http://www.kwch.com/Global/story.asp?S=12051021
DA Declines to File Charges Against Camelot Nurse
Posted:
Feb 26, 2010 11:37 AM CST
Updated:
Mar 02, 2010 3:52 PM CST
No charges related to reported sexual abuse will be filed against a Camelot nurse.
The Sedgwick County District Attorney's office declined to file charges against a nurse at the Camelot Center. The nurse was suspected of having sex with a 17-year-old staying at the treatment center.
A spokesperson says there was "no evidence to prove anything criminal was committed."
Police don't plan to investigate the case further. The nurse will still be charged in municipal court for Batter of a Law Enforcement Officer.
------------------
Original Coverage (2/26)
By Megahn Snyder (WICHITA, Kan.)
A nurse at a treatment center for teens could face charges for having sex with a 17-year-old client.
Wichita police tell us someone saw the woman leave the Camelot Center in Riverside with the boy early Thursday morning. The witness called 911. Police later responded to the woman's southeast Wichita apartment where they found the teen and the woman.
She was booked on one count of unlawful sexual relations for allegedly having sex with the teen who was locked up at the facility. She could also face battery charges for fighting the officers who arrested her.
Tuesday, March 23, 2010
Tuesday, March 9, 2010
Warrant out for mom who testified at hearing about losing custody of children
http://kansas.watchdog.org/2890/warrant-out-for-mom-who-testified-at-hearing-about-losing-custody-of-children/
By Earl Glynn on February 28, 2010 Print This Article
[Updated March 5]. A warrant is out in Wichita for the arrest of a mom who testified about her case at a legislative hearing last year. The charges? That she saw one of her children for 30 minutes, and tried to see the child a second time.
Last year we reported stories from parents and grandparents who had problems with placement and removal of children by the Department of Social and Rehabilitation Services (SRS). Those parents travelled to Topeka to testify at a hearing of the Joint Committee on Children’s Issues.
Cecillia Arnold lost her parental rights. Wants her kids back.
One of those testifying was an abused mom, Cecillia Arnold. She had her parental rights severed even though the state never found wrong doing. Even though she had been the victim of domestic abuse for which her her abuser spent about 2 years in jail, she lost custody of her children for reasons she does not understand.
Here is part of the exchange between Arnold and State Rep Bill Otto at that hearing:
State Rep Bill Otto (R-LeRoy): “Your rights are severed?”
Arnold: “My rights have been terminated … I have no rights to my children. I have not seen them since March. I filed an appeal that didn’t go anywhere. I’m here today because I want my children back.” …
Otto: “Where was your lawyer?” …
Arnold: “I had court-appointed attorneys … I feel I could have done a better job representing myself” ..
Otto: “This should not happen to anybody … I’m so sorry.” …
Arnold now lives in another state to avoid direct Kansas SRS authority over her.
In a telephone interview on Sunday Arnold said that the State of Kansas garnishes her wages for child support even though her children are in foster care and she cannot visit them. She does not mind the payments since she feels an obligation to her children, but really wants her children back.
Arnold said that after the Nov. 30, 2009 legislative hearing she spent a few days in Wichita with her family before returning home.
Monica and Albert Arnold outside Fed & State Affairs Committee Hearing room at Capitol on Thursday. They traveled from Wichita to Topeka trying to testify on their daughter's behalf. They also attended a hearing at the Capitol in Nov. 2009.
While visiting a school with a relative, Arnold had an encounter with one of her older daughter. Before that, Arnold had no idea what school her children attended since they were in foster care and she lived in another state.
She said she was happy to see her child and took 30 minutes to be a mom during that chance encounter.
Arnold said she tried intentionally the next day to see her child again but she was not allowed to. She said it is her understanding there are now two warrants out because of the chance visit with her child. The Sedgwick County Sheriff issued an arrest warrant for her, Arnold said.
A spokesperson for the Sedgwick County Sheriff’s office could not explain why Arnold’s court case number (2009-CR-003679) could not be found in a Sedgwick County District Court Search.
Police were looking to arrest her at a relative’s funeral earlier this month, Arnold said. In a telephone interview, Arnold’s mother, Monica Arnold, said she knows the police have been watching their house in case her daughter visits.
This week in Topeka child welfare issues will be part of House Federal and State Affairs Committee hearings. Monica McGill said she and her husband will try to attend those hearings and speak on behalf of their daughter.
Arnold said that with limited leave from work, and fear of being arrested in Kansas on the warrant, would keep her from the hearings, but she would like to attend to explain her case.
Last week Arnold’s picture and case were one of the “Featured Felons for this month” of the Sedgwick County Sheriff:
From Sedgwick County Sheriff's "Featured Felons for this Month"
http://kansas.watchdog.org/2890/warrant-out-for-mom-who-testified-at-hearing-about-losing-custody-of-children/
By Earl Glynn on February 28, 2010 Print This Article
[Updated March 5]. A warrant is out in Wichita for the arrest of a mom who testified about her case at a legislative hearing last year. The charges? That she saw one of her children for 30 minutes, and tried to see the child a second time.
Last year we reported stories from parents and grandparents who had problems with placement and removal of children by the Department of Social and Rehabilitation Services (SRS). Those parents travelled to Topeka to testify at a hearing of the Joint Committee on Children’s Issues.
Cecillia Arnold lost her parental rights. Wants her kids back.
One of those testifying was an abused mom, Cecillia Arnold. She had her parental rights severed even though the state never found wrong doing. Even though she had been the victim of domestic abuse for which her her abuser spent about 2 years in jail, she lost custody of her children for reasons she does not understand.
Here is part of the exchange between Arnold and State Rep Bill Otto at that hearing:
State Rep Bill Otto (R-LeRoy): “Your rights are severed?”
Arnold: “My rights have been terminated … I have no rights to my children. I have not seen them since March. I filed an appeal that didn’t go anywhere. I’m here today because I want my children back.” …
Otto: “Where was your lawyer?” …
Arnold: “I had court-appointed attorneys … I feel I could have done a better job representing myself” ..
Otto: “This should not happen to anybody … I’m so sorry.” …
Arnold now lives in another state to avoid direct Kansas SRS authority over her.
In a telephone interview on Sunday Arnold said that the State of Kansas garnishes her wages for child support even though her children are in foster care and she cannot visit them. She does not mind the payments since she feels an obligation to her children, but really wants her children back.
Arnold said that after the Nov. 30, 2009 legislative hearing she spent a few days in Wichita with her family before returning home.
Monica and Albert Arnold outside Fed & State Affairs Committee Hearing room at Capitol on Thursday. They traveled from Wichita to Topeka trying to testify on their daughter's behalf. They also attended a hearing at the Capitol in Nov. 2009.
While visiting a school with a relative, Arnold had an encounter with one of her older daughter. Before that, Arnold had no idea what school her children attended since they were in foster care and she lived in another state.
She said she was happy to see her child and took 30 minutes to be a mom during that chance encounter.
Arnold said she tried intentionally the next day to see her child again but she was not allowed to. She said it is her understanding there are now two warrants out because of the chance visit with her child. The Sedgwick County Sheriff issued an arrest warrant for her, Arnold said.
A spokesperson for the Sedgwick County Sheriff’s office could not explain why Arnold’s court case number (2009-CR-003679) could not be found in a Sedgwick County District Court Search.
Police were looking to arrest her at a relative’s funeral earlier this month, Arnold said. In a telephone interview, Arnold’s mother, Monica Arnold, said she knows the police have been watching their house in case her daughter visits.
This week in Topeka child welfare issues will be part of House Federal and State Affairs Committee hearings. Monica McGill said she and her husband will try to attend those hearings and speak on behalf of their daughter.
Arnold said that with limited leave from work, and fear of being arrested in Kansas on the warrant, would keep her from the hearings, but she would like to attend to explain her case.
Last week Arnold’s picture and case were one of the “Featured Felons for this month” of the Sedgwick County Sheriff:
From Sedgwick County Sheriff's "Featured Felons for this Month"
9 former employees sue Topeka juvenile facility
http://www.kansas.com/2010/03/09/1216705/9-former-employees-sue-topeka.html
The Associated Press
· http://www.cjonline.com
TOPEKA, Kan. - A closed juvenile center in Topeka has been sued for discrimination by nine former employees.
In the federal lawsuit, the former employees of Forbes Juvenile Attention Center allege that they were subjected to racially insensitive jokes, intimidation and disparities in job evaluations.
The nine employees are seeking $500,000 in damages.
Scott Henricks, an official with center's parent company said the company wouldn't comment because it didn't know about the lawsuit.
The Topeka Capital-Journal reported last year that a 12-year-old resident alleged he was repeatedly raped because of insufficient staffing and room checks at the center. The company settled that lawsuit out of court in late November.
The center closed a few weeks after the story was reported.
Information from: The Topeka Capital-Journal, http://www.cjonline.com
*****************************************************
Youth detention center in 'chaos'
http://cjonline.com/news/local/2009-10-17/youth_detention_center_in_chaos
Created October 17, 2009 at 9:30pm
Updated October 18, 2009 at 1:15am
Insufficient staff numbers and inadequate room checks by a Topeka juvenile residential center opened the door for a 12-year-old boy to be repeatedly raped by his roommate over three days in January 2008, a civil lawsuit claims.
"The rape, sodomy, sexual assault and sexual battery could not have happened if the boys or men were properly supervised," reads the suit.
The suit, filed last year in Shawnee County District Court against the owners of Forbes Juvenile Attention Facility, isn't the only place to find concerns about the welfare of residents of the facility.
Other issues related to the treatment of residents have been raised in inspection reports, internal memos and the words of former FJAC workers. Allegations of racial discrimination and questions about how FJAC administrators notify authorities of alleged abuse also have been raised.
The problems, former staffers say, allowed sexual misconduct to go unnoticed.
"The last couple months before I left, it was chaos," said Clarence Tyson, a shift supervisor who resigned in late 2008 after seven years at FJAC.
The allegations are just that -- allegations, the FJAC administration said. Terry Campbell, executive vice president for Clarence M. Kelley Juvenile Justice Resources, which owns FJAC, said a handful of unhappy workers have already made similar claims to other governmental agencies.
"I'm sure SRS has received them, KDHE has received them, JJA has received them, the governor has probably received them," Campbell said. "It's because we've got disgruntled staff, former employees. They're not the majority of the professional staff that we have."
Campbell said there have been only six reports of sexual misconduct at FJAC since 2007, and only two were sexual assaults.
FJAC, located at Forbes Field at 6700 S.W. Topeka Blvd., is a privately run youth residential center, a nonsecure group home for male juvenile offenders that houses up to 56 youths ages 12 to 17. The offenders sent to FJAC aren't the most dangerous in the juvenile system, thus one reason why it isn't a locked facility.
Since a new administration took over at FJAC in late 2007, the Kansas Department of Health and Environment has investigated 20 complaints there. That is more than any of the 29 similar facilities contracting with the state except for one -- Camelot Lakeside in Goddard, which has had 26 such complaints. Many of the complaints against FJAC allege insufficient staffing led to the incidents.
And at least six workers -- five former and one current -- have filed state or federal discrimination suits in 2009. In addition to alleging black workers were treated differently, some of the suits say employees feared retaliation for reporting alleged abuse to authorities as required by regulations and law.
Campbell points out most allegations by the former employees and allegations investigated by KDHE couldn't be substantiated.
Ward Loyd, chairman of the Kansas Advisory Group on Juvenile Justice and Delinquency Prevention, said he hadn't heard of the allegations but said "where's there's smoke, there's usually fire."
"It's certainly unfortunate to hear that we've got these types of allegations with any Kansas facility," he said. "The whole issue with having them placed in these kinds of facilities is to provide for their needs, not to complicate them."
Civil suit
The 12-year-old plaintiff in the current civil suit against FJAC was referred to the facility in late 2007 or early 2008 by case manager Kenyetta Byrd. Soon after, an FJAC worker contacted Byrd concerned about the boy's small size. According to a February 2008 report by the Juvenile Justice Authority's inspector general on the incident, the caller told Byrd the boy would be "eaten alive."
"They didn't even have clothes small enough to fit him," said Toni Wash, a drug and alcohol counselor who worked at FJAC from late 2007 to late 2008. "Everyone was asking why he was there."
Campbell said he wouldn't comment on any incident under litigation. In addition to the civil case against Kelley Juvenile Detention Services, the roommate suspected of raping the 12-year-old is facing criminal sodomy charges in juvenile court.
Immediately after Byrd got the alarming call from the FJAC worker, another case coordinator called and told her to disregard the previous caller. The boy was then placed at FJAC.
The alleged rape and sodomy occurred from Jan. 22 to Jan. 24, 2008, and as soon as FJAC learned about it, officials there contacted authorities. The lawsuit claims FJAC workers didn't conduct room checks every 15 minutes as their policy mandated. The inspector general's report says room-check logs contained blanket statements about the whole floor without specific mention of individual room checks.
In an e-mail to Campbell on Feb. 14, 2008, Kelley administrator Scott Henricks conceded some fault.
"The cause of the alleged incident can partially be attributed to staff error," he wrote.
In its court response, however, FJAC flatly denied the allegations of improper staff work.
JJA commissioner Russ Jennings said:, "Is there a concern that staff aren't checking rooms regularly? Yes, there certainly is."
Mona Brown, a floor staffer for more than a year until she was fired in January, said she wasn't surprised something happened.
"The staff ratio just wasn't there," she said. "That is the thing that sets it up for things to happen."
Runaway
The alleged rape isn't the only incident in which inadequate supervision has been an issue at FJAC.
A KDHE investigatory report from March 19, 2009, chronicled how a resident stole a worker's cell phone and her car after FJAC staff members left him in a visitation room alone with instructions to stay put.
After meeting for 30 minutes and then going to their offices for another 20 minutes, staff members returned to the room to find the boy gone.
A security video would later show him walking up and down the halls on both floors. The report stated the boy roamed the halls for "approximately one hour and was able to steal a teacher's cell phone and car keys and then exit the building and steal a car without being noticed or missed."
"There was not adequate staff to supervise youth at all times," the report said.
The incident was reported to Metropolitan Topeka Airport Authority police, but it wasn't immediately reported to KDHE, as required by FJAC's own policies. It was two weeks before KDHE was notified.
Campbell said it was important to remember residents aren't locked up at FJAC.
"One takes off, one steals a car, and the issue we have is why didn't we tell KDHE about that at the time?" he asked. "Well, we should have (notified KDHE), but I think our primary concern is getting the police notified, making sure the kid is all right and make sure no one gets hurt."
It wasn't the first time KDHE, which shares oversight responsibilities with the Kansas Department of Social and Rehabilitation Services, heard of a such problem.
KDHE has received five complaints ranging from sexual activity between the boys to runaway youths, all of them blamed on a lack of staffing. Three of the complaints were unfounded, KDHE said.
But a Jan. 14, 2009, investigative report found evidence of inadequate staffing. The visit to FJAC was prompted by allegations another 12-year-old -- not the boy in the lawsuit -- was sodomized by his roommate. The KDHE report stated staff ratios were in compliance at the time of the incident, but a review of the previous year's records by the agency showed 14 shifts weren't staffed properly.
The report said FJAC administrator Jeff Sampson stated he had hired six to seven new employees and was at that time fully staffed.
KDHE's findings were conservative, said Sue Mayhan, who was the second-shift supervisor from October 2008 through May 2009.
"In the eight months I was there, we might have had adequate staffing three months," she said.
Clarence Tyson, a first-shift supervisor who left in late 2008 after seven years at FJAC, said employees were "always asking about staffing."
"Sometimes they'd have 14 or 15 kids on a unit and only one staff," he said.
KDHE requires facilities like FJAC to have at least one staff member for every seven residents during waking hours and one employee for every 10 at night.
In a Nov. 2, 2008, memo, floor staffer Alan Barr wrote to Sampson, "I continue to be on the wing constantly by myself, and I feel my safety is in question."
Campbell wouldn't comment on specific incidents but said KDHE's lack of findings on most of the claims was vindication. He said any problems with staffing were most likely the cause of employees calling in sick, and any issues were immediately addressed.
He said maintaining a consistent staff can be difficult in a facility with juvenile offenders. Since 2007, the facility, which ranges from 40 to 60 workers, has employed 111 people.
Jennings said in his experience running a juvenile detention center in western Kansas, "There's a multitude of issues in terms of recruitment, retention and trainability of employees."
How the facility responded when things did happen is the source of former employees' complaints to KDHE and the Kansas Human Rights Commission.
'Tom, Dick and Harry'
Former employees' statements, complaints to KDHE and claims in discrimination filings allege staff members were routinely discouraged by Sampson from reporting alleged abuse or misconduct to authorities.
Mayhan said Sampson questioned her in November 2008 when she heard an allegation of sodomy and called the MTAA police and other authorities.
"He said it was stuff like that that can get a facility closed down," she said. "He told me I call MTAA too much and that KDHE keeps getting the reports on us and that it's not good for us."
Mayhan said Sampson later told her and other staff members he was tired of having SRS and KDHE investigating "for every Tom, Dick and Harry thing."
Campbell said he wouldn't comment on any personnel matters. He said allegations of employees being discouraged from reporting incidents have appeared in at least some of the discrimination cases filed with KHRC.
Sexual misconduct
Wash said she experienced the same roadblock when she reported a possible case of sexual misconduct involving a resident in November 2008. After pushing the incident up the chain of command and getting nowhere for weeks, she said, she got a meeting with Sampson.
Wash said Sampson told her he hadn't heard anything about the incident. Soon after, she said, she began to get written up on a weekly basis.
She believed it was an effort to build a case for firing her, which happened in December 2008.
Campbell said he wouldn't go into specifics but said Wash wasn't fired for pushing to report the incident. He also said there was an investigation by SRS and MTAA police and that Wash was involved in it.
Wash said she was never contacted by anyone investigating the incident.
The Kansas Department of Labor, in determining whether Wash should get unemployment benefits, said there wasn't enough evidence to show her "alleged actions were a violation of a duty."
Months later, in an investigative document dated March 19, KDHE asked about allegations that staff members didn't do anything about an alleged sexual misconduct between two residents. Sampson told the agency: "He had checked into the incident and was not able to verify that the incident did occur. He did separate the boys at the time."
'That's my call'
In another incident in April 2008, Tyson heard allegations a floor staff member was crawling into bed with residents in the morning. He told the staff and residents to write memos.
"Resident (unnamed) said that Mr. K comes into their room and lays in the bed with them to wake them up," reads one of the memos dated April 9, 2008. "Resident said that he grabbed his toes while he was in the bed."
Tyson said he placed the documents in the mailboxes of the case worker, building supervisor and Sampson.
A few days later, Sampson came to the floor and asked the kids what happened, said floor staffer Brown. She said the residents told Sampson they didn't want the staffer fired. Brown said Sampson told the floor's staff and residents he wouldn't fire the employee and that no one was to call SRS.
"He said, 'That's my call,' " she said.
In addition to the requirement in JJA's provider handbook and in FJAC's own operations manual to report such incidents, it also says the administration should never "interfere or otherwise attempt to alter the report of an abuse/neglect claim made by an employee of the facility."
Interference in reporting such an incident is also a class B misdemeanor under Kansas statutes.
That is why Campbell said FJAC never discouraged reporting.
Tyson said a few weeks went by after the memos were sent to Sampson and the staffer was still on the floor.
"I thought something should happen, maybe a suspension with pay until the veracity was checked out," he said. "It struck everyone as odd that he was still around."
Tyson said the staffer eventually was made an intern case worker for a few weeks before he left the facility.
The policy
Campbell said FJAC takes very seriously its obligation to report abuse. He said he was sure any staff member who felt a youth was being harmed would report it to the authorities, "and if they don't, they're negligent." But he also laid out the company's multilayered policy for reporting incidents.
"Staff should be reporting it, first of all, to their supervisor and the administrator, and if they don't feel it's being addressed then they should report it to our corporate compliance officer," Campbell said. "If they're not satisfied then, then they can always go to outside agencies."
He said employees would only face possible reprimand for reporting out of turn.
Rep. Pat Colloton, R-Leawood, chairwoman of the House Corrections and Juvenile Justice Committee, said that isn't how the law reads.
"It sounds like they've got a horrible policy in place that goes against the SRS intent," she said.
JJA commissioner Jennings said it isn't unreasonable for a facility to have a policy that requires the staff to report alleged abuse to superiors first so they can try to address the problem immediately. But that policy shouldn't be used as "a process of screening of what is reported or not."
"Really an employer shouldn't do anything that dissuades an employee from doing their statutory requirement to report alleged abuse," he said.
That being said, Jenning said, FJAC and other contractors "are in a position that they are able to ensure the environment is healthy and safe."
Campbell reiterated that most of the allegations haven't been substantiated by any state agency.
"Allegations can be made by people that maybe aren't the happiest with their employers," he said. "We're very concerned by every allegation. That's why we want to look into them."
James Carlson can be reached at (785) 295-1186 or james.carlson@cjonline.com.
http://www.kansas.com/2010/03/09/1216705/9-former-employees-sue-topeka.html
The Associated Press
· http://www.cjonline.com
TOPEKA, Kan. - A closed juvenile center in Topeka has been sued for discrimination by nine former employees.
In the federal lawsuit, the former employees of Forbes Juvenile Attention Center allege that they were subjected to racially insensitive jokes, intimidation and disparities in job evaluations.
The nine employees are seeking $500,000 in damages.
Scott Henricks, an official with center's parent company said the company wouldn't comment because it didn't know about the lawsuit.
The Topeka Capital-Journal reported last year that a 12-year-old resident alleged he was repeatedly raped because of insufficient staffing and room checks at the center. The company settled that lawsuit out of court in late November.
The center closed a few weeks after the story was reported.
Information from: The Topeka Capital-Journal, http://www.cjonline.com
*****************************************************
Youth detention center in 'chaos'
http://cjonline.com/news/local/2009-10-17/youth_detention_center_in_chaos
Created October 17, 2009 at 9:30pm
Updated October 18, 2009 at 1:15am
Insufficient staff numbers and inadequate room checks by a Topeka juvenile residential center opened the door for a 12-year-old boy to be repeatedly raped by his roommate over three days in January 2008, a civil lawsuit claims.
"The rape, sodomy, sexual assault and sexual battery could not have happened if the boys or men were properly supervised," reads the suit.
The suit, filed last year in Shawnee County District Court against the owners of Forbes Juvenile Attention Facility, isn't the only place to find concerns about the welfare of residents of the facility.
Other issues related to the treatment of residents have been raised in inspection reports, internal memos and the words of former FJAC workers. Allegations of racial discrimination and questions about how FJAC administrators notify authorities of alleged abuse also have been raised.
The problems, former staffers say, allowed sexual misconduct to go unnoticed.
"The last couple months before I left, it was chaos," said Clarence Tyson, a shift supervisor who resigned in late 2008 after seven years at FJAC.
The allegations are just that -- allegations, the FJAC administration said. Terry Campbell, executive vice president for Clarence M. Kelley Juvenile Justice Resources, which owns FJAC, said a handful of unhappy workers have already made similar claims to other governmental agencies.
"I'm sure SRS has received them, KDHE has received them, JJA has received them, the governor has probably received them," Campbell said. "It's because we've got disgruntled staff, former employees. They're not the majority of the professional staff that we have."
Campbell said there have been only six reports of sexual misconduct at FJAC since 2007, and only two were sexual assaults.
FJAC, located at Forbes Field at 6700 S.W. Topeka Blvd., is a privately run youth residential center, a nonsecure group home for male juvenile offenders that houses up to 56 youths ages 12 to 17. The offenders sent to FJAC aren't the most dangerous in the juvenile system, thus one reason why it isn't a locked facility.
Since a new administration took over at FJAC in late 2007, the Kansas Department of Health and Environment has investigated 20 complaints there. That is more than any of the 29 similar facilities contracting with the state except for one -- Camelot Lakeside in Goddard, which has had 26 such complaints. Many of the complaints against FJAC allege insufficient staffing led to the incidents.
And at least six workers -- five former and one current -- have filed state or federal discrimination suits in 2009. In addition to alleging black workers were treated differently, some of the suits say employees feared retaliation for reporting alleged abuse to authorities as required by regulations and law.
Campbell points out most allegations by the former employees and allegations investigated by KDHE couldn't be substantiated.
Ward Loyd, chairman of the Kansas Advisory Group on Juvenile Justice and Delinquency Prevention, said he hadn't heard of the allegations but said "where's there's smoke, there's usually fire."
"It's certainly unfortunate to hear that we've got these types of allegations with any Kansas facility," he said. "The whole issue with having them placed in these kinds of facilities is to provide for their needs, not to complicate them."
Civil suit
The 12-year-old plaintiff in the current civil suit against FJAC was referred to the facility in late 2007 or early 2008 by case manager Kenyetta Byrd. Soon after, an FJAC worker contacted Byrd concerned about the boy's small size. According to a February 2008 report by the Juvenile Justice Authority's inspector general on the incident, the caller told Byrd the boy would be "eaten alive."
"They didn't even have clothes small enough to fit him," said Toni Wash, a drug and alcohol counselor who worked at FJAC from late 2007 to late 2008. "Everyone was asking why he was there."
Campbell said he wouldn't comment on any incident under litigation. In addition to the civil case against Kelley Juvenile Detention Services, the roommate suspected of raping the 12-year-old is facing criminal sodomy charges in juvenile court.
Immediately after Byrd got the alarming call from the FJAC worker, another case coordinator called and told her to disregard the previous caller. The boy was then placed at FJAC.
The alleged rape and sodomy occurred from Jan. 22 to Jan. 24, 2008, and as soon as FJAC learned about it, officials there contacted authorities. The lawsuit claims FJAC workers didn't conduct room checks every 15 minutes as their policy mandated. The inspector general's report says room-check logs contained blanket statements about the whole floor without specific mention of individual room checks.
In an e-mail to Campbell on Feb. 14, 2008, Kelley administrator Scott Henricks conceded some fault.
"The cause of the alleged incident can partially be attributed to staff error," he wrote.
In its court response, however, FJAC flatly denied the allegations of improper staff work.
JJA commissioner Russ Jennings said:, "Is there a concern that staff aren't checking rooms regularly? Yes, there certainly is."
Mona Brown, a floor staffer for more than a year until she was fired in January, said she wasn't surprised something happened.
"The staff ratio just wasn't there," she said. "That is the thing that sets it up for things to happen."
Runaway
The alleged rape isn't the only incident in which inadequate supervision has been an issue at FJAC.
A KDHE investigatory report from March 19, 2009, chronicled how a resident stole a worker's cell phone and her car after FJAC staff members left him in a visitation room alone with instructions to stay put.
After meeting for 30 minutes and then going to their offices for another 20 minutes, staff members returned to the room to find the boy gone.
A security video would later show him walking up and down the halls on both floors. The report stated the boy roamed the halls for "approximately one hour and was able to steal a teacher's cell phone and car keys and then exit the building and steal a car without being noticed or missed."
"There was not adequate staff to supervise youth at all times," the report said.
The incident was reported to Metropolitan Topeka Airport Authority police, but it wasn't immediately reported to KDHE, as required by FJAC's own policies. It was two weeks before KDHE was notified.
Campbell said it was important to remember residents aren't locked up at FJAC.
"One takes off, one steals a car, and the issue we have is why didn't we tell KDHE about that at the time?" he asked. "Well, we should have (notified KDHE), but I think our primary concern is getting the police notified, making sure the kid is all right and make sure no one gets hurt."
It wasn't the first time KDHE, which shares oversight responsibilities with the Kansas Department of Social and Rehabilitation Services, heard of a such problem.
KDHE has received five complaints ranging from sexual activity between the boys to runaway youths, all of them blamed on a lack of staffing. Three of the complaints were unfounded, KDHE said.
But a Jan. 14, 2009, investigative report found evidence of inadequate staffing. The visit to FJAC was prompted by allegations another 12-year-old -- not the boy in the lawsuit -- was sodomized by his roommate. The KDHE report stated staff ratios were in compliance at the time of the incident, but a review of the previous year's records by the agency showed 14 shifts weren't staffed properly.
The report said FJAC administrator Jeff Sampson stated he had hired six to seven new employees and was at that time fully staffed.
KDHE's findings were conservative, said Sue Mayhan, who was the second-shift supervisor from October 2008 through May 2009.
"In the eight months I was there, we might have had adequate staffing three months," she said.
Clarence Tyson, a first-shift supervisor who left in late 2008 after seven years at FJAC, said employees were "always asking about staffing."
"Sometimes they'd have 14 or 15 kids on a unit and only one staff," he said.
KDHE requires facilities like FJAC to have at least one staff member for every seven residents during waking hours and one employee for every 10 at night.
In a Nov. 2, 2008, memo, floor staffer Alan Barr wrote to Sampson, "I continue to be on the wing constantly by myself, and I feel my safety is in question."
Campbell wouldn't comment on specific incidents but said KDHE's lack of findings on most of the claims was vindication. He said any problems with staffing were most likely the cause of employees calling in sick, and any issues were immediately addressed.
He said maintaining a consistent staff can be difficult in a facility with juvenile offenders. Since 2007, the facility, which ranges from 40 to 60 workers, has employed 111 people.
Jennings said in his experience running a juvenile detention center in western Kansas, "There's a multitude of issues in terms of recruitment, retention and trainability of employees."
How the facility responded when things did happen is the source of former employees' complaints to KDHE and the Kansas Human Rights Commission.
'Tom, Dick and Harry'
Former employees' statements, complaints to KDHE and claims in discrimination filings allege staff members were routinely discouraged by Sampson from reporting alleged abuse or misconduct to authorities.
Mayhan said Sampson questioned her in November 2008 when she heard an allegation of sodomy and called the MTAA police and other authorities.
"He said it was stuff like that that can get a facility closed down," she said. "He told me I call MTAA too much and that KDHE keeps getting the reports on us and that it's not good for us."
Mayhan said Sampson later told her and other staff members he was tired of having SRS and KDHE investigating "for every Tom, Dick and Harry thing."
Campbell said he wouldn't comment on any personnel matters. He said allegations of employees being discouraged from reporting incidents have appeared in at least some of the discrimination cases filed with KHRC.
Sexual misconduct
Wash said she experienced the same roadblock when she reported a possible case of sexual misconduct involving a resident in November 2008. After pushing the incident up the chain of command and getting nowhere for weeks, she said, she got a meeting with Sampson.
Wash said Sampson told her he hadn't heard anything about the incident. Soon after, she said, she began to get written up on a weekly basis.
She believed it was an effort to build a case for firing her, which happened in December 2008.
Campbell said he wouldn't go into specifics but said Wash wasn't fired for pushing to report the incident. He also said there was an investigation by SRS and MTAA police and that Wash was involved in it.
Wash said she was never contacted by anyone investigating the incident.
The Kansas Department of Labor, in determining whether Wash should get unemployment benefits, said there wasn't enough evidence to show her "alleged actions were a violation of a duty."
Months later, in an investigative document dated March 19, KDHE asked about allegations that staff members didn't do anything about an alleged sexual misconduct between two residents. Sampson told the agency: "He had checked into the incident and was not able to verify that the incident did occur. He did separate the boys at the time."
'That's my call'
In another incident in April 2008, Tyson heard allegations a floor staff member was crawling into bed with residents in the morning. He told the staff and residents to write memos.
"Resident (unnamed) said that Mr. K comes into their room and lays in the bed with them to wake them up," reads one of the memos dated April 9, 2008. "Resident said that he grabbed his toes while he was in the bed."
Tyson said he placed the documents in the mailboxes of the case worker, building supervisor and Sampson.
A few days later, Sampson came to the floor and asked the kids what happened, said floor staffer Brown. She said the residents told Sampson they didn't want the staffer fired. Brown said Sampson told the floor's staff and residents he wouldn't fire the employee and that no one was to call SRS.
"He said, 'That's my call,' " she said.
In addition to the requirement in JJA's provider handbook and in FJAC's own operations manual to report such incidents, it also says the administration should never "interfere or otherwise attempt to alter the report of an abuse/neglect claim made by an employee of the facility."
Interference in reporting such an incident is also a class B misdemeanor under Kansas statutes.
That is why Campbell said FJAC never discouraged reporting.
Tyson said a few weeks went by after the memos were sent to Sampson and the staffer was still on the floor.
"I thought something should happen, maybe a suspension with pay until the veracity was checked out," he said. "It struck everyone as odd that he was still around."
Tyson said the staffer eventually was made an intern case worker for a few weeks before he left the facility.
The policy
Campbell said FJAC takes very seriously its obligation to report abuse. He said he was sure any staff member who felt a youth was being harmed would report it to the authorities, "and if they don't, they're negligent." But he also laid out the company's multilayered policy for reporting incidents.
"Staff should be reporting it, first of all, to their supervisor and the administrator, and if they don't feel it's being addressed then they should report it to our corporate compliance officer," Campbell said. "If they're not satisfied then, then they can always go to outside agencies."
He said employees would only face possible reprimand for reporting out of turn.
Rep. Pat Colloton, R-Leawood, chairwoman of the House Corrections and Juvenile Justice Committee, said that isn't how the law reads.
"It sounds like they've got a horrible policy in place that goes against the SRS intent," she said.
JJA commissioner Jennings said it isn't unreasonable for a facility to have a policy that requires the staff to report alleged abuse to superiors first so they can try to address the problem immediately. But that policy shouldn't be used as "a process of screening of what is reported or not."
"Really an employer shouldn't do anything that dissuades an employee from doing their statutory requirement to report alleged abuse," he said.
That being said, Jenning said, FJAC and other contractors "are in a position that they are able to ensure the environment is healthy and safe."
Campbell reiterated that most of the allegations haven't been substantiated by any state agency.
"Allegations can be made by people that maybe aren't the happiest with their employers," he said. "We're very concerned by every allegation. That's why we want to look into them."
James Carlson can be reached at (785) 295-1186 or james.carlson@cjonline.com.
9 former employees sue Topeka juvenile facility
http://www.kansas.com/2010/03/09/1216705/9-former-employees-sue-topeka.html
The Associated Press
· http://www.cjonline.com
TOPEKA, Kan. - A closed juvenile center in Topeka has been sued for discrimination by nine former employees.
In the federal lawsuit, the former employees of Forbes Juvenile Attention Center allege that they were subjected to racially insensitive jokes, intimidation and disparities in job evaluations.
The nine employees are seeking $500,000 in damages.
Scott Henricks, an official with center's parent company said the company wouldn't comment because it didn't know about the lawsuit.
The Topeka Capital-Journal reported last year that a 12-year-old resident alleged he was repeatedly raped because of insufficient staffing and room checks at the center. The company settled that lawsuit out of court in late November.
The center closed a few weeks after the story was reported.
Information from: The Topeka Capital-Journal, http://www.cjonline.com
*****************************************************
Youth detention center in 'chaos'
http://cjonline.com/news/local/2009-10-17/youth_detention_center_in_chaos
Created October 17, 2009 at 9:30pm
Updated October 18, 2009 at 1:15am
Insufficient staff numbers and inadequate room checks by a Topeka juvenile residential center opened the door for a 12-year-old boy to be repeatedly raped by his roommate over three days in January 2008, a civil lawsuit claims.
"The rape, sodomy, sexual assault and sexual battery could not have happened if the boys or men were properly supervised," reads the suit.
The suit, filed last year in Shawnee County District Court against the owners of Forbes Juvenile Attention Facility, isn't the only place to find concerns about the welfare of residents of the facility.
Other issues related to the treatment of residents have been raised in inspection reports, internal memos and the words of former FJAC workers. Allegations of racial discrimination and questions about how FJAC administrators notify authorities of alleged abuse also have been raised.
The problems, former staffers say, allowed sexual misconduct to go unnoticed.
"The last couple months before I left, it was chaos," said Clarence Tyson, a shift supervisor who resigned in late 2008 after seven years at FJAC.
The allegations are just that -- allegations, the FJAC administration said. Terry Campbell, executive vice president for Clarence M. Kelley Juvenile Justice Resources, which owns FJAC, said a handful of unhappy workers have already made similar claims to other governmental agencies.
"I'm sure SRS has received them, KDHE has received them, JJA has received them, the governor has probably received them," Campbell said. "It's because we've got disgruntled staff, former employees. They're not the majority of the professional staff that we have."
Campbell said there have been only six reports of sexual misconduct at FJAC since 2007, and only two were sexual assaults.
FJAC, located at Forbes Field at 6700 S.W. Topeka Blvd., is a privately run youth residential center, a nonsecure group home for male juvenile offenders that houses up to 56 youths ages 12 to 17. The offenders sent to FJAC aren't the most dangerous in the juvenile system, thus one reason why it isn't a locked facility.
Since a new administration took over at FJAC in late 2007, the Kansas Department of Health and Environment has investigated 20 complaints there. That is more than any of the 29 similar facilities contracting with the state except for one -- Camelot Lakeside in Goddard, which has had 26 such complaints. Many of the complaints against FJAC allege insufficient staffing led to the incidents.
And at least six workers -- five former and one current -- have filed state or federal discrimination suits in 2009. In addition to alleging black workers were treated differently, some of the suits say employees feared retaliation for reporting alleged abuse to authorities as required by regulations and law.
Campbell points out most allegations by the former employees and allegations investigated by KDHE couldn't be substantiated.
Ward Loyd, chairman of the Kansas Advisory Group on Juvenile Justice and Delinquency Prevention, said he hadn't heard of the allegations but said "where's there's smoke, there's usually fire."
"It's certainly unfortunate to hear that we've got these types of allegations with any Kansas facility," he said. "The whole issue with having them placed in these kinds of facilities is to provide for their needs, not to complicate them."
Civil suit
The 12-year-old plaintiff in the current civil suit against FJAC was referred to the facility in late 2007 or early 2008 by case manager Kenyetta Byrd. Soon after, an FJAC worker contacted Byrd concerned about the boy's small size. According to a February 2008 report by the Juvenile Justice Authority's inspector general on the incident, the caller told Byrd the boy would be "eaten alive."
"They didn't even have clothes small enough to fit him," said Toni Wash, a drug and alcohol counselor who worked at FJAC from late 2007 to late 2008. "Everyone was asking why he was there."
Campbell said he wouldn't comment on any incident under litigation. In addition to the civil case against Kelley Juvenile Detention Services, the roommate suspected of raping the 12-year-old is facing criminal sodomy charges in juvenile court.
Immediately after Byrd got the alarming call from the FJAC worker, another case coordinator called and told her to disregard the previous caller. The boy was then placed at FJAC.
The alleged rape and sodomy occurred from Jan. 22 to Jan. 24, 2008, and as soon as FJAC learned about it, officials there contacted authorities. The lawsuit claims FJAC workers didn't conduct room checks every 15 minutes as their policy mandated. The inspector general's report says room-check logs contained blanket statements about the whole floor without specific mention of individual room checks.
In an e-mail to Campbell on Feb. 14, 2008, Kelley administrator Scott Henricks conceded some fault.
"The cause of the alleged incident can partially be attributed to staff error," he wrote.
In its court response, however, FJAC flatly denied the allegations of improper staff work.
JJA commissioner Russ Jennings said:, "Is there a concern that staff aren't checking rooms regularly? Yes, there certainly is."
Mona Brown, a floor staffer for more than a year until she was fired in January, said she wasn't surprised something happened.
"The staff ratio just wasn't there," she said. "That is the thing that sets it up for things to happen."
Runaway
The alleged rape isn't the only incident in which inadequate supervision has been an issue at FJAC.
A KDHE investigatory report from March 19, 2009, chronicled how a resident stole a worker's cell phone and her car after FJAC staff members left him in a visitation room alone with instructions to stay put.
After meeting for 30 minutes and then going to their offices for another 20 minutes, staff members returned to the room to find the boy gone.
A security video would later show him walking up and down the halls on both floors. The report stated the boy roamed the halls for "approximately one hour and was able to steal a teacher's cell phone and car keys and then exit the building and steal a car without being noticed or missed."
"There was not adequate staff to supervise youth at all times," the report said.
The incident was reported to Metropolitan Topeka Airport Authority police, but it wasn't immediately reported to KDHE, as required by FJAC's own policies. It was two weeks before KDHE was notified.
Campbell said it was important to remember residents aren't locked up at FJAC.
"One takes off, one steals a car, and the issue we have is why didn't we tell KDHE about that at the time?" he asked. "Well, we should have (notified KDHE), but I think our primary concern is getting the police notified, making sure the kid is all right and make sure no one gets hurt."
It wasn't the first time KDHE, which shares oversight responsibilities with the Kansas Department of Social and Rehabilitation Services, heard of a such problem.
KDHE has received five complaints ranging from sexual activity between the boys to runaway youths, all of them blamed on a lack of staffing. Three of the complaints were unfounded, KDHE said.
But a Jan. 14, 2009, investigative report found evidence of inadequate staffing. The visit to FJAC was prompted by allegations another 12-year-old -- not the boy in the lawsuit -- was sodomized by his roommate. The KDHE report stated staff ratios were in compliance at the time of the incident, but a review of the previous year's records by the agency showed 14 shifts weren't staffed properly.
The report said FJAC administrator Jeff Sampson stated he had hired six to seven new employees and was at that time fully staffed.
KDHE's findings were conservative, said Sue Mayhan, who was the second-shift supervisor from October 2008 through May 2009.
"In the eight months I was there, we might have had adequate staffing three months," she said.
Clarence Tyson, a first-shift supervisor who left in late 2008 after seven years at FJAC, said employees were "always asking about staffing."
"Sometimes they'd have 14 or 15 kids on a unit and only one staff," he said.
KDHE requires facilities like FJAC to have at least one staff member for every seven residents during waking hours and one employee for every 10 at night.
In a Nov. 2, 2008, memo, floor staffer Alan Barr wrote to Sampson, "I continue to be on the wing constantly by myself, and I feel my safety is in question."
Campbell wouldn't comment on specific incidents but said KDHE's lack of findings on most of the claims was vindication. He said any problems with staffing were most likely the cause of employees calling in sick, and any issues were immediately addressed.
He said maintaining a consistent staff can be difficult in a facility with juvenile offenders. Since 2007, the facility, which ranges from 40 to 60 workers, has employed 111 people.
Jennings said in his experience running a juvenile detention center in western Kansas, "There's a multitude of issues in terms of recruitment, retention and trainability of employees."
How the facility responded when things did happen is the source of former employees' complaints to KDHE and the Kansas Human Rights Commission.
'Tom, Dick and Harry'
Former employees' statements, complaints to KDHE and claims in discrimination filings allege staff members were routinely discouraged by Sampson from reporting alleged abuse or misconduct to authorities.
Mayhan said Sampson questioned her in November 2008 when she heard an allegation of sodomy and called the MTAA police and other authorities.
"He said it was stuff like that that can get a facility closed down," she said. "He told me I call MTAA too much and that KDHE keeps getting the reports on us and that it's not good for us."
Mayhan said Sampson later told her and other staff members he was tired of having SRS and KDHE investigating "for every Tom, Dick and Harry thing."
Campbell said he wouldn't comment on any personnel matters. He said allegations of employees being discouraged from reporting incidents have appeared in at least some of the discrimination cases filed with KHRC.
Sexual misconduct
Wash said she experienced the same roadblock when she reported a possible case of sexual misconduct involving a resident in November 2008. After pushing the incident up the chain of command and getting nowhere for weeks, she said, she got a meeting with Sampson.
Wash said Sampson told her he hadn't heard anything about the incident. Soon after, she said, she began to get written up on a weekly basis.
She believed it was an effort to build a case for firing her, which happened in December 2008.
Campbell said he wouldn't go into specifics but said Wash wasn't fired for pushing to report the incident. He also said there was an investigation by SRS and MTAA police and that Wash was involved in it.
Wash said she was never contacted by anyone investigating the incident.
The Kansas Department of Labor, in determining whether Wash should get unemployment benefits, said there wasn't enough evidence to show her "alleged actions were a violation of a duty."
Months later, in an investigative document dated March 19, KDHE asked about allegations that staff members didn't do anything about an alleged sexual misconduct between two residents. Sampson told the agency: "He had checked into the incident and was not able to verify that the incident did occur. He did separate the boys at the time."
'That's my call'
In another incident in April 2008, Tyson heard allegations a floor staff member was crawling into bed with residents in the morning. He told the staff and residents to write memos.
"Resident (unnamed) said that Mr. K comes into their room and lays in the bed with them to wake them up," reads one of the memos dated April 9, 2008. "Resident said that he grabbed his toes while he was in the bed."
Tyson said he placed the documents in the mailboxes of the case worker, building supervisor and Sampson.
A few days later, Sampson came to the floor and asked the kids what happened, said floor staffer Brown. She said the residents told Sampson they didn't want the staffer fired. Brown said Sampson told the floor's staff and residents he wouldn't fire the employee and that no one was to call SRS.
"He said, 'That's my call,' " she said.
In addition to the requirement in JJA's provider handbook and in FJAC's own operations manual to report such incidents, it also says the administration should never "interfere or otherwise attempt to alter the report of an abuse/neglect claim made by an employee of the facility."
Interference in reporting such an incident is also a class B misdemeanor under Kansas statutes.
That is why Campbell said FJAC never discouraged reporting.
Tyson said a few weeks went by after the memos were sent to Sampson and the staffer was still on the floor.
"I thought something should happen, maybe a suspension with pay until the veracity was checked out," he said. "It struck everyone as odd that he was still around."
Tyson said the staffer eventually was made an intern case worker for a few weeks before he left the facility.
The policy
Campbell said FJAC takes very seriously its obligation to report abuse. He said he was sure any staff member who felt a youth was being harmed would report it to the authorities, "and if they don't, they're negligent." But he also laid out the company's multilayered policy for reporting incidents.
"Staff should be reporting it, first of all, to their supervisor and the administrator, and if they don't feel it's being addressed then they should report it to our corporate compliance officer," Campbell said. "If they're not satisfied then, then they can always go to outside agencies."
He said employees would only face possible reprimand for reporting out of turn.
Rep. Pat Colloton, R-Leawood, chairwoman of the House Corrections and Juvenile Justice Committee, said that isn't how the law reads.
"It sounds like they've got a horrible policy in place that goes against the SRS intent," she said.
JJA commissioner Jennings said it isn't unreasonable for a facility to have a policy that requires the staff to report alleged abuse to superiors first so they can try to address the problem immediately. But that policy shouldn't be used as "a process of screening of what is reported or not."
"Really an employer shouldn't do anything that dissuades an employee from doing their statutory requirement to report alleged abuse," he said.
That being said, Jenning said, FJAC and other contractors "are in a position that they are able to ensure the environment is healthy and safe."
Campbell reiterated that most of the allegations haven't been substantiated by any state agency.
"Allegations can be made by people that maybe aren't the happiest with their employers," he said. "We're very concerned by every allegation. That's why we want to look into them."
James Carlson can be reached at (785) 295-1186 or james.carlson@cjonline.com.
http://www.kansas.com/2010/03/09/1216705/9-former-employees-sue-topeka.html
The Associated Press
· http://www.cjonline.com
TOPEKA, Kan. - A closed juvenile center in Topeka has been sued for discrimination by nine former employees.
In the federal lawsuit, the former employees of Forbes Juvenile Attention Center allege that they were subjected to racially insensitive jokes, intimidation and disparities in job evaluations.
The nine employees are seeking $500,000 in damages.
Scott Henricks, an official with center's parent company said the company wouldn't comment because it didn't know about the lawsuit.
The Topeka Capital-Journal reported last year that a 12-year-old resident alleged he was repeatedly raped because of insufficient staffing and room checks at the center. The company settled that lawsuit out of court in late November.
The center closed a few weeks after the story was reported.
Information from: The Topeka Capital-Journal, http://www.cjonline.com
*****************************************************
Youth detention center in 'chaos'
http://cjonline.com/news/local/2009-10-17/youth_detention_center_in_chaos
Created October 17, 2009 at 9:30pm
Updated October 18, 2009 at 1:15am
Insufficient staff numbers and inadequate room checks by a Topeka juvenile residential center opened the door for a 12-year-old boy to be repeatedly raped by his roommate over three days in January 2008, a civil lawsuit claims.
"The rape, sodomy, sexual assault and sexual battery could not have happened if the boys or men were properly supervised," reads the suit.
The suit, filed last year in Shawnee County District Court against the owners of Forbes Juvenile Attention Facility, isn't the only place to find concerns about the welfare of residents of the facility.
Other issues related to the treatment of residents have been raised in inspection reports, internal memos and the words of former FJAC workers. Allegations of racial discrimination and questions about how FJAC administrators notify authorities of alleged abuse also have been raised.
The problems, former staffers say, allowed sexual misconduct to go unnoticed.
"The last couple months before I left, it was chaos," said Clarence Tyson, a shift supervisor who resigned in late 2008 after seven years at FJAC.
The allegations are just that -- allegations, the FJAC administration said. Terry Campbell, executive vice president for Clarence M. Kelley Juvenile Justice Resources, which owns FJAC, said a handful of unhappy workers have already made similar claims to other governmental agencies.
"I'm sure SRS has received them, KDHE has received them, JJA has received them, the governor has probably received them," Campbell said. "It's because we've got disgruntled staff, former employees. They're not the majority of the professional staff that we have."
Campbell said there have been only six reports of sexual misconduct at FJAC since 2007, and only two were sexual assaults.
FJAC, located at Forbes Field at 6700 S.W. Topeka Blvd., is a privately run youth residential center, a nonsecure group home for male juvenile offenders that houses up to 56 youths ages 12 to 17. The offenders sent to FJAC aren't the most dangerous in the juvenile system, thus one reason why it isn't a locked facility.
Since a new administration took over at FJAC in late 2007, the Kansas Department of Health and Environment has investigated 20 complaints there. That is more than any of the 29 similar facilities contracting with the state except for one -- Camelot Lakeside in Goddard, which has had 26 such complaints. Many of the complaints against FJAC allege insufficient staffing led to the incidents.
And at least six workers -- five former and one current -- have filed state or federal discrimination suits in 2009. In addition to alleging black workers were treated differently, some of the suits say employees feared retaliation for reporting alleged abuse to authorities as required by regulations and law.
Campbell points out most allegations by the former employees and allegations investigated by KDHE couldn't be substantiated.
Ward Loyd, chairman of the Kansas Advisory Group on Juvenile Justice and Delinquency Prevention, said he hadn't heard of the allegations but said "where's there's smoke, there's usually fire."
"It's certainly unfortunate to hear that we've got these types of allegations with any Kansas facility," he said. "The whole issue with having them placed in these kinds of facilities is to provide for their needs, not to complicate them."
Civil suit
The 12-year-old plaintiff in the current civil suit against FJAC was referred to the facility in late 2007 or early 2008 by case manager Kenyetta Byrd. Soon after, an FJAC worker contacted Byrd concerned about the boy's small size. According to a February 2008 report by the Juvenile Justice Authority's inspector general on the incident, the caller told Byrd the boy would be "eaten alive."
"They didn't even have clothes small enough to fit him," said Toni Wash, a drug and alcohol counselor who worked at FJAC from late 2007 to late 2008. "Everyone was asking why he was there."
Campbell said he wouldn't comment on any incident under litigation. In addition to the civil case against Kelley Juvenile Detention Services, the roommate suspected of raping the 12-year-old is facing criminal sodomy charges in juvenile court.
Immediately after Byrd got the alarming call from the FJAC worker, another case coordinator called and told her to disregard the previous caller. The boy was then placed at FJAC.
The alleged rape and sodomy occurred from Jan. 22 to Jan. 24, 2008, and as soon as FJAC learned about it, officials there contacted authorities. The lawsuit claims FJAC workers didn't conduct room checks every 15 minutes as their policy mandated. The inspector general's report says room-check logs contained blanket statements about the whole floor without specific mention of individual room checks.
In an e-mail to Campbell on Feb. 14, 2008, Kelley administrator Scott Henricks conceded some fault.
"The cause of the alleged incident can partially be attributed to staff error," he wrote.
In its court response, however, FJAC flatly denied the allegations of improper staff work.
JJA commissioner Russ Jennings said:, "Is there a concern that staff aren't checking rooms regularly? Yes, there certainly is."
Mona Brown, a floor staffer for more than a year until she was fired in January, said she wasn't surprised something happened.
"The staff ratio just wasn't there," she said. "That is the thing that sets it up for things to happen."
Runaway
The alleged rape isn't the only incident in which inadequate supervision has been an issue at FJAC.
A KDHE investigatory report from March 19, 2009, chronicled how a resident stole a worker's cell phone and her car after FJAC staff members left him in a visitation room alone with instructions to stay put.
After meeting for 30 minutes and then going to their offices for another 20 minutes, staff members returned to the room to find the boy gone.
A security video would later show him walking up and down the halls on both floors. The report stated the boy roamed the halls for "approximately one hour and was able to steal a teacher's cell phone and car keys and then exit the building and steal a car without being noticed or missed."
"There was not adequate staff to supervise youth at all times," the report said.
The incident was reported to Metropolitan Topeka Airport Authority police, but it wasn't immediately reported to KDHE, as required by FJAC's own policies. It was two weeks before KDHE was notified.
Campbell said it was important to remember residents aren't locked up at FJAC.
"One takes off, one steals a car, and the issue we have is why didn't we tell KDHE about that at the time?" he asked. "Well, we should have (notified KDHE), but I think our primary concern is getting the police notified, making sure the kid is all right and make sure no one gets hurt."
It wasn't the first time KDHE, which shares oversight responsibilities with the Kansas Department of Social and Rehabilitation Services, heard of a such problem.
KDHE has received five complaints ranging from sexual activity between the boys to runaway youths, all of them blamed on a lack of staffing. Three of the complaints were unfounded, KDHE said.
But a Jan. 14, 2009, investigative report found evidence of inadequate staffing. The visit to FJAC was prompted by allegations another 12-year-old -- not the boy in the lawsuit -- was sodomized by his roommate. The KDHE report stated staff ratios were in compliance at the time of the incident, but a review of the previous year's records by the agency showed 14 shifts weren't staffed properly.
The report said FJAC administrator Jeff Sampson stated he had hired six to seven new employees and was at that time fully staffed.
KDHE's findings were conservative, said Sue Mayhan, who was the second-shift supervisor from October 2008 through May 2009.
"In the eight months I was there, we might have had adequate staffing three months," she said.
Clarence Tyson, a first-shift supervisor who left in late 2008 after seven years at FJAC, said employees were "always asking about staffing."
"Sometimes they'd have 14 or 15 kids on a unit and only one staff," he said.
KDHE requires facilities like FJAC to have at least one staff member for every seven residents during waking hours and one employee for every 10 at night.
In a Nov. 2, 2008, memo, floor staffer Alan Barr wrote to Sampson, "I continue to be on the wing constantly by myself, and I feel my safety is in question."
Campbell wouldn't comment on specific incidents but said KDHE's lack of findings on most of the claims was vindication. He said any problems with staffing were most likely the cause of employees calling in sick, and any issues were immediately addressed.
He said maintaining a consistent staff can be difficult in a facility with juvenile offenders. Since 2007, the facility, which ranges from 40 to 60 workers, has employed 111 people.
Jennings said in his experience running a juvenile detention center in western Kansas, "There's a multitude of issues in terms of recruitment, retention and trainability of employees."
How the facility responded when things did happen is the source of former employees' complaints to KDHE and the Kansas Human Rights Commission.
'Tom, Dick and Harry'
Former employees' statements, complaints to KDHE and claims in discrimination filings allege staff members were routinely discouraged by Sampson from reporting alleged abuse or misconduct to authorities.
Mayhan said Sampson questioned her in November 2008 when she heard an allegation of sodomy and called the MTAA police and other authorities.
"He said it was stuff like that that can get a facility closed down," she said. "He told me I call MTAA too much and that KDHE keeps getting the reports on us and that it's not good for us."
Mayhan said Sampson later told her and other staff members he was tired of having SRS and KDHE investigating "for every Tom, Dick and Harry thing."
Campbell said he wouldn't comment on any personnel matters. He said allegations of employees being discouraged from reporting incidents have appeared in at least some of the discrimination cases filed with KHRC.
Sexual misconduct
Wash said she experienced the same roadblock when she reported a possible case of sexual misconduct involving a resident in November 2008. After pushing the incident up the chain of command and getting nowhere for weeks, she said, she got a meeting with Sampson.
Wash said Sampson told her he hadn't heard anything about the incident. Soon after, she said, she began to get written up on a weekly basis.
She believed it was an effort to build a case for firing her, which happened in December 2008.
Campbell said he wouldn't go into specifics but said Wash wasn't fired for pushing to report the incident. He also said there was an investigation by SRS and MTAA police and that Wash was involved in it.
Wash said she was never contacted by anyone investigating the incident.
The Kansas Department of Labor, in determining whether Wash should get unemployment benefits, said there wasn't enough evidence to show her "alleged actions were a violation of a duty."
Months later, in an investigative document dated March 19, KDHE asked about allegations that staff members didn't do anything about an alleged sexual misconduct between two residents. Sampson told the agency: "He had checked into the incident and was not able to verify that the incident did occur. He did separate the boys at the time."
'That's my call'
In another incident in April 2008, Tyson heard allegations a floor staff member was crawling into bed with residents in the morning. He told the staff and residents to write memos.
"Resident (unnamed) said that Mr. K comes into their room and lays in the bed with them to wake them up," reads one of the memos dated April 9, 2008. "Resident said that he grabbed his toes while he was in the bed."
Tyson said he placed the documents in the mailboxes of the case worker, building supervisor and Sampson.
A few days later, Sampson came to the floor and asked the kids what happened, said floor staffer Brown. She said the residents told Sampson they didn't want the staffer fired. Brown said Sampson told the floor's staff and residents he wouldn't fire the employee and that no one was to call SRS.
"He said, 'That's my call,' " she said.
In addition to the requirement in JJA's provider handbook and in FJAC's own operations manual to report such incidents, it also says the administration should never "interfere or otherwise attempt to alter the report of an abuse/neglect claim made by an employee of the facility."
Interference in reporting such an incident is also a class B misdemeanor under Kansas statutes.
That is why Campbell said FJAC never discouraged reporting.
Tyson said a few weeks went by after the memos were sent to Sampson and the staffer was still on the floor.
"I thought something should happen, maybe a suspension with pay until the veracity was checked out," he said. "It struck everyone as odd that he was still around."
Tyson said the staffer eventually was made an intern case worker for a few weeks before he left the facility.
The policy
Campbell said FJAC takes very seriously its obligation to report abuse. He said he was sure any staff member who felt a youth was being harmed would report it to the authorities, "and if they don't, they're negligent." But he also laid out the company's multilayered policy for reporting incidents.
"Staff should be reporting it, first of all, to their supervisor and the administrator, and if they don't feel it's being addressed then they should report it to our corporate compliance officer," Campbell said. "If they're not satisfied then, then they can always go to outside agencies."
He said employees would only face possible reprimand for reporting out of turn.
Rep. Pat Colloton, R-Leawood, chairwoman of the House Corrections and Juvenile Justice Committee, said that isn't how the law reads.
"It sounds like they've got a horrible policy in place that goes against the SRS intent," she said.
JJA commissioner Jennings said it isn't unreasonable for a facility to have a policy that requires the staff to report alleged abuse to superiors first so they can try to address the problem immediately. But that policy shouldn't be used as "a process of screening of what is reported or not."
"Really an employer shouldn't do anything that dissuades an employee from doing their statutory requirement to report alleged abuse," he said.
That being said, Jenning said, FJAC and other contractors "are in a position that they are able to ensure the environment is healthy and safe."
Campbell reiterated that most of the allegations haven't been substantiated by any state agency.
"Allegations can be made by people that maybe aren't the happiest with their employers," he said. "We're very concerned by every allegation. That's why we want to look into them."
James Carlson can be reached at (785) 295-1186 or james.carlson@cjonline.com.
Twitter posts from Kansas Watchdog "hearings" (if you want to call them that) on foster care issues.
It is posted below: "SRS Jordan saying not everything said at hearings last year was true"
Who is Jordan saying is the liar this time?
#ksleg Jordan: "Checks and balances are built into the system". Removal should be for serious harm. about 4 hours ago via web
#ksleg Jordan: When at all possible childeren should be placed with natural family. Removal harms child. Must save from worse harm. about 4 hours ago via web
#ksleg State Rep Holmes: People in position of power have tremendous responsiblities. There are horror stories about removals? Safeguards? about 4 hours ago via web
#ksleg Jordan: "Life is messy". We can always do better. Compare to other states. about 4 hours ago via web
#ksleg State Rep Neufeld asking Jordan about ideas to improve the system. Jordan: Statutes are fine, but there are things to fix. about 4 hours ago via web
#ksleg State Rep Neufeld: "Don't need details" but need to do what is best for kids. about 4 hours ago via web
#ksleg State Rep Tietze asking "Where are you on confidentality"? Jordan: "Laws are to protect the child". Hurts us as an agency. about 4 hours ago via web
#ksleg Document about "Sunshine is good for children" from DC: http://tinyurl.com/yln7umr about 4 hours ago via web
#ksleg No one at hearing talking about how "Sunshine is good for children" http://tinyurl.com/yzvsv4z about 4 hours ago via web
#ksleg Jordan saying "their view of realty" isn't what is seen by SRS. State Rep Kiegerl: Actions by SRS looked like retaliation. about 4 hours ago via web
#ksleg SRS Jordan saying not everything said at hearings last year was true. about 4 hours ago via web
#ksleg State Rep Kiegerl: Take some actions so this kind of thing can never happen again. Jordan: "Limited on what I can say" about 4 hours ago via web
#ksleg State Rep Kiegerl asking SRS Jordan about Carpenter case. about 4 hours ago via web
#ksleg State Rep Kiegerl asking SRS Jordan to take a look at some cases one more time. about 4 hours ago via web
#ksleg SRS Secretary Jordan to field questions from Fed & State Committee. about 4 hours ago via web
#ksleg: Someone from Office of Judicial Administration is now talking about grants about 4 hours ago via web
#ksleg: State Rep Brunk: Thanking three young adults for testifying. State Rep Loganbill asking about "aging out" age at 18. Better age? about 4 hours ago via web
#ksleg: State Rep Neufeld: glad to hear about succsses of system. about 4 hours ago via web
#ksleg: Ritchie: SRS case worker has been very supportive. about 4 hours ago via web
#ksleg: 17 yr old "Ritchie": Been in foster care since 2004. Relatives did not have resources. about 4 hours ago via web
#ksleg: Perkins: Workers have too many kids on their case load. about 5 hours ago via web
#ksleg Perkins: Was in foster care for 6 years. First few years went well, but "All the other kids went home". I ran away. about 5 hours ago via web
#ksleg Rachel Perkins talking about her foster care experience. about 5 hours ago via web
#ksleg I only saw SRS worker twice while under their care. The 2nd time she didn't even recognize me. about 5 hours ago via web
#ksleg This person told about abuse "I am not a slave" and how she ran away at one point. about 5 hours ago via web
#ksleg Person that grew up in foster care now speaking. about 5 hours ago via web
#ksleg Spelling of last speaker's name was Janet Kado, LMSW about 5 hours ago via web
#ksleg State Rep Grant: You feel that when SRS was over foster care, it worked better? Cato: Yes about 5 hours ago via web
#ksleg State Rep Knox: Even though gov't, SRS worked as a team "the old way". about 5 hours ago via web
#ksleg Janet Cato: "Cannot say anything good about contracting" about 5 hours ago via web
#ksleg Janet Cato: "Why does this happen?" Crying about kids being left out. Their best interests are not being looked out for. about 5 hours ago via web
#ksleg Janet Cato: Too much staff turn around. Too many new workers in various agencies. about 5 hours ago via web
#ksleg Janet Cato: "This sounds negative but it's my personal experience" about 5 hours ago via web
#ksleg Janet Cato says private contracting not working. Too many agencies involved. Often parents don't know where to get help. about 5 hours ago via web
#ksleg State Rep Neufeld asking Youthville about kinship care. Youthville says we're above nat'l average: Neufeld: not satisfied with that about 5 hours ago via web
#ksleg State Rep asking Youthville about privatization vs. gov't-run system. State Rep Knox asking about "many" contractors instead of few. about 5 hours ago via web
#ksleg Youthville: Telling committee about chart before and after privatization. about 5 hours ago via web
#ksleg Youthville representative now speaking. DIdn't catch the name. about 5 hours ago via web
#ksleg Kiegerl asked about $500,000 contribution by The Farm. TFI: My understanding was the figure was in wrong category. about 5 hours ago via web
#ksleg Kiegerl to TFI: Why did you net worth increase so much in a few years? [TFI is a non-profit] KFI: We can provide more info. about 5 hours ago via web
#ksleg State Rep Mike Kiegerl: In Nov. hearing there were the least number of complaints against the farm. about 5 hours ago via web
#ksleg TFI: Target oversight that is needed. Not all areas need more attention. about 5 hours ago via web
#ksleg: State Rep Brown: We're seeing more and more complaints, yet the state is not providing more oversight. about 5 hours ago via web
#ksleg State Rep Brown to TFI: Accountability? How do you check yourself? about 5 hours ago via web
#ksleg Person from TFI (The Farm Inc) in Emporia is talking about their services. Serve about 4000 children and youth in Kansas. about 5 hours ago via web
#ksleg Live tweeting from House Fed & State Committee. Will continue today on children's issues. about 6 hours ago via web
It is posted below: "SRS Jordan saying not everything said at hearings last year was true"
Who is Jordan saying is the liar this time?
#ksleg Jordan: "Checks and balances are built into the system". Removal should be for serious harm. about 4 hours ago via web
#ksleg Jordan: When at all possible childeren should be placed with natural family. Removal harms child. Must save from worse harm. about 4 hours ago via web
#ksleg State Rep Holmes: People in position of power have tremendous responsiblities. There are horror stories about removals? Safeguards? about 4 hours ago via web
#ksleg Jordan: "Life is messy". We can always do better. Compare to other states. about 4 hours ago via web
#ksleg State Rep Neufeld asking Jordan about ideas to improve the system. Jordan: Statutes are fine, but there are things to fix. about 4 hours ago via web
#ksleg State Rep Neufeld: "Don't need details" but need to do what is best for kids. about 4 hours ago via web
#ksleg State Rep Tietze asking "Where are you on confidentality"? Jordan: "Laws are to protect the child". Hurts us as an agency. about 4 hours ago via web
#ksleg Document about "Sunshine is good for children" from DC: http://tinyurl.com/yln7umr about 4 hours ago via web
#ksleg No one at hearing talking about how "Sunshine is good for children" http://tinyurl.com/yzvsv4z about 4 hours ago via web
#ksleg Jordan saying "their view of realty" isn't what is seen by SRS. State Rep Kiegerl: Actions by SRS looked like retaliation. about 4 hours ago via web
#ksleg SRS Jordan saying not everything said at hearings last year was true. about 4 hours ago via web
#ksleg State Rep Kiegerl: Take some actions so this kind of thing can never happen again. Jordan: "Limited on what I can say" about 4 hours ago via web
#ksleg State Rep Kiegerl asking SRS Jordan about Carpenter case. about 4 hours ago via web
#ksleg State Rep Kiegerl asking SRS Jordan to take a look at some cases one more time. about 4 hours ago via web
#ksleg SRS Secretary Jordan to field questions from Fed & State Committee. about 4 hours ago via web
#ksleg: Someone from Office of Judicial Administration is now talking about grants about 4 hours ago via web
#ksleg: State Rep Brunk: Thanking three young adults for testifying. State Rep Loganbill asking about "aging out" age at 18. Better age? about 4 hours ago via web
#ksleg: State Rep Neufeld: glad to hear about succsses of system. about 4 hours ago via web
#ksleg: Ritchie: SRS case worker has been very supportive. about 4 hours ago via web
#ksleg: 17 yr old "Ritchie": Been in foster care since 2004. Relatives did not have resources. about 4 hours ago via web
#ksleg: Perkins: Workers have too many kids on their case load. about 5 hours ago via web
#ksleg Perkins: Was in foster care for 6 years. First few years went well, but "All the other kids went home". I ran away. about 5 hours ago via web
#ksleg Rachel Perkins talking about her foster care experience. about 5 hours ago via web
#ksleg I only saw SRS worker twice while under their care. The 2nd time she didn't even recognize me. about 5 hours ago via web
#ksleg This person told about abuse "I am not a slave" and how she ran away at one point. about 5 hours ago via web
#ksleg Person that grew up in foster care now speaking. about 5 hours ago via web
#ksleg Spelling of last speaker's name was Janet Kado, LMSW about 5 hours ago via web
#ksleg State Rep Grant: You feel that when SRS was over foster care, it worked better? Cato: Yes about 5 hours ago via web
#ksleg State Rep Knox: Even though gov't, SRS worked as a team "the old way". about 5 hours ago via web
#ksleg Janet Cato: "Cannot say anything good about contracting" about 5 hours ago via web
#ksleg Janet Cato: "Why does this happen?" Crying about kids being left out. Their best interests are not being looked out for. about 5 hours ago via web
#ksleg Janet Cato: Too much staff turn around. Too many new workers in various agencies. about 5 hours ago via web
#ksleg Janet Cato: "This sounds negative but it's my personal experience" about 5 hours ago via web
#ksleg Janet Cato says private contracting not working. Too many agencies involved. Often parents don't know where to get help. about 5 hours ago via web
#ksleg State Rep Neufeld asking Youthville about kinship care. Youthville says we're above nat'l average: Neufeld: not satisfied with that about 5 hours ago via web
#ksleg State Rep asking Youthville about privatization vs. gov't-run system. State Rep Knox asking about "many" contractors instead of few. about 5 hours ago via web
#ksleg Youthville: Telling committee about chart before and after privatization. about 5 hours ago via web
#ksleg Youthville representative now speaking. DIdn't catch the name. about 5 hours ago via web
#ksleg Kiegerl asked about $500,000 contribution by The Farm. TFI: My understanding was the figure was in wrong category. about 5 hours ago via web
#ksleg Kiegerl to TFI: Why did you net worth increase so much in a few years? [TFI is a non-profit] KFI: We can provide more info. about 5 hours ago via web
#ksleg State Rep Mike Kiegerl: In Nov. hearing there were the least number of complaints against the farm. about 5 hours ago via web
#ksleg TFI: Target oversight that is needed. Not all areas need more attention. about 5 hours ago via web
#ksleg: State Rep Brown: We're seeing more and more complaints, yet the state is not providing more oversight. about 5 hours ago via web
#ksleg State Rep Brown to TFI: Accountability? How do you check yourself? about 5 hours ago via web
#ksleg Person from TFI (The Farm Inc) in Emporia is talking about their services. Serve about 4000 children and youth in Kansas. about 5 hours ago via web
#ksleg Live tweeting from House Fed & State Committee. Will continue today on children's issues. about 6 hours ago via web
Friday, March 5, 2010
Twitter Posts By Kansas Watchdog on 3/4/10
3/4/10
#ksleg Fr Fellhauer: Our goal is not to make money, but to promote family integration. 1:24 PM Mar 4th via web
#ksleg "It is not always clear what is in best interest of children", Fr. Edward W Fellhauer from St. Francis Community Services 1:22 PM Mar 4th via web
#ksleg Representative from St. Francis Community Services in Salina speaking but time is limited. 1:19 PM Mar 4th via web
#ksleg 398 cases and 15 removals were in Sedgwick County 1:15 PM Mar 4th via web
#ksleg DCCCA: Since new contract started, 398 cases resulted in 15 removals. Limits about what they can talk about. 1:11 PM Mar 4th via web
#ksleg New category of assistance needed: pregnant women on substance abuse. Requirements of DCCCA contracts are well defined. 1:07 PM Mar 4th via web
#ksleg Tom Yule (sp?) from DECCCA talking about family preservation http://www.dccca.org/ 1:05 PM Mar 4th via web
#ksleg Erin Stuckey, KVC: Talking about how they handle reunification. 12:59 PM Mar 4th via web
#ksleg Kiegerl: Training of contractors is poor and inadquate. You (Jordan) are making progress. 12:53 PM Mar 4th via web
#ksleg Jordan: Adults in cases disagree. We ultimately have to make decision. We are committed to children. 12:52 PM Mar 4th via web
#ksleg Jordan: We will learn from our mistakes. 12:50 PM Mar 4th via web
#ksleg Jordan: No system is perfect. There will be mistakes. "We have appeal mechanisms" with oversight of the court. 12:49 PM Mar 4th via web
#ksleg State Kiegerl to Jordan: Dilley case particularly bothers me. 12:47 PM Mar 4th via web
#ksleg Jordan: Children in institutions went from 67% to 8%. Goal was more children in homes. 12:41 PM Mar 4th via web
#ksleg New contracts went into effect July 1, 2009. 12:36 PM Mar 4th via web
#ksleg Jordan: Contracts rebid in 2005. Improved adoption contract. Children stayed with same contractor. 12:36 PM Mar 4th via web
#ksleg Contractors had limited ability to control length of stay in foster care. Contracts changed in 2000 to improve financial stability. 12:35 PM Mar 4th via web
#ksleg Jordan: Reviewing history that led up to privatization. State divided into 5 regions. Privatization started in 1996. 12:31 PM Mar 4th via web
#ksleg Jordan: Contractors play no part in investigations. 12:27 PM Mar 4th via web
#ksleg Jordan: People don't hear contingencies 12:25 PM Mar 4th via web
#ksleg SRS Secretary Jordan saying parents have been informed regardless of what they said in their testimony. 12:25 PM Mar 4th via web
#ksleg Two people submitted written testimony: Kathy Winters, Annette Sneery (sp?) 12:24 PM Mar 4th via web
#ksleg 4th conferee Julie Thatcher talking about SRS' removal of son. 12:14 PM Mar 4th via web
#ksleg Did not catch full name of 3rd conferee. Children were separated. Grandmother Linda needed financial assistance to care for children 12:13 PM Mar 4th via web
#ksleg Dilley was removed as foster parent after testifying last year to the Joint Committee. 12:05 PM Mar 4th via web
Will publish Eric Rucker's motion later today. 12:02 PM Mar 4th via web
Eric Rucker filed motion for disqualification in his attorney ethics cases.Chair of his committee had worked for Dr. George Tiller. 12:01 PM Mar 4th via web
#ksleg Marilyn Dilley addressing Fed & State Affairs committee about adoption issue. Tried to adopt foster child. Contractor change issue? 11:57 AM Mar 4th via web
#ksleg Grandmother Sadie Carpenter describing health problems of foster mother chosen instead of her to adopt granddaughter. 11:52 AM Mar 4th via web
#ksleg Grandmother Sadie Carpenter testifying about their attempts to adopt own granddaughter 11:50 AM Mar 4th via web
#ksleg Conferees will be limited to 7 minutes today because of time limits. 11:48 AM Mar 4th via web
#ksleg 3 bills have been introduced in Fed and State. 1 introduced in appropriations. 11:47 AM Mar 4th via web
#ksleg 23 cases discussed in Exec session with SRS. 68 had asked to testify. Names were not mentioned in testimony. 11:46 AM Mar 4th via web
#ksleg Joint Committee: SRS Secretary did not follow procedures but did not break law in dealing with extraordinary expenditure request 11:44 AM Mar 4th via web
#ksleg Joint Committee suggests making reimbursements to grandparents discretionary. 11:43 AM Mar 4th via web
#ksleg Joint Committee suggests legislature consider giving judges more latitude in their decision making 11:42 AM Mar 4th via web
#ksleg Joint Committee recommends more training for case workers. 11:42 AM Mar 4th via web
#ksleg: Joint Committee recommendations: Request post audit review of foster care esp. regarding to placement of children 11:41 AM Mar 4th via web
#ksleg Several weeks ago Joint Committee on Children issues had executive session to hear SRS' response to questions from past hearings. 11:37 AM Mar 4th via web
#ksleg Live tweeting from Kansas Fed & State Affairs Heaing: Reviewing recent hearings about foster care and other children issues. 11:36 AM Mar 4th via web
#ksleg Fr Fellhauer: Our goal is not to make money, but to promote family integration. 1:24 PM Mar 4th via web
#ksleg "It is not always clear what is in best interest of children", Fr. Edward W Fellhauer from St. Francis Community Services 1:22 PM Mar 4th via web
#ksleg Representative from St. Francis Community Services in Salina speaking but time is limited. 1:19 PM Mar 4th via web
#ksleg 398 cases and 15 removals were in Sedgwick County 1:15 PM Mar 4th via web
#ksleg DCCCA: Since new contract started, 398 cases resulted in 15 removals. Limits about what they can talk about. 1:11 PM Mar 4th via web
#ksleg New category of assistance needed: pregnant women on substance abuse. Requirements of DCCCA contracts are well defined. 1:07 PM Mar 4th via web
#ksleg Tom Yule (sp?) from DECCCA talking about family preservation http://www.dccca.org/ 1:05 PM Mar 4th via web
#ksleg Erin Stuckey, KVC: Talking about how they handle reunification. 12:59 PM Mar 4th via web
#ksleg Kiegerl: Training of contractors is poor and inadquate. You (Jordan) are making progress. 12:53 PM Mar 4th via web
#ksleg Jordan: Adults in cases disagree. We ultimately have to make decision. We are committed to children. 12:52 PM Mar 4th via web
#ksleg Jordan: We will learn from our mistakes. 12:50 PM Mar 4th via web
#ksleg Jordan: No system is perfect. There will be mistakes. "We have appeal mechanisms" with oversight of the court. 12:49 PM Mar 4th via web
#ksleg State Kiegerl to Jordan: Dilley case particularly bothers me. 12:47 PM Mar 4th via web
#ksleg Jordan: Children in institutions went from 67% to 8%. Goal was more children in homes. 12:41 PM Mar 4th via web
#ksleg New contracts went into effect July 1, 2009. 12:36 PM Mar 4th via web
#ksleg Jordan: Contracts rebid in 2005. Improved adoption contract. Children stayed with same contractor. 12:36 PM Mar 4th via web
#ksleg Contractors had limited ability to control length of stay in foster care. Contracts changed in 2000 to improve financial stability. 12:35 PM Mar 4th via web
#ksleg Jordan: Reviewing history that led up to privatization. State divided into 5 regions. Privatization started in 1996. 12:31 PM Mar 4th via web
#ksleg Jordan: Contractors play no part in investigations. 12:27 PM Mar 4th via web
#ksleg Jordan: People don't hear contingencies 12:25 PM Mar 4th via web
#ksleg SRS Secretary Jordan saying parents have been informed regardless of what they said in their testimony. 12:25 PM Mar 4th via web
#ksleg Two people submitted written testimony: Kathy Winters, Annette Sneery (sp?) 12:24 PM Mar 4th via web
#ksleg 4th conferee Julie Thatcher talking about SRS' removal of son. 12:14 PM Mar 4th via web
#ksleg Did not catch full name of 3rd conferee. Children were separated. Grandmother Linda needed financial assistance to care for children 12:13 PM Mar 4th via web
#ksleg Dilley was removed as foster parent after testifying last year to the Joint Committee. 12:05 PM Mar 4th via web
Will publish Eric Rucker's motion later today. 12:02 PM Mar 4th via web
Eric Rucker filed motion for disqualification in his attorney ethics cases.Chair of his committee had worked for Dr. George Tiller. 12:01 PM Mar 4th via web
#ksleg Marilyn Dilley addressing Fed & State Affairs committee about adoption issue. Tried to adopt foster child. Contractor change issue? 11:57 AM Mar 4th via web
#ksleg Grandmother Sadie Carpenter describing health problems of foster mother chosen instead of her to adopt granddaughter. 11:52 AM Mar 4th via web
#ksleg Grandmother Sadie Carpenter testifying about their attempts to adopt own granddaughter 11:50 AM Mar 4th via web
#ksleg Conferees will be limited to 7 minutes today because of time limits. 11:48 AM Mar 4th via web
#ksleg 3 bills have been introduced in Fed and State. 1 introduced in appropriations. 11:47 AM Mar 4th via web
#ksleg 23 cases discussed in Exec session with SRS. 68 had asked to testify. Names were not mentioned in testimony. 11:46 AM Mar 4th via web
#ksleg Joint Committee: SRS Secretary did not follow procedures but did not break law in dealing with extraordinary expenditure request 11:44 AM Mar 4th via web
#ksleg Joint Committee suggests making reimbursements to grandparents discretionary. 11:43 AM Mar 4th via web
#ksleg Joint Committee suggests legislature consider giving judges more latitude in their decision making 11:42 AM Mar 4th via web
#ksleg Joint Committee recommends more training for case workers. 11:42 AM Mar 4th via web
#ksleg: Joint Committee recommendations: Request post audit review of foster care esp. regarding to placement of children 11:41 AM Mar 4th via web
#ksleg Several weeks ago Joint Committee on Children issues had executive session to hear SRS' response to questions from past hearings. 11:37 AM Mar 4th via web
#ksleg Live tweeting from Kansas Fed & State Affairs Heaing: Reviewing recent hearings about foster care and other children issues. 11:36 AM Mar 4th via web
Wednesday, March 3, 2010
Kansas Foster Care Hearings In Topeka
3/3/10
Twitter Posts from the KansasWatchdog on hearings today in Topeka, KS on Children's Issues, "Foster Care"
#ksleg Summers: refuses to stop a second time as she gives her summary about 8 hours ago via web
#ksleg Summers: refuses to stop when asked by State Rep Neufeld. says she has another page and a half of testimony. Neufeld yields (so far) about 8 hours ago via web
#ksleg Summers: Three witnesses were ignored by the court. Background checks delayed reunification. about 8 hours ago via web
#ksleg Summers: child had been abused and was threatend "not to tell" about 8 hours ago via web
#ksleg Summers: "travesty of justice" is the title of a book she is writing about harm done to children in this state. about 8 hours ago via web
#ksleg Summers does not understand why case was not prosecuted when abuse was obvious in her opinion. about 8 hours ago via web
#ksleg Summers testifying about Judge Burgess not allowing evidence to be heard in court room. about 8 hours ago via web
#ksleg Frankie Summers, a fFormer educator, talking now about personal experiences about what child experienced while in custody. about 8 hours ago via web
#kslefg Judge Burgess: I cannot hold parents accountable if contractors are also not held accountable. about 8 hours ago via web
#ksleg Judge Burgess wants to reply to Attorney's comments. Talking about relationship with contractors. Judge for closer communications about 8 hours ago via web
#ksleg State Rep Holmes: Where is problem? Attorney: multi-facted prolbem. Remove financial incentive. Some rules need to be changed. about 8 hours ago via web
#ksleg Attorney: Reality is once there's a problem you're in court for month and months. Need to take money incentives out of system. about 8 hours ago via web
#ksleg Live tweeting from Kansas Fed and State Affairs Committee Hearing about 8 hours ago via web
#ksleg Attorney: privatization creates financial incentives for contractors that are not in the best interest of the child. about 8 hours ago via web
#ksleg Attorney: children can be removed. SRS doesn't investigate. about 8 hours ago via web
#ksleg Attorney: Need fair judges. Judges being too close to workers, contractors can be a problem. about 8 hours ago via web
#ksleg Attorney: Case worker's report was in error and court acted on it. Judge said "it didn't matter". Need checks and balances. about 8 hours ago via web
#ksleg: Attorney: Case worker had child removed. Worker had too much power. Best interest of child not served. about 8 hours ago via web
#ksleg JoCo attorney (can't spell the name) talking about removal of child for spanking that could not be substantiated. about 8 hours ago via web
#ksleg State rep talking about CASA: Court Appointed Special Advocates for children. There are not enough CASAs to meet the need. about 8 hours ago via web
#ksleg State Rep Neufeld asking about GAL training. Hogan: Training is one way to help support attorneys about 8 hours ago via web
#ksleg State Rep Kiegerl: GAL paid $60/hr in JoCo; Hogan: In SG County $35K/year for half-time work but usually more than half-time. about 8 hours ago via web
#ksleg Hogan: many parents don't have money for legal representation. Guardian ad litems (GAL) are paid less than many attorneys. about 9 hours ago via web
#ksleg Attorney Kelly Hogan, child legal services. Talking about a how a guardian ad litem represents the child's best interest. about 9 hours ago via web
#ksleg Judge says grandparents always allowed to comment. "Call me" to state reps if you ever have a problem with a case. about 9 hours ago via web
#ksleg State Rep Kiegerl asking judge why there seems to be more cases in Sedgwick county. Perhaps judges and contractors too close? about 9 hours ago via web
#ksleg Judge Burgess: implementation of privatization was rough at first. "Perfectly fine with it now" about 9 hours ago via web
#ksleg Judge Burgess: We have problems in Sedgwick County that western Kansas does not have. about 9 hours ago via web
#ksleg Judge Burgess: When "Kansas is rich" prevention would be a better approach. about 9 hours ago via web
#ksleg Judge Burgess: Transition to privatization was difficult. Now meet with contractors once a month. about 9 hours ago via web
ksleg Judge Burgess: Only 3% of children taken in are truants. Child has never been removed from home for truancy. Truancy is a huge issue about 9 hours ago via web
#ksleg: Almost 60 people at Fed & State hearing to learn about child welfare issues. about 9 hours ago via web
#ksleg: Judge Burgess: Biggest problem is service delivery. Most families don’t ask for help until crisis hits. about 9 hours ago via web
#ksleg: Judge Burgess is next to testify. Introductions could be better to identify who is speaking. about 9 hours ago via web
#kslefg Judge asked about her concerns about privatization: Judge: Done quickly, more bureaucracy, service barriers. about 9 hours ago via web
#ksleg Judge Shepherd: "not a good thing" sometimes when transfers occur between contractors about 9 hours ago via web
#ksleg Rep Neufeld asking Judge Shepherd about privatization. She was not a supporter; hurt us initially. about 9 hours ago via web
#ksleg Judge: We don't have cases where someone comes in and asks to give up their kids about 9 hours ago via web
#ksleg Judge: Child may be in police protective custody for up to 48 hours until judge signs order. Then in SRS custody. about 9 hours ago via web
#ksleg State Rep Mike Kiegerl asking when contractors first see a child after a judge's order about 9 hours ago via web
#ksleg Judge Shepherd (I think Jean F Shepherd from Lawrence) talking about legal steps for removing a child from the home about 9 hours ago via web
#ksleg Judges talking at Fed & State Committee hearing about child welfare. about 9 hours ago via web
JoCo Unofficial Final Election Results: Prairie Village Ward 4, Shawnee Ward 3, Gardner recalls http://tinyurl.com/yzf86wd about 24 hours ago via web
#ksleg Most of the ~50 in the audience at the Fed and State Affairs hearing cannot see speakers' slides -- need two screens. 1:01 PM Mar 2nd via web
#ksleg NCSL: Two federal funding streams: title 4 b child welfare, and 4e foster care. 12:45 PM Mar 2nd via web
#ksleg NCSL: State and local funds more than federal but federal rules drive the system. 12:43 PM Mar 2nd via web
#ksleg Sheri Steisel(?) from NCSL DC talking about complexity of child welfare system. Now talking about federal funding. 12:42 PM Mar 2nd via web
#ksleg Chair Neufeld: Remember history. ACLU law suit 15 years ago and other problems resulted in privitization. What are best practices? 12:36 PM Mar 2nd via web
#ksleg State Rep Kiegerl: Any data that privitization doing what was expected? How is performance measured? How do other states compare? 12:32 PM Mar 2nd via web
#ksleg State Rep Loganbill asking if any evidence whether privitization is better or worse. NCSL: Some data, but no conclusion. 12:31 PM Mar 2nd via web
#ksleg Kieger: Removal in other states for non mal-treatment. NCSL rep willl get that data. 12:09 PM Mar 2nd via web
#ksleg State Rep Mike Kiegerl: 53% removed in Kansas for reaons other than neglect. Asking for reason, comparison with other states. 12:08 PM Mar 2nd via web
#ksleg NCSL Rep: Kansas is somewhat unique in number of children removed from home for reasons other than neglect. 12:07 PM Mar 2nd via web
#ksleg Chair Melvin Neufeld asking about a particular statistic for Kansas that was about twice the national average. 12:03 PM Mar 2nd via web
#ksleg Representative from National Conference of State Legislature (NCSL) talking about child welfare system. http://www.ncsl.org/ 11:59 AM Mar 2nd via web
Twitter Posts from the KansasWatchdog on hearings today in Topeka, KS on Children's Issues, "Foster Care"
#ksleg Summers: refuses to stop a second time as she gives her summary about 8 hours ago via web
#ksleg Summers: refuses to stop when asked by State Rep Neufeld. says she has another page and a half of testimony. Neufeld yields (so far) about 8 hours ago via web
#ksleg Summers: Three witnesses were ignored by the court. Background checks delayed reunification. about 8 hours ago via web
#ksleg Summers: child had been abused and was threatend "not to tell" about 8 hours ago via web
#ksleg Summers: "travesty of justice" is the title of a book she is writing about harm done to children in this state. about 8 hours ago via web
#ksleg Summers does not understand why case was not prosecuted when abuse was obvious in her opinion. about 8 hours ago via web
#ksleg Summers testifying about Judge Burgess not allowing evidence to be heard in court room. about 8 hours ago via web
#ksleg Frankie Summers, a fFormer educator, talking now about personal experiences about what child experienced while in custody. about 8 hours ago via web
#kslefg Judge Burgess: I cannot hold parents accountable if contractors are also not held accountable. about 8 hours ago via web
#ksleg Judge Burgess wants to reply to Attorney's comments. Talking about relationship with contractors. Judge for closer communications about 8 hours ago via web
#ksleg State Rep Holmes: Where is problem? Attorney: multi-facted prolbem. Remove financial incentive. Some rules need to be changed. about 8 hours ago via web
#ksleg Attorney: Reality is once there's a problem you're in court for month and months. Need to take money incentives out of system. about 8 hours ago via web
#ksleg Live tweeting from Kansas Fed and State Affairs Committee Hearing about 8 hours ago via web
#ksleg Attorney: privatization creates financial incentives for contractors that are not in the best interest of the child. about 8 hours ago via web
#ksleg Attorney: children can be removed. SRS doesn't investigate. about 8 hours ago via web
#ksleg Attorney: Need fair judges. Judges being too close to workers, contractors can be a problem. about 8 hours ago via web
#ksleg Attorney: Case worker's report was in error and court acted on it. Judge said "it didn't matter". Need checks and balances. about 8 hours ago via web
#ksleg: Attorney: Case worker had child removed. Worker had too much power. Best interest of child not served. about 8 hours ago via web
#ksleg JoCo attorney (can't spell the name) talking about removal of child for spanking that could not be substantiated. about 8 hours ago via web
#ksleg State rep talking about CASA: Court Appointed Special Advocates for children. There are not enough CASAs to meet the need. about 8 hours ago via web
#ksleg State Rep Neufeld asking about GAL training. Hogan: Training is one way to help support attorneys about 8 hours ago via web
#ksleg State Rep Kiegerl: GAL paid $60/hr in JoCo; Hogan: In SG County $35K/year for half-time work but usually more than half-time. about 8 hours ago via web
#ksleg Hogan: many parents don't have money for legal representation. Guardian ad litems (GAL) are paid less than many attorneys. about 9 hours ago via web
#ksleg Attorney Kelly Hogan, child legal services. Talking about a how a guardian ad litem represents the child's best interest. about 9 hours ago via web
#ksleg Judge says grandparents always allowed to comment. "Call me" to state reps if you ever have a problem with a case. about 9 hours ago via web
#ksleg State Rep Kiegerl asking judge why there seems to be more cases in Sedgwick county. Perhaps judges and contractors too close? about 9 hours ago via web
#ksleg Judge Burgess: implementation of privatization was rough at first. "Perfectly fine with it now" about 9 hours ago via web
#ksleg Judge Burgess: We have problems in Sedgwick County that western Kansas does not have. about 9 hours ago via web
#ksleg Judge Burgess: When "Kansas is rich" prevention would be a better approach. about 9 hours ago via web
#ksleg Judge Burgess: Transition to privatization was difficult. Now meet with contractors once a month. about 9 hours ago via web
ksleg Judge Burgess: Only 3% of children taken in are truants. Child has never been removed from home for truancy. Truancy is a huge issue about 9 hours ago via web
#ksleg: Almost 60 people at Fed & State hearing to learn about child welfare issues. about 9 hours ago via web
#ksleg: Judge Burgess: Biggest problem is service delivery. Most families don’t ask for help until crisis hits. about 9 hours ago via web
#ksleg: Judge Burgess is next to testify. Introductions could be better to identify who is speaking. about 9 hours ago via web
#kslefg Judge asked about her concerns about privatization: Judge: Done quickly, more bureaucracy, service barriers. about 9 hours ago via web
#ksleg Judge Shepherd: "not a good thing" sometimes when transfers occur between contractors about 9 hours ago via web
#ksleg Rep Neufeld asking Judge Shepherd about privatization. She was not a supporter; hurt us initially. about 9 hours ago via web
#ksleg Judge: We don't have cases where someone comes in and asks to give up their kids about 9 hours ago via web
#ksleg Judge: Child may be in police protective custody for up to 48 hours until judge signs order. Then in SRS custody. about 9 hours ago via web
#ksleg State Rep Mike Kiegerl asking when contractors first see a child after a judge's order about 9 hours ago via web
#ksleg Judge Shepherd (I think Jean F Shepherd from Lawrence) talking about legal steps for removing a child from the home about 9 hours ago via web
#ksleg Judges talking at Fed & State Committee hearing about child welfare. about 9 hours ago via web
JoCo Unofficial Final Election Results: Prairie Village Ward 4, Shawnee Ward 3, Gardner recalls http://tinyurl.com/yzf86wd about 24 hours ago via web
#ksleg Most of the ~50 in the audience at the Fed and State Affairs hearing cannot see speakers' slides -- need two screens. 1:01 PM Mar 2nd via web
#ksleg NCSL: Two federal funding streams: title 4 b child welfare, and 4e foster care. 12:45 PM Mar 2nd via web
#ksleg NCSL: State and local funds more than federal but federal rules drive the system. 12:43 PM Mar 2nd via web
#ksleg Sheri Steisel(?) from NCSL DC talking about complexity of child welfare system. Now talking about federal funding. 12:42 PM Mar 2nd via web
#ksleg Chair Neufeld: Remember history. ACLU law suit 15 years ago and other problems resulted in privitization. What are best practices? 12:36 PM Mar 2nd via web
#ksleg State Rep Kiegerl: Any data that privitization doing what was expected? How is performance measured? How do other states compare? 12:32 PM Mar 2nd via web
#ksleg State Rep Loganbill asking if any evidence whether privitization is better or worse. NCSL: Some data, but no conclusion. 12:31 PM Mar 2nd via web
#ksleg Kieger: Removal in other states for non mal-treatment. NCSL rep willl get that data. 12:09 PM Mar 2nd via web
#ksleg State Rep Mike Kiegerl: 53% removed in Kansas for reaons other than neglect. Asking for reason, comparison with other states. 12:08 PM Mar 2nd via web
#ksleg NCSL Rep: Kansas is somewhat unique in number of children removed from home for reasons other than neglect. 12:07 PM Mar 2nd via web
#ksleg Chair Melvin Neufeld asking about a particular statistic for Kansas that was about twice the national average. 12:03 PM Mar 2nd via web
#ksleg Representative from National Conference of State Legislature (NCSL) talking about child welfare system. http://www.ncsl.org/ 11:59 AM Mar 2nd via web
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