Federal court agreement scaled back due to Michigan’s progress in keeping children safe

Judge Nancy G. Edmunds of the U.S. District Court of the Eastern District of Michigan has approved a stipulated order that substantially reduces the remaining requirements the Michigan Department of Health and Human Services (MDHHS) must meet for the department to be released from federal court oversight of the state’s child welfare system.

The order eliminates 31 provisions entirely and reduces the number of provisions subject to ongoing monitoring to 23, with an additional 20 requirements remaining in the agreement that are not actively monitored but will continue to be maintained by MDHHS.

There were previously 74 provisions in the agreement. The department will continue to focus efforts to keep children safe while in care and support relative placements.

State officials said the approved order was made possible by the progress MDHHS and its partners have made in keeping children safe – including exceeding standards for worker caseloads, decreasing the number of children placed in congregate care facilities and decreasing the number of children in foster care.
Among the items removed from the monitoring agreement due to substantial compliance are requirements regarding timely commencement of Children’s Protective Services investigations and supervisor oversight of service plans.

This brings Michigan closer to ending more than 15 years of court oversight, allowing MDHHS to focus more of its resources on keeping kids safe and fewer resources on complying with court reporting requirements.

Federal court monitors have been tracking progress since a 2008 settlement agreement following a 2006 lawsuit filed against the former Michigan Department of Human Services by Children’s Rights.

In 2016, the court approved an Implementation, Sustainability and Exit Plan that took the place of an earlier court agreement. The exit plan was further modified in 2019.

“Today is an incredibly important day for the State of Michigan, for children and for families,” said MDHHS Director Elizabeth Hertel. “Our efforts to keep kids safe are making a real difference, thanks to the hard work of our entire child welfare team,” Hertel said.

“We are closer to exiting federal court oversight of our child welfare system,” she said. “More importantly, we are closer to our goal of keeping all Michigan children safe. There is still more work to be done, but I am confident that our continued commitment to achieving the nation’s highest standards for child welfare will make Michigan’s child protection system a national leader.”

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