Kent County is facing a “child welfare emergency” after the state cut off funds to the agency that’s been handling foster care cases for years, according to the judges that handle child abuse and neglect cases in the county.
The nonprofit agency, the West Michigan Partnership for Children, is also suing the Michigan Department of Health and Human Services, arguing the funding cuts are illegal. WMPC’s complaint alleges MDHHS "ghosted" the agency, cutting it out of the process without notice, posing "enormous potential risk for children who are already in vulnerable and high-risk situations."
This is very naive to think that you can flip a switch on a whole system of care overnight and not have something bad happen.Sonia Noorman, CEO, West Michigan Partnership for Children
Sonia Noorman, who leads WMPC, said she only found out about the cuts after hearing from other agencies in the county, which are contracted to provide foster care services.
“We basically, through them, found out that they were told that we no longer have a contract, that they may no longer talk to us about children, and that (MDHHS) would be working with them to take over, you know, the administration of foster care,” Noorman said.
She said she met with MDHHS officials after learning of the cuts, and warned them of the effects.
“This is very naive to think that you can flip a switch on a whole system of care overnight and not have something bad happen,” Noorman said she told those officials.
Judges from the 17th Circuit Court, who oversee Kent County’s child abuse and neglect cases, penned a letter addressed to the governor and state legislators, urging them to step in.
“This is not a policy disagreement,” the judges wrote in bold font. “This is a child welfare emergency!”
The cuts to WMPC’s budget came after the long and chaotic state budget process, which went into the new fiscal year. As legislators rushed to reach a deal in the days after the previous budget expired on Sept. 30, they cut a line that had outlined instructions to MDHHS to fund the unique, performance-based foster care case management system in Kent County. Once that happened, WMPC alleges the state moved “to unilaterally end” the program in favor of a more standard fee-for-service model.
WMPC staff, and the judges of the 17th circuit were caught off guard by the cut.
“Without notice, without transition planning, and without consideration of the on-the-ground realities, the Legislature has eliminated $2.9 million in administrative funding that sustains one of Michigan’s most successful foster care innovations,” the judges wrote. “WMPC staff cannot continue their work without compensation. Services will not merely decline; they will stop.”
The letter was signed by 17th Circuit Court Chief Judge Deborah McNabb, along with judges Terence Ackert, Alida Bryant, Matthew DeLange, Patricia Gardner and Maureen Gottlieb. Governor Gretchen Whitmer's office and state Senate Majority Leader Winnie Brinks did not immediately respond to a request for comment.
WMPC filed a lawsuit in the Michigan Court of Claims last week, arguing the cuts violate a state law mandating a “performance based” child welfare system in Kent County.
Kent County's unique system
The system was put in place, Noorman said, after a class-action lawsuit that accused the state of putting kids in harm because of mismanagement and a lack of funding in the foster care system. The state reached a settlement in that lawsuit, promising reforms and ongoing monitoring.
One of the reforms that legislators mandated was to create a pilot system for a “performance-based” child welfare system to improve outcomes for children “in a county with a population of not less than 575,000 or more than 750,000.” Kent County is the only county in Michigan with a population of that size.
WMPC was created to oversee the new system, coordinating the placement of Kent County children among five foster care agencies that directly provide the foster care. WMPC tracked cases and outcomes, placing children based on their individual needs and the performance of the agency.
WMPC claims this unique arrangement has helped kids and families in Kent County, leading to more foster placements with family members, shorter stays in the foster care system and fewer kids ending up in group residential facilities.
The Kent County judges who handle foster care cases said in their letter the improvements have been real, and losing WMPC will have a serious impact.
“The $2.9 million the Legislature saved in the budget will cost Michigan far more in failed placements, longer foster care stays, increased residential treatment, and destroyed lives,” the judges wrote.
Cost disagreement
But an analysis by the University of Michigan Child and Adolescent Data Lab concluded WMPC’s work did not improve outcomes compared to a statistically similar group of kids, and that the program added costs for the state.
“On average, children associated with the WMPC cost more than twice as much than similar children served by other agencies,” the analysis concluded. “Considering there were no significant differences with the rate of permanency, the safety of children in care or the likelihood of re-entry to care, the additional costs per child associated with the WMPC seem unreasonable.”
WMPC argued the analysis was flawed because it excluded millions of dollars in additional costs from the comparison group.
The 17th Circuit Court judges noted the methodology issues in their letter to the governor and legislators, claiming the analysis inflated costs by 35% and included $55 million in unexplained charges attributed to WMPC.
WMPC also argues in its lawsuit that, regardless of reason, MDHHS “does not have the authority to shut down WMPC” because the legislature has mandated a performance-based foster care system for the county, and WMPC is the only agency that exists to implement that system. It also argues that last year’s state budget required MDHHS to enter into a three-year contract with WMPC, and MDHHS never did so.
Without state funding, WMPC is “on the brink of closure,” the lawsuit said.
WMPC’s lawsuit asked the Court of Claims to force the state to enter into a new multi-year agreement to fund the agency for the “performance-based” foster care system. The agency wants an injunction to temporarily fund WMPC until the lawsuit is resolved.
“Even if WMPC prevails on the merits in this litigation, it will be difficult to put all the pieces back together again,” the complaint said.
The Michigan Department of Health and Human Services (MDHHS) is deeply committed to ensuring the health and safety of all children.Statement from Michigan Department of Health and Human Services
MDHHS has not formally responded to the WMPC lawsuit, but in a statement emailed to Michigan Public, defended its work.
“The Michigan Department of Health and Human Services (MDHHS) is deeply committed to ensuring the health and safety of all children,” the agency wrote. “We will never stop transforming how we keep kids safe and families together. MDHHS is committed to our shared responsibility with the legislature, law enforcement, judges and partners to continue to improve Michigan’s child welfare system to meet the needs of kids and families.”
WMPC said about 426 children were in the foster care system in Kent County when the state cut its funding, and its oversight of the cases. The five agencies that directly manage foster care placements in the county continue to do so, coordinating directly with MDHHS instead of WMPC.
Joel Bell, president of D.A. Blodgett - St. John’s, one of the five agencies, praised both MDHHS and WMPC in a statement emailed to Michigan Public last week.
“At the moment, we are still determining what impact this will have on our families and our team,” Bell wrote. “As that unfolds, we will continue to work with all involved to seek safety and stability for children and families.”
Bethany Christian Services, another of the five agencies, said in a statement that WMPC “supports critical services that impact vulnerable kids in foster care.”
“Bethany is praying for an agreeable resolution for both parties as we believe that all children deserve to be safe, loved, and connected in both Kent County and around the world,” the agency wrote.
A spokesperson for Kent County said the 17th Circuit Court judges could not comment on WMPC beyond the letter because of the lawsuit, which remains pending. A hearing in the case is scheduled for November 17th in Lansing.
