Court appointed Special Masters will monitor agency’s implementation
Just over 4 years to the day after federal a federal judge found that DFPS was violating the constitutional rights of foster children, in late December 2019 DFPS and plaintiffs in the federal lawsuit reached a settlement to establish caseload guidelines of 14-17 cases. These guidelines would apply to CPS Conservatorship, Child Care Investigations, and Residential Child Care Licensing. Starting in February, the new guidelines will be used “as guidance by supervisors who are handling caseload distribution and {DFPS’s} hiring goals.” Court appointed Special Masters will monitor the implementation of the guidelines.
The settlement is very significant because it finally establishes a level at which caseloads are considered safe by DFPS. Throughout the drawn out legal proceedings, DFPS and state leaders had claimed both that there was no need to establish a goal or range, and that Texas was so unique that it would be impossible to come up with numbers that represented a safe caseload. Prior to the settlement, DFPS was preparing to begin a court ordered caseload study, which would have further delayed implanting any guidelines.
The negative consequences of high caseloads was common knowledge, and DFPS’s own Caseload Standards Advisory Committee report from 1998 recommended very similar caseload ranges. While the agency has changed since then, technology, a mobile work force, and the highly touted use of “predictive analytics” haven’t changed the need to have enough time to give each case the attention it needs.
What about the rest of DFPS /HHSC?
Since the federal lawsuit centered around children in Permanent Managing Conservatorship, the caseload guidelines are only applied to CPS Conservatorship, Child Care Investigations, and Residential Child Care Inspectors. For the rest of DFPS and HHSC/CCL, the campaign for caseload standards (or guidelines) continues in the Capitol. Waiting another 22 years or for another federal court ruling won’t cut it- we need caseload standards now!
Our hard work to win caseload standards doesn’t start the next time Legislators are back at the Capitol – it’s happening every day!
TSEU members are working to make our issues a priority for elected officials by meeting with them in their districts to educate them about what’s happening on the frontlines and throughout our agencies. Stopping privatization, winning across the board pay raises for all staff, restoring due process rights, and establishing caseload standards are all part of the solution to improve our agency. Short cuts or relying on the promises of private contractors haven’t worked yet, and won’t improve services in the future.