Department of Law details child welfare reform trial costs and flags a large DOC class action; legislators press for details

Deputy Attorney General Corey Mills told the House Finance Department of Law Subcommittee that the child welfare reform trial was a three-week, judge-only proceeding that required extensive evidence and cost about $7,000,000 in total departmental resources. He said the Legislature previously appropriated $4,000,000 last session and $1,500,000 the year before, for $5,500,000 in appropriations against the case.

Mills said the trial was evidence-intensive and that the department hoped a judge would recognize major policy reforms are properly products of the Legislature and executive branch rather than court orders: "We are hopeful, that the judge will, see that what we believe, which is that these sorts of policy decisions really fall to this body and are not decisions that should be made... by a court," Mills said.

Legislative concerns and exchange
Representative Grama said the plaintiffs' presentation resembled a template from other states and criticized the prosecution's preparation, arguing the plaintiffs "did not do their due diligence" and warning that a court loss should not be read as evidence that the Office of Children's Services is performing well. Mills responded that plaintiffs' demands were vague and that interrogatories did not yield specifics.

Department of Corrections class action
Mills told members the department is preparing for a separate class action against the Department of Corrections that challenges inmate health care and may require substantial discovery. He said a motion to dismiss was denied on Dec. 30, 2025, discovery is beginning, and the department has ingested roughly five terabytes of data and identified more than 300 custodians. Mills said the department is assessing whether the case can be handled in-house or will require outside counsel and additional resources.

Costs and in-house capacity
Committee members asked how much outside counsel costs versus in-house work. Mills said outside counsel is typically at least double and often triple the per-hour cost of in-house counsel, though outside counsel can be efficient when bringing specialized expertise. He cited the child welfare trial as an example where in-house attorneys and paralegals gained trial experience and helped contain costs.

Next steps and follow-up
Members asked for more granular cost accounting and for clarity on what the plaintiffs sought in the child-welfare case. Mills said some discovery and settlement information may implicate attorney-client or work-product protections but agreed to return follow-up details to the committee.