|
More than 30 state child welfare systems are under court order to improve their policies and practices through systemic child welfare reform litigation. The court orders, standards, and requirements vary state-to-state, but there is consensus that substantial planning and collaboration are ultimately necessary for reform measures to benefit the millions of children who depend on these systems to ensure their safety and well-being.
The National Center for Youth Law, the Center for Study of Social Policy in Washington, DC, and Vanderbilt Law School are seeking funding to hold a national "Lessons Learned" Symposium with the goal of distilling the knowledge gained from 30 years of class action litigation to improve child welfare systems. The symposium would include 150-200 stakeholders who have, or had, various roles in such litigation. Lessons from every stage of the litigation would be collected and analyzed, including: - The decision to litigate or pursue other reform strategies
- Key elements of a negotiated settlement or remediated court order
- Assessment of progress and monitoring compliance
- Strategies for disengagement and the ending of federal or state court oversight
This information has never before been collected or analyzed to identify the lessons learned and the ingredients needed to improve system performance and achieve positive outcomes for children and families. The hope is that this information will help policymakers, practitioners, and others make better and more informed decisions throughout the course of child welfare litigation and accelerate the pace of progress.
One impetus for holding the symposium is the recent conclusion of NCYL's lawsuit against the state of Utah. When that lawsuit was first filed in 1993, Utah had one of the worst child welfare systems in the country. It now has one of the best. How did that happen? Will the successful reforms endure? What lessons can be learned for other states where similar reform efforts are underway?
Following the symposium, planned for late 2009/early 2010, NCYL and other conference sponsors, together with members of a core planning group, will write a report summarizing deliberations and presentations at the symposium, as well as: - History and development of child welfare class action litigation
- Scope of settlement agreements, including how they are structured, monitored and enforced, as well as outcomes and criteria for dismissal and termination
- Case studies
- Recommendations for structuring court orders and settlement agreements
- Using funding generated from settlement agreements to promote better outcomes for children and families
- Strategies for using alternative and less adversarial models to resolve conflicts
- Sustaining reform post-litigation
|
