Politics & Government

SC agency in charge of child welfare gets first order of positive progress from judge

The Department of Social Services in August 2023 was given its first maintenance of effort order from a federal judge overseeing the Michelle H. lawsuit settlement.
The Department of Social Services in August 2023 was given its first maintenance of effort order from a federal judge overseeing the Michelle H. lawsuit settlement.

The S.C. state agency charged with the care of foster children has received a positive progress report for the first time from a judge overseeing the settlement of a lawsuit against the agency.

Federal Judge Richard Gergel last week issued what’s known as a “maintenance of effort” order to the Department of Social Services, as the agency is meeting specific target metrics related to children in foster care.

Those metrics include how well DSS tends to the health care needs, education and mental health of children in the agency’s custody, as well as the size of caseloads for DSS employees.

This is the first time the state has been recognized for its progress since the 2016 Michelle H. lawsuit settlement, where the agency agreed to make improvements to its foster care system.

“We know we have a lot of work to do and still have struggles we are working to overcome,” said DSS Director Michael Leach, who joined the agency in 2019. “It is gratifying to recognize our progress along the way meeting some of our goals, knowing that we are currently making a positive difference in the lives of children and youth in foster care.”

Leach has said on average it takes 17 years for a state to ultimately exit from a settlement agreement.

In 2015, the agency was sued for overly relying on group home or congregate care settings rather than family-like settings and for not meeting the medical and food needs of children in foster care.

Since the 2016 settlement, the agency has aimed to invest more money for case managers, treatment programs, programs to help foster families navigate financial assistance programs and employee raises, among other initiatives to improve the care of children.

During the 2022-23 state budget process, the agency received $39.2 million more in annual money from lawmakers to continue to comply with requirements of the Michelle H. settlement agreement. The money helped pay for an agency child welfare salary plan that rewards workers based on years of service and how much education they have.

DSS Director of Communications and External Affairs Connelly-Anne Ragley said without that additional money, the agency’s ongoing transformation of its child well-being system would grind to a halt.

“DSS professionals have signed on to a career in service to their community and they want to help children, teens and families achieve permanency and stability,” Leach said. “This is a sign that the resources, including investments by the South Carolina General Assembly, and initiatives led by the agency are working. We are getting better at our work, and we are going to keep improving.”

This story was originally published August 8, 2023 at 11:49 AM.

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Joseph Bustos
The State
Joseph Bustos is a state government and politics reporter at The State. He’s a Northwestern University graduate and previously worked in Illinois covering government and politics. He has won reporting awards in both Illinois and Missouri. He moved to South Carolina in November 2019 and won the Jim Davenport Award for Excellence in Government Reporting for his work in 2022. Support my work with a digital subscription
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