Kansas committee hears push to strengthen Foster Care Bill of Rights, require child-facing notice and documentation
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Summary
Supporters and youth advocates told the House Committee on Child Welfare and Foster Care that HB 26 38 would require age-appropriate notice of foster-care rights and documented acknowledgment in the child’s file to improve accountability and help youth self-advocate.
Supporters of a proposed change to Kansas law told a House child-welfare committee on Thursday that making the state’s Foster Care Bill of Rights visible and verifiable for children would improve accountability and help youth assert basic protections.
Jesse from the Revisor’s Office told the Committee HB 26 38 would amend KSA 38-2201a, known in the bill as the Representative Gail Finney Memorial Foster Care Bill of Rights, to require that ‘‘in a manner that is age and developmentally appropriate, as soon as the child is in custody of the secretary … the secretary shall make every effort to provide oral and written notification’’ of those rights and include documentation in the child’s case file acknowledging that the child, when appropriate, received the notice.
Why it matters: Witnesses said the change would close a gap between policy and practice. Kansas Appleseed’s Bridal Visoski called the amendment ‘‘an opportunity to create another measure of accountability to give a voice to those youth who are experiencing these violations,’’ and added that ‘‘Kansas owes it to the kids in care to make sure they understand they have the right to live in a safe and comfortable placement.’’
Advocates who drafted child-centered language told the panel their revisions aim to make rights understandable and actionable. Social work students Adelia Nisley and Allison Wiggs recommended plain-language, trauma-informed wording and proposed specific additions such as: telling children why they are in foster care, explicitly including protection from physical and emotional abuse, and requiring transition planning to begin at age 14 so youth leave care with identification, medical records and other essential documents.
Office of Child Advocate Carrie Leonard said her office supports the bill and suggested additional safeguards: include the child’s court-appointed guardian ad litem and the Office of Child Advocate contact information in notices, provide the notice at each case-planning conference and at placement changes (or at least annually), and post the Bill of Rights in congregate-care settings so youth can see it.
Department for Children and Families Deputy Secretary Tanya Keyes told lawmakers that DCF already provides a form of the Bill of Rights and keeps forms in case files and that current policy permits an authorized individual to sign for children under age 10. Keyes asked the committee to consider a minimum threshold for direct child communication and recommended ‘‘requiring this, at the first grade level’’ as a potential statewide standard for age-appropriate notice.
Committee response and next steps: Members told witnesses they generally support improving notice and accountability and asked DCF to consider whether changes could be accomplished through policy and training as well as statute. The committee agreed to follow up with DCF and with the Joint Child Welfare System Oversight Committee in March and to return to work the bill on the committee’s next meeting day.
The hearing closed with proponents only in person; written proponent testimony was noted. The committee will reconvene Monday to continue work on amendments.
