TOPEKA — With increased rates of children in the foster care system sleeping in offices and social workers spending their time “shuttling kids” from place to place, advocates say lawmakers and government officials need to step up before the state faces another lawsuit.
Lawmakers at a Tuesday child welfare system oversight meeting shifted the pressure to the state’s child advocate.
Sen. Molly Baumgardner, R-Louisburg, grilled Kerrie Lonard on solutions for Kansas’ failure to improve the foster care system in key areas.
“What recommendations do you have, so that this doesn’t go back to the courts?” Baumgardner queried. “Because I see that as happening.”
The second legally mandated foster care system report, released Aug. 14, examines all of the foster care system data available for the 2022 calendar year. Data from the report shows the state has failed to meet several key targets, such as ending the practice of one-night placements and the practice of housing children in offices or other inappropriate settings.
The yearly assessment is one condition of the state’s settlement of a class action federal lawsuit with Kansas Appleseed and other entities, which was settled in January 2021 after the state agreed to work toward system improvements.
Lonard was selected in December 2021 by Gov. Laura Kelly as leader of the Division of the Child Advocate. Lonard’s division was created to allow independent investigations into the foster care system and to help the state improve the system.
The division was created as part of Kelly’s administration after lawmakers on both sides of the aisle failed to reach a compromise on oversight plans. The move stirred anger among Republicans in the Legislature who didn’t want the position under Kelly’s purview.
Lonard’s department holds public and private entities accountable by reviewing practices, educating children in the system about their rights and receiving complaints on behalf of children, among other duties.
Lonard told Baumgardner there isn’t an easy fix to issues such as the increased movement and the scattered data system.
“If there was a quick, easy answer, I think we would have it,” Lonard said. “I think it’s very complicated, and I think it’s going to take very strategic steps at the front end, all the way to our youth who are —”
Baumgardner interrupted Lonard, commanding her to be specific.
The senator said children and youths were “forced to just take it,” in terms of being moved around repeatedly, or spending nights in foster care offices. She said solutions needed to be forthcoming, especially since the Legislature had been blamed.
“We need to know as legislators because we repeatedly get blamed. … We need to know as a legislature what exactly each of these contractors are going to be doing to make the changes so we’re not going to end up in court,” Baumgardner said.
“Quite frankly, I’m not afraid of going to court,” she added. “But what concerns me most is the reason for perhaps going to court is because we made an agreement. And the contractors have known upfront what that agreement was. And we haven’t abided by the agreement, and that means we have not done what many have said is best for children.”
