EYE ON KANSAS

Examining the impacts of the privatization of foster care and family preservation services in the state of Kansas.

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Local coverage | Related reading | Testimony | Audits


OVERVIEW

After a decade of documented failings in the Kansas foster care system; after eight years of litigation and hundreds of thousands of dollars in legal fees, critics charge the state of Kansas still isn't close to meeting even the minimum standards of care for its abused and neglected children.

The state agency entrusted with the protection of children has not passed a state compliance audit since 1989. Even after a landmark suit against the agency initiated by the American Civil Liberties Union was finally settled, audits pointed to continued failure to comply with even the most basic provisions of its consent decree.

By March of 1997, the state legislature had allocated over $800,000 in legal fees for the department--money which presumably could have been better spent on the children in state care. As of January 1998, SRS was in compliance with only 15 percent of the terms of the agreement.

Today, Kansas proudly boasts that it has become a "model for the nation" by privatizing its foster care, family preservation and adoption programs. Already several states are eyeing closely this managed care model.

Georgia plans to proceed with privatization of its child welfare services as the result of a conference sponsored by the Kansas social welfare agency. About 250 representatives from 36 states showed up at the seminar SRS conducted on privatization.

What the state of Georgia doesn't know is that several ardent critics of privatization have detailed the new system's failures. The reason Georgia doesn't know is that SRS most effectively controlled the presentation.

The Kansas Chapter of the National Association of Social Workers reports that it was barred--along with state legislators--from attending the conference. To make matters worse, the KNASW had prepared a booklet for distribution at the event, from which the testimony of at least two ardent critics was physically removed. Among these critical pieces of suppressed testimony was that of TC Mosier, President of United Foster Families For Children, an organization founded to advocate on behalf of foster children in the wake of privatization, and that of Hon. Jean F. Shepherd, District Judge of the Seventh Judicial District.

"Privatization of all child welfare services in this state took place on a chaotic fast track without public discussion and input," judge Shepherd had told a Kansas committee. By November of 1997, legislators were facing a deluge of complaints that privatization of child welfare services wasn't working. Audits confirmed that SRS had failed to so much as conduct cursory background checks on its providers. Worse, a few short months after privatization, monthly court statistics showed that the number of children in need of care were almost twice what they were the previous year.

By May of 1998, reports indicated that children were being lost in the system and shifted from home to home too often. Foster care families and homes were being driven from the system by the new requirements of privatized care. Professionals are frustrated by what they see as a decline in basic care for foster children.

State inspectors had identified numerous health violations in one of the new facilities, and critics charge that even with reported incidents of sexual abuse of children in state care, the virtual monopolies created under the managed care plan have left judges without alternative placements in which to place children.

Today, proponents of privatization continue to promote it as a panacea for the ills of the child welfare system. "States should consider completely privatizing foster care and adoption," notes the May 1998 edition of the influential journal Reader's Digest, citing as a source Conna Craig of the Massachusetts-based Institute for Children.

In August of 1997, Craig admonished the public and press during a press conference televised on C-SPAN to keep a close eye on events in Kansas. Critics since charge that if Kansas is to be credited with anything, it is that of how to become a model for rest of the nation by systematically failing.

As privatization continues to sweep the nation like wildfire, it is children who will pay the price. Already, Illinois Public Guardian Patrick Murphy has blamed fast-track privatization in his county for the needless death of a foster child.

Follows a selection of local news coverage, agency compliance audits, related readings, and, of course, copies of the suppressed testimony.

LOCAL NEWS COVERAGE

    Former SRS Secretary Keeps Eye on Agency
    Jim McLean, Capital-Journal, March 23, 1999
      Unlike many, Harder doesn't believe the children in the state's care are better off now than before, even though deficiencies in the old system prompted the American Civil Liberties Union to file a lawsuit against the state. Today, the buck gets passed between the agency and the three private contractors hired by the state to manage the system.

    Graves Agreeable to Bailout of Foster Care and Adoption
    Jim McLean, Capital-Journal, March 14, 1999

      Gov. Bill Graves said Friday he would support a request from the state's social service agency for $35.7 million in emergency funding to bail out Kansas' struggling foster care and adoption contractors. The governor's frustration stems from the fact that cost overruns have become the norm in the foster care system, which was privatized in the spring of 1997.

    Foster Care, Adoption Need Funding Infusion
    SRS officials detail shortfalls in budget to Senate oversight committee. Jim McLean, Capital-Journal, March 12, 1999

      Covering shortfalls in the state's privatized foster care and adoption systems will cost $35.7 million more than expected over the next two budget years, officials from the Kansas Department of Social and Rehabilitation Services told lawmakers.

    Foster care crisis needs attention
    Jim McLean, Capital-Journal, February 2, 1999

      Recent studies by the Legislative Division of Post Audit revealed that the tremendous and unanticipated influx of children entering foster care had stretched the service-delivery system to the limit. The courts are clogged. And in some parts of the state, children who would be better off with traditional foster families are being crowded into group homes that some lawmakers compare to the orphanages of the past.

    Youthville Stays Course for Foster
    Chris Strunk, Newton Kansan January 30, 1999

      On average, United Methodist Youthville receives $1,045 a month per foster child. It costs the organization about $2,100 a month per child to care for the children removed from their homes and placed in its care, a spokesperson said. Youthville said 63 percent of its budget is money paid to service providers.

    Senate Leader Proposes Fixes for Care 'Crisis'
    Jim McLean, Capital-Journal, January 28, 1999

      Since the beginning of privatization in spring 1997, it has been apparent the private contractors underestimated the cost of providing services and the state failed to anticipate the demand for services. Combined, the miscalculations conspired to cause large cost overruns that forced SRS to provide the contractors with more than $40 million in emergency funding over the past two budget years.

    Bill Would Protect Whistle Blowers from Contractors
    Jim McLean, Capital-Journal, January 20, 1999

      A Topeka lawmaker is expected to introduce legislation today that would give employees of private contractors the same "whistle blower" protections enjoyed by state workers. Rep. Rocky Nichols, D-Topeka, said he had the bill drafted after some employees of private foster-care contractors told him they were afraid to bring their concerns about the system to the attention of supervisors and legislators.

    Private Foster Care System Remains Work in Progress for Agencies
    Chris Strunk, Newton Kansan, December 4, 1998

      Earlier this year, SRS gave its three contractors another $25 million. As part of that settlement with the state, United Methodist Youthville received $11.2 million. While that money wasn't directly passed on to the Salvation Army or the Wichita Children's Home, it was used to pay the providers for their services.

    Critics Find Flaws in New Foster Care
    Area professionals say privatization has compromised quality of services.
    Ric Anderson, Topeka Capital-Journal, August 17, 1998

      More than a year after Kansas became the first state to privatize its foster care system, child welfare advocates and social welfare professionals say the groundbreaking arrangement is suffering from a number of disturbing problems.

    Children Will Pay
    Kansas can't afford to sit back and wait for its privatized foster care system to get better.
    Editorial, Lawrence Journal World, May 3, 1998

      According to various reports, children are being lost in the system and shifted from home to home too often. Many foster care families and homes are being driven from the system by the new requirements of privatized care. Professionals are frustrated by what they see as a decline in basic care for foster children.

    Critics Say Kansas Foster Care Experiment Failing
    Mike Shields, Lawrence Journal World, posted April 26, 1998

      Several critics of the privatized foster care initiative say it has made a historically inadequate system worse than ever.

    SRS Renews Foster Care Contracts
    In the second year of privatization, three non-profit groups will handle needs of children in state custody.
    Roger Myers, Topeka Capital-Journal, February 5, 1998

      Giving foster care privatization a renewed vote of confidence, the state's social welfare agency Tuesday said it has renewed the contracts of three non-profit groups that handled foster care for the state last year.

    Report: Compliance of SRS Low
    Roger Myers, Capital-Journal, January 7, 1998

      The Kansas social welfare agency complied with only about 15 percent of the requirements of a court-approved settlement of a foster care lawsuit, the Legislative Division of Post Audit reported. "If one were to look at only those requirements which were scheduled for review, the report would reflect that the department was in compliance with 12 of 29 requirements during this period, which is 41 percent," said Rochelle Chronister, secretary of SRS, in response to the report.

    State Conference Influences Georgia's Privatization Plan
    Roger Myers, Topeka Capital-Journal, November 27, 1997

      Georgia plans to proceed with privatization of its child welfare services as the result of a conference sponsored by the Kansas social welfare agency. About 250 representatives from 36 states showed up at the seminar SRS conducted on its privatization of adoption services, family preservation services and foster care services.

    SRS Drafts Plan to Tackle Child-Welfare Ills:
    Privatization has led to breakdowns, complaints allege
    Roger Myers, Topeka Capital-Journal, November 25, 1997

      Facing a deluge of complaints that privatization of child welfare services isn't working, officials of the state's social welfare agency unveiled an action plan to answer the criticism.

    Judge Questions Program Benefits
    Privatization of Child Welfare Programs Center of Controversy
    Roger Myers, Topeka Capital-Journal, November 5, 1997

      "Privatization of all child welfare services in this state took place on a chaotic fast track without public discussion and input," judge Shepherd told a Kansas committee.

    Task Force Urged to Find Remedy for Foster Care
    Steve Fry, Topeka Capital-Journal, April 24, 1997

      A Shawnee County judge wants the Foster Care Special Task Force to develop a way the state Department of Social and Rehabilitation Services can pass an audit of its foster care program within a reasonable time.

    Jury Still Out on Privatization of Foster Care and Adoption
    Muneera Naseer, Topeka Capital-Journal, April 10, 1997

      It is still too early to see what has changed because of privatization of foster care and adoption in Kansas, according to members of a community forum

    Heat is on for Answers
    Topeka Capital-Journal, March 24, 1997

      After a decade of documented failings in the state's foster care system, and after eight years of litigation and hundreds of thousands of dollars in attorneys' fees, officials say the state still isn't close to meeting even the minimum standards of care for its abused and neglected children.

    Child Advocate Seeks Compliance by State
    Associated Press, Topeka Capital-Journal, March 5, 1997

      A Topeka attorney representing Children's Rights Inc. has filed a motion in Shawnee County District Court seeking to force the state to comply with terms of a 1993 agreement that settled a foster care lawsuit.


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