Kansas Foster Care Watch: Lawmaker's Proposed Changes to Neglect Definition

by Jenny Lichte

Recently, Kansas lawmakers started to explore changing the legal definition of neglect for foster care. 

Proposed House Bill 2132 would change the word “failure” to “refusal” in state policies related to neglect. The word change aims to make it clear that children should not enter foster care because of poverty. For instance, instead of a family ‘failing’ to provide food to children, ‘refusing’ to provide food would be considered neglect.

Additionally, state law currently says a child can be removed from a home if there is harm or a likelihood of harm. The bill removes the “likelihood of harm” clause. 

As an advocate for children in the Kansas foster system, my thoughts on this proposed bill come in the form of questions. 

For instance, what does “refusal” exactly entail? What does “likelihood of harm” mean?

Without more specificity in language, social workers are hard pressed to make solid and consistent choices, especially considering that the position has a high turnover rate and each social worker has a high caseload. This often means that cases are determined without a relationship between the worker and the family, or even repeated visits.  

I understand and completely agree that poverty is not a reason to remove a child from his or her first home. I fully support all efforts to support the family and create an environment in which all can flourish. I’m not sure changing terms from ambiguous to ambiguous is the way to fix this problem.

📰 You can read more about the proposed bill in the Kansas Reflector and The Beacon.

Since 2014, Jenny Lichte has been an advocate for change in the foster care system, aiming to create a better future for our community, our children, and the caregivers who raise them. Jenny is the co-founder of Foster Village Northeast KS and serves as director of education and advocacy at the organization.

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