Sunday, August 30, 2009

KSN Channel 3 In Wichita, KS


http://www.ksn.com/news/local/story/Audit-shows-over-50-of-Wichita-Social-workers-say/NY2JzuqRaUaL2CPSR87quQ.cspx

Audit shows over 50% of Wichita Social workers say they've been pressured by DA's office
Last Update: 8/28 8:41 pm

WICHITA, Kansas – Adding fuel to the fire, a legislative audit is taking aim at whether state social workers were bullied on the job. Now the Sedgwick County DA’s Office is on the defensive.The long-awaited audit was released Friday. State lawmakers asked for it after KSN aired comments made by SRS Secretary Don Jordan. Those comments said attorneys with the Sedgwick County DA’s Office were bullying social workers. "In Sedgwick County often times we end up writing things because it's what our social workers get bullied by the district attorney's office into writing,” Jordan had said. “They really have no belief in what it says."Those were the comments made by Jordan, which were taped by critics and later obtained by KSN. Those comments led to the audit. Jordan quickly retracted his statement, but an audit released Friday shows at least some truth to his comments. The audit found in Wichita 50 percent of social workers surveyed said they felt pressured at least once by an attorney to exclude information that they thought would distort the facts of a case. Additionally, 58 percent said they were pressured to include facts."I'm really rather shocked about this, very shocked,” said Senator Jean Schodorf. “I was hoping there wouldn't be a result like this."Senator Schodorf was one of those who requested the audit. "I'm asking Nola to take this seriously,” she said. “She loves children, she's concerned about children and I'm asking her to review all her policies in the district attorney's office about child in need of care cases,” she said.The DA’s office, however, points out the audit never found any evidence that social workers were asked to put false information in a petition. And reports of pressure were more likely a case of professional differences."It's unfortunate that anyone would feel some type of undo pressure,” said Deputy District Attorney Kim Parker. “However, there are sometimes there are situations where it's just important from a lawyers point of view to have certain information in a legal pleading.” The DA’s Office also points out that there was no time period given in the survey and judges told auditors that there was a bigger problem five to 10 years ago and it’s getting much better.

Social workers pressured

http://cjonline.com/news/state/2009-08-29/social_workers_pressured#new

By Tim Carpenter
Created August 29, 2009 at 10:28pm
Updated August 30, 2009 at 12:18am
Kansas Social and Rehabilitation Services Secretary Don Jordan accused Sedgwick County prosecutors of bullying state social workers to amend affidavits used in child custody cases.
When a tape recording of Jordan's remark surfaced, he backtracked from his assertion that misleading statements were being inserted or deleted from legal documents. But the resulting controversy prompted an investigation by the bipartisan Legislative Post Audit Committee into complaints external influence had been applied on SRS workers participating in evaluations to determine whether a child remained in state protective custody or was returned to his or her parents.
The audit released Friday included a survey of social workers in Kansas. Twenty percent of these agents of the state responding to a questionnaire said they had felt unduly pressured to include or exclude information in court petitions at some point in their career.
While 80 percent didn't share that experience, at least one social worker from each of the state's six geographic areas said they had been pressured to adapt an affidavit to the demands of a district attorney or county attorney handling a child-in-need-of-care case.
The situation has been most prevalent in Wichita, according to the audit survey, with at least half of respondents absorbing pressure from an attorney to misrepresent facts to an extent the social worker felt the report distorted a child's circumstances. Instances of bullying were lower -- six percent -- among SRS social workers serving northeast Kansas.
The survey found more than half of the state's social workers reported they occasionally were in strong disagreement with decisions on a case made by a county or district attorney.
Nearly 5,000 Kansas boys and girls "in need of care" are under state supervision.
Legislators said complaints by families about unfairness in the assessment process should be taken seriously.
"There is a perception out there," said Rep. Tom Burroughs, D-Kansas City, a member of the post audit committee. "That is really important."
Auditors completed the survey and reviewed 9,000 cases before issuing recommendations that SRS channel social workers through training in preparing documents, working with attorneys and testifying in court. The survey indicated a majority of SRS social workers believe they received insufficient initial training in these subjects, which left them to learn these skills in trial by fire.
"What are we doing about it?" asked Rep. John Grange, an El Dorado Republican and member of the post audit committee.
Jordan, who again expressed that his comments about Sedgwick County cases had been misconstrued, said the agency was developing a new training regimen. That process would supplement 40 hours of continuing education credits required of Kansas social workers every two years, he said.
"We are implementing some training and putting things in place to take care of the deficiencies found in the audit," Jordan said. "I think they are legitimate issues we need to address."
He touted his personal effort to improve communication among SRS officials, prosecutors and judges throughout the state.
The audit was authorized nearly a year ago after legislators learned Jordan was secretly taped discussing his view that Sedgwick County prosecutors "bullied" social workers.
During a meeting with the advocacy group Citizens for Change in Topeka, Jordan was recorded saying: "But in Sedgwick County oftentimes we end up writing things because it's what our social workers get bullied by the district attorney's office into writing. So they really have no belief in what it says."
Jordan confided in that meeting that he was working to make certain SRS staff members held to their own analysis of a child's status, but acknowledged some of his employees would inevitably be intimidated by assistant district attorneys with more experience.
"The reality comes down to, you send a 25-year-old social worker into a room with a 15-year county ADA who is willing to yell at them, cuss at them, scream at them and threaten them," Jordan said.
Sedgwick County District Attorney Nola Foulston denied all wrongdoing by her office. Three judges who hear these cases said they weren't aware of improper editing of affidavits, which are four or five pages in length and reflect interviews by social workers of children, parents, relatives and teachers.
Kim Parker, chief deputy district attorney in Sedgwick County, said the audit didn't uncover evidence that prosecutors in the office coerced social workers to include false information in affidavits.
She said prosecutors involved in child custody cases were dedicated professionals. She said the process in which lawyers operate requires them to be strong advocates for a particular viewpoint. It doesn't always produce attorneys with a rosy bedside manner, she said.
"Lawyers don't typically receive training on how to be nice to people," Parker said.
Tim Carpenter can be reached
at (785) 296-3005
or timothy.carpenter@cjonline.com.

Saturday, August 29, 2009

"Letters to the editor on child welfare audit"

http://www.kansas.com/opinion/letters/story/959546.html?qwxq=4636468&pageNum=1&&&mi_pluck_action=page_nav#Comments_Container


Posted on Sun, Sep. 06, 2009
"Letters to the editor on child welfare audit"
Written by Senator Jean Schodorf

Audit identified areas to improve
The Kansas Legislative Division of Post Audit recently completed the children-in-need-of-care audit requested by House Speaker Mike O'Neal, R-Hutchinson, and myself ("Audit says few social workers pressured," Aug. 29 Eagle). The audit found that, in Wichita, 54 percent of case managers felt undue pressure to include facts regarding children-in-need-of-care cases.
The auditors' local interviews indicated that conditions had improved and that, if this pressuring happened, it was 10 to 15 years ago and not in the past five years. But the audit was requested because of the numerous citizen complaints during the past year — not five years ago.
It is my hope that the Sedgwick County district attorney will interview attorneys regarding their litigation techniques and provide some training or classes for case managers/social workers who work with the District Attorney's Office. I also hope that Social and Rehabilitation Services Secretary Don Jordan will make sure that social workers are better trained to participate in the legal system.
That is why these audits are important — so that the state can identify areas of weaknesses and attempt to improve services. In this case, we need to ensure that all children are being served correctly in the legal system and that their safety is the top priority.
Sen. JEAN KURTIS SCHODORF
District 25
Wichita

timeforchange wrote on 9/6/2009 12:36:31 PM:
I AGREE WITH NOJUSTICE! "NO MORE AUDITS, the legislators of Kansas know that there have been violations of state, federal and constitutional law. There have been many families that traveled to Topeka and have testified to the heinous crimes committed against them by SRS, Judges, Detectives, District Attorneys' ect. The citizens of Kansas have the right to an investigation into the unlawful acts committed by the child protection agencies, this doesn't just mean SRS, but law enforcement, judges, GAL's, foster care contractors, therapists, district attorneys, ect. NO MORE ABUSE BY THE SYSTEM, this includes Family Courts also, not just juvenile."


nojustice wrote on 9/6/2009 12:32:23 PM:
NO MORE AUDITS, the legislators of Kansas know that there have been violations of state, federal and constitutional law. There have been many families that traveled to Topeka and have testified to the heinous crimes committed against them by SRS, Judges, Detectives, District Attorneys' ect. The citizens of Kansas have the right to an investigation into the unlawful acts committed by the child protection agencies, this doesn't just mean SRS, but law enforcement, judges, GAL's, foster care contractors, therapists, district attorneys, ect. NO MORE ABUSE BY THE SYSTEM, this includes Family Courts also, not just juvenile.


nojustice wrote on 9/6/2009 12:26:21 PM:
Most citizens are probably NOT aware that the Kansas Attorney General represents the state, NOT THE CITIZENS. When it comes to child welfare, the Attorney General will be in court representing the SRS here in Kansas. Where does a parent go when violations of law have victimized a family by SRS, Judges, Detectives, District Attorney's, ect. When you have 100% proof that Kansas laws have been violated by certain organizations or persons, we as citizens should have a place to turn for help. Why do we have an Attorney General who is the top law enforcement in our state that is NOT willing to prosecute or work to remove a person in authority who has violated Kansas Statutes? Sure the A.G. will protect you if you are defrauded by a business, or if someone defrauds the state, but what about crimes committed against innocent families, why will the A.G. NOT protect the families of Kansas? I am not a person who has been victimized, but I am someone who has seen these violations.


nojustice wrote on 9/6/2009 12:19:10 PM:
There is no doubt that children are abused everyday in our country and right here in Sedgwick County, these children are the ones who should be priority, they are the ones who need protection. But on the other hand there are the children who have been wrongfully removed from the care of a protective parent, a parent who reported abuse of their child, the detectives, social workers, juvenile DA's, judges, GAL's, therapists, ect have violated the rights of the child/children and non-offending parents by NOT following the reasonable efforts federal law. Federal law requires that child welfare agencies make reasonable efforts to preventthe removal of a child from his or her home, to reunify families when it is necessary to remove a child.The beginning of foster care is determined as either the date of the first judicial finding that a child has been abused or neglected; or 60 days after the child is removed from home, whichever is earlier. Sedgwick county doesn't follow this law.


timeforchange wrote on 9/6/2009 12:10:33 PM:
Link below has Don Jordan's comments where he said the Sedgwick County DA bullied Social Workers to falsify documents to remove children. Jordan also said the 15 year ADA was willing to yell at them, cuss at them, scream at them to falsify records ...which nutjob ADA was Jordan referring to?http://www.youtube.com/watch?v=J2BhDnnC2x4


stehen_immer wrote on 9/6/2009 12:03:00 PM:
Defintion of distorted "facts"dis·tort (d-stôrt)To give a false or misleading account of; misrepresent.These verbs mean to alter the form or character of something, usually disadvantageously. To distort is to change the physical shape of something, as by torsion or exaggeration of certain features, or to misconstrue the meaning of something: To distort facts is to falsify or misrepresent. Violation of law.The question needs to be asked - why isn't someone being charged?


timeforchange wrote on 9/6/2009 12:00:29 PM:
The people of Kansas need to know that the AG will not prosecute violations of law against children who have been taken on falsified documents. Six doesn't care about children. Vote him out of office!!! Time for a Federal Law Suit against the AG, State, and other persons and departments involved.


stehen_immer wrote on 9/6/2009 11:53:45 AM:
Attorney General Six is the top law enforcement officer in the state of Kansas. He has a resposnsibility to the citizens of the state to investigate the Sedgwick County DA's office and prosecute for ANY violstions of law by her office.As far as SRS is concerned - the AG protects the state - if a citizen has a complaint for violations of law against SRS - the AG won't protect the rights of the people - he works for the state and SRS. Even though he is voted in by the citizens of kansas - he doesn't work for them except in violations of law by individuals like the Sedgwick County DA and any law enforcment officer that she fails to prosecute - which is her duty. If she doesn't she can be held accountable and removed by Quo Warranto.THAT IS THE AG'S RESPONSIBLITY - HOLDING KANSAS LAW ENFORCEMENT ACCOUNTABLE!!!!


TellTheTruth wrote on 9/6/2009 11:41:28 AM:
Three 1/2 years and the child is still in a hellish nightmare. Children do grow up and hopefully they will tell and heads will roll for what they have done to this child.


TellTheTruth wrote on 9/6/2009 11:39:33 AM:
Senator Schodorf, Even one child that has been abused by the system and code of silence in Wichita is too much. I know a small child who has been grossly abused by social workers, EMCU, WPD, a therapist, lawyers, a judge and guardian ad litum. The child was given to the father that the child told multiple people and all of the above about what Dad did. They swept it under the rug because of the Dad's money and prestige. They gave the child to a pedophile father. The protective mother was vilified and her character assasinated because she filed a complaint when the child told her the facts. Until there is a way to make the employees follow the law and penalize those who don't...they can do anything and get away with it.


timeforchange wrote on 9/6/2009 11:35:45 AM:
If Schodorf really cared about children she would be taking a stand against the people who are violating due process rights and not be asking for more training for Social Workers to deal with verbal abuse by the DA's offcie to falsify records.


nojustice wrote on 9/6/2009 11:04:16 AM:
Sedgwick County and all across Kansas are violating the rights of so many children and families, this audit that Senator Schodorf is talking about only touch a tip of the iceberg, there is so much more wrong with the child welfare system. The DA's and Courts are keeping children away from perfectly safe homes just to make a dollar off of the child/children. The child protection system MUST be reformed, too many abused children are being missed because the system is overloaded with cases of children who can safely live at home or with a relative, not in foster care. Most citizens have NO idea of what really goes on within the child protection system. So we must keep speaking out and keep speaking the truth, children are being abused by the very system who is suppose to protect.


timeforchange wrote on 9/6/2009 10:58:19 AM:
Schodorf said, "we need to ensure that all children are being served correctly in the legal system and that their safety is the top priority."The only way this is going to be accomplished is to prosecute the individuals who have falsified records and violated due process rights. STOP making excuses for the Sedgwick County DA's office and others involved.


nojustice wrote on 9/6/2009 10:56:36 AM:
So this means whoever has the child after 72 hrs had violated Kansas Statute 38-1528, like the Wichita Children's Home, foster homes, the farm, ect. The DA had the responsibility to ensure the child was not kept past 72 hrs.


nojustice wrote on 9/6/2009 10:54:49 AM:
K.S.A. 38-1528 old statute (statute was revised in 2006) our legislators made changes to clearly define the 72 hrs that sedgwick county has violated for years.(e) The shelter facility or other person designated by the court who has custody of the child pursuant to this section shall discharge the child not later than 72 hours following admission, excluding Saturdays, Sundays and legal holidays, unless a court has entered an order pertaining to temporary custody or release. (f) In absence of a court order to the contrary, the county or district attorney or the placing law enforcement agency shall have the authority to direct at any time the release of the child.


nojustice wrote on 9/6/2009 10:52:49 AM:
Senator Schodorf re: "In this case, we need to ensure that all children are being served correctly in the legal system and that their safety is the top priority". You are absolutely right about safety being top priority, but what about the violations of law committed by the DA's juvenile division, judges, guardian ad litems, ect. For years here in Sedgwick county parents and children were not receiving due process, and it still continues today, the statute stated that the child shall be released from custody no later than 72 hrs, NOT 144 hrs as so many children were kept before any hearing was held. This is a CLEAR violation of law, violation of due process, what are our legislators going to do about ALL the cases where a child/children were kept 144 hrs before a hearing was conducted. These cases all should null and void.


stehen_immer wrote on 9/6/2009 10:09:59 AM:
Senator Schodorf - In 2005 a Post legislative audit was done - "Several members of the Legislature's audit committee were disturbed by comments SRS staff made to auditors, which included: "SRS employees often are told to disregard state and federal regulations". Reported by By Tim Carpenter The Capital-Journal WHO TOLD THEM TO DISREGARD STATE AND FEDERAL REGULATIONS? If they do - there is no funding!!! Another poor Audit - that obviously wasn't fixed. Story by Scott Rothschild LJWorld - "The legislators focused on an anonymous survey of SRS employees, in which allegations were made that employees were told to disregard federal and state laws. And some noted they had been approached by SRS employees who feared if they went public with problems at the agency they would lose their jobs".That was covered up also - no reporting in the Wichita Eagle though - even though the majority of the problem was right here in Wichita.


stehen_immer wrote on 9/6/2009 9:56:26 AM:
Senator Schodorf re: "In this case, we need to ensure that all children are being served correctly in the legal system and that their safety is the top priority".What will you do if it is found that children AREN't being served correctly in the legal system and that their safety ISN'T the top priority?WILL YOU ASK FOR PROSECUTION OF THOSE INDIVIDUALS INVOLVED?re:"54 percent of case managers felt undue pressure to include facts regarding children-in-need-of-care cases".Quote from the audit regarding Wichita: Frequency of Social Workers' Opinions About Feeling Unduly Pressured by an Attorney To Include or Exclude Facts they Felt Distorted the Circumstances of a CINC Case. Exclude= 50% Include= 58%. The operative word here is "distorted" facts.How about "falsified" facts?Time for the cover-ups to stop!!! Time for the Post Legislative Audit committee to be disbanded due to the cost to the taxpayer for every audit that they do on the same problem with no resolution.