H et al v. Haley et al

Filing 291

ORDER directing information to be provided for the next Status Conference to be held by telephone set for 12/15/2023 10:00 AM before Honorable Richard M Gergel. Details set forth in order. Signed by Honorable Richard M Gergel on 8/3/23. (cper, )

2:15-cv-00134-RMG

Date Filed 08/03/23

Entry Number 291

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Michelle H., by her next friend, Tamara
Coppinger, et al.,

)
)
)
Plaintiffs,
)
)
vs.
)
)
Henry Dargan McMaster, in his official
)
capacity as Governor of South Carolina,
)
and Michael Leach, as State Director
)
of the South Carolina Department of
)
Social Services,
)
)
Defendants.
)
)
____________________________________)

C.A. No. 2:15-0134-RMG

ORDER

The Court sets the next status conference in this matter for December 15 , 2023, at 10:00
a.m., which will be conducted via telephone conference. The status conference shall be attended
by counsel of record, the State Director of DSS, staff members responsible for budgetary
matters, other DSS executive staff whom the Director deems necessary to address issues set forth
below, and the Co-Monitors.
DSS is directed to provide the Court with the following information no later than 12:00
p.m. on December 8, 2023:
1.

Monthly data on the number and percentage of foster children in congregate care

facilities from December 1, 2022 to the present. This information should include total numbers
as well as broken down by the following age groups: 0-6, 7-12, and 13-17 years old.
2.

Monthly data on the total number of licensed foster parents from December 1,

2022 to the present. This information should include total numbers as well as broken down by

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kin/fictive kin, unrelated, and temporary licenses. Further, provide the monthly data on pending
kin/fictive kin and unrelated foster parent applications.
3.

Monthly data on the number and percentage of foster children in kin/ fictive kin

placements from December 1, 2022 to the present.
4.

Monthly data by numbers and percentages on the status of OHAN investigations

from December 1, 2022 to the present, including timely opening and closing of files, cases in
which all core witnesses were contacted, and founded and unfounded cases.
5.

Monthly data on attrition of foster care staff from December 1, 2022 to the

present broken down as follows:
A.

Total number of foster care staff who have left the agency;

B.

Total number of foster care staff who vacated their positions due
to transfer or promotion;

C.

For foster care staff who have left the agency, the number who
were employed for one year or less, and the number who had
been employed longer than one year.

6.

Monthly data since December 1, 2022 on DSS meeting its interim benchmarks

under the Healthcare Plan for regular physician, dental, and other required visits, as well as
scheduling follow-up care and assessments from such regular visits. State with specificity
actions DSS has undertaken to improve its performance in meeting the benchmarks of the
Healthcare Plan.
7.

Monthly data since December 1, 2022 for caseloads of all caseworkers

responsible for Michelle H. class members and the number and percentage of caseworkers with
caseloads which meet the interim benchmarks.

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8.

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Monthly data on the total number of children in foster care from December 1,

2022 to the present.
9.

Monthly data since December 1, 2022 on numbers of children placed in

Temporary or Emergency Placements, as referenced in Section IV(E) 4-5 of the Final Settlement
Agreement (Dkt. No. 32-1 at 12) and defined at Section II (H). (Id. at 4).
10.

Monthly data on the number of unfilled foster care positions from December 1,

2022 to the present and indicate which of these openings are in positions funded as of June 30,
2022 and those funded on or after July 1, 2022.
11.

Set forth in detail the programs and actions DSS has taken and proposed programs

and actions DSS is planning to take to address staff attrition. Set forth the schedule for
implementation of any proposed plans and actions.
12.

Set forth in detail DSS programs and actions presently in place and proposed

plans and actions DSS is planning to take to recruit new foster care staff. Set forth the schedule
for implementation of any proposed plans and actions.
13.

Set forth in detail the status of plans to partner with colleges and universities to

offer existing foster care staff opportunities to earn BSW and MSW degrees and the schedule for
implementation of such plans. Additionally, provide details regarding tuition support, contracts
conditioned on continued employment, and other features of such an educational advancement
program.
14.

Provide monthly data from December 1, 2022 to the present on the following:
A.

The percentage of worker-child visitations that met the monthly
interim benchmarks;

B.

The percentage of family visitations that met the interim benchmarks; and

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C.

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The percentage of sibling visitations that met the
interim benchmarks.

Additionally, provide details of any action DSS has implemented to confirm
the reliability of visitation data and to monitor compliance with
case worker obligations by supervisory staff to meet the benchmarks for
mandated visitations under the Final Settlement Agreement.
15.

Provide the Court in detail the agency’s efforts to document the distance between

a foster child’s placement and the child’s home and describe how that information might be used
to facilitate, where reasonably possible, local placements for foster children.
16.

Provide the Court in detail the agency’s efforts to improve, promote, and expand

merit pay for foster care staff to assist in reducing staff attrition.
17.

Provide the Court an update on the agency’s efforts to adopt and implement a

Kin-Gap program.
18.

The Court discussed at the August 3, 2023 status conference ongoing efforts to

expand the array of mental health, in-home, and community based services to support foster
parents and to stabilize placements. Set forth in detail the following:
A.

The status of efforts to obtain expanded Medicaid funding for
in home and community based mental health services;

B.

The status of discussions and actions with the Department of
Mental Health, South Carolina Department of Disabilities
and Special Needs, Department of Health and Human Services,
and other state agencies with overlapping responsibilities for children in
the foster care system;

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C.

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The status of efforts to engage provide providers to deliver
these services; and

D.

Other DSS efforts to deliver more extensive and appropriate
mental health and other services to treat the Michelle H class
and to stabilize placements.

19.

The Court discussed at the August 3, 2023 status conference challenges with

meeting family visit benchmarks under the Final Settlement Agreement and the potential need to
provide caseworkers more logistical support from providers and other agency staff in scheduling,
transporting, and (where necessary) attending family visitations. Set forth in detail plans and
actions of DSS in providing additional support to caseworkers with family visitations and other
plans and actions to comply with the family visitation requirements of the Final Settlement
Agreement.
AND IT IS SO ORDERED.

s/ Richard Mark Gergel
Richard Mark Gergel
United States District Judge
August 3, 2023
Charleston, South Carolina

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