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Michigan's Progress Under Child Welfare Settlement Discussed in Federal Court Today

For Immediate Release: April 10, 2015

LANSING, Mich. – The Michigan Department of Health and Human Services (MDHHS) appeared today before Judge Nancy G. Edmunds in U.S. District Court for the Eastern District of Michigan to discuss the latest report under its Modified Settlement Agreement with Children’s Rights, Inc. Governor Snyder created the Michigan Department of Health and Human Services through Executive Order by combining the former departments of Community Health and Human Services.

“Protecting children is the most important work we do and I know that everyone involved has a strong desire and commitment to improve health and safety outcomes as quickly as possible for children and families in Michigan’s child welfare system,” said Nick Lyon, director of the Michigan Department of Health and Human Services.

There is always a lag with these reports so they serve as a snapshot in time and offer a retrospective rather than a prospective view of Michigan’s child welfare system. All parties acknowledged this reporting cycle differed from the previous five under the Modified Settlement Agreement that took effect in 2011, since it covers the period that includes Michigan’s launch of the Michigan Statewide Automated Child Welfare Information System (MiSACWIS), a federally-mandated data system that was a requirement under the federal oversight of Michigan’s child welfare system.

While Michigan has implemented its system the most seamlessly of any state to date, there have been challenges. According to Steve Yager, who leads Michigan’s child welfare programs, it has been a very big undertaking and the state’s data team is working fast and furiously to fix identified problems as quickly as possible as well as implement enhancements.

“We know it has been particularly frustrating for staff, who are not only learning a new system that requires more input but are also dealing with temporary lags and delays while bugs are being fixed and the system enhanced,” said Yager. “We are confident that we have continued to improve safety outcomes for children and look forward to a vastly improved data system that can demonstrate this progress beyond a doubt.”

The court-appointed federal monitors have acknowledged that Michigan’s launch of MiSACWIS as its data reporting system is going to be a valuable asset in the long run and address some of the reporting challenges Michigan has had historically.

“I applaud the state for everything you are doing,” said Edmunds. She noted that the department has made phenomenal progress and said that all parties had the shared goal of protecting children. She also noted the data collection challenges posed by MiSACWIS and spoke of her expectation that discussions between the parties will lead to reorganizing the agreement to end supervision in some areas once the data supports that and creating a better road map forward.

Michigan’s child welfare system has been under federal oversight since 2008. This is the sixth monitoring report to be filed since the modified agreement was signed in 2011. As noted, it does not reflect the most recent improvements to Michigan’s child welfare system.

Attorneys representing MDHHS highlighted the department’s continued efforts to improve safety for all children in the system and underscored recent improvements to the data system noting that the next reporting cycle would include more data proofs of compliance.

Lyon said the department is looking forward to the opportunity to meet with the plaintiffs in May to see what modifications could be made to the Modified Settlement Agreement.

“We appreciate the opportunity to sit down next month and demonstrate areas where Michigan has shown sustained compliance and safety improvements that can be removed from the list of items currently monitored,” said Lyon.

A meeting that has been scheduled in May with the plaintiffs will be facilitated by the federally appointed monitors. The goal of the meeting is to work together to identify the areas where the improvement has reached a level where they may no longer require federal oversight. In essence the department will work with the plaintiffs on a modification to the Modified Settlement Agreement in which areas, where we have demonstrated compliance over a long period of time, are removed from the list of items being monitored and tracked.

As the result of a lawsuit filed by New York-based Children’s Rights, Michigan’s child welfare system came under federal oversight in 2008. In early 2011, Michigan renegotiated the original consent decree to focus more on outcomes and less on bureaucracy and process. The resulting modified settlement agreement took effect on July 18, 2011.

To view the full report, along with earlier reports and the original modified settlement agreement, please visit: www.michigan.gov/ChildWelfareAgreement.


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