Common use of Good Faith Efforts to Achieve Substantial and Sustained Progress Clause in Contracts

Good Faith Efforts to Achieve Substantial and Sustained Progress. The CSA requires the Co-Neutrals to determine whether DHS has “made good faith efforts to achieve substantial and sustained progress” toward a Target Outcome. This standard requires more than an assessment of DHS’ intentions but necessarily requires a conclusion by the Co- Neutrals that is based on an analysis of the activities undertaken and decisions made by DHS or, as the Co-Neutrals have stated, the inactions or failures to make decisions, and the impact of those decisions and activities on achieving substantial and sustained progress toward a Target Outcome. For example, the Co-Neutrals have focused their review and assessment of DHS’ timeliness and thoroughness to implement, evaluate and, when needed, adjust core strategies to inform their judgment of whether the department has made good faith efforts to achieve substantial and sustained progress toward the Target Outcomes. The CSA requires the Co-Neutrals to report on those Target Outcomes that DHS has met, those for which the department has achieved sustained, positive trending toward the Target Outcomes, and those Target Outcomes for which DHS has not achieved sustained, positive trending. The following Table summarizes the Co-Neutrals’ findings of DHS’ progress toward the Target Outcomes and, separately, the Co-Neutrals’ assessment of DHS’ efforts for each of the performance metrics assessed during this report period. Table 1: Summary of Target Outcomes Metric Has Met Target Outcome Has Achieved Sustained, Positive Trending Toward the Target Outcome Has Made Good Faith Efforts to Achieve Substantial and Sustained Progress Toward the Target Outcome

Good Faith Efforts to Achieve Substantial and Sustained Progress. The CSA requires the Co-Neutrals to determine whether DHS has “made good faith efforts to achieve substantial and sustained progress” toward a Target Outcome. This standard requires more than an assessment of DHS’ intentions but necessarily requires a conclusion by the Co- Co-Neutrals that is based on an analysis of the activities undertaken and decisions made by DHS or, as the Co-Neutrals have stated, the inactions or failures to make decisions, and the impact of those decisions and activities on achieving substantial and sustained progress toward a Target Outcome. For example, the Co-Neutrals have focused their review and assessment of DHS’ timeliness and thoroughness to implement, evaluate and, when needed, adjust core strategies to inform their judgment of whether the department has made good faith efforts to achieve substantial and sustained progress toward the Target Outcomes. As noted above, for this and the next two six-month report periods the Co-Neutrals will suspend rendering a judgment regarding DHS’ good faith efforts to achieve substantial and sustained progress toward the Target Outcomes for seven Delayed Performance Area Measures. The CSA requires the Co-Neutrals to report on those Target Outcomes that DHS has met, those for which the department has achieved sustained, positive trending toward the Target Outcomes, and those Target Outcomes for which DHS has not achieved sustained, positive trending. For this report period, the Co-Neutrals have determined that DHS made good faith efforts to achieve substantial and sustained progress toward the Target Outcomes in all 23 Non-Impacted Performance Area Measures. Many of the improvements reported in this Commentary are the result of years of investment from Oklahoma and DHS’ efforts to create a safer and more effective child welfare system. The DHS senior management team is focused, transparent and deeply engaged in and committed to this work. They possess the skill and experience necessary to lead the agency to make good faith efforts to achieve substantial and sustained progress towards the Target Outcomes, which they must continue to do, particularly for those measures included in the COVID Impacted Provisions where DHS’ performance has long lagged. DHS’ good faith efforts in this period for all Non-Impacted Performance Area Measures position the agency to achieve substantial and sustained progress moving forward if the department remains focused on effective implementation of strategies that have been working, as well as new strategies and practice changes where necessary to achieve positive trending toward the Target Outcomes. This means continuing to track performance in real time, observing areas of deficiency, and pivoting quickly where needed to improve performance substantially and sustainably. As such, this current assessment that DHS has made good faith efforts in all Non-Impacted Performance Area Measures is an important achievement by the department but is neither binding on future judgments of the Co-Neutrals nor cause for relaxation by DHS, which the agency leadership fully acknowledges. The Co-Neutrals’ future assessments of DHS’ efforts to achieve and sustain progress in every performance area will continue to be informed by the agency’s planning and implementation activities within each performance period. For this report period, the Co-Neutrals’ collective judgment continues to be that DHS is on the right path. The Co-Neutrals again commend the department’s leadership and staff at all levels for improving outcomes for children and families in Oklahoma. The following Table summarizes the Co-Neutrals’ findings of DHS’ progress toward the Target Outcomes and, separately, the Co-Neutrals’ assessment of DHS’ efforts for each of the performance metrics assessed during this report period. Table TABLE 1: Summary of Target Outcomes SUMMARY OF TARGET OUTCOMES Metric Has Met Target Outcome Has Achieved Sustained, Positive Trending Toward the Target Outcome Has Made Good Faith Efforts to Achieve Substantial and Sustained Progress Toward the Target Outcome

Good Faith Efforts to Achieve Substantial and Sustained Progress. The CSA requires the Co-Neutrals to determine whether DHS has “made good faith efforts to achieve substantial and sustained progress” toward a Target Outcome. This standard requires more than an assessment of DHS’ intentions but necessarily requires a conclusion by the Co- Co-Neutrals that is based on an analysis of the activities undertaken and decisions made by DHS or, as the Co-Neutrals have stated, the inactions or failures to make decisions, and the impact of those decisions and activities on achieving substantial and sustained progress toward a Target Outcome. For example, the Co-Neutrals have focused their review and assessment of DHS’ timeliness and thoroughness to implement, evaluate and, when needed, adjust core strategies to inform their judgment of whether the department has made good faith efforts to achieve substantial and sustained progress toward the Target Outcomes. As noted above, for this and the next six-month report periods the Co-Neutrals will suspend rendering a judgment regarding DHS’ good faith efforts to achieve substantial and sustained progress toward the Target Outcomes for seven Delayed Performance Area Measures. The CSA requires the Co-Neutrals to report on those Target Outcomes that DHS has met, those for which the department has achieved sustained, positive trending toward the Target Outcomes, and those Target Outcomes for which DHS has not achieved sustained, positive trending. For this report period, the Co-Neutrals have determined that DHS made good faith efforts to achieve substantial and sustained progress toward the Target Outcomes in all 23 Non-Impacted Performance Area Measures. Many of the improvements reported in this Commentary are the result of years of investment from Oklahoma and DHS’ efforts to create a safer and more effective child welfare system. The DHS senior management team is focused, transparent and deeply engaged in and committed to this work. They possess the skill and experience necessary to lead the agency to make good faith efforts to achieve substantial and sustained progress towards the Target Outcomes, which they must continue to do, particularly for those measures included in the COVID Impacted Provisions where DHS’ performance has long lagged. DHS’ good faith efforts in this period for all Non-Impacted Performance Area Measures position the agency to achieve substantial and sustained progress moving forward if the department remains focused on effective implementation of strategies that have been working, as well as new strategies and practice changes where necessary to achieve positive trending toward the Target Outcomes. This means continuing to track performance in real time, observing areas of deficiency, and pivoting quickly where needed to improve performance substantially and sustainably. As such, this current assessment that DHS has made good faith efforts in all Non-Impacted Performance Area Measures is an important achievement by the department but is neither binding on future judgments of the Co-Neutrals nor cause for relaxation by DHS, which the agency leadership fully acknowledges. The Co-Neutrals’ future assessments of DHS’ efforts to achieve and sustain progress in every performance area will continue to be informed by the agency’s planning and implementation activities within each performance period. For this report period, the Co-Neutrals’ collective judgment continues to be that DHS is on the right path. The Co-Neutrals again commend the department’s leadership and staff at all levels for improving outcomes for children and families in Oklahoma. The following Table summarizes the Co-Neutrals’ findings of DHS’ progress toward the Target Outcomes and, separately, the Co-Neutrals’ assessment of DHS’ efforts for each of the performance metrics assessed during this report period. Table TABLE 1: Summary of Target Outcomes SUMMARY OF TARGET OUTCOMES Has Made Good Metric Has Met Target Outcome Has Achieved Sustained, Positive Trending Toward the Target Outcome Has Made Good Faith Efforts to Achieve Substantial and Sustained Progress Toward the Target OutcomeOutcome Non-Impacted Performance Area Measures