BY: TIM CARPENTER
Kansas Reflector
State law enables complaint-based and scheduled annual inspections
TOPEKA — The acting child advocate for Kansas recommended Wednesday that lawmakers mandate annual unannounced inspection of residential facilities serving children in the state’s welfare system.
Surprise assessments of congregate care settings, including group homes and treatment facilities, would be in addition to a yearly scheduled inspection and complaint-based inspections authorized by the state.
“Are you saying there are currently no unannounced inspections of these facilities right now?” said Sen. Adam Thomas, an Olathe Republican on the Senate Public Health and Welfare Committee.
Kerri Lonard, acting child advocate for the state of Kansas, told the Senate committee there was no statutory requirement in Kansas for unannounced inspections for benefit of children in the welfare system.
Her recommendation was included in a series of proposals prepared for consideration during the 2025 legislative session.
Lonard urged lawmakers to consider altering the definition of “neglect” in relation to children to make certain a parent or guardian’s level of poverty wasn’t a determinant in child-welfare assessments. She also suggested the Legislature change the frequency of court hearings on a child permanency from 12 months to nine months.
She recommended the state authorize issuance of a best-practices handbook for benefit of attorneys working on behalf of children and their families.
Lawmakers could consider a child-welfare certification program for employees and contract staff at the Kansas Department for Children and Families or DCF, she said.
In addition, she said, the state ought to study the possibility of creating bed space for youth in detoxification facilities and expanding availability of substance abuse and behavioral health services for youth.
Kansas could work toward better collaboration among DCF and law enforcement agencies when making decisions on removal of children from the home, placing children in police protective custody and when resolving placement decisions, she said.
“There is a lot of interplay around prevention and then those services that may or may not be available when they enter the system,” Lonard said.
Lonard said reforms adopted by the 2024 Legislature, including a provision in state law creating the neutral and independent office of child advocate, were proving beneficial. Originally, the office was established by an executive order issued by Gov. Laura Kelly.
Lonard said it was important the Legislature granted the child advocate access to court records of foster care cases.
“We find we are utilizing that system quite often to really get a better understanding of what’s going on — where the case is at procedurally,” Lonard said.
In the office’s annual report, Lonard said there were 235 formal complaints filed in 2024 regarding the welfare of 377 children. She said investigations supported allegations in 68 cases. In 22 instances, allegations were unsupported by the child advocate office but recommendations were issued on unrelated concerns. There were 42 cases in which the complaint was unsupported and no recommendation was made for correction action.
She said most complaints were about DCF or foster care case managers, but others involved judges, attorneys, state agencies, KanCare contractors and mental health providers. There were 72 complaints last year about state agency bias, conflict of interest or unprofessionalism. There were 88 complaints filed in 2024 regarding family separation and reunification.
From 2017 to 2021, the Legislature was unable to reach consensus on a way to amend state law to make permanent the office of child advocate. In 2021, Kelly signed an executive order launching the administrative office.
Some legislators were hesitant to make the office part of state statute unless it was placed under control of a Republican attorney general rather than Democratic governor.
In the 2024 session, the compromise bill passed 117-3 in the House and 36-3 in the Senate. The leader of child advocate office is subject to appointment by the governor and Senate confirmation. The confirmed director of the office would serve a five-year term.