Alaska’s
child welfare system is failing, dangerous and routinely violates the
rights of children, asserts a first-of-its-kind class-action lawsuit
filed against the state Office of Children’s Services in federal court
Thursday.
The
90-page complaint alleges that systemic issues have long festered in
almost every facet of Alaska’s child welfare system, and asks a federal
judge to order immediate and sweeping changes.
“There
has not, in Alaska, been a comprehensive lawsuit (on this subject)”
until now, said Mark Regan, an attorney with the Disability Law Center
of Alaska, one of the entities representing the plaintiffs.
The
lawsuit is filed on behalf of 13 child plaintiffs by a partnership of
attorneys, including the Northern Justice Project, the Disability Law
Center of Alaska, Perkins Coie and A Better Childhood, a national
nonprofit headquartered in New York. The Alaska Department of Health and
Social Services and the Office of Children’s Services are named as
defendants.
“Without
a doubt,” the class-action lawsuit represents the biggest opportunity
for foster care system reform that the state has seen, said Marcia
Robinson Lowry, the director of A Better Childhood and a longtime
litigator on child welfare issues.
DHSS and the Office of Children’s Services did not immediately respond to a request for comment about the lawsuit.
The
state of Alaska has long known about the magnitude of the problems in
its child welfare system but hasn’t acted to fix them, the lawsuit
alleges.
Robinson Lowry’s organization, A Better Childhood, has filed similar class-action lawsuits
seeking to reform child welfare systems in nearly a dozen other states
or jurisdictions, including Oregon, Indiana, West Virginia and New York
City. Some states, such as Oklahoma, have made improvements based on
court orders. Many of the lawsuits are still in progress.
Alaska’s child welfare system “is not the worst,” said Robinson Lowry. “But it’s certainly not good.”
Some
of the biggest problems in Alaska, according to the lawsuit: OCS worker
caseloads are too high, sometimes three times the national average.
Turnover is at a crisis level, topping nearly 60% annually and leading
“mission critical tasks to go unmet,” according to a legislative report
cited. Children are shuffled between foster homes too much. And Alaska
Native children, who make up nearly two-thirds of the youths in foster
care, aren’t provided with Alaska Native foster homes or other services,
violating the Indian Child Welfare Act and “often inflicting deep
wounds of cultural loss in the process.”
“All
too often, children in OCS custody face unnecessary
institutionalizations, inappropriate placements with non-relative foster
families, and unconscionable delays in receiving timely health
screenings and interventions,” Regan, with the Disability Law Center of
Alaska, said in a statement.
The
complaint includes stories about the Alaska plaintiffs, including a
16-year-old girl who’d lived at six different foster placements since
2020. Twice, the Office of Children’s Services sent her to residential
treatment centers, where she reported being overmedicated and sexually
abused by another child.
The
lawsuit describes OCS placing children in North Star Behavioral Health
Center, a locked, for-profit hospital in Anchorage, for more than 30
days “based on lack of other placement.” Another foster youth was
allegedly called a racial slur and hit by their foster parent. That
child is still in the same home. A sibling group of five racked up more
than 40 placements between the group — within one year.
Other reports, lawsuits and audits have documented similar problems with the Office of Children’s Service.
The
lawsuit seeks a court order that would force major reforms, including
ordering the state to reduce OCS worker caseloads; meet federally
required time limits for children’s case plans; provide licensing and
financial support to extended family foster placements so more kids can
live with relatives; and ensure that care recommended for kids in their
case plans actually happens. Children with disabilities would need to
get services in their home communities. And kids couldn’t be put into
hospitals like North Star simply because other foster care placements
weren’t available.
How
those changes would be funded or implemented is less clear. Other
states have made concrete changes as a result of lawsuits, Robinson
Lowry said. She cites Tennessee, which has reduced the number of
children in institutions. Oklahoma eliminated shelters where some
children were sent because foster placements weren’t available.
“Class-action lawsuits can have a major impact on child welfare systems,” she said.
SOURCE
MORE:
Class-action lawsuit says state is failing Alaska foster kids
Under the Indian Child Welfare Act, or ICWA, child welfare agencies are federally compelled to work as hard as possible to house Native foster ...