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Oswego County Process Review for Child Protective Services June 2009 Funding provided by the NYS Office of Children and Family Services Oswego County Process Review for Child Protective Services June 2009 Table of Contents Executive Summary... ‘Oswego County Process Review for Child Protective Services. Background/Context Oswego County Profile Methodology... Findings/Recommendations .....0u «Staffing ‘* Administration and Supervision ‘© Case Assignment/Coverage .. «Internal Processes, Systems and Supports + The Recent Restructuring... «= Legal Issues/Court., # Case Practice/Training nin ‘* Community Relations and Community Services.. + Next Steps Table of Contents 0 Oswego County Process Review for Child Protective Services June 2009 Executive Summary Background In the fall of 2008, after the death of Erin Maxwell, Commissioner Frances Lanigan requested that Cornell University’s School of Industrial and Labor Relations (Cornell TLR) and the Regional Otfice of the NYS Office of Children and Family Services (NYS OCFS) conduct a process review of Oswego County's Child Protective Services program. ‘The intial planning meeting, which included scope definition, was held in November, and the process review began in January of 2009. Commissioner Lanigan wanted the report to: ‘* Determine how Child Protective Services could operate more effectively; ‘* Identify organizational and day to day process/procedural barriers; and ‘+ Identify recommendations for the immediate and growing child protective demand and need for positive outcomes for children and families. ur focus has been on the organizational development aspects, including an analysis of processes, organizational structures, supervisory and management practices, barriers, and staffing. Issues related srecifically to case practice are being addressed through separate initiatives with the New York State Office of Children and Family Services, and we are coordinating our work with their findings. Context ‘The similarities in the child protective organizational, procedural, workload, and programmatic barriers faced by child welfare agencies for years across the country are striking and well documented, although the general public is sometimes not aware of many of them.' Almost all of these barriers have been, and continue to be, experienced by Oswego County DSS. Barriers include: * Changing client dynamics and needs; Growing workload, "few examples: Center forthe Study of Socal Policy, “An Examination of he State of Child Welfare and Recommendations for Action,” April 2003; The Annie E. Casey Foundation, The Unsolved Challenges of System Reform, 2003; PBS Frontline video series, Failure to Protect” 2008. (Excerpts ae available at wawpbsorg); and the New York State Citizen Review Panels for Child Protective Services, 2007, Annual Report and Recommendations. Executive Summary T Oswego County Process Review for Child Protective Services June 2009 ‘+ Insufficient and inconsistent staffing at the line and supervisory level; ‘+ High turnover (including the lack of suecession planning); ‘+ Complex, changing, and emerging federal and state legislative requirements and subsequent regulations; ‘+ Burdensome and oien out of date technology; ‘+ Complex confidentiality provisions; ‘+ Insufficient time for managers and staff to address critical issues, incl performance and training; ‘+ Slow, outdated and inflexible civil service systems in a number of states that present obstacles to hiring and promoting the most capable staff; ‘+ Inconsistent quality assurance (QA) functions; ‘+ Insufficient management/supervisory practices, as well as tense or ineffective labor relations; © Very challenging wor culty in developing and maintaining effective relationships with extemal stakeholders and community partners (schools, law enforcement, service providers, elected officials and the community at large); and ‘+ Lack of understanding by the general public ofthe complex and legal nature of child protective services. ‘When extensive media coverage follows a child fatality, as happened in Oswego County after the death of Erin Mexwell in late August of 2008, a “perfect storm” occurs in most child welfare agencies. Existing caseloads and workloads grow even higher as incoming call volume, workload, ard caseloads inevitably rise while the agency's ability to handle the increased pressures plummets. This has occurred in Oswego County as CPS reports increased 26 percent during 10/08-3/09 compared with the previous six months, and reports continue to rise. AAs has also been demonstrated, turning child welfare agencies around after a crisis can be done.’ There are no quicé fixes, however. It takes significant time, commitment; resources, leadership, community support, accountability, and oversight to make the * Olivia Golden, Reforming Child Welfare (Washington, D.C.: Urban Institute Press, July 2009), ‘Stewards of Change forthe Annie E. Casey Foundation, 2008, “Building an Interoperable Human Services System: How Allegheny County Transformed Systems, Services and Outcomes for Vulnerable Children and Families.” Executive Summary 2 Oswego County Process Review for Child Protective Services June 2009 necessary improvements and changes. Close attention to addressing the root causes of the problems needs to be sustained. ‘The widely divergent state of child welfare managerial and case practice across the country is often due to the inability of governmental systems at all levels to maintain their focus on providing needed resources and support. This is usually because these systems do not understand the critical necessity of addressing all ofthe major underlying causes cited above, and/or the economic cycles and financial pressures governments face (including unfunded mandates) result in reduced support. Oswego County Profile Oswego County is a predominately rural county of approximately 121, 395 people located on the southeastern shores of Lake Ontario and encompassing an area of 953 square miles. Accordingto the US Census Bureau, the Oswego County median household income in 2007 of $44, 854 was approximately $9,000 below the statewide average. The total number of employers in 2002 was 7, 184. Unemployment from March to April 2009 fell from 10.8 percent to 9.5 percent and was higher than the state Joblessness rates of 8.1 percent in March and 7.5 percent in April. ‘The Oswego County Department of Social Services isthe lead agency responsible for administering a variety of human services programs, including child welfare, adult protective services, child support, homeless housing, child care, employment, Home Energy Assistance Program, Food Stamps, Medicaid, and Temporary Assistance. The agency has approximately 232 full-time staf The local tax levy share of all non- Medicaid DSS programs and administration is approximately $9.5 million annually (Medicaid local share is epproximately $24 million.) Child Protective Services is one of four programs within the Adult and Family Services Division. CPS has 20.5 caseworkers, four senior caseworkers serving as supervisors and cone Case Supervisor B. Child Protective Services caseworkers” responsibilities include safety and risk assessments regarding children in the home, as well as coordinating/providing/arranging and monitoring rehabilitative services for the family if appropriate Methodology ‘Since January of 2009, NYS OCF and Comell ILR have conducted approximately sixty (60) in-depth telephone interviews, and on-site meetings and interviews, analyzed Executive Summary 3 Oswego County Process Review for Child Protective Services June 2009 ‘Oswego and statewide data, trend information and procedure related documents from Oswego DSS regarding work practices, processes and related issues over a four-month period, reviewed public reactions, analyzed and tested work processes, tracking, and ‘work management systems, and reviewed hundreds of relevant agency and New York State documents. ‘Throughout the review, we have found the Oswego County managers, supervisors, senior caseworkers, caseworkers, support staff and union representatives to be extremely helpful ‘and cooperative, We are very appreciative of their assistance. Findings/Recommendations ‘There are five key sets of findings and recommendations. 1, The volume and rate of incoming child protective work has outpaced the resources of the Department's child protective staff. The number of CPS investigations has been increasing significantly, and is seriously affecting the ability of Oswego County CPS workers to complete thorough investigations. CPS investigationshave been steadily growing over the past five years, and have increased 30 percent during that time. ‘The rate and number of investigations continues to increase, and rose 26 percent during the six-month period 10/08-3/09 ‘compared with the previous six-month period. Investigations in May of 2009 hit an all-time high (te date) of 266 CPS reports. ‘The following graph shows the increase in investigations, as well as what could be ‘expected for 2009 ifthe first quarter trend continues. Executive Summary 4 Oswego County Process Review for Child Protective Services June 2009 CPS Investigations —eNumerf nveststions Hof Investigations rex 2008 2006 2007 2008 2000 Year “Based on 01 projection ‘The May total of 12.98 new investigations per worker is double the recommended national and state workload standard. ‘The graph below shows how the workload since 2004 for Oswego CPS compares to the state and national recommended number of 72 new investigations per caseworker per year (assuming ‘a mix of mostly ex2erienced and a few new CPS workers), and again includes the projected trend for 2009 based on the first quarter Executive Summary Oswego County Process Review for Child Protective Services June 2009 Caseload Comparison rong Coty 2 FedeaState Racommendation of Investigations 2008 2005 2006 2007 2008 2008" Year ‘Based on projection, Supervisory ratios for senior CPS caseworkers until April of 2009 were 1:7, higher than the recommended ratio of one supervisor for every five caseworkers. They are now 1:5. Oswego County needs to maintain a 1:5 ratio to support quality assessment and investigative techniques. We strongly recommend additional staff be hired as soon as possible. Ifa more ‘conservative methed of averaging the number of investigations in 2008 with the ‘number of investigations during the first quarter of 2009 is used, Oswego will need to increase the number of CPS staff from 20.5 caseworkers and 4 senior caseworkers to 35.5 caseworkers and 7 senior caseworkers to meet the established standards. If projections based on the first quarter of 2009 are used, 39.5 ‘caseworkers and 8 senior caseworkers would be needed. Because of the complexity ofthe positions and the addition of new staff, we also strongly recommend a Case Supervisor B position be established to oversee and conduct the training of new caseworkers, and to assist with ongoing quality assurance. Demands on support staff increase when caseworkers are added. Its critical that clerical support be sufficient to allow caseworkers to focus on the core work. We Executive Summary 6 Oswego County Process Review for Child Protective Services June 2009 recommend that two full-time typists be added to the staff to meet anticipated needs, 2. While there are some very good managers and supervisors, supervisory practice needs to be strengthened to produce more consistency among senior ‘caseworkers. ‘The inconsistencies in supervision must be addressed, and overtime ‘may be necessary to accomplish this. Inconsistencies include: « Interpretation of procedures ‘© Quilty of on-the-job training ‘* Approaches to performance management ‘A result of the uneven quality of supervision is that new caseworkers in two units are not receiving all ofthe guidance they need, and also are at times confused about expectations. Addressing inconsistent supervision, including standards for performance, is essential and is part of the work plan related to this report. 3. Lack of sufficient systems and technology support contributes significantly to workers having less time to spend on investigations, Caseworkers often travel long distances in severe weather throughout the county. The county needs to ‘cteate more “landing zones” with computer hookups for staf in various locations. ‘The state computer system used by child welfare workers has been burdensome. While there are plans to modernize the system, there are no quick fixes. We strongly recommerd the county obtain voice activation software to expedite case recording as well 2s purchase an adequate number of laptops. (The number needed ‘would be determined once the staffing levels are set.) Atthe same time, Oswego County should ageressively pursue a 100 percent funded grant award from the OCFS portable technology initiative to support mobile technology for child protective staff There are currently six cell phones available forthe entire Division. Cell phone support is critical for worker safety and staff efficiency (e.g. contacting sources, supervisors, law enforcement and the like). Many workers use their own cell phones and are not reimbursed, and there are also concemss about having personal Executive Summary 7. Oswego County Process Review for Child Protective Services June 2009 phone numbers identified. The agency should analyze need (based on assignment of staff and report volume) and purchase the appropriate number of phones. 4. In reviewing documents prepared by Oswego County CPS managers, supervisors, and staff (including support staff, itis apparent that a proactive culture has existed for many years of developing appropriate, timely written procedures and protocols for a variety of standard operations. This includes the creation of computerized forms for recording information and tracking, The Division also has a long history of effectively analyzing and streamlining administrative processes. Less attention, however, has been paid in some instances to following the proper administrative procedures, resulting in confusion for sta. CPS must set timelines for systematically reviewing and updating protocols for standard operations and share these with staff ‘5, A review of the media accounts over the last nine months has made it very apparent that Oswego County DSS needs to significantly improve its relationship with the community. In addition, both the school systems and the agency need to find ways to strengthen their relationships and collaborate more effectively. ‘While some progres has been made in these areas, more must be done. The proposed Community Advisory Board can play a very important role in building and enhancing relaionships, and its work should begin as soon as possible. Next Steps This report outlines steps Oswego County and Oswego County DSS can take in the near future, as well as over the next several years, to help tum around a very difficult situation, Oswego County DSS, NYS OCFS and Comell ILR are developing a detailed work plan to implement recommenéations, which will include specific timelines and milestones, as ‘well as evaluation and quality assurance components. The key elements of the work plan are contained in the final section on next steps. Executive Summary 8 Oswego County Process Review for Child Protective Services June 2009 Oswego County Process Review for Child Protective Services Background In the fall of 2008, after the death of Erin Maxwell, Commissioner Frances Lanigan requested that Cornell Uriversity’s School of Industrial and Labor Relations (Comell ILR) and the Regional Office of the NYS Office of Children and Family Services (NYS OCS) conduct a process review of Oswego County's Child Protective Services program, ‘The initial planning meetng, which included seope definition, was held in November, ‘and the process review began in January of 2009. Commissioner Lanigan wanted the report to: # Determine how Child Protective Services could operate more effectively; ‘© Identify organizational and day to day process/procedural barriers; and + Identify recommendations for the immediate and growing child protective demand and need for positve outcomes for children and families. ‘Our focus has been on the organizational development aspects, including an analysis of processes, organizational structures, supervisory and management practices, and staffing. Issues related specifically to case practice are being addressed through separate initiatives with the New York State Office of Children and Family Services, and we are coordinating our work with their findings. Comell ILR has conducted process reviews with over 50 state and local district child ‘welfare agencies around the country since 1987. We have worked extensively with the ‘wo largest systems in the United States, as well as with agencies of many different sizes and configurations, urban and rural. In many instances, we were invited to participate after a high profile child fatality, or series of fatalities. Our approach reflects the structures and models used in past reviews. Our purpose isto identify areas of stress, barriers and opportunities for improvements to the delivery of appropriate child welfare services Context ‘The similarities in the child protective organizational, procedural, workload, and programmatic barriers faced by child welfare agencies for years across the country are Background/Context 9 Oswego County Process Review for Child Protective Services June 2009 striking and well documented, although the general public is sometimes not aware of many of them.' Almost all ofthese barriers have been, and continue to be, experienced by Oswego County DSS. Barriers include: Changing client dynamics and needs; Growing workload: Insufficient and inconsistent staffing at the Fine and supervisory level; High tumover (including the lack of succession planning); Complex, changing, and emerging federal and state legislative requirements and subsequent regulat ons, Burdensome and often out of date technology; Complex confidentiality provisions; Insufficient time for managers and staff to address critical issues, including performance and training; Slow, outdated and inflexible civil service systems in a number of states that present obstacles to hiring and promoting the most capable staff; Inconsistent quality assurance (QA) functions; Insufficient manag:mentsupervisory practices, as well as tense or ineffective labor relations; Very challenging work; Difficulty in developing and maintaining effective relationships with external stakeholders and community partners (schools, law enforcement, service providers, elected officials andthe community at large); and Lack of understancing by the general public of the complex and legal nature of child protective services. "A few examples: Center forthe Sudy of Social Policy, “An Examination ofthe State of Child Welfare and Recommendations for Action,” April 2003; The Annie E. Casey Foundation, The Unsolved Challenges of System Reform, 2003; PBS Frontline video series, Failure to Protect,” 2008. (Excerpts are available st worw:pbsorz; andthe New York State Citizen Review Panels for Child Protective Services, 2007, Annual Report and Recommendations Background/Context 10 Oswego County Process Review for Child Protective Services June 2009 ‘When extensive media ccverage follows a child fatality, as happened in Oswego County after the death of Erin Mexwell in late August of 2008, a “perfect storm” occurs in most child welfare agencies. Existing caseloads and workloads grow even higher as incoming call volume, workload, and caseloads inevitably rise while the agency's ability to handle the increased pressures plummets. This has occurred in Oswego County as CPS reports increased 26 percent during 10/08-3/09 compared withthe previous six months, and reports continue to rise. ‘As has also been demonsrated, turing child welfare agencies around after a ersis can be done.’ There are no quick fixes, however. It takes significant time, commitment, resources, leadership, community support, accountability, and oversight to make the necessary improvements and changes. Close attention to addressing the root causes of the problems needs to be sustained. ‘The widely divergent state of child welfare managerial and case practice across the country is often due to the inability of governmental systems at all levels to maintain their focus on providing needed resources and support. This is usually because these systems do not understand the eritical necessity of addressing all of the major underlying causes cited above, and/or the economic eycles and financial pressures governments face, (including unfunded mandates), result in reduced support ‘The many factors that contribute to child abuse and neglect are complex and challenging to overcome. While child deaths due to abuse and neglect can never be totally eliminated, their numbers can be reduced by a commitment from government at al levels to ensure the agencies charged to protect children have the proper resources, including funds for skill development. In addition, the support of local partners including provider agencies and the community at large is essential. Managing and working in child welfare environments is challenging under the best of circumstances. While managers and staff need to be held accountable for poor performance, without proper resources and support, even the best managers and staff will not be able to produce good outcomes. * Olivia Golden, Reforming Child Welfre (Washington, D.C. Urban Institut Pres, uly 2008) Stewards of Change for he Amie E. Casey Foundation, 2008, “Buin an Interoperable Human Services System: How Allegteny County Transformed Systems, Services and Outcomes for Vulnerable Children and Families” Background/Context it Oswego County Process Review for Child Protective Services June 2009 Oswego County Profile Oswego County is a predominately rural county of approximately 121, 395 people located on the southeastem shores of Lake Ontario and encompassing an area of 953, ‘square miles, The two major population centers in the cities of Oswego and Fulton are home to the State University of New York at Oswego and the Fulton Branch Campus of Cayuga County Community College, The County Legislature includes 25 districts. According to the US Census Bureau, the Oswego County median household income in 2007 of $44, 854 was approximately $9,000 below the statewide average. The 13.8 percent of residents living below the poverty level is identical tothe statewide average, and slightly above the national average of 13 percent. The total number of employers in 2002 was 7, 184. Unemployment from March to April 2009 fell from 10.8 percent to 9.5, percent and was higher than the state joblessness rates of 8.1 percent in March and 7.5 percent in April, ‘The Oswego County Department of Social Services is the lead agency responsible for administering a variety of human services programs, including child welfare, adult protective services, child support, homeless housing, child care, employment, Home Energy Assistance Program, Food Stamps, Medicaid, and Temporary Assistance. The agency has approximately 232 full-time staff, ‘The local tax levy share of all non- Medicaid DSS programs and administration is approximately $9.5 million annually. (Medicaid local share is approximately $24 million.) Child Protective Services is one of four programs within the Adult and Family Services Division. CPS has 20.5 caseworkers, four senior caseworkers serving as supervisors and ‘one Case Supervisor B. The services of one data entry operator and two part-time typists are shared with the Children’s Services units. Child Protective Services caseworkers’ responsibilities include safety and risk assessments regarding children in the home, as, well as coordinating/providing/arranging and monitoring rehabilitative services for the family if appropriate, Methodology Since January of 2009, NYS OCFS and Comell ILR have: ‘© conducted approximately sixty (60) in depth telephone interviews, and on-site ‘meetings and interviews with caseworkers, senior caseworkers, supervisors, ‘Oswego County Profile/Methodology 12 }swego County Process Review for Child Protective Services June 2009 ‘+ suppot staf, the Director of Services, the Commissioner, and union representatives ‘o review processes, work practices, and issues they felt might be barriers to achieving positive outcomes. * Conducted four(4) telephone supervisors around restruct of outcome measures terview meetings with managers and and developing related effective balanced sets ‘+ Analyzed Oswego and statewide data, trend information and procedure related documents from Oswego DSS regarding work practices, processes and related issues over a four-month period. ‘+ Reviewed publi: reactions, including press accounts and press website blog items concerning agency effectiveness. ‘* Analyzed and tested work processes, tracking, and work management systems. ‘+ Initiated discussions with Oswego DSS senior and supervisory staff on best practice work management methods specific to child welfare. ‘+ Reviewed hundreds of relevant agency and New York State documents. ‘Throughout the review, we have found the Oswego County managers, supervisors, senior caseworkers, caseworkers, support staff and union representatives to be extremely helpful and cooperative. We are very appreciative oftheir assistance. This report outlines steps Oswego County and Oswego County DSS can take in the near future, as well as over the next several years, to help tum around a very difficult situation, Oswego County DSS, NYS OCFS and Comell ILR are developing a detailed work plan to implement recommendations, which will include specific timelines and milestones, as ‘well as evaluation and quality assurance components. Findings/Recommendations Findings and recommenditions have been organized into the eight categories listed below. A section on next steps can be found at the end of the document. Staffing Administration ané Supervision Findings/Recommendations B Oswego County Process Review for Child Protective Services June 2009 Case Assignment/Coverage Intemal Processes, Systems, and Supports The Recent Restructuring Legal Issues/Court Case Practice/Training Community Relations and Community Services Within each category, we have included background information where appropriate, followed by specific findings and recommendations. The findings include both relevant strengths as well as areas in need of improvement. Staffing Effective child welfare practice relies on caseworkers spending quality time with children, families, caregivers, professional sources, collateral contacts, parents, neighbors ‘and professional service providers. In addition, positive outcomes for children served by the system depend on a motivated, well-trained workforce with manageable caseloads. Across New York State, the majority of local districts are experiencing an increase in the ‘number of reported cases of child abuse and neglect, impacted by high profile cases, as well as a law passed last year requiring more people to report suspected abuse and neglect. The state of the economy adds additional stressors to family life and is projected to result in more CPS reports and the need for more supportive and rehabilitative Recommendations for the level of child protective staffing have been established by New ‘York State, as well as by national experts. Oswego County does not have enough ‘casework staff to meet these caseload standards. ‘The Child Welfare League of America (CWLA) Standard of Excellence for Child Welfare Services and the NYS Office of Children and Family Services 2006 workload study (completed at the direction of the NYS Legislature) provide recommended caseload standards for workers and supervisors in child welfnre program areas. These recommendations are hased on the field's consensus of what constitutes best practice and are supported by findings of

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