TESTIMONY AS TO IMPACT OF PRIVATIZATION ON CHILDREN IN NEED
OF
CARE AND THEIR FAMILES
Given by Honorable Jean F. Shepherd
District
Judge
Seventh Judicial District
November 4, 1997
I start from the premise that al1 those involved in the
child welfare system, from the Secretary of SRS, to the new-
est file clerk of the private providers, are well intentioned
and want to see that the needs of children in this state are
met. There are certainly many ways of achieving this goal;
however, privatization of all child welfare services in this
state took place on a chaotic fast track without public dis-
cussion and input. My perspective as to the impact of
privatization is limited only to my county, although I have
anecdotal information from other counties.
State administrators with SRS determined that
privatization would occur and determined the time frame for
it. When it became apparent that there was same confusion as
to the terms of the initial contract, the adoption contract,
and when more prudent individuals might have slowed down the
privatization process for foster care, an enormous venture,
administrators kept it on track and pushed it ahead to its
target dates. Therefore, private foster care contractors
were given an overwhelming task. Although the provisions of
the foster care contract are artfully framed and will be met,
the children and families involved are not being served as
well as they were by the public agency.
Please look at Attachments A and B.
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In Douglas county before privatization in March of 1997,
we had over sixty (60) foster homes as well as numerous group
homes. By October 17, 1997, we had only twenty (22) foster
homes; some of those foster parents are continuing only until
the children who have been with them on a long-term basis are
either adopted or returned home. In addition, we have lost
three of our group homes. To determine the reasons for this,
you will need to talk to those who are foster parents or have
been foster parents as to the impact of privatization on them
and their families. The bottom line, however, is that our
children from Douglas County are not placed in Douglas
County. Between March 1st and August 1st only three Douglas
County children were initially placed in Douglas County fos-
ter homes. Seven children were placed in relative placements
in Douglas County, but these relative placements were located
by SRS workers prior to the children's removal. Although un-
der contract compliance definitions 94% of these children
were placed within the region, only 29%, including those
placed with SRS-located relatives, were placed in Douglas
County, and 71% were not. Placement of Douglas County kids
in Brown, Wyandotte, and Atchison Counties does not meet the
stated contract goal of maintaining family, county, or cul-
tural ties. These distant placements make the provision of
services difficult and require that our private provider
spend too much time dealing with transportation issues rather
than the all important issues of visitation and therapy nec-
essary for either reintegration or healing.
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Privatization, in my view, has led not to the healthy
free competition one might expect; instead it has created
enormous service monopolies in this state. Before
privatization we had four or five family preservation choices
in our county. I am not unhappy with the quality of services
provided by our family preservation subcontractor. However,
we no longer have the choices that we had before. Another
example of this monopoly is that in the past if we had ques-
tions as to abuse or neglect or quality of services in one
placement or with one provider, we would attempt not to send
our children to that entity until problems were resolved. We
have had three confirmed sexual abuse incidents in a facility
operated by our private provider. However, we have had to
continue to send our children to that facility, including the
children who were abused in that facility, because we have no
other options or alternatives under the contract. Our pro-
vider operates the only show in town. See Attachment D.
As you may be aware, the Kellogg grant and the Kansas
Families for Kids program really emphasize the concept of one
child welfare team\one worker per child during the time that
child is in the system. In March, 1997, our private provider
was put in the unpleasant position of having to hire one hun-
dred new workers, many of whom had no training in the field
of child welfare law and/or services. The contractor has
done what it needs to do as far as sifting through workers
who do not belong in this field, but that has meant that many
children have had at least three workers since March and in
at least one case a child has had six different case managers
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in a little over six months. Services are delayed every time
workers change. For example, two little three and four year-
old boys had no visits with their parents for over four weeks
from the day they were removed; this time period included one
child's birthday; they have had three different social work-
ers and no assigned case manager.
As an aside, the workers put in twelve hour days and are
on call with pagers twenty-four hours a day, seven. days a
week. They burn out quickly.
Because there are now different adoption subcontractors
throughout the state and they are not identical to our foster
care contractors, if a case transitions to adoption the chil-
dren now have another case worker at a time that can be most
traumatic, just when their parental rights are terminated and
they are leaving a long term foster home. The privatization
of adoption services in many ways has been positive for kids
in this state. It allows an entity to prioritize adoption
services; under the old system, SRS workers were constantly
dealing with crises and with day-to-day services for children
in foster care. Very often children in stable pre-adoptive
placements did not have adoptions finalized quickly. How-
ever, privatization has created false and artificial barriers
and requires that there be case worker changes simply because
a case goes to an adoption case plan.
In addition, barriers are created by privatization when
various factual scenarios occur which are not uncommon with
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the families we see. A specific example would be one in
which children are in custody in one county with Contractor A
as children in need of care and the mother goes to another
area to receive inpatient drug/alcohol treatment. She may
give birth in that area to a new child or take an infant with
her to treatment. If the child in the new area goes into
custody he or she goes to Contractor B who will in turn be
financially responsible for that child and will have to sub-
contract with the provider in the original area in order for
the siblings to be placed together. If the mother returns to
the area where the siblings live, the case logically belongs
where the siblings are but the private provider system has
created almost as much bureaucracy as the Interstate Compact
in order to transfer the case and subcontract for services
within this state. Given that factual scenario we have found
it simpler and faster to dismiss a case and refile it in our
area.
I have real concerns as to whether or not our children
are coming into custody as they need to for their own protec-
tion in our county because the experienced case workers at
SRS (a) know of the overwhelming task our private provider is
facing; (b) know that our children will be placed out of
Douglas County; (c) know about staff turnovers and delay in
services; and (d) know that when our children are placed some
of them have been sleeping in hallways and all will go into
temporary "gateway" placements before they can go into a
more stable placement.
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Before privatization, our workers far young children
would more often than not have pre-located foster homes for
those children where the children would be able to remain un-
til the issues involving their case would be resolved. This
type of communication and pre-removal planning apparently
does not exist between our local SRS office and our private
provider. I do not know the reason for this, but even most
very young children now go into temporary homes before they
go into their actual foster care placements.
As you review privatization you need to look at the out-
come goals stated in the contract. One of those goals is
that children experience a minimum number of placements. See
Attachment C. Examine how moves are counted for our chil-
dren. A move is a move is a move. Think of a university stu-
dent who is older and better able to handle these moves; how
would that student function academically and socially if he
or she moved on the same campus from Naismith Hall to GSP to
Templin to a fraternity to McCollum within a ninety day pe-
riod? Every single item belonging to that student would need
to be moved and the student would need to readjust, get reac-
quainted, and learn the rapes of each of those new place-
ments. For these children every move is a move, and every
move needs to be looked at very carefully. Moves create some
serious long term consequences for kids. They stop connect-
ing to people because there's no point to it. In addition,
evaluations and therapy do not occur when children are moving
from place to place. Of 211 kids in care in our county, 123
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have moved 423 times but many of those moves do not count un-
der the contract definition (SRS data). Two children, one
and two years old, have moved four times in six months.
I suspect that the actual costs of privatization of fos-
ter care is more rather than less than the cost of the old
system. It would be interesting to note whether or not there
has been an actual decrease in the number of SRS employees in
the child welfare area since December of 1995, the last of-
ficial count date before privatization began in 1996. Not
only does SRS have employees in this field, the contractors
have employees. Our contractor, also a group home provider,
is putting children in group homes rather than foster home
since we have lost so many foster homes. Group home place-
ments cast more than foster home placements. The bottom line
is that I question whether the money is making it through the
funnel to provide needed services for children and their
families or whether the money is being used to support es-
sentially two levels of agencies.
Finally, it will be impossible to compare the results
obtained by the foster care contractors to the results under
the old system. This is because the definitions have been
manipulated and the standards for the private providers are
lower than the standards were for public SRS workers. It is
my further understanding that SRS is again changing computer
systems. We never have been able to count on much accuracy
from that system before, so I do not know how we can make
accurate comparisons.
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Now that privatization has been accomplished, and all
of our former service variety and foster homes no longer ex-
ist, if contracts are terminated due to lack of success, and
bids go out to new contractors, I can see no way to avoid a
repetition of the chaos we are working through. The old sys-
tem has been completely dismantled and the safety net which
formerly existed for children is no longer present. Any new
system would have to be created from scratch, and the private
system would need to be repaired and remodeled.
To truly evaluate the impact of our present system on
children and their families, people involved in this system
need to have input. This would include biological families,
children, foster parents, mental health professionals, courts
and guardians ad Litem. In this evaluation process we cannot
rely on written surveys because some users of the system are
not proficient at writing and reading and they do not respond
to long detailed written surveys. It would take time and en-
ergy for individuals to locate and talk to these people about
the impact of this entire process.
This legislative committee should also hear from citizen
review board members and CASA's concerning their observa-
tions. I know that SRS workers who have been given the job of
case managers are hesitant to speak out as to what they see
going on under privatization and its impact on children in
this state due to pressure they feel from administrators.
It is possible that privatization could work for chil-
dren in this state. However, the speed with which it was
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accomplished has caused the chaos which exists for the agen-
cies trying to provide good services for kids. I am con-
vinced that our private contractor wants to do the best job
possible for kids. However, I think that entity has been
given an impassible task due to the numbers of children in
foster care, time frames, and personnel issues which were
sure to surface.
If any member of this committee wishes to come to
Douglas County and sit in court or sit in on a citizen review
board hearing you are always welcome. Please just call (785)
832-5230 and we will be happy to make a schedule available to
you. Thank you for your time and attention you have given to
this issue.
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