‘They’re being damaged.’ Kansas foster children’s advocates demand accountability from state

Lawyers who filed a class-action lawsuit in 2018 on behalf of Kansas foster children say the state has failed to improve stability and mental health services for children in care.

That’s why they announced that they would meet with the leadership of the Ministry of Children and Families soon and share their frustration and their intention to resort to mediation if no changes are made. They could then return to court for further advice.

“We don’t see things moving in the right direction and we’re very disappointed,” said Teresa Woody, litigation director for Kansas Appleseed, one of four entities that filed the class-action lawsuit that led to the settlement the state is now in. “I just think everything they’re doing is not working. … The foster care system continues to fail children.”

Woody and other attorneys involved in the lawsuit shared their concerns and plans for “next steps” with reporters Tuesday. The briefing came a day after a new report showed that for the third year in a row, DCF failed to meet requirements of the foster care settlement agreement and backslid in some areas.

In fact, an independent observer’s report showed that of the 14 criteria the state must meet to escape court oversight, DCF met only four in calendar year 2023. One could not be measured, another was in progress, and eight were not met.

The previous year, the state had failed to meet six targets.

A recent report from the Center for Social Policy Studies showed that fewer children were in stable placements in 2023. The rate at which children moved between placements increased, and children were still sleeping in child welfare offices at night.

The report notes that Kansas has made progress in some areas. But the independent monitor also found that the state is far from meeting most of its final goals on time.

DCF Secretary Laura Howard said she, too, was disappointed that more benchmarks were not met, but said she saw improvements in 2024 that should be highlighted in the next progress report in a year.

Howard said she understands the passion of lawyers and advocates who want to see improvements in the system.

“I’m doubly committed to focusing on the areas where we haven’t seen the progress that we’d like to see,” Howard told the Star. “I want them to know that I’m committed, that the governor is committed, to continuing to make these reforms.”

“And I believe our entrepreneurs are too.”

“On the verge of taking the next steps”

Local advocates and two national children’s rights organizations filed a lawsuit in November 2018, alleging that some Kansas children were treated so poorly that they suffered mental illness or ran away from foster care.

In some cases, the plaintiffs said they were victims of sex trafficking, sexual abuse in foster homes or, in one case, raped in a child welfare office. The goal of the lawsuit was not to receive money, but to fix the system for these children and others who will come after them, the attorneys who filed the suit said.

Criteria set out in the agreement include the extent to which the state tracks youth incarcerations and caseloads of workers and supervisors and requires DCF to work to provide stable placements for children in foster care and access to mental health services.

On Tuesday, the attorneys said that when they speak with DCF leaders, they will be clear about their expectations.

“We would like to see them bring in outside experts because it doesn’t seem like the state is really capable of making the changes that are needed,” Woody said. “We would also like to see a lot more oversight of contractors and some indication that DCF knows what contractors are doing and is asking them to come up with plans.”

“But if that doesn’t happen, we’re about to move on to the next step.”

Since the beginning of the summer, five nonprofit entrepreneurs have been managing foster families in the state.

If the case goes to mediation, a third party would work with both sides to see what the state must do to meet its obligations under the settlement agreement, the attorneys said.

Leecia Welch, deputy litigation director for Children’s Rights — which was part of the class action — said the independent monitor’s work provides crucial data the state must use to improve the system for children in care.

“They have the ability to make changes in the way they operate,” Welch said at Tuesday’s briefing, “and really focus and understand children whose needs are not being met much better than they’ve ever been able to understand those children before.”

“I really hope that they will take this opportunity and look at this issue, read the recommendations that the experts at the CSSP (Center for the Study of Social Policy) have made and decide where they want to focus their energy.”

Woody said everyone should take note of what’s happening with the foster care system in the Sunflower State.

“We hope people understand that this is everybody’s problem,” Woody said. “These are kids from Kansas, and everybody should be shocked by what’s happening, and everybody should be working to find a solution to this problem.”

“And that’s about the legislature, it’s about the systems, it’s about the entrepreneurs. (…) Everybody should be outraged that these kids are not being put in a situation where, you know, not only are they not thriving, but they’re being damaged.”