Court Orders Washington State to Finish Foster Care Reforms

FOR IMMEDIATE RELEASE

July 21, 2014

CONTACT: Mary Van Cleve, Columbia Legal Services, (206) 287-8622

Today, Judge Charles Snyder of the Whatcom County Superior Court ruled that the State must finish the job of reforming the foster care system as it promised to do in a 2011 settlement agreement in Braam v. State.

Noting that the “essence” of the class-action lawsuit was about “inappropriate and insufficient levels of care and services,” the court rejected the State's request to significantly weaken the settlement agreement. The Court also rejected attempts by the State to get out of required:

• Reductions in caseloads;
• Increases in monthly visits to children and visits between siblings; and
• Improvements to caregiver training and support of caregivers.

“The Court affirmed today that the clear promises made to foster children to improve care must be kept,” said Mary Van Cleve of Columbia Legal Services (CLS), who argued the motion on behalf of the foster children. “While the State has made some significant improvements under this case, key areas still need fixing. As a result of today's ruling, the State should redouble its efforts.”

While it recognized that the State had made “enormous” changes to the foster care system under the lawsuit, the Court found that the State had not shown that it was unable to comply with the rest of the agreement.

Last December, the attorneys for the foster children sought enforcement of the Revised Settlement Agreement. In 2011, the State hailed the Revised Agreement, which followed an earlier 2004 agreement, as a “model” containing “realistic and achievable” reforms. Had the Plaintiffs not sought court enforcement, the case would have been dismissed.

The State will be required to tell the Court how it plans to comply, and the Court will review progress in 12 to 14 months. The Court found the State was in compliance on services to medically fragile children, an outcome on which it had complied for 18 of the last 24 months.

The Agreement covers all 10,000 children in foster care. More detailed data on the Braamcase can be found at www.braamkids.org andhttp://www.dshs.wa.gov/ca/about/imp_settlement.asp.

Columbia Legal Services advocates for people who face injustice and poverty. We seek to achieve social and economic justice for all, using policy reform, litigation, and innovative partnerships to reveal and end actions that harm the communities we serve.www.columbialegal.org