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.