A judge will decide next year whether a lawsuit over heavy Department of Child Services caseloads should be thrown out.
State law caps the number of cases per worker at 17. DCS acknowledges caseworkers are above that ratio in most of the agency's 19 regions. But the state argues there's 15 years of precedent saying a state law must specifically grant a right to sue, or at least imply one.
Deputy Attorney General Christina Clark’s dismissal motion notes another state law requires immediate investigation of abuse claims, and says there's no way to treat both those requirements as absolute.
The new budget which took effect in July includes money to hire 213 new caseworkers, but DCS is still struggling to catch up to the caseload limits.
Senate Minority Leader Tim Lanane (D-Anderson) has been pushing for the hiring of more caseworkers, but says he'll stay out of the legal dispute.
He says DCS needs to fix the underlying issue.
“I’m pretty sure there’s been an explosion of cases, as much as a 40-percent increase,” Lanane syas. “But, the point is, when you are the administration, you’ve got to take whatever steps are necessary.”
But Lanane says bringing enough staff on board to adequately protect children should be among state government's highest priorities.
“I appreciate it takes time to interview and to find qualified individuals, but this has got to be a priority of the administration,” Lanane says. “I don’t think most people would say there’s anything more important than protecting our children.”
