Kenny A v. Perdue 10/27/2005 State Consent Decree Monitoring Measures
May 2008 Summary of Status of State Defendants'
Compliance with October 27, 2005 Kenny A v. Perdue Consent Decree
Table 1: Kenny A v. Perdue State | 1st Period, June 30, 2006 | 2nd Period, December 31, 2006 | 3rd Period, June 30, 2007 | 4th Period, December 31, 2007 | ||||
| Target | Reported | Target | Reported | Target | Reported | Target | Reported | |
| Measure 1: By the end of the first reporting period, at least 95% of all investigations of reports of abuse or neglect of foster children shall be commenced, in accordance with Section 2106 of the Social Services Manual, within 24 hours of receipt of report. | 95% or more | 91% | 95% or more | 87% | 95% or more | 85% | 95% or more | 86% |
| Measure 2: By the end of the first reporting period, at least 95% of all investigations of reported abuse or neglect of foster children shall be completed, in accordance with Section 2106 of the Social Services Manual, within 30 days of receipt of report. | 95% or more | 83% | 95% or more | 78% | 95% or more | 72% | 95% or more | 72% |
| Measure 3: By the end of the first reporting period, at least 99% of all investigations of reported abuse or neglect of foster children during the reporting period shall include timely, face-to-face, private contact with alleged victim, including face-to-face contact with a child who is non-verbal due to age or for any other reason. | 99% or more | 85% | 99% or more | 87% | 99% or more | 83% | 99% or more | 83% |
| Measure 4: By the end of the second reporting period, no more than 8.6% of all foster children entering custody shall have re-entered care within 12 months of the prior placement episode. | NA | 8.60% or less | 9.20% | 8.60% or less | 9.60% | 8.60% or less | 9.20% | |
| Measure 5: By the end of the first/second/fourth reporting period, no more than 1.27%/.94%/.57% of all children in foster care shall be the victim of substantiated maltreatment while in foster care. | 1.27% or less | 0.54% | 0.94% or less | 0.81% | 0.94% or less | 0.92% | 0.57% or less | 1.01% |
| Measure 6: By the end of the second/third reporting period, 90%/98% of all foster homes will not have an incident of corporal punishment within the previous 12 months. | NA | 90% or more | 100% | 98% or more | 100% | 98% or more | 100% | |
| Measure 7: By the end of the second/fourth reporting period, at least 70%/95% of all foster children entering care shall have had a diligent search for parents and relatives undertaken and documented within 90/60 days of entering foster care. | NA | 70% or more | 73% | 70% or more | ?? | 95% or more | ?? | |
| Measure 8a: Of all the children entering custody following the entry of the Consent Decree, at least 40% shall have had one of the following permanency outcomes within 12 months or less after entering custody: reunification, permanent placement with relatives, permanent legal custody, adoption, or guardianship. | 40% or more | 45% | 40% or more | 45% | 40% or more | 48% | ||
| Measure 8b: Of all children entering custody following the entry of the Consent Decree, at least 74%: (1) shall have had one of the following permanency outcomes within 12 months or less after entering custody: reunification or permanent placement with relatives; or (2) shall have had one of the following permanency outcomes within 24 months or less after entering custody: adoption, permanent legal custody or guardianship. | NA | NA | NA | 74% or more | 50% | |||
| Measure 9: Children in custody for up to 24 months and still in custody upon entry of the Consent Decree (children in the "24 backlog pool"): For all children in the 24 month backlog pool, | NA | 35% or more | 49% | 40% or more | 20% | 40% or more | 20% | |
| Measure 10: Children in custody for more than 24 months and still in custody upon entry of the Consent Decree (children in the "over 24 backlog pool"): For all children in the over 24 month backlog pool, | NA | 35% or more | 36% | 35% or more | 9% | 35% or more | 9% | |
| Measure 11: By the end of the second reporting period, for all children whose parental rights have been terminated or released during the reporting period, 80% will have adoptions or legal guardianships finalized within 12 months of final termination or release of parental rights | NA | 80% or more | In the 4th period report | 80% or more | In the 4th period report | 80% or more | 74% | |
| Measure 12: For children whose parental rights have been terminated or released and the child has an identified adoptive or legal guardian resource at the time of the entry of the Consent Decree, 90% shall have had their adoptions or legal guardianships finalized within six months after the entry of the Consent Decree. | 90% or more | 94% One Time Measure | NA | NA | NA | |||
| Measure 13: For all children for whom parental rights have been terminated or released at the time of entry of the Consent Decree, and the child does not have an identified adoptive resource, 95% shall have been registered on national, regional, and local adoption exchanges, and have an individualized adoption recruitment plan or plan for legal guardianship within 60 days of the Consent Decree. | 95% or more | 100% 30% One Time Measure | NA | NA | NA | |||
| Measure 14: No more than 5% of adoptions finalized during the reporting period shall disrupt within the 12 months subsequent to the reporting period. | NA | 5% or less | In the 4th period report | 5% or less | 1% | 5% or less | 0% | |
| Measure 15: Permanency efforts (15/22): By the end of the second/fourth reporting period, at least 80%/95% of all foster children who reached the point of being in state custody for 15 of the prior 22 months, shall have had either (1) a petition for the termination of parental rights filed as to both parents or legal caregivers as applicable OR (2) documented compelling reasons in the child's case record why termination of parental rights should not be filed. | NA | 80% or more | 84% | 80% or more | 86% | 80% or more | 86% | |
| Measure 16: By the end of the second/fourth reporting period, at least 70%/80% of all foster children who entered foster care during the reporting period along with one or more siblings shall be placed with all of their siblings. | NA | 70% or more | 73% | 70% or more | 80% or more | ?? | ||
| Measure 17: By the end of the second/fourth reporting period, at least 86.7%/95% of all children in care shall have had 2 or fewer moves during the prior 12 months in custody. | NA | 86.7% or more | 90% | 86.7% or more | 84.4% | 95% or more | 91% | |
| Measure 18: By the end of the second reporting period, at least 90% of all children in care at a point in time during the reporting period shall have had 2 or fewer DFCS placement case managers during the prior 12 months in custody. | NA | 90% or more | 84% | 90% or more | 91% | 90% or more | 92% | |
| Measure 19: By the end of the second/third/fourth reporting period, at least 70%/80%/90% of all children in care shall be placed in their own county (the county from which they were removed) or within a 50 mile radius of the home from which they were removed, subject to the exceptions in Paragraph 5.C.4.b (ii) and (iii). | NA | 70% or more | 88% | 80% or more | 89% | 90% or more | 97% | |
| Measure 20: By the end of the second reporting period, at least 95% of children in care at a point in time during the reporting period shall have had at least one inplacement visit and one other visit, as defined in Section 5.D, each month by their case manager during the prior 12 months in custody. | NA | 95% or more | 16% | 95% or more | 15% | 95% or more | 14% | |
| Measure 21: By the end of the third/fourth reporting period, at least 75%/85% of all children with the goal of reunification shall have appropriate visitation with their parents to progress toward reunification. | NA | NA | 75% or more | 25% | 85% or more | 47% | ||
| Measure 22: By the end of the second reporting period, at least 90% of all children in care at a point in time during the reporting period shall have had visits between their DFCS placement case manager and their foster parent, group care, institutional or other caretaker at least one time each month during the prior 12 months in custody. | NA | 90% or more | 39% | 90% or more | 45% | 90% or more | 52% | |
| Measure 23: By the end of the second reporting period, at least 80% of children in the Class at a point in time during the reporting period who have one or more siblings in custody with whom they are not placed shall have had visits with their siblings at least one time each month during the prior 12 months in custody, unless the visit is harmful to one or more of the siblings, the sibling is placed out of state in compliance with ICPC, or the distance between the children's placement is more than 50 miles and the child is placed with a relative. | NA | 80% or more | 19% | 80% or more | 21% | 80% or more | 26% | |
| Measure 24: By the end of the second reporting period, the percentage of youth discharged from foster care at age 18 or older with a high school diploma or GED will increase over baseline by 10 percentage points. By the end of the fourth reporting period, that percentage shall increase by an additional 10 percentage points. | 65.7% baseline | 75.7% or more | 34.4% | 75.7% or more | 25% | 85.7% or more | ?? | |
| Measure 25: By the end of the first/second/fourth reporting period, at least 85%/95%/98% of all foster children in custody at a point in time during the reporting period shall be in placements that are in full approval and/or licensure status. | 85% or more | Not measured | 95% or more | 86% | 95% or more | 86% | 95% or more | 88% |
| Measure 26: By the end of the second/fourth reporting period, at least 85%/95% of foster children in custody at a point in time during the reporting period shall have all applicable language in court orders necessary to assess qualification for federal funding under Title IV-E of the Social Security Act. This outcome shall be measured for court orders entered after the entry of the Consent Decree. | NA | 85% or more | 55% | 85% or more | 42% | 95% or more | 70% | |
| Measure 27: By the end of the second/third/fourth reporting period, at least 80%/85%/95% of foster children in custody for six months or more shall have either had their six-month case plan review completed by the Juvenile Court within six months of their prior case plan review, or DFCS shall have submitted the child's six-month case plan to the Juvenile Court and filed a motion requesting a six-month case plan review within 45 days of the expiration of the six-month period following the last review. | NA | 80% or more | 70% | 85% or more | 33% | 95% or more | 46% | |
| Measure 28: By the end of the second reporting period, at least 95% of foster children in custody for 12 or more months shall have either had a permanency hearing held by the Juvenile Court within 12 months of the time the child entered foster care or had his or her last permanency hearing, or DFCS shall have submitted the documents required by the Juvenile Court for and requested a permanency hearing within 45 days of the expiration of the 12-month period following the time the child entered foster care or had his or her last permanency hearing. | NA | 95% or more | 80% | 95% or more | 70% | 95% or more | 84% | |
| Measure 29: By the end of the third reporting, no more than 5% of all children in custody of DHR/DFCS for 12 months or more shall have lapse of legal custody within the prior 13 months. | NA | NA | 5% or less | 30% | 5% or less | 3% | ||
| Measure 30: By the end of the second/fourth reporting period, at least 80%/85% of children in care shall not have any unmet medical, dental, mental health, education or other service needs, according to the service needs documented in the child's most recent case plan. | NA | 80% or more | 74% | 80% or more | 77% | 85% or more | 57% | |
| Measure 31: By the end of the second reporting period and continuing thereafter, no more than 10% of all children in foster homes shall be placed in foster care homes that exceed the capacity limits referenced in Section 5.C.4.e. of the Consent Decree, concerning the requirement that no child shall be placed in a foster home if that placement will result in more than three(3) foster children in that foster home, or a total of six (6) children in the home, including the foster family's biological and/or adopted children. | NA | 10% or less | 8% | 10% or less | 5% | 10% or less | 7% | |
Previous page: March 2008 summary of status of State Defendants' compliance with October 27, 2005 Kenny A v. Perdue Consent Decree
Next page: Kenny A v. Perdue System Improvements with Deadlines