Wednesday, February 24, 2010

Kansas Joint Committee on Childrens Issues Wrote New HB 2513 Which Can Lock Up Runaways Even When They Are In Their Parents Home



JUST SAY NO! TO THIS OUTRAGEOUS BILL!!!

Just more government control over the children and more reasons to place children in custody of the state.New CINC HB 2513 would lock up ANY juvenile runaways even if they are in their own home..or if the child refuses to stay at the court ordered designated residence and wants to stay with their other parent they will be considered a runaway and locked up...Hey the child might want to go visit grandma and grandpa and this could be considered a runaway.

http://www.kslegislature.org/bills/2010/2513.pdf

Sunday, February 21, 2010

Social Worker Speaks For Children and Families

Wichita, KS
Feb. 20, 2010

Below is the written text of a speech given on Saturday, Feb. 20th, 2010 at the Wichita Winter Rally Tea Party by a Kansas licensed therapist and Social Worker on behalf of children and families caught in the corrupt foster care system.

Good afternoon and welcome to the Tea Party!! My name is Deborah Wilson and I am a licensed therapist and school social worker here in Wichita. I am here today to speak on behalf of many children and families whose rights have been violated and continue to be violated.

I have been an advocate for a mother who lost custody of her 2 young boys one year ago because she reported suspected sexual, physical and emotional abuse of her boys. She is a protective parent; however, her rights and the rights of her children have been ignored and they remain in SRS custody on the basis of an illegal court order. I am learning of many more cases that are very similar to hers where the protective parent has lost their rights and their children were placed with their perpetrator or in SRS custody by a judge of the court through family or juvenile court.

Our work is for the purpose of giving those parents, grandparents and other caregivers a voice, and the avenue to have legal recourse so they can provide safety for their children.

Parents and children have lost their rights in this city, in this county and in this state. The organizations that have been put into place to protect our children are doing just the opposite. Exploited and Missing Children’s Unit, police officers, SRS, Youthville, Juvenile and Family court judges, case managers, District and assistant District Attorneys, and Guardian Ad Litems are misusing their power, even breaking laws all in the name of “THE BEST INTEREST OF THE CHILDREN”!!! I know of many cases where EMCU and SRS have done minimal investigations, where they have not interviewed all parties, considered all evidence, have tampered with evidence, have deleted information that was relevant to a case and have NOT made sound decisions that keep children safe!!

We have pedophiles walking our streets, who have custody of their own children at the hands of judges in Sedgwick County. We have many children in this county who have been placed in SRS custody and parents are told it is “IN THE BEST INTEREST OF THE CHILD”!! Removing children from their home should be a LAST RESORT MEASURE and only done in extreme cases of abuse or neglect!! I also know there is a breakdown among the systems and that the District Attorney’s office DOES try to influence SRS social workers when they have a Child In Need of Care Case. I know this because I used to work for SRS in Wichita! The DA’s office brings up every legal action ever taken against the parents and their family members – traffic violations, DUI’s and etc. and enters that into the case information when they file their petition to remove children from the home!! They look for everything that will make the parent look like an unfit parent, and then in the courtroom bring up that information and influence the direction that the case will go. Parents are ENTITLED to a 72 hour hearing after their children are removed from their custody. This ensures that children are not out of the home too long if the problem can be easily resolved. This does not always occur. In fact, the mother who lost custody of her 2 boys did not get a “72 hour hearing” for 2 months after the fact!!!

Once your children are placed in SRS custody, it is VERY difficult to get them out. SRS and the foster care provider, usually Youthville, start a case plan that lines out months of “interventions” which are court orders required to be completed by parents and children before they can be placed back in the home. Yes, there are cases where this needs to occur, however, there are many cases where it harms children to be placed in foster care, and to continue in foster care. Research shows that children are more likely to be abused in foster care than in their own homes!! Research also shows that 80% of the prison inmate population had been in foster care as a child.

The Constitution of the United States of America:
Article XIV.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Kansas Constitution states in article 15, item #6: Rights of women. The legislature shall provide for the protection of the rights of women, in acquiring and possessing property, real, personal and mixed, separate and apart from the husband; and shall also provide for their equal rights in the possession of their children.

Parent’s constitutional rights are being violated, and our children have NO RIGHTS!! It is up to us to protect our children and all children within our community.
The Senate Judiciary Committee approved a bill, Senate Bill 468, on Wednesday, February 17th that would make it more difficult for citizens to call for a grand jury investigation when they believe the law is not being followed. If the bill passes then it will go before the House Judiciary Committee, and if passed then it will go to the floor to be voted on.

Barbara Hollingsworth, reporter for The Topeka Capital-Journal wrote on February 17th:
“Currently, a citizen petition signed by 100 voters plus 2 percent of county residents who voted in the previous election for governor will prompt a grand jury to be summoned. Once established, those grand juries can investigate multiple cases. Under an amended version of the bill, citizens would need the signatures of 100 voters plus 5 percent of people who voted in the previous election”.

Please let your voice be heard and sign the petition to vote AGAINST this bill that would further limit our constitutional rights as citizens.

Thank you and may God Bless you.

Saturday, February 20, 2010

Child welfare summit scheduled

http://www.khi.org/news/2010/feb/08/child-welfare-summit-works/

National experts expected to testify to House committee
The hearings are scheduled at 1:30 p.m. on Feb. 24 and 25 and on March 1 and 2 in the Statehouse, Room 346-S.

By Dave Ranney
KHI News Service
Feb. 8, 2010

TOPEKA — The chairman of the House Federal and State Affairs Committee is planning a four-days of hearings on child welfare issues.
“I’m trying to bring in some national experts to talk about best practices on foster care, adoption, family preservation and some other issues,” said Rep. Melvin Neufeld, R-Ingalls.
“We’ll spend a day with the courts – the judges – to see if there are any changes that can be made in the law to make things work better,” Neufeld said.
The hearings are scheduled at 1:30 p.m. on Feb. 24 and 25 and on March 1 and 2 in the Statehouse, Room 346-S.

Bills in play
The hearings coincide with legislators considering at least five foster care reform bills:
HB 2461 would block the state from renewing its foster care, adoption and family preservation contracts with private contractors.
HB 2494 would prohibit judges from putting a child in foster care solely because his or her parent(s) are homeless.
HB 2511 would allow SRS to pay grandparents to care for grandchildren who’ve been removed from their parents’ custody. Payment would be commensurate with what foster parents are paid.
HB 2512 would order the courts to review Kansas Department of Social and Rehabilitation Services placement decisions affecting children in foster care. Without the court’s approval a child would not be moved.
HB 2513 would direct law enforcement to hold a runaway child in a secure facility until a court decides if the child should be in foster care.

Privatization
Kansas privatized most of its child-welfare responsibilities in 1996. Today, SRS investigates reports of child abuse and neglect and monitors a child’s progress within the system. Direct services are provided by regional contractors.
Several legislators – conservative Republicans, mostly – have been critical of privatization, accusing SRS and the contractors of abusing the rights of parents and grandparents.

In December, Rep. Mike Kiegerl, R-Olathe, accused the contractors of wielding “Gestapo-like powers” in their dealings with parents accused of mistreating their children.
Kiegerl is vice chair of the House Federal and State Affairs Committee.

Neufeld, a former speaker of the House and a key figure in the decision to privatize, said the hearings would focus on child welfare issues rather than specific legislation.
“What we’re looking for, really, is how do we make things better,” he said. “That’s really what this is about.”
SRS and the contractors have cited data showing that while there are exceptions, most children in foster care receive more services, remain closer to home and spend less time in the system than before privatization.
Neufeld said he’s sure there are shortfalls within the system.
“Any program that’s as diverse as this, there are going to be things that don’t happen right,” he said. “But the question to me is: How do we make the system work better and do a better job protecting chidlren in state custody.”
Neufeld is vice president of the National Conference of State Legislatures.

http://www.kslegislature.org/bills/2010/2461.pdf

http://www.kslegislature.org/bills/2010/2511.pdf

http://www.kslegislature.org/bills/2010/2512.pdf

http://www.kslegislature.org/bills/2010/2513.pdf

http://www.kslegislature.org/bills/2010/2494.pdf

Monday, February 15, 2010

SRS fails to tell police of abuse cases
Comments (33)
Recommended (6)
BY TIM POTTER
The Wichita Eagle
Wichita grandparents say SRS failed to protect grandson
Coffeyville couple sues SRS worker after granddaughter's beating death
Grandmother: How did SRS lose child?
Former SRS investigator: Boy's death was preventable
Law enforcement agencies don't always receive child abuse reports so they can determine whether a crime has occurred, resulting in "many cases where the opportunity for criminal prosecution is missed," a state report says.
The report faults the Kansas Department of Social and Rehabilitation Services (SRS) for sometimes failing to forward abuse reports to law enforcement agencies.
The review, recently released by the Kansas Attorney General's Office, said another "systemic problem" involves "turf battles" that hurt communication between agencies that investigate child abuse.
And a third problem area: In some foster-care cases, SRS has failed to inform the Kansas Department of Health and Environment of abuse reports, as required by law. KDHE licenses day care homes and family foster homes.
The report urges dual reporting of suspected abuse by the public and by mandated reporters, such as school staff and health care personnel. It calls for reporting suspicions not only to appropriate state agencies but also to local law enforcement.
Attorney general spokeswoman Ashley Anstaett said she couldn't comment on where turf battles have occurred because the cases are confidential.
Regarding how often reports don't get sent to law enforcement and where that has occurred, Anstaett wrote in an e-mail, "We have found this in numerous counties (certainly more than 1/2 a dozen)." She said she couldn't be more specific partly because of confidentiality issues.
The review covered 1,010 child cases and 446 cases involving vulnerable adults.
Still, she said, "It should first be noted that through our review it was found that information is shared and reported appropriately in the vast majority of cases."
The purpose of the review is "to point out possible challenges and recommend improvements," she said.
The findings come from an annual report published last month by the attorney general's Abuse, Neglect and Exploitation Unit, covering the period from July 1, 2008, to June 30, 2009. The unit's mission is to work with state and local agencies to raise awareness of abuse and exploitation of children and vulnerable adults and to bolster reporting and prosecution, Attorney General Steve Six says on the agency's Web site.
City, county policies
The Wichita school district usually reports suspected abuse to police and SRS, said district spokeswoman Susan Arensman.
However, police wouldn't be notified in situations that appear less serious: for example, where a child hasn't bathed in a few days or wears the same shirt to school three days in a row, Arensman said. SRS would still be notified in the less serious cases.
When the school contacts police in more serious cases, it usually does it by calling 911, she said.
The public also can play an important role, said Wichita police Capt. Brent Allred. His advice is: "If you see something, if you believe something's wrong, a crime's being committed, a child's being abused or neglected, you need to call the Police Department."
In 2008, eight Wichita children died from abuse or neglect. In some of those cases, Allred said, relatives or friends knew something was wrong but didn't report it.
In Sedgwick County, "It would be unusual... to have an abuse case investigated by SRS and not brought to the attention of law enforcement," said Deputy District Attorney Ron Paschal.
That is because of the Exploited and Missing Child Unit, a partnership between SRS and law enforcement.
"In all cases involving serious abuse or neglect or sexual abuse, a social worker is teamed with a law enforcement officer from the beginning of the investigation and therefore both agencies are involved very early on in the case," Paschal said in an e-mail.
SRS has a liaison who works out of a DA's office, he said.
"Our office has daily communication with the investigative agencies."
SRS's role
Still, across the state, there is room for improvement, the attorney general's report said.
Its review found "many cases where the opportunity for criminal prosecution is missed."
It also says that the state agencies receiving abuse concerns should report possible crimes to law enforcement in a timely manner.
In some cases, SRS — which investigates child abuse and neglect reports and recommends to the court whether children should be removed from their homes — failed to forward allegations to law enforcement, the report said.
SRS spokeswoman Michelle Ponce said the A.G.' s review included 921 SRS child cases. Of the 921 cases, a sampling found eight cases in which SRS "substantiated" that abuse or neglect occurred but SRS did not report it to law enforcement, she said. Under the regulatory definition, "substantiated" means that SRS found "clear and convincing evidence to conclude that abuse or neglect occurred."
Three of the eight substantiated cases were referred to county or district attorneys, who can bring criminal charges. The other five substantiated cases weren't reported to prosecutors even though SRS policy dictates reporting all substantiated cases to prosecutors, she said.
It is not a social worker's job to determine whether a crime occurred, Ponce said.
Still, even the less serious cases get forwarded to prosecutors, and in the most serious cases, SRS staff are already working with law enforcement, Ponce said.
None of the eight cases in the review's sampling occurred in Sedgwick, Butler or Harvey counties, Ponce said. According to her, three cases occurred in Johnson County, and one each in Barton, Geary, Leavenworth, Saline and Wyandotte counties.
Examples of concerns
The A.G.' s report cited these examples:
* SRS determined that a step-parent had committed physical abuse. The worker photographed visible physical injury to the child. The incident was not reported to law enforcement, nor was a "child-in-need-of-care" recommendation made to the county attorney. Instead, the family received services.
* SRS found that the husband of a home day care provider had been physically abusive. "The worker documented the injury in great detail and photographed it for the record. The perpetrator admitted threatening the child and the child admitted being afraid of the perpetrator."
After the A.G.' s abuse unit asked about the case, "an SRS supervisor indicated that because the child suffered a 'moderate injury' and because the child was safe and enough facts were able to be documented, 'it was determined law enforcement involvement was not required,' " the report said.
It said the case was forwarded to KDHE, which moved to revoke the day care license as long as the perpetrator stayed in the home.
* Acting on a report from school officials, SRS substantiated physical abuse of a child. The injuries were photographed. During an interview by the SRS worker, the "perpetrator (the child's father) displayed threatening behavior to the worker, blocked the worker's exit from the home and indicated his child deserved what happened and he would do it again under the same circumstances."
The review found no record of SRS reporting the situation to police, although SRS indicated it was forwarded to the county attorney. When the A.G.' s unit inquired about the case, the county attorney had no record of receiving such a case.
KDHE involvement
The report said another key concern is that some abuse reports provided to SRS weren't sent to KDHE as required by state law.
The report cited two cases:
• In one, a child who had been found to be sexually abusive was put in a foster home with other children. "The child subsequently perpetrated again," the report said. After being informed of the situation by the attorney general's unit, KDHE recommended that a civil penalty be imposed on the "child placing agency." Child placing agencies are usually independent contractors through SRS, Anstaett said.
• In another case, a foster home was found to be in neglect. But the review discovered that the SRS finding was not sent to KDHE. After the attorney general's unit informed KDHE, the agency recommended action against the foster parent.
Despite those cases, the report said, "there seems to be an overall improvement in notification to KDHE."
In a statement, KDHE said it has a "good working relationship with SRS."
One example is the development in recent years of a centralized complaint notification system involving the two agencies, KDHE said.
Reach Tim Potter at 316-268-6684 or tpotter@wichitaeagle.com.Read more:
http://www.kansas.com/news/story/1181958.html?pageNum=3&&&mi_pluck_action=page_nav#Comments_Container#ixzz0ffCYuNwt