Michelle H. Final Settlement Update- October 30, 2024

Michelle H. Final Settlement Update- October 30, 2024

October 30, 2024- Last week, U.S. District Judge Richard Gergel recognized the efforts of the South Carolina Department of Social Services (DSS) in meeting specific target metrics related to children in foster care.

DSS achieved exit from the consent decree and termination of the court’s jurisdiction over four measures dealing with the agency’s Out-of-Home Abuse and Neglect (OHAN) investigations. DSS also achieved maintenance of effort status for an additional 4 measures dealing with placement of younger children in family-like settings rather than congregate care, and timely developmental assessments as part of the Michelle H class action Final Settlement Agreement. 

The October 2024 order can be found here.

This is the second time since the inception of the class action lawsuit in 2015 that DSS has been able to move towards exit from federal court oversight on target measures in the settlement agreement. The first instance was ordered in August 2023 and can be found here. 

While discussing DSS progress under Director Leach's leadership, Judge Gergel, who presides over the class action decree, pointed out that there are now far more children in kinship placements, the number of children in congregate care is down, staff attrition is declining, and staff caseloads have improved.  Acknowledging the need to adequately address current challenges, Judge Gergel praised Director Leach's work at the agency over the past five years, stating, "we've got a lot of good things going on at the Department of Social Services and some challenges as well.  And let's be optimistic that we can be proud of what we've accomplished and roll up our sleeves to fix the things that need to be fixed."

In response to the Court granting the motion, DSS State Director Michael Leach said, “DSS professionals have signed on to a career in service to their community and they want to help children, teens and families achieve permanency and stability.  But as we know, DSS is not alone in serving children and families in South Carolina and that there are many players and providers that must work hand in hand in strengthening families. Continued investments by the South Carolina General Assembly and new initiatives led by the agency are working, but there still are unmet needs for youth and their well-being in our state, including mental health, developmental needs and help for delinquent youth involved in the juvenile justice system.  Families are at their best when they are strengthened, resources and supports are readily available to parents and prevention measures are in place to prevent neglect and abuse before it ever occurs.”

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