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Court
Denies DCF Motion to Vacate Consent Decree
In September, a federal court ruled that DCF may not
be excused from the obligations of the Juan F. consent decree,
a two decade old settlement that compels DCF to comply with a number
of child welfare expectations on behalf of abused and neglected
children. This past Spring DCF asked the federal court to vacate
the Juan F. consent decree on the grounds that the agency
has "transformed" its ability to meet the needs of the children
in its custody. Lawyers for the Juan F. plaintiffs, along
with advocates such as the Center for Children's Advocacy and the
Office of the Child Advocate, ,strongly objected to DCF's request,
contending that while the agency demonstrated some improved performance,
it still failed to meet many children's basic needs for medical
and mental health services and placement with families. The Center
for Children's Advocacy filed a "friend of the court" brief asking
the federal court to maintain its oversight of DCF's compliance
with the Juan F. outcome measures. The Center told the court
numerous stories of clients who still bounce from placement to placement,
are placed in out of state treatment centers, even small children
that are left to languish in group homes while relatives wait to
be licensed to take them home. The Center pointed out that DCF has
failed to comply with obligations it undertook in just the past
few years such as increasing the number of foster families so that
the agency would not have to rely on inappropriate orphanage care
for so many children. The Center's brief underscored that according
to the neutral federal court monitor's office, DCF, even in early
2010, failed to meet the identified treatment needs of children
fifty percent of the time. The Court agreed with the child advocates
that the consent decree was still necessary to ensure state compliance
with critical child welfare outcome measures. Accordingly, DCF's
request to be relieved of its obligations under the Juan F.
consent decree was denied. The Court and the federal court monitor's
office will continue to play a critical role in ensuring the transparency
and accountability of the Department of Children and Families.
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