Kansas foster care advocates settle lawsuit

The state of Kansas has settled a class-action lawsuit with attorneys who represent Kansas foster children.

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July 10, 2020 - 2:58 PM

LAWRENCE — The state of Kansas has settled a class-action lawsuit with attorneys who represent Kansas foster children.

Advocates sued the state in November 2018, arguing Kansas was not providing enough mental health care and shuffled children between homes too frequently. The long-troubled system has been criticized for, among other things, having children sleep in offices due to a lack of available homes.

The settlement, which was filed Wednesday but won’t take effect until a judge approves the terms and all foster children are notified, requires the state to stop making frequent moves and to track the children more carefully. Earlier this week, Gov. Laura Kelly announced the creation of a foster care report card, which will also track outcomes.

“It’s just a really good improvement for kids,” said Teresa Woody, an attorney for the nonprofit Kansas Appleseed, who was part of the group representing Kansas foster children.

Over a four-year period, the settlement requires the state to:

• Stop housing foster children in hotels, motels, cars, stores, offices, unlicensed homes or any other non-child-welfare housing.

• Authorize and provide mental health treatment in a timely manner.

• Make sure no foster care placements go over capacity.

• Make crisis intervention services available to foster children statewide.

• Stop putting children in a different home every night by the end of 2021.

• Stop putting children in short-term placements by the end of 2023.

• Comply with each required improvement for at least 12 months straight.

• Carefully track all movements of foster children, including the number of children who end up in jail, prison or another juvenile justice placement.

• Include the changes in grants within 30 days of the settlement.

• Create an advisory group consisting mostly of people knowledgeable about or involved in foster care to oversee the process and make suggestions.

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