September 1, 2005
Omaha World-Herald
Martha Stoddard
 
LINCOLN -- Nebraska harms the children in its foster care system and deprives them of the chance for a safe and stable childhood, according to a federal lawsuit.

The lawsuit, which was to be filed today in U.S. District Court, alleges that the state fails to protect foster children and to provide them with services.

The lawsuit is being filed jointly by Children's Rights, a child welfare group based in New York City, and the Nebraska Appleseed Center for Law in the Public Interest. They were aided by attorneys from four Nebraska law firms and an international firm based in Chicago.

"Nebraska's mismanaged, overburdened and under-funded foster care system routinely further harms (foster children) and allows them to deteriorate, without the basic care, services, protection and opportunities for a permanent home that are necessary for their physical, emotional and psychological development and well-being," the lawsuit says.

Five foster children will be named as plaintiffs in the class-action suit, representing more than 6,000 children in state custody as the result of abuse, neglect, truancy or being considered uncontrollable.

Gov. Dave Heineman and five top officials of the Nebraska Health and Human Services System are named as defendants.

Kathie Osterman, a spokeswoman for Health and Human Services, said she could not comment on the lawsuit until officials have seen it. However, she said the department is starting the third year of an improvement program in which the goals are safety, permanency and well-being for children.

"The results of that show that we're on the right track and we've made progress in many areas," she said. "We are committed to reaching the goals that have been established in the plan."

The lawsuit seeks a court order requiring Nebraska to provide legally mandated care, treatment and services to foster children.

Former Gov. Mike Johanns pushed for more caseworkers and other changes in the child welfare system in 2003 after reports of nearly 30 children dying of abuse and neglect in the previous six years. The World-Herald brought those deaths to public attention in its series "Our Dead Children."

Marcia Robinson Lowry, executive director of Children's Rights, said her group began investigating conditions in Nebraska after being contacted by local people two years ago. Lowry said the group was surprised to find how poorly the state was doing.

"Few states do such a poor job in finding appropriate placements, ensuring stability and getting children adopted," she said. "Children have suffered and are suffering as a result."

Children's Rights decided to go forward with legal action only after doing extensive research and waiting to see the effects of changes the state undertook last year.

Lowry said those changes addressed only part of the problem. They focused on better identifying children at risk, but not on what happens to those children after they are removed from abusive homes.

"Once you take the kids in, they have to live someplace and they should live someplace that's good for them, that's nurturing," she said. "The fact they're not being beaten to death in state care doesn't mean they're not being destroyed."

The lawsuit alleges that Nebraska:

Moves foster children frequently and to inappropriate placements.

Leaves them too long in emergency shelters and temporary placements.

Places infants and other very young children in emergency shelters.

Overcrowds foster homes.

Allows abuse and neglect of children while in foster care.

Overuses institutional care.

Leaves children in state custody too long.

According to the lawsuit, the problems result from, among other factors, a severe shortage of foster homes, high caseloads and turnover among child protection workers, lack of basic health services for foster children, poor planning and services to move children out of foster care and into permanent homes, and inadequate payments to foster care providers.

Making needed changes will require more money and resources for child welfare, said Milo Mumgaard, executive director of the Appleseed Center.

"Our system is so lacking in funding and resources that those in the system are only able to work to avoid a tragedy and do not have the time or resources to affirmatively effect a positive change in the lives of the children and families they serve," he said.

Children's Rights, a nonprofit group, has obtained settlements in most of the child welfare cases it has filed in 14 states. Only one case, in Florida, has been dismissed.

Kathy Bigsby Moore, executive director of Voices for Children of Nebraska, said she welcomed the lawsuit.

"I think that the children in our foster care system need that attention," she said. "If a lawsuit can create the public will to address long-standing problems, I applaud that."

But Mary Jo Pankoke, executive director of the Nebraska Children and Families Foundation, said she believes the reforms under way within Health and Human Services make a lawsuit unnecessary.

It could even be counterproductive, she said, by taking resources away from the reforms.

"I think that we're moving in the right direction as a state," she said.

State Sen. Gwen Howard of Omaha, a former adoption caseworker, said she has been warning for some time that the state was at risk of legal action if changes were not made.

"I'm sorry it had to come to this," she said.