After the news of Zoey Felix’s death, Senate President Masterson and House Speaker Dan Hawkins called for the passage of a bill “to create an independent Office of the Child Advocate, to bring real accountability to the child welfare system.”
We urge them to use their leadership to ensure the Legislature accomplishes this when members return to Topeka in January.
The safety of our children is not a partisan issue. Republicans and Democrats alike support an Office of Child Advocate. Together, they must prioritize finalizing a bill, creating an independent office that will stand the test of time, providing rigorous oversight of administrations regardless of party affiliation and truly protecting Kansas kids.
We already have a model that works. In 2021, Gov. Laura Kelly established the Division of the Child Advocate by executive order. Kansas Appleseed was proud to stand beside her when she signed this order. Kelly took action because of the urgent need for independent oversight and accountability in the child welfare system.
However, establishing this division by executive order meant there were limits to how it would be set up and what powers it would be granted.
The child advocate receives complaints about the child welfare system, reviews Department for Children and Families policies and procedures, and serves as a resource to educate children and parents about their rights in the foster care system. This office is a valuable resource for children and families in Kansas.
Because the Division of the Child Advocate was created by executive order, it is subject to the whims of future administrations. For the child advocate to be permanent, the Legislature needs to pass a law — something members failed to do in 2021, 2022 and 2023, despite many promises in the press to make it happen. They can’t agree on where to house the office or what statutory authority the child advocate should possess.
Because the Division of the Child Advocate was created by executive order, it is subject to the whims of future administrations. For the child advocate to be permanent, the Legislature needs to pass a law
Over the years, many versions of the Office of the Child Advocate have been discussed in the Legislature. There have been proposals to house the office in the Office of Administration or the Office of the Attorney General.
There are concerns about placement in the Attorney General’s Office: One of this office’s primary responsibilities is to defend state agencies in court.
How independent can an office charged with oversight of DCF be if it is housed in the office charged with defending DCF in court? While investigations are something our state’s top law enforcement office is familiar with, do we want the Attorney General’s Office to have access to every substantiated and unsubstantiated complaint that flows into our child welfare system?
The goal is to be a trusted, independent resource for children and families. Placement in the Attorney General’s Office could give the perception that the child advocate is just an extension of law enforcement. Given the dynamics between law enforcement and some of the communities most profoundly affected by the child welfare system, this idea gives me pause. Trust in the independence of this office is of vital importance.
That isn’t the only disagreement that needs to be resolved in the debate around the Office of the Child Advocate.
We must also decide what powers are granted to this office — if it receives complaints, what can it do? If it investigates and find wrongdoing, what actions can it take? Does the office have subpoena powers to compel cooperation with its efforts? Other states have established similar institutions. Missouri’s Office of Child Advocate, which has long served as the template for the proposed office here in Kansas, can offer insights into how to do this effectively.
Finally, we must not forget that establishing independent oversight and accountability for our child welfare system is only one piece of the puzzle. While it is vitally important, access to mental health, behavioral health, and substance abuse services for kids and families, connected to systems or not, remains the most viable solution for actually right-sizing our foster care and youth justice systems. Until we do that, we will continue to struggle.
Adina Morse is Kansas Appleseed’s first-ever child welfare advocate. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.
