Response to Grand Jury Report

The Humboldt County Department of Health and Human Services’ Child Welfare Services Branch is understaffed, with only 64% of positions filled as of January 2023. This causes delays in providing services to children and families. Response: Partially Agree Although there are some unfulfilled positions at CWS, the staff currently working at CWS are diligently putting forth their best efforts to ensure that the services provided to children and families are executed with minimal delays.

Using their current methods, Child Welfare Services has been unsuccessful in recruiting new workers, contributing to missed opportunities to attract new employees and understaffing. Response: Disagree CWS has been successful in finding new staff with their recruitment efforts. It should be noted that all Merit System Services (MSS) positions, including Social Service Aides, Social Workers, and Social Worker Supervisors, must be administered by the California Department of Human Resources (CalHR). Since January 1, 2023, the County of Humboldt has observed delays with CalHR recruitment components due to new requirements they have implemented. Additionally, the county has historically experienced challenges attracting potential employees from out of the area due to limited housing availability, which is a common issue for all county departments.

Understaffing at Child Welfare Services leads to high caseloads and low worker morale, contributing to high worker turnover and a lack of experienced workers. Response: Partially Agree CWS will not hire unqualified employees who lack experience required for their positions. The inability to fill all open positions in the department does contribute to a higher caseload for the employees at times.

Child Welfare Services employs Social Services Aides, Social Workers, Social Worker Supervisors, and other employees who demonstrate a genuine passion for the work of improving the lives of children but suffer from repeated moral injuries and burnout. Response: Partially Agree CWS employees demonstrate a genuine passion for the work they do. Although, there may be CWS employees that may experience “burnout” there is no data to indicate Humboldt County CWS has a higher percentage of these challenges than any other CWS department statewide. There are resources available to all county employees in need of extra support through the county’s Employee Assistance Program (EAP). This program provides support to staff facing a variety of challenges including but not limited to work, family, or finances. This is a free and anonymous resource for all staff in need of extra support.

The stress due to understaffing and overwork has led to a rise in health-related absenteeism for employees of the Child Welfare Services Court Unit. Response: Disagree There is no data confirming that the stress due to “understaffing” and alleged “overworking” has led to a rise in “health-related absenteeism.” The Department of Health & Human Services (DHHS) Employee Services (ES) team tracks employee medical leave for the Child Welfare Services (CWS) division. Tracking does not include the individual’s unit within CWS nor whether the leave was related to stress. The number of vacant positions in CWS increased by 5% from January 2022 to January 2023, contributing to a staffing shortage. ES records indicate that during that timeframe, the percentage of CWS employees on an 3 approved medical leave ranged from 5% to 10.5%. DHHS provides approved medical leaves to employees who are eligible under one or more of the following: the Family Medical Leave Act, California Family Rights Act, California Pregnancy Disability Leave, or the Memorandum of Understanding (MOU) for their bargaining unit. As previously noted, there are resources available to all county employees in need of extra support through the county’s Employee Assistance Program (EAP). This free and anonymous resource provides support to staff facing a variety of challenges including work, family, and finances.

Child Welfare Services employs recently graduated Social Workers from California Polytechnic State University, Humboldt, using the California Social Worker Education Center Title IX-E program. They do not use this program in cooperation with any other universities. This results in missed opportunities to recruit and sponsor new Social Workers. Response: Agree While the county agrees with this finding, there are other methods of recruitment being incorporated for CWS positions in addition to Title IX-E program recruitment efforts at Cal Poly Humboldt.

Applications for new county employees within Child Welfare Services takes longer to process than necessary, resulting in some interested and capable workers choosing to abandon the process and seek employment elsewhere. Response: Partially Agree Due to the facts stated below, the Humboldt County Department of Human Resources, DHHS ES, and CWS has no control over the application process. There is no data available to determine if the process takes longer than any other department, or if capable workers abandon the process at CWS. A large majority of Child Welfare Services positions are considered Merit System Services (MSS) positions, including Social Service Aides, Social Workers, and Social Worker Supervisors. The County of Humboldt is designated as an Interagency Merit System (IMS) county. As an IMS county, all recruitments for MSS positions must be administered by the California Department of Human Resources (CalHR). CalHR receives all MSS job applications, screens for minimum qualifications, develops and scores the examination, and sends the eligible list of passing candidates to DHHS Employee Services. CalHR has stated, “MSS works to provide eligible lists within the established timeframes, but timeframes are heavily dependent on several varying factors. Further, for job openings with a closing date, the selection process cannot begin until the posting closes.” Since January 1, 2023, the County of Humboldt has observed delays with CalHR recruitment components due to new requirements they have implemented. CalHR is responsible for notifying candidates of their status at each step, however, DHHS Employee Services has received feedback from candidates that there are often long periods without notice from CalHR about their recruitment status. DHHS Employee Services is not privy to the contact information or applications for MSS applicants until they are placed on an eligible list, and therefore, is unable to notify candidates when delays are observed. Given recent delays in the recruitment process administered by CalHR, the County of Humboldt contacted CalHR MSS Management for their input regarding this finding. In response they stated, “MSS currently works to review and process applications within our established service timeframes. Occasionally, we are required to reach out to candidates to request additional information or documentation, which may delay the process.”

Applications for employment in Child Welfare Services are accepted for short periods of time and only two or three times per year. This results in potential workers who might be interested in employment not applying for these jobs. Response: Disagree Due to the facts stated below, CWS has no control over the application process. There is no data available to determine if applications are accepted less frequently than any other department, or if potential workers are not applying for these jobs. Given recent delays in the recruitment process administered by CalHR, the County of Humboldt contacted CalHR MSS Management for their input regarding this finding. In response they stated, “The county specifies the length of time to post each position and has the discretion to choose longer posting timeframes or establish continuous postings.” CWS and DHHS Employee Services coordinate to include a desired posting timeframe with their recruitment request to CalHR. As of January 1, 2023, CalHR implemented two new requirements: 1. Each recruitment must have at least one competitive examination, and 2. Continuous recruitments posted for more than one year are no longer permitted. CalHR did not provide guidance for how competitive examinations would be administered for continuous recruitments that would require multiple rounds of examinations. Additionally, this meant that all MSS recruitments posted for a year or longer were required to be closed and the County of Humboldt would have to submit new recruitment requests to re-open.

Child Welfare Services web pages do not include any mentions of or links to open jobs, leading potential new employees to believe these positions are not available. Response: Agree Job information is not posted on departmental web pages. All Child Welfare Services recruitments are posted on the County of Humboldt’s website, under “Employment Information,” “Current Job Openings with the County of Humboldt,” and can be found at: https://humboldtgov.org/2076/Job-Opportunities

Open positions for Social Workers in Child Welfare Services can only be applied for through a State of California portal that is not referenced in any County of Humboldt web pages. This leads potential new employees to believe that positions are not available even when applications are being accepted. Response: Disagree 5 All Child Welfare Services recruitments are posted on the County of Humboldt’s website, under “Employment Information,” “Current Job Openings with the County of Humboldt,” and can be found at: https://humboldtgov.org/2076/Job-Opportunities

The Child Welfare Services Court Unit regularly receives newer employees in the Social Worker I and II classifications. Upon achieving the status of Social Worker III, after two years of experience, these employees are rotated to new assignments, creating a perpetual training cycle and inefficiencies in worker output. Response: Disagree Child Welfare Services has no policy or standard practice of placing newer employees specifically in the Court Intake Unit, nor does Child Welfare Services have a policy or standard practice of moving social workers out of the Court Intake Unit after two years of experience. Program assignments for social workers are made based on staffing levels, program need, and fit.

Child Welfare Services regularly fails to meet the legally mandated timelines for court filings. This results in court proceedings being extended, to the detriment of children, families, and the court. Response: Partially Agree CWS diligently works to complete reports in a timely manner in order to prevent any court proceedings from being extended, however, it does become necessary to do so at times. When court proceedings are extended, it may cause a delay in the disposition of the case prolonging the proceedings for children and families.

When a worker in the Court Unit is absent on leave, on vacation, or the position is unfilled, there is no regular provision to fill the open position. This contributes to a backlog of cases being filed with the court. Response: Disagree When staff are on leave or absent, their positions are not vacant and cannot be filled. Supervisors are responsible for maintaining coverage when they have staff on leave or absent. When positions are vacant, program assignments for the Social Worker classification are assigned based on staffing levels, program need and fit. Additionally, active recruitments are taking place when there are vacant positions. As noted previously, as an IMS county, all recruitments for MSS positions must be administered by the California Department of Human Resources (CalHR). CalHR receives all MSS job applications, screens for minimum qualifications, develops and scores the examination, and sends the eligible list of passing candidates to DHHS Employee Services. Since January 1, 2023, the County of Humboldt has observed delays with CalHR recruitment components due to new requirements they have implemented. 6

When Child Welfare Services fails to meet legally mandated timelines for court filings they are not providing the children and families with due process. This could create a federal civil rights violation liability for the County of Humboldt. Response: Disagree All appropriate parties are properly noticed when there is a court date. An untimely report may cause a continuance which will again be properly noticed to all involved parties.

Court cases initiated by Child Welfare Services involve families in crisis who require interventions and supervision, and sometimes foster homes and adoption, all of which contribute to Adverse Childhood Experiences. Subjecting children to delays in court proceedings can make that trauma more severe. Response: Disagree The county agrees that court cases initiated by CWS involve families in crisis, however the county is not aware of any empirical evidence showing that delays in court proceedings can make childhood trauma more severe. Many children that are involved in the court process do not actually go to court and such court hearings are not discussed with them.

In recognition of the lack of timeliness in court filings Child Welfare Services has started a Quality Improvement Plan without the inclusion of other stakeholders aside from the court and County Counsel. Excluding major participants in the court process leads to an incomplete evaluation of the problems and potential solutions. Response: Disagree Writing court reports is an internal process and root cause analysis was conducted with staff to formulate strategies and solutions. Additionally, consultation with external stakeholders was sought as needed, including direct consultation with the presiding Judge of the Superior Court of Humboldt County, the Honorable Judge Joyce Hinrichs.

Monthly Improvement Meetings, involving the court, private attorneys, and CWS have happened regularly in the past but as of April of 2023 are happening sporadically, if at all. This misses an opportunity to have regular discussions on specific issues that can help to streamline the entire court process. Response: Agree

Attorneys who represent children and families in Child Welfare Services cases are effectively prevented from speaking directly with the Social Workers involved in particular cases. This results in delayed or nonexistent communication. Response: Disagree Attorneys who represent children and families in CWS cases routinely send e-mail correspondence to and receive e-mail correspondence from social workers involved in specific cases, while copying the Deputy County Counsel assigned to the case. This is consistent with the ethics rules for attorneys corresponding with represented parties and is also the common practice in other counties.

There are three attorney positions allocated to the County Counsel’s office for specialists in Child Welfare cases, one of which was unfilled as of April 2023. Even when fully staffed there are not enough attorneys in the County Counsel’s office to represent Child Welfare Services in a timely and effective manner. Response: Partially Agree One of the three attorney positions allocated to Child Welfare cases was unfilled as of April 2023. While the two attorneys remaining in the department continue to represent CWS effectively despite the high caseload. There will be a new attorney joining the department shortly that will help with the caseload.

The Child Welfare Services Office of the Ombudsperson is vacant, providing no dedicated independent investigator and advocate for complaints from those involved in the Child Welfare System. This creates doubt that complaints are adequately investigated and addressed. Response: Disagree The Office of the Ombudsperson has been staffed to always remain fully operational.

When there is an Ombudsperson they report to the Deputy Director who supervises them, who also may supervise areas that are the subject of complaints. This creates the potential for a conflict of interest. Response: Agree

The Department of Health and Human Services and Child Welfare Services are ultimately overseen by the Humboldt County Board of Supervisors. The Board has no way of receiving independent information on the status of the situation within the dependency court process. Having this information would be critical for the Board of Supervisors to make informed decisions regarding Child Welfare Services. Response: Disagree CWS is under California Department of Social Services (CDSS) oversight and has numerous reporting responsibilities to CDSS. The DHHS Director does provide regular and ad hoc updates on CWS activities and functions to the Board of Supervisors and provides information upon request. It should be noted that the DHHS Director has a duty to maintain confidentiality for CWS clients under HIPPA and Welfare and Institutions Code 827, so some information is confidential and therefore cannot be discussed with the Board of Supervisors. 8