Protecting the kids

In his Dec. 9 commentary, “Clark County needs to insure foster parents,” Bill Grimm asserts with unequivocal certainty that federal statute requires foster parents provide liability insurance for any foster child in the home.

According to a letter sent to state officials by Debra Samples of the U.S. Department of Health and Human Services, there is no federal statute or policy that requires a state to provide liability insurance with respect to children in foster care. Foster parents can, however, use their regular payments to also pay for liability insurance.

Within the state of Nevada, Clark County is the only government entity to offer coverage. Clark County, by providing foster care liability coverage, was among one of the more progressive child welfare providers.

Clark County’s goal throughout this process has remained the same: to ensure the protection and safety of children and to provide foster parents with as much support as possible. It is because of these goals that the county will continue its search for foster care liability coverage of all children in foster care, not because Mr. Grimm says we should, but because it is the right thing to do.

Meanwhile, commentators such as Mr. Grimm seem to perpetuate the myth that the county created this problem. Nothing could be further from the truth. Clark County was unexpectedly notified by its provider that the policy was not being renewed. The county was given no explanation by the insurer. Rather, we were forced to draw our own conclusion that a large $300,000 one-time claim paid out that year was the reason for the abrupt end to a business relationship with the insurer.

When notified of the cancellation, the Clark County Department of Family Services immediately contacted the National Foster Parent Association in an attempt to find a possible replacement provider. After more than two weeks of searching, no other provider could be identified that would provide similar coverage on an individual basis to foster care families. While self-insurance (an option used by some other jurisdictions) might be possible, Clark County was left with no feasible way of implementing self-insurance in the short time before the insurer canceled the coverage.

Mr. Grimm suggests that DFS increase the monthly rate paid to foster parents by an amount that would include a reasonable rate for insurance. In fact, Nevada has the sixth-highest foster parent reimbursement rate in the nation according to a report recently released by Children’s Rights Inc., the National Foster Parent Association and the University of Maryland titled, “Hitting the M.A.R.C.,” Nevada’s rate is $258 per month higher than Mr. Grimm’s home state of California. As a result, Nevada’s rate is more than adequate to include increased homeowners liability insurance or individual coverage if desired by foster parents.

If there is a “crisis,” as Mr. Grimm asserts, it would be on a national scale. In fact, there is no local crisis. Within Clark County, only one family has returned children as a result of the change in coverage.

We know of many states that are without foster care liability coverage. These states have not faced the level of scrutiny now leveled at Clark County. Rather, attorneys seeking and soliciting clients to sue foster parents and the foster care system have drastically influenced the media coverage of this issue.

Unfortunately, these same attorneys may ultimately escalate the liability of fostering children at risk, scaring prospective and current foster parents away. Ironically, these tactics do nothing to correct the coverage situation, only to further endanger children currently in the system.

Mr. Grimm is investing hundreds of thousands of dollars in a lawsuit against Clark County and the state of Nevada. If he wins, his organization will receive millions of dollars from Nevada taxpayers, like a similar payoff his organization recently won from Washington state taxpayers. If he loses, it means his organization is out a lot of money.

The County Commission and I are committed to improving the Clark County child welfare system without being under federal court order and without having to pay millions in fees to attorneys that could otherwise go to help children and families. We are making progress every day and our citizens can be proud of that.

Thomas Morton

LAS VEGAS

THE WRITER IS DIRECTOR OF THE CLARK COUNTY DEPARTMENT OF FAMILY SERVICES.