| Jo Ann Henrie Foreman |
 COUNTY OF MENDOCINO Grand Jury |
Telephone: (707) 463-4320 |
GRAND JURY |
Department of Social Services and Foster Parents Within the Mendocino County Department of Social Services (MCDSSY Family and Childrens Services FCS), there are few guidelines for foster parent and social worker interactions. The findings reveal insufficient administrative direction within the department. resulting in the loss of county licensed homes, inadequate training of social workers and foster parents, poor rapport between ECS and community resources, and an inadequate tracking sYstem for vacant beds in the county. This report includes recommendations for correcting deficiencies found during the investigation. REASON FOR INVESTIGATION The Grand Jury received several formal complaints concerning the Mendocino County Department of Social Services (MCDSS) Family and Children's Services (FCS) pertaining to interactions with foster parents. The complaints included FCS violations of state regulations. poor foster parent-social worker interactions, and administrative problems within ECS. PROCEDURES The investigation consisted of 29 interviews including the former and present MCDSS directors, social workers, foster parents. foster children, and a representative of the California Foster Parent Association. In addition, there were seven visits to FCS offices to review foster parent and foster child files; the Superior Court issued a court order to allow access to FCS records. Questionnaires were sent to all 117 county licensed foster parents for the past three years and to all 31 social workers in FCS. Other investigative procedures included a review of a radio broadcast regarding foster parent recruitment; viewing a video of a foster parent panel for social worker training: contact with other counties regarding foster care; information from California Department of Social Services (CDSS) Foster Child Division: and information from the California Foster Parent Association. Research also included reviewing pertinent documents relating to foster care: State of California Manual of Policies and Procedures, Division 31 Child Welfare Services Program. July 93 (Div. 3 1); State of California Foster Family Homes, Division 6 Chapter 7.5 (Div. 6 Chap. 7.5): State of California Health and Safety Code (H & 5); State of California Welfare and Institutions Code (W & I); MCDSS Memoranda (MCM:CWS); FCS staff resumes; and the Agency-Foster Parents Agreement (Addendum A) and other placement documents. FINDINGS A. Overview of Family and Childrens Services (FCS) 1. FCS is one of three divisions of the MCDSS. FCS is responsible for protecting children who are being abused, neglected. or are at risk; for strengthening and supporting families; for supervising care of children in out-of-home placement; and/or working to reunite the family.
Table 2. Placements of roster care children in December 1997
3. There are 71 active county licensed foster homes providing 178 beds. There are 23 inactive homes with current licenses, and 3 1 homes with licenses pending. FCS has a critical need for more foster homes in certain areas of the county. FCS proposed a media campaign for foster parent recruitment in April 1998. 4. Foster parents are responsible for the nurture, care, clothing, and training suited to the foster child's needs. A foster parent may give the same legal consent for that child as a parent except for the following: (I) marriage; (2) entry into the armed forces; (3) medical and dental treatment, except that consent may be given for ordinary medical and dental treatment, unless a juvenile court order expressly reserves the right to consent to the court. [H&S 1530.6] 5. The monthly rates for placement are set by the CDSS and are shown in Table 3. Table 3 Monthly rates per child for foster care placements
An FCS committee determines when specialized rates are paid to foster parents for children with special behavioral or medical needs. EFA funding includes foster parent recruitment, training, and payment; social work; and administrative costs. Group home rates range from $1,183 to $5,013 per month depending on the care level of the home. 6 The annual clothing allowance for children in out-of-home placement is shown in Table 4.: Table 4. Annual clothing allowance.
7. Amounts budgeted for foster care payments fiscal year 1997-98 are shown in Table 5. Table 5. Budgeted amounts for foster care payments for fiscal year 1997-98
8. FCS receives funding for foster parent recruitment, to act as the foster parent licensing agency for the state, and to provide foster parent training. See Table 6. Table 6 Funding received foster parent recruitment. licensing, and training
9. State licensing of foster homes is done by an FCS Licensing Supervisor and a clerk. Applicants must pass state requirements and complete 12 hours of training prior to caring for foster children and eight hours of training per year thereafter. [H & 5 1529.2] Other funding provides for foster parent training through Mendocino College. 10. Dependent foster children and their families are under the control and supervision of the Superior Court. 11. A Court Appointed Special Advocate (CASA) is a volunteer officer of the court serving as the child's voice in court, as an investigator, and as a child's rights advocate. B. Family and Childrens Services (FCS) and Foster Homes 1. FCS does not have a county policy and procedures manual for social workers, resulting in inconsistent interactions with foster parents. Instructions to foster parents vary from social worker to social worker. The only county policy provided by FCS relating to foster parents is MCM:CWS: 95/6. (Addendum #B) 2. There is inconsistent training for social workers concerning FCS county policies. Standardized training was not in place prior to the implementation of the Social Worker II Supervisor training position. Each unit supervisor was previously responsible for training new employees regarding county policies and procedures. Insufficient knowledge of policies and procedures results in inconsistent social worker interactions with foster parents. 3. Social workers misuse the waiver of seven-day notice for removal of a foster child from a foster home. Regulations state that the seven-day waiver should only be used in "unusual circumstances." [Div. 3 1-440.1] The waiver was included in the placement packet. Several foster parents reported mandatory signing which is not consistent with the intent of the regulations. Foster parents also reported the removal of children from their care without the proper seven-day notice and without a signed waiver. During the course of the investigation, the FCS administration learned of this misuse and drafted the memorandum "Written Notice To Foster Parents" MCM:CWS: 97/ in January 1998 to correct the procedure. The memorandum is being used as a working draft while the formal approval process is being completed. In spite of the administration's stated intent to correct the misuse, foster child removals after January 1998 were found when the seven-day waiver notice was not given and the foster parent was not informed of a reason for an emergency removal. These cases demonstrate inadequate communication between the administrators and line workers. 4. The Agency-Foster Parents Agreement states that the agency will "Provide the foster parent with knowledge of the background and needs of the child necessary for effective care. [Div. 3 1-405.1 .(k)] FCS Administrators state that foster parents are receiving information about children (if it is needed). but no written evidence was found to document that statement. Most foster parents reported that they had received inadequate information regarding children. A few thought that the information was adequate. Several foster parents stated that they believed social workers purposely withheld information regarding children so that the foster parent would accept the child for placement. Some thought that the social worker also lacked information. In emergency placements. social workers do not have time to gather information or do assessments. Foster parents stressed the importance of having the information (especially if the child would be difficult) in order to do adequate planning. 5. FCS does not provide a health and education record of the foster child to foster parents. California Code states: "A minor's health and education record shall be reviewed and updated. and supplied to the foster parent or foster care provider with whom the minor is placed, at the time of each placement of the minor in foster care." [W&I 16010 (b)] No foster parents interviewed or responding by questionnaire had ever received a health and education record. The absence of health and education information makes it difficult to provide appropriate care for the child. FCS provided the Grand Jury a copy of a Health-Education Passport (which would serve as a health and education record) developed by the Mendocino County CASA office. Social workers reported that the form had never been used and most had not seen it. FCS administrators indicated that the new computer system should have a form that can be used as a health and education record, but this form is not yet available. 6. The grievance procedure (or due process) has not been made available to foster parents for complaints against FCS. Regulations state: "The county shall explain the right to a review, and shall provide a copy of the grievance procedure regulations to the following parties....A foster parent at the time of licensing." [Div. 31-020.31,.312] The Agency-Foster Parents Agreement states that foster parents will be given a copy of the grievance procedure. No foster parent received a copy, leading to a perception by foster parents that there was none. During the investigation FCS published information about the grievance procedure in an October 1997 foster parent newsletter and later mailed the MCDSS "Out-of-Home Care Grievance Procedure" brochure to all county foster parents. 7. FCS policy or procedure does not routinely include foster parents in the planning process for foster children. The Agency-Foster Parents Agreement states that the Agency agrees to "Involve foster parents in future planning for the child." In interviews most foster parents said social workers did not include them in the planning process. Some foster parents felt their input was accepted. but there was no regular process. Foster parents are not included in case planning meetings to review the plan for foster children. 8. The ILS program does not include foster parents in developing ILS transitional independent living plans. The uS social worker is mandated to develop a plan for transition to independent living for each child who is 16 years of age or older and in out-of-home placement in Mendocino County. The plan addresses educational, vocational, and life-skills goals. ILS plans in foster child files were reviewed. The ILS worker and child sign the plan. Foster parents are not consulted, do not sign, and there is no procedure for including them in the process. 9. Some foster parents report that the ILS worker advises foster children to disregard the foster home rules of behavior. 1 0. Because of contlicts with the program or personnel. some foster parents will no Longer take children who are in the ILS program, resulting in fewer available placements for teenagers. FCS administrators and managers were unaware of those contlicts. 11. Children were removed from county licensed homes in an arbitrary and capricious manner without input from the foster parent involved. Cases were verified where children were moved to other foster homes with no notice, no planning between foster parents for the move, nor explanation of why the child was being moved. A few foster parents reported that they were consulted about moving a child to another foster home and participated in a plan with an orderly transition from one home to the other. 12. ECS has an inadequate tracking system for empty beds in county licensed homes. ECS relies on one clerk and the Licensing Supervisor to have a working knowledge of all beds in the county. Approximately onte a week, the licensing clerk prints a spreadsheet listing foster homes with addresses, number of beds on license, and restrictions (age, language, ethnicity), but the spreadsheet does not have available-bed information. When the licensing clerk is not on duty (illness, vacation), no new list is available. This list is not always accurate. For example referring to one weekly list, one home that was active and empty was not on the list, and another home, under licensing question and placed on "no placement" status by the Licensing Supervisor and Assistant Director. was on the list. Another possible source of information is a small (16" by 22") dry-erase board on the wall above the clerk's area with the names of a few foster parents with some (not all) available beds. Names are added to the board if a foster parent calls the secretary and asks about possible placements. These are the two sources of available placements, but neither is adequate. A social worker calls from the list on that board or the printed spreadsheet until a foster family is found. Review of documents revealed that one social worker called 12 foster parents and another called five foster parents in order to find homes for children who were being moved from one foster home to another. This is an inefficient use of social worker time. The CWS/CMS computer program may have the capability of tracking available placements, but that system has so far been ineffectual for that purpose. Answer Plus, an answering service system costing $90 per month ($45 inland! $45 coast. was set up to allow foster parents to call in when they have available beds and for social workers to call to leam what beds are available. FCS social workers and foster parents have not used the system and all interviewed thought that the system was not working. 13. More children were placed in individual foster homes than the homes' licenses allowed. Each foster home is licensed for a specific number of children, with a maximum of six. [Div. 6, Chap. 7.5 Article 2 Sect. 87010] Over-limit placements were made in some foster homes even though there were openings in others. 14. The absence of written guidelines for placing children results in arbitrarv practices. civin~ the appearance that some homes were blacklisted, even though blacklisting per se does not exist. Practices found included:
15. There is no emergency/short term placement or facility where children can be assessed and planning can occur to insure appropriate foster placement, resulting in the following:
During the course of this investigation. FCS applied to the CDSS for special funding for an emergency placement facility. CDSS reports that it is reviewing the application and researching possible funding sources. 16. Higher rates of pay for the same child have been offered by social workers to foster parents as inducement to accept children for placement. 17. FFA placements usually occur after a child has been unsuccessful in regular foster placement, although there are cases when FFA placements have been made initially when sufficient information about a foster child existed to justify the necessity of a higher level of care. Review of foster children files found that children have been placed in FFAs appropriately. County foster parents are involved in this process only to the extent that they may make recommendations to a social worker regarding a foster child. 18. Foster parents have difficulty contacting FCS personnel. One reason is that foster parents must rely on voice-mail for contact with FCS personnel. Experienced foster parents know ~o request a supervisor. Inexperienced foster parents have the most trouble with the system and also have the greatest need for the system to work. They experience the most crisis situations that require immediate access to FCS personnel. 19 During 1995 to 1997, 42 foster homes discontinued providing foster care One licen'~e was revoked: 14 foster parents moved out of the county, six adopted a child and no longer wanted to do foster care: nine decided to be FFA homes: and 1 2 decided to no longer provide foster care. There was no follow-up to find the reasons for the loss of licensees FCS has no foster parent retention procedure and no procedure for follbw-up on the potential loss of a foster parent. When interviewed, the licensing personnel were unaware of how many foster parents had left the county system during 1995-97. 20. The FCS Foster Parent Recruitment and Liaison position was filled for 10 months and has now been vacant four months. Money available in 1997-98 for foster parent recruitment and training will be lost if it is not used. 21. The licensing clerk provides support and is the FCS contact person for foster parents. She assists with foster parent mailings. 22. FCS sponsored several foster parent training sessions in early 1997, but foster parent attendance was poor. The Foster Parent Recruitment and Liaison worker attempted to meet more informally in individual foster parent homes and experienced some success before her transfer in December 1997 There is no documentation in foster parent files to show the hours of required training completed annually. 23. FCS provides inadequate follow-up and documentation concerning complaints by social workers and other agency personnel against a foster parent. Some foster parents with compliance violations were not notified that they would not receive placements. 24. FCS expectations of foster parents are not consistently communicated to foster parents, even though the Agency-Foster Parents Agreement states that foster parents agree to "Develop an understanding of the responsibilities, objectives, and requirements of the Agency in regard to the care of this child." Foster parents expressed the desire to know what FCS expects of them. For example, the department does not communicate expectations regarding interactions between foster parents and natural parents or the responsibilities of the foster parents in visits between children and their natural parents. Foster parents often do not know that they have the right to make educational decisions for a foster child (such as signing an individual education plan for special education) in the absence of a parent No foster parent handbook or other written statement of procedure is given to foster parents. A previous, undated. Mendocino County Foster Parent Handbook was obtained from FCS whose administrators indicated that it has not been used for at least four years. They admitted it would be a good idea to have a handbook. 25. No county-wide policy exists for emergency clothing payments. Foster parents report that inequitable and capricious decisions have been made regarding payment for emergency clothing. The Agency-Foster Parents Agreement states the Agency will "Provide a clothing allowance as permitted to meet initial clothing needs." Sometimes an emergency clothing allowance (county funding only), is paid in addition to the yearly clothing allowance (reimbursed by state and federal funding) which is processed when FCS knows if the child will remain in foster care placement. Most foster parents and social workers were not clear about what resources are available. Foster parents have been ~~ven conflicting messages regarding the purchase of emergency clothing. Some foster parents were told there were no funds for emergency clothing and some were told to buy clothing and that they would be reimbursed. Of these, some were not reimbursed. Some social workers felt that foster parents had abused the emergency clothing allowances. 26. Most foster parents are not aware of the FCS emergency clothes closet and that used clothing is available for foster children at the Family Center. FCS welcomes contributions to these clothing reserves. 27. As a result of the lack of administrative guidance and clearly stated policies, foster parents receive multiple and often conflicting messages when interacting with several different ~cial workers. In the FCS organization system, a different social worker handles each c :he three legal phases of foster care so that a child who enters long-term placement will h~. .e had a minimum of three social workers from three departmental units with three different supervisors in less than two years, if all the social workers and supervisors are stable in their jobs (FCS experiences a high social worker turnover rate). In addition, the child will have an emergency response on-call worker if he/she enters the system at night or on a weekend. 28. FCS participates in planning with other county departments such as mental health and public health in community-based planning groups such as the Council on Children and Youth. However, community planning does not trickle down to individual case plans. School staff working with foster children and CASA personnel had not been included in direct planning for foster children. During the period of this investigation, a CASAIFCS meeting in Ukiah one day each month was implemented in October 1997. Either a CASA or a social worker can request that a case be scheduled for consultation. Each case is allotted 30 minutes. Meetings on the coast had been dormant, but were scheduled to restart in April 1998. 29. The majority of FCS and MCDSS administrators/managers do not have educational and experiential backgrounds in social work. Managers need more social work education and casework experience to understand caseworker responsibilities as well as the relationships between social workers and foster parents. 30. There is poor documentation in FCS children's service files and foster parent files:
C. The following allegations warrant further investigation.
RECOMMENDATIONS The majority of findings could be resolved by either a clearly-defined manual of policies and procedures or effective channels of communication between the department and those outside the department with whom they deal. 1. FCS should develop a county policy and procedures manual for social workers, including information such as: [Finding #B: 1)
2. FCS should develop and distribute an up-to-date foster parent handbook. [Finding #B: 24] 3. FCS should implement the use of a health and education record for foster children. [Findings #B: 4, 5] 4. FCS should fill the Foster Parent Recruitment and Liaison position. [Findings #B: 19-23] 5. FCS should develop an efficient method for tracking available beds which enables social workers to know what placements are available. [Finding #B: 12] 6. FCS should review the "Answer Plus' system to determine its usefulness. [Finding #B: 12] 7. FCS should hold quarterly meetings between FCS and the Foster Parent Association to provide a forum for mutual communication. [Findings #B: 6-10. 17. 18, 20-24] 8. FCS should research additional funding sources for financial support to the Foster Parent Association. This would allow foster parents to be reimbursed for assisting in training for social workers and other foster parents. Funding has been available to other counties for similar programs. [Findings #B: 2, 27] 9. The Board of Supervisors should cooperate with FCS to fund, plan. and implement a county-run emergency shelter for initial or short-term placement. Child assessment and planning at the facility would allow for more appropriate foster placement and enable social workers to give foster parents essential information. An emergency shelter is a critical need for our community. [Findings #B: 4, 5, 12-15, 25, 27] 10. Reports that the Board of Supervisors usually receive emphasize the recording of dollars that flow in and out of an agency. This method does not address the efficiency or effectiveness of public programs. The Board of Supervisors should order a management audit of FCS for the following:
COMMENTS I. This investigation focused on only one important part of the foster care system. The most important function of FCS is to have effective programs for children whose parents cannot care for them. Further review regarding all aspects of FCS is warranted. 2. MCDSS direction to FCS would be helpful for developing policies and procedures. 3. The Independent Living Skills program needs to be reviewed. The program is not providing services county-wide. There is a lack of personnel and program performance accountability. 4. The Grand Jury would like to thank FCS personnel for being helpful and cooperative in providing requested information and making themselves available. FCS social workers and aides deserve commendation for persevering in providing important services under difficult conditions. RESPONSE REQUIRED I Mendocino County Department of Social Services (Recommendations 1, 9, 10) 2 Family and Childrens Services (Recommendations 1-10) 3. Mendocino County Board of Supervisors (Recommendations 9, 10)
ABBREVIATIONS
ADDENDUM B
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