 and 2012.
The Special Review Committee studying child abuse and neglect deaths of Oklahoma children released its report on Thursday.
Of those deaths the report shows 55 died of natural causes such as SIDS, cancer or other medical reasons, including some from medical complications resulting from drug exposure during pregnancy; 37 children who came into care as a result of Child Abuse or Neglect by a biological parent or other adult in the home, and later died as a result of the abuse/neglect; 19 children who died as a result of an accident, such as fire, car accident; 7 children as a result of abuse or neglect in a resource home and 11 children the cause was not able to be determined.
The 38-page report contains 50 findings and 37 recommendations, which took 16 months to develop. Recommendations made include spending more time investigating prior abuse when looking into a child abuse claim, giving caseworkers the ability to order an obtain drug tests, and lessening the caseloads from DHS caseworkers.
“While our task was to review the work of DHS in the role of child abuse and neglect deaths, our Committee soon discovered that while DHS had some responsibility, the conditions leading to the children’s deaths were the results of multiple omissions and commissions by any number of many groups, agencies, individuals, conditions, and factors,” said Wes Lane, chair of the 21-member, blue ribbon committee.
The committee spent more than a year conducting a broad review of 135 child deaths which occurred between 2010 and 2012.  The committee then conducted an in-depth review of 36 of those cases where the child died from either abuse or neglect and the family had some level of child welfare involvement in the 12 months preceding their deaths.  Only one of the child death cases reviewed was of a child actually in state custody at the time.
“We observed instances where other agencies were involved in the complexities of cases, times when the public did not report abuse, and other situations where law enforcement or the judicial system, or others in the community bore some of the responsibility for a child’s death,” Lane said.
Lane described the report as balanced, noting the findings are sorted among system issues, domestic violence, drug abuse, household conditions, OKDHS administrative, policy, and performance issues, and systemic issues outside of OKDHS.
“Make no mistake about it,” Lane said, “we found clear areas where DHS must improve and make changes to its policies and procedures – and we note that many changes are already underway with the Pinnacle Plan. But what we ultimately have had to sadly recognize is that there are no sure methods to predict murder or to examine the circumstances in a child’s family and be able to definitively predict what negative consequences will occur to those children.”
The committee’s report also noted that in addition to improving the child protection system, Oklahoma must find a way to address unstable family and home environments which contribute to occurrences of abuse and neglect.
OKDHS has issued its response to the committee’s report which outlines internal changes already made which address many of the committee’s recommendations, and how it will address further changes during implementation of the Pinnacle Plan, the five-year improvement plan for the state’s foster care system.
Lane encouraged the governor, legislature, agencies working with children, law enforcement, schools, and the public, to read the committee’s report in its entirety.
“The work of this Committee will be in vain if our state does not act on these findings and recommendations,” Lane said. “The citizens serving on this committee brought a lot of good old Oklahoma common sense to the table. They were deeply concerned that what we have with child abuse is far beyond just a DHS problem. It’s an ‘all of our’ problem. We need to pay attention to what they had to say.”
[Fox 23 4/4/13 by Adam Paluka]

 Update 8/September 21, 2013

“The Oklahoma Department of Human Services (DHS) is asking for proposals from qualified vendors to help resolve past due Child Protective Services (CPS) case reports.

As of Sept. 9, 2013, approximately 3,100 CPS case reports were backlogged, meaning the case is pending after 60 days. In these cases, an investigation was conducted, the children interviewed and an initial safety decision was made by CPS staff.

However, the case has not been documented in the child welfare system and closed according to DHS policy. DHS is working aggressively to address the backlog using a variety of approaches, but there will likely be around 2,000 past due cases still requiring closure.

“This backlog is the direct result of the sharp growth in the number of children in our custody combined with the lag time it takes to hire, train and deploy the many new caseworker positions we began filling at the start of the calendar year,” said  Ed Lake, DHS director.

“Our efforts to reduce what is essentially a paperwork backlog are taking significant time and resources away from child safety, foster care and permanency planning priorities.”

Approximately 65,000 allegations of possible abuse and neglect are received each year by the DHS Abuse and Neglect Hotline. Approximately half of the reports are accepted for investigation with abuse and neglect found in around 20 percent of the cases. A significant number of children are found to be in immediate danger and must be placed in the foster care system.

Many other families are offered services to remain together and the cases closed without need for further intervention. Documentation of all investigations is critical in the event any future reports are made which could indicate a pattern of problems within the family.

DHS is looking to partner with successful vendors to close all backlog cases by Jan. 31, 2014. DHS will provide training to vendors on Oklahoma State Statutes regarding child abuse investigations, CPS policy and procedures, best practices related to child abuse investigations and documentation in the child welfare system.

Interested vendors can view the request for proposals and qualifications posted on the Office of Management and Enterprise Services Central Purchasing Division website at www.ok.gov/dcs/solicit/app/viewAttachment.php?attachmentID=58857 .

A bidders’ conference will be held at 9 a.m. Friday, Sept. 13 in the Sequoyah Auditorium, 2400 N. Lincoln Blvd., Oklahoma City”

DHS seeking agencies to help with backlog of case reports

[Duncan Banner 9/14/13]

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