Can Oklahoma DHS Learn From Tennessee?

The state of Oklahoma has agreed to settle a federal class action lawsuit filed against the Department of Human Services. To stay out of court, DHS has to reform.

Read Current Key Provisions of the Settlement Agreement

But will the settlement actually lead to real change at the agency?

The child advocacy group behind this lawsuit, Children's Rights, says this settlement will change how DHS does business.

They point to Tennessee as an example of a state sued and a system improved

"This should be good news that we're going to improve our system, so those kids get served better," said Brad Yarbrough, DHS Commissioner.

There was a sense of optimism among DHS commissioners, as they attempted to put a three-year legal battle behind them.

01/04/2012 Related Story: DHS Commission Approves Modified Settlement Agreement

DHS has been hounded by a federal class action lawsuit since 2008. It was filed by child advocacy group, Children's Rights.

They claim DHS has too few foster homes, it used big, institutional shelters too often, and its child welfare workers had too many cases to look after children properly.

Those are some of the same issues Children's Rights reported it found in Tennessee. They sued that state in 2000 on behalf of 9,000 Tennessee children in state custody.

Children like 9-year-old Brian. He spent seven months in an overcrowded emergency shelter in Memphis with older boys accused of violent crimes. Tennessee's child welfare agency said they didn't have any other place to put him.

And 14-year-old Tracy who was in her 15th placement after just a year in Tennessee state custody.

A settlement and a decade later, Tennessee is recruiting adoptive and foster parents on its website by introducing them to children in need of a home.

Children's Rights says before the lawsuit, 22 percent of Tennessee foster children lived in group facilities instead of family homes. Now they say that statistic has been slashed in half, with just 9 percent in group homes in 2009.

And according to Children's Rights, Tennessee hired more than 350 additional caseworkers to bring caseloads down.

Oklahoma officials are hoping they can achieve similar success.

"This is our opportunity to improve. This is our moment, we've has several in the past I'm sure. But this is our moment, a big moment," said DHS Commissioner Brad Yarbrough.

Tennessee's child welfare system had an agreement with Children's Rights, just like what's happening in Oklahoma. But there's also a cautionary tale there.

Tennessee had independent monitors, just like Oklahoma will, but their monitors weren't seeing results. So, the state was held in contempt, and a court order was issued to force them to reform.