At the time the complaint was filed, there were 15 named plaintiffs, including Jeanine B., Danny C., and Frank M.
Jeanine B., a 12-year-old girl at the time of filing, drifted for more than six years between six different foster homes. In one home where she lived with 11 other children, she was struck by her foster father with a plastic container with enough force to necessitate stitches.
Danny C. and Frank M., brothers ages 7 and 4, were cycled through four different homes in less than a year before being placed back in the original foster home from which they had been unnecessarily removed. Danny, who is developmentally delayed, did not attend school for nearly an entire year because defendants failed to provide the necessary information to have him enrolled.
U.S. District Judge Rudolph T. Randa, U.S. District Court, Eastern District of Wisconsin (Milwaukee)
STATUS: Successful Closed
FILED: June 1, 1993; Supplemental Complaint, June 2, 1999
SETTLEMENT REACHED: December 2, 2002
CASE CLOSED: September 29, 2021
Children’s Rights, along with co-counsel the American Civil Liberties Foundation of Wisconsin, Gray, Plant, Mooty, Mooty & Bennett, P.A., and Dorsey & Whitney LLP, prosecuted this case against the Governor of Wisconsin on behalf of all Milwaukee children in child welfare custody. The Complaint and Supplemental Complaint alleged violations of children’s constitutional and federal statutory rights. The parties settled the case in 2002.
In September 2021, a federal court ordered that the agency may exit federal court oversight of a settlement agreement that resulted in major systems change and tangible results for children and families. In the time since the settlement agreement, DCF has worked to meet the agreement’s 19 performance measures, leading to sweeping improvements that mean children have become increasingly safe in government care and have a better chance at a permanent home.
Complaint
Full text of the complaint filed by Children’s Rights and co-counsel against the state of Wisconsin seeking comprehensive reform of the child welfare system in Milwaukee.
Amended Complaint
Supplemental complaint filed by Children’s Rights against the state of Wisconsin.
Modified Settlement Agreement
Full text of the settlement agreement between Children’s Rights and Wisconsin, mandating reform of the child welfare system in Milwaukee.
Arbitration Decision
Federal arbitration ruling requiring the Bureau of Milwaukee Child Welfare to continue caseworker retention efforts.
Corrective Action Plan (Updated Sept. 30, 2009)
Court-enforceable action plan outling specific steps that the Bureau of Milwaukee Child Welfare must undertake to address remaining areas of noncompliance under the terms of the Jeanine B. settlement agreement.
Monitoring Report
Report on the progress of the Bureau of Milwaukee Child Welfare in meeting the requirements of the Jeanine B.settlement agreement during 2008.
Study of Service, Support, and Placement Needs (June 1, 2009)
Results and recommendations of an independent assessment of the Bureau of Milwaukee Child Welfare’s needs with respect to foster care placements and other supports and services for children and foster families.
Recruitment and Retention Plan for Milwaukee County (August 12, 2009)
Strategic plan for recruiting and retaining Milwaukee foster and adoptive parents, authored by the independent Utah Foster Care Foundation and required under the Corrective Action Plan negotiated by Children’s Rights and Wisconsin state officials.
Monitoring Report (September 14, 2009)
Report on the progress of the Bureau of Milwaukee Child Welfare in meeting the requirements of the Jeanine B.settlement agreement from January-June 2009.
Implementation Plan (November 2009)
Bureau of Milwaukee Child Welfare plan for implementing recommendations of the Study of Service, Support, and Placement Needs and the Foster Care Recruitment and Retention Report.
Monitoring Report (March 22, 2010)
Report on the progress of the Bureau of Milwaukee Child Welfare in meeting the requirements of the Jeanine B.settlement agreement from June-December 2009.
Period 7 Corrective Action Plan (May 24, 2010)
This Corrective Action Plan outlines the strategies BMCW is taking and plans to implement to address remaining areas of the Settlement Agreement.
Monitoring Report (September 17, 2010)
Report on the progress of the Bureau of Milwaukee Child Welfare in meeting the requirements of the Jeanine B.settlement for the first six months of 2010.
Monitoring Report (March 11, 2011)
Report on the progress of the BMCW in meeting the requirements of the Jeanine B. settlement for calendar year 2010.
2010 Annual Performance Report (March 11, 2011)
Annual report issued by Wisconsin Department of Children and Families reporting on BMCW’s overall performance and achievements in calendar year 2010.
Period 8 Corrective Action Plan (May 24, 2010)
This Corrective Action Plan outlines the strategies BMCW is taking and plans to implement to address remaining areas of the Settlement Agreement.
Monitoring Report (September 16, 2011)
Report on the progress of the Bureau of Milwaukee Child Welfare in meeting the requirements of the Jeanine B.settlement for the first six months of 2011.
Settlement Agreement Report (March 22, 2013)
Settlement Agreement Report (September 27, 2013)
Report on the progress of the Bureau of Milwaukee Child Welfare in meeting the requirements of the Jeanine B.settlement for the first six months of 2013.
Settlement Agreement Report (March 28, 2014)
Report on the progress of the Bureau of Milwaukee Child Welfare in meeting the requirements of the Jeanine B.settlement for January 1, 2013 through December 31, 2013.
Settlement Agreement Report (March 27, 2015)
Report on the progress of the Bureau of Milwaukee Child Welfare in meeting the requirements of the Jeanine B.settlement for January 1, 2014 through December 31, 2014.
Settlement Agreement Report (September 25, 2015)
Report on the progress of the Bureau of Milwaukee Child Welfare in meeting the requirements of the Jeanine B.settlement for January 1, 2015 through June 30, 2015.
Settlement Agreement Report (September 30, 2016)
Report on the progress of the Bureau of Milwaukee Child Welfare in meeting the requirements of the Jeanine B.settlement for January 1, 2016 through June 30, 2016.
Settlement Agreement Report (March 24, 2017)
Report on the progress of the Bureau of Milwaukee Child Welfare in meeting the requirements of the Jeanine B.settlement for January through December, 2016.
Joint Motion to Terminate and Brief in Support of Motion to Terminate (February 3, 2021)
Order Granting Joint Motion to Terminate (September 29, 2021)
