I work for the Department of Children and Family Services. I had a caseload of 37 children. There was a study conducted by the department th...

Question

I work for the Department of Children and Family Services. I had a caseload of 37 children. There was a study conducted by the department that stated 16 children was the ideal caseload if a social worker is to perform his job effectively. My caseload prevented me from addressing all my children's needs. This resulted in a girl who is close to 21 who will be emancipated with only a basic skills under her belt and no high school GED or diploma. DCFS policy is to emancipate those 21 and over. I feel that because of my caseload I could not do more for that girl and those like her. I want to sue the department to mandatory decrease caseloads so we can address the needs of our children better. The high caseloads cause undue stress and we just can't do our jobs properly. Do I have grounds for a lawsuit?

Answer

You may or may not have grounds, but I believe you lack what we call "standing." The recipients of government services may or may not have legal rights to those services and to certain standards of services. For example, as I am sure you are aware, children with physical, emotional or intellectual challenges have powerful legally enforceable rights to and regarding the content of an Individual Education Plan. The public employees such as yourself who serve those people, however, do not have any legal rights or legal interest in the services provided, and therefore cannot assert any claims in court regarding the services. That is what is meant by lack of standing. The only recourse I can think of that you might have is through your union and the collective bargaining process. Considering the state of government finances in this state these days, however, I seriously doubt there is anything you can do to reduce case loads.