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Barren judge finds state child protection agency in contempt of court

Feb 11, 2022 | 10:33 AM

GLASGOW — An order entered Tuesday by Barren and Metcalfe Family Court Judge Mica W. Pence reveals the grim reality of the overwhelmed and inadequate status of social workers in Barren County and across the state.

Pence issued the order Feb. 8 and found the Kentucky Cabinet for Health and Family Services (CHFS) in contempt of court. The order was entered after a show cause hearing was held Nov. 23, 2021, and little action was taken to improve the situation described during that hearing.

The court issued a series of Show Cause Orders last fall after dispositional reports, case plans and other necessary documentation were not filed by at least one caseworker within the Barren County Department of Community Based Services (BCDCBS). One of the caseworkers mentioned was responsible for 79 children alone.

Dawn Crabtree, CHFS Service Regional Administrator, testified regarding the failure to meet court deadlines. She was not aware of “any specific performance issues,” according to the order, but described “the entire state is in crisis – not just Barren County.”

Case numbers and the specific case worker(s) were redacted in documents obtained by WCLU News. It’s unclear how many social workers lent to the failed procedures because those details were redacted, too.

Barren County has five caseworkers as of Feb. 1, 2022, according to the order. Fully staffed, the agency should employ 17 social workers.

Responsibilities for those caseworkers range from completing all paperwork, filing reports and paperwork with the court, attending all court hearings, conducting meetings regarding the removal of children from homes, and completing all home visits – which means every member of the assigned family gets a status update.

Jessica Humphries, CHFS Service Region Administrator Associate, testified at the first hearing last November. She explained the CHFS has seen a significant increase in its case load throughout the pandemic.

“Social Workers always work overtime, and regularly work in upwards of 60 hours/ week, and in an effort to alleviate the negative effects of these circumstances, some retired Social Workers have begun assisting some DCBS offices part-time,” according to the order, which reflected Humphries’ testimony.

The Show Cause Order provides several examples of times the Barren County office failed to complete certain tasks mandated by the court.

A case worker was ordered to file a dispositional report Aug. 23, 2021, before its deadline Sept. 1, 2021. The report was not filed until Sept. 16, which means a hearing was rescheduled twice. Meanwhile, private counsel fees accumulated for parties involved in those hearings.

One example details a time a caseworker failed to file a case plan and obtain a home evaluation last July.

The hearing to examine the issues themselves was delayed last fall, too, because “further violations occurred.”

Despite the failing local office, representatives of the CHFS and the Barren County location reason staff are attempting to stay atop their work. Testimonies detailed caseworkers are unable to complete all the tasks given to them due to inadequate staffing and funding.

The Kentucky General Assembly has previously denied requests by CHFS for more staff and money, according to testimonies.

“The Kentucky Personnel website does not contain individual listing for employment opportunities as a social services clinician in Barren County, despite having individual listings for openings in Warren, Bullitt, Jefferson, Adair and Laurel counties,” according to Pence’s remarks in the order.

The order requires the CHFS to file an action plan within 30 days to “meet the immediate needs of the BCDCBS office and its agents/ employees/ case workers.” The order describes the plan should address issues like hiring and retaining staff and providing interim relief to the BCDCBS office.

Reach reporter Brennan Crain on Twitter @brennan_crain, by email at bcrain@forevercom.com or by phone at (270) 651-9149.