How effectively is the Department of Health and Human Service (HHS) enforcing MEPA?
HHS is enforcing only one provision of MEPA/IEAP. Enforcement has focused solely on the “delay or deny” provisions of the act and ignored the diligent recruitment section entirely. In fact, the entire section in the Code of Federal Regulations focuses on the “delay or deny” provision and subsequent penalty. There is no mention of the need to enforce the provision mandating recruitment of families of color, and there have been no fines or investigations of failures of this portion of MEPA. HHS has conducted more than 130 investigations of alleged violations of MEPA’s delay or deny provisions and has fined agencies in only two cases: Hamilton County and the state of Ohio in 2003, and the state of South Carolina in 2006. After most other investigations, agencies have agreed to make changes requested by HHS. Child and Family Service Reviews (CFSR), enacted after ASFA, require states to identify compliance with the recruitment provision of MEPA. Only 22 states even reported having plans for
