Lawmaker: State should cut ties with foster care contractor

A Kansas legislator wants to end the state's contract with its largest foster care contractor, Saint Francis Ministries, after two former executives were indicted.

By

State News

November 16, 2022 - 1:58 PM

The Kansas State Capitol Building

MISSION, Kan. (AP) — The head of a Kansas legislative panel wants to end the state’s contract with its largest foster care contractor, after two former executives were accused of scheming to defraud the organization out of at least $4.7 million.

The federal indictments this month against the Rev. Robert Smith, the former CEO of Saint Francis Ministries, and William Whymark, its former chief information officer, capped a string of problems with the group, including children being forced to sleep in offices and workers falsifying documents to show visits with families that never took place.

“I am horrified at the level of devious behavior by Saint Francis,” state Rep. Susan Concannon, a Beloit Republican and the chair of the Joint Committee on Child Welfare System Oversight, said before a meeting Wednesday.

“The more we find out, the more we realize we don’t know! They do not deserve to continue a partnership with the state of Kansas in any capacity,” she said.

Saint Francis Ministries, which sued Smith, Whymark and its former chief counsel earlier this year in an attempt to recover money, said in a statement that it respects the criminal justice system to resolve the matter.

“We do not wish to interject any comments that might interfere with justice or the due process of the accused,” the group said.

Mike Deines, a spokesman with the Kansas Department for Children and Families, didn’t immediately respond to a phone message seeking comment.

Late last year, Nebraska did what Concannon proposed and announced that it was terminating its contract with Saint Francis to oversee the care of abused and neglected children in two Omaha-area counties.

Saint Francis had been exceeding Nebraska’s caseload requirements and ultimately conceded that it had underbid its contract with the state. It had to ask for more money. The Nebraska Department of Health and Human Services said in a statement that it was a mutual decision to transition those management duties back to the state.

Saint Francis, which also operates in Arkansas, Mississippi, Oklahoma and Texas, has sought to distance itself from Smith and Whymark since they left in 2020 after a whistleblower came forward.

But the wire fraud, conspiracy to commit wire fraud and money laundering charges have thrust past scandals back into the news. The charges carry a sentence of up to 20 years in federal prison.

In the indictment, prosecutors allege that Smith hired Whymark’s company to help revamp Saint Francis’ IT systems and then approved inflated invoices.

Whymark, 50, of Mount Kisco, New York, is accused of using the the fraudulently obtained funds to help pay for a roughly $4 million home, luxury vehicles and jewelry, and to make cash withdrawals.

Smith, meanwhile, used company credit cards to withdraw cash and pay for clothing, jewelry and family trips, the indictment says.

Smith, 50, previously filed a counterclaim against Saint Francis officials alleging defamation. His attorney, Lance Sandage, didn’t immediately reply to a phone message seeking comment.

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