ChildWelfare.net - Kenny A Class Action

Kenny A v. Perdue Class Action

General Information

Quick Overview of Case (we recommend reading this first)
List of Case Accountability Agents with Contact Information
Barton Clinic March 2008 Summary of Status of State Defendants' Compliance with October 27, 2005 Kenny A v. Perdue Consent Decree

Chronology (most recent events first)

5/15/2008: Period IV (7/1/2007 to 12/31/2007) Monitoring Report Released
- Report from James T. Dimas and Sarah A. Morrison, Kenny A v. Perdue Accountability Agents (1.2M, 159 page PDF)
1/11/2008: Period I (7/1/2007 to 12/31/2007) Fulton County Compliance Report Released
- Compliance Report from William G. Jones, Kenny A v. Perdue Compliance Agent for Fulton County (0.25MB, 73 page PDF)
12/17/2007: Period III (1/1/2007 to 6/30/2007) Monitoring Report Released
- Report from James T. Dimas and Sarah A. Morrison, Kenny A v. Perdue Accountability Agents (1.3M, 170 page PDF)
9/18/2007: Foster Care Needs Assessment Released
- Fulton/DeKalb Foster Care Needs Assessment (623K, 74 page PDF)
8/8/2007: Period I (9/13/2006 to 3/13/2007) DeKalb County Child Advocacy Center Compliance Report Released
- Compliance Report from Karen B. Baynes, Kenny A v. Perdue Compliance Agent for DeKalb County (1.5MB, 23 page PDF)
6/25/2007: Fulton County Child Advocate Office Workload Study & Monitor's Interim Report Released
- Interim Report from William G. Jones, Kenny A v. Perdue Compliance Agent for Fulton County (128KB, 25 page PDF)
- Child Advocate Attorney Representation and Workload Study by Governmental Services Division, Carl Vinson Institute of Government, University of Georgia (1MB, 199 page PDF)
6/18/2007: Period II (7/1/2006 to 12/31/2006) Monitoring Report Released
- Report from James T. Dimas and Sarah A. Morrison, Kenny A v. Perdue Accountability Agents (1.3M, 182 page PDF)
11/3/2006: Period I (10/27/2005 to 6/30/2006) Monitoring Report Released
- Report from James T. Dimas and Sarah A. Morrison, Kenny A v. Perdue Accountability Agents (1M, 135 page PDF)
5/16/2006: Settlement Agreement with DeKalb County Defendants is Final
- Barton Clinic Summary of DeKalb County Consent Decree
- 3/23/2006: Proposed DeKalb County Consent Decree with Signatures
5/16/2006: Settlement Agreement with Fulton County Defendants is Final
- Barton Clinic Summary of Fulton County Consent Decree
- 2/14/2006: Proposed Fulton County Consent Decree with Signatures and Appendix
  - Notice to class
10/27/2005: The 7/5/2005 Settlement Agreement with DFCS Defendants is Final
- Order for Final Approval of Consent Decree
9/21/2005: Fairness Hearing, Oral Comments to Federal Court
- Karen Worthington's comments stressing safety concerns
- Andy Barclay's comments answering plaintiffs' 9/19/2005 brief
- Barton Clinic 10/3/2005 letter to the Court stressing safety concerns
9/19/2005: Joint (Plaintiff-State Defendant) Motion for Approval of Proposed Settlement
- Joint Motion for Final Approval
- Plaintiffs' Brief Submitted to the Court (132K, 32 page PDF)
  - page 16: Partial costs listed: State: $5M, Plaintiff: $1.8M
  - Responses to GAHSC comments:
    - page 19: Restrictions on Emergency Shelter Placements
    - page 20: Restrictions on Placements in Distant Group Homes and Institutions
    - page 21: Uniform Standards for Foster Care Providers
    - page 22: Objections to Specialized Case Managers
    - page 23: Reimbursement Rate Task Force
  - Responses to Barton Clinic comments:
    - page 23: Objections to Outcome Measures 4, 8 & 9
    - page 27: Criticism of Protection for Children Who Come to the Attention of DFCS, But Are Not Taken Into Custody
- Defendant's Brief Submitted to the Court (84K, 7 page PDF)

9/1/2005: Written Comments to Federal Court on Fairness, Reasonableness, and Adequacy of the Proposed DFCS Settlement

Georgia Assocation of Homes and Services for Children (GAHSC) Comments Submitted to the Court (680K, 10 page PDF)

Barton Clinic Comments Submitted to the Court (84K, 29 page PDF)

Settlement Reference Parties' Target Barton Clinic Request

Outcome #4, page 32 Reentry = 8.6% Change to 5%, based on past performance.

Outcome #8a, page 32 Permanency from entry cohort = 40% at 12 months Change to 60%, based on recent performance.

Outcome #9, page 33 24-month-backlog = 35% permanent at 12 months Change to 45%, matching recent performance.

Outcome #16, page 35 - Reword so siblings are placed together throughout period, not just while they are in the shelter or assessment center.

- - Add definition of "sibling".

Outcome #17, page 35 Placement stability = 86.7% at 12 months Federal target, 86.7%, is used, so the cohort definition should match the federal definition: children in care less than 12 months.

Item (C)(4), page 15 Placement standards Children reentering placed in last appropriate placement.

- - Add 6-month recurrence of substantiated maltreatment = 2002 rate, but <= 6.1%.

- - Add 6-month recurrence of unsubstantiated maltreatment or diversion = 2003 rate.

- - Add runaway discharge target of <= 3%.

- - Value and encourage community input through transparency.

Over 30 written comments were submitted by concerned organizations and individuals, but, unfortunately, we cannot list them all here.

7/5/2005: Proposed Settlement Agreement (aka the "Consent Decree") with the DFCS Defendants Announced
- Proposed DFCS Settlement Agreement Document (132K, 51 page PDF)
- Proposed DFCS Settlement Agreement with Signatures and Attachments Submitted to the Court (472K, 64 page PDF)
- Barton Clinic Announcement of Proposed DFCS Settlement Agreement
- Press Releases: State Department of Human Resources, Children's Rights (Class Counsel)
2/7/2005: Denial of County Defendants' Motion for Summary Judgment
- Barton Clinic Summary of Children's Right to Representation Addressed in the Order
- Judge Shoob's Order
1/19/2005: February 14, 2005 State Trial Date Reset Indefinitely
12/11/2004: Denial of State Defendants' Motion for Summary Judgment
8/18/2003: Class is Certified by the Court
2/14/2003: DeKalb County Children's Shelter is Closed
12/27/2002: Fulton County Children's Shelter is Closed
6/6/2002: Filing of Original Complaint
- Complaint (112K, 76 page PDF)

Settlement Reference	Parties' Target	Barton Clinic Request
Outcome #4, page 32	Reentry = 8.6%	Change to 5%, based on past performance.
Outcome #8a, page 32	Permanency from entry cohort = 40% at 12 months	Change to 60%, based on recent performance.
Outcome #9, page 33	24-month-backlog = 35% permanent at 12 months	Change to 45%, matching recent performance.
Outcome #16, page 35	-	Reword so siblings are placed together throughout period, not just while they are in the shelter or assessment center.
-	-	Add definition of "sibling".
Outcome #17, page 35	Placement stability = 86.7% at 12 months	Federal target, 86.7%, is used, so the cohort definition should match the federal definition: children in care less than 12 months.
Item (C)(4), page 15	Placement standards	Children reentering placed in last appropriate placement.
-	-	Add 6-month recurrence of substantiated maltreatment = 2002 rate, but <= 6.1%.
-	-	Add 6-month recurrence of unsubstantiated maltreatment or diversion = 2003 rate.
-	-	Add runaway discharge target of <= 3%.
-	-	Value and encourage community input through transparency.

Barton Clinic summaries and other documents related to Kenny A v. Perdue have been compiled and edited by the following: Karen Worthington, Director; Elizabeth Reimels, Managing Attorney; Jessica Gordon, 2005-2007 Post-Graduate Fellow in Law; Rachel Davidson, 2005-2006 law intern; Turquoise Haskin, spring 2006 law intern.

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