OPEA

As you already know, the Oklahoma Public Employees Association is participating in the Children’s Rights litigation against the state of Oklahoma as an amicus, or friend of the court.  This was not a decision taken lightly by OPEA leadership.  OPEA/DHS leadership met with child welfare workers and the attorney and carefully weighed the decision before making a recommendation to the Board of Directors.

OPEA has a long history of advocating for DHS workers.  The Association has held annual DHS Lobby Days, brought legislators on the DHS funding subcommittee into workplaces, and sponsored several legislative studies on field operations and child welfare.  At the hearings, OPEA members have pleaded with the legislature to provide additional funding to help lower caseloads and reduce worker turnover.  Numerous studies and reports have been written, yet another one sponsored by the legislature is currently in progress.  The legislature has chosen not to make the vital services provided by DHS workers a priority and instead has funded other initiatives.

In the past, when Oklahoma state services were lacking vital resources, class action litigation has been pursued to force the legislature into addressing the problem.  Lawsuits addressing juvenile services and prison conditions have improved conditions for inmates and clients resulting in better working conditions for state employees.

Unfortunately, the legislature that has created the problem cannot be sued.  Because Oklahoma has a “weak governor” system of government, the governor cannot be the defendant, as in other states.  DHS is created by the Oklahoma Constitution and technically the entity that must be named in such litigation because of our structure of government.  Therefore, the action must be against DHS instead of Governor Henry as it was originally filed.

It is being alleged that the lawsuit will take much needed resources from DHS, causing more problems for workers and clients.  The opposite is true.  Before agreeing to participate in the amicus, OPEA staff researched the results in other states.  In Tennessee, the District of Columbia, New Jersey, Connecticut, Mississippi, and Wisconsin, the settlement agreement resulted increases of millions of dollars to child welfare programs and hundreds of additional workers.  OPEA called our sister organization in Tennessee to inquire about their experience.  After Children’s Rights litigation in their state, caseloads were reduced, training improved, and workers received three years of pay increases. 

The Children’s Rights lawsuit is not against workers, who daily put their lives on the line to protect Oklahoma’s children. The litigation was filed to correct a system that is underfunded and stretched to the breaking point.  The Association wanted to ensure that workers’ concerns and issues were heard and considered as the process moved forward.

The OPEA Board and staff look forward to continuing to serve you in this and all issues regarding DHS.  If you have any questions, give us a call.