LANSING, Mich. (Michigan News Source) — Michigan’s Department of Health and Human Services (MDHHS) is pushing to ditch federal foster care oversight by next summer—but with ongoing safety concerns and a watchful federal judge, the state has some serious benchmarks to meet before it can claim full independence.

Michigan is “well on our way.”

At a July 14 federal court hearing, MDHHS Director Elizabeth Hertel expressed confidence that the state is “well on our way” to meeting the strict requirements needed to lift the consent decree imposed in 2008 after a lawsuit exposed serious failings in foster care.

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“We worked so hard and continue to invest in expanding the different types of stable placements we have through foster families and specialized foster care, the residential facilities, and we are working to expand our behavioral health options,” Hertel said. 

However U.S. District Judge Nancy Edmunds, who oversees the case, was less optimistic. While acknowledging Michigan’s efforts, she made clear that more work is needed to protect the state’s most vulnerable children.

“The state has clearly done a lot of work,” Edmunds said, “but we can do better.” 

Abuse and neglect cases.

For example, Michigan reported 10.4 abuse or neglect cases per 100,000 foster care days in the first half of 2024, according to The Detroit News—higher than the federal benchmark of 9.07.

The judge also highlighted concerns about children spending extended periods in emergency or temporary placements, a problem Michigan has struggled to solve despite reforms.

“We’re failing even basic measures,” Naomi Riley, senior fellow at the American Enterprise Institute, told The Detroit News. “We should have more than enough placements for kids, but  they’re just in a holding pattern.”

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The state placed 67 children in such facilities during the first six months of 2024, with fewer than 70% moved to permanent homes within required timeframes.

A new initiative.

Hertel pointed to a new initiative, the Children’s Services Administration (CSA) Teaming and Support Model, currently operating in seven counties. The program unites caseworkers, supervisors, and economic support staff to collaborate more effectively with families, and is slated for statewide expansion next year.

“We are rebuilding the system to better serve communities and residents, along with our staff who face high rates of burnout and staff turnover,” Hertel said. 

Still, child welfare advocates warn of persistent challenges. Samantha Bartosz, deputy director of litigation for the advocacy group Children’s Rights, noted Michigan continues to face hurdles investigating abuse claims, monitoring residential facilities, and ensuring safety in relative foster homes.

“There’s still work to be done to get there, and we’re particularly concerned, and the monitors are watching over this very carefully, that contract monitoring is still not in compliance, not where we need it to be,” Bartosz said.