Bittersweet Justice: Kansas

Occasionally there is justice for those negatively affected by the child welfare and adoption systems. Unfortunately, it is usually bittersweet and much too late. This will serve as REFORM Talk’s justice files.

“A court settlement Thursday will require the Kansas foster care system to pay $1.25 million after a child sleeping in a contractor’s office was sexually assaulted in 2018.

A foster child, referred to as D.D. in court documents, spent a month sleeping in the office of foster care contractor KVC Kansas before the assault. The child, who was 13 years old at the time of the assault, was removed from home as the state investigated allegations of child abuse.

An 18-year-old with a history of sexual abusing others, referred to M.H. in court documents, was put at the same office, attorneys said in court documents. KVC was understaffed and didn’t have enough people to watch all the children at once, and the sexual assault happened while D.D. was left unattended.

KVC and DCF knew of M.H.’s past and were warned by family not to put the juvenile with other kids, court documents show.

Mark Schloegel, a partner at Popham Law who represented D.D., said KVC and DCF blamed one another. KVC said the foster care system was so unprepared they had few options while DCF said they aren’t to blame for the contractor’s mistake. Attorneys for the victim argued both organizations are liable.

“Defendants DCF and KVC are responsible for D.D.’s sexual assault and a failure of the most basic legal responsibility under the federal and state laws and rules,” attorneys wrote in a court document.

DCF declined to comment and KVC said “the safety and wellbeing of children and families is always our highest priority.”

Kansas foster care system to pay $1.25M after child sexually assaulted in a contractor’s office
[The Topeka Capitol-Journal 7/1/22 by Blaise Mesa]