Kansas foster care will pay $1.25 million after a child was sexually assaulted in a contractor’s office

TOPEKA, Kansas — A court docket settlement Thursday would require the Kansas foster care system to pay $1.25 million after a toddler sleeping in a contractor’s workplace was sexually assaulted in 2018.

A foster youngster, known as D.D. in court docket paperwork, spent a month sleeping within the workplace of foster care contractor KVC Kansas earlier than the assault. The kid, who was 13 years previous on the time of the assault, was faraway from house because the state investigated allegations of kid abuse.

An 18-year-old with a historical past of sexual abusing others, reffered to M.H. in court docket paperwork, was put on the similar workplace, attorneys stated in court docket paperwork. KVC was understaffed and didn’t have sufficient folks to observe all the kids directly, and the sexual assault occurred whereas D.D. was left unattended.

KVC and DCF knew of M.H.’s previous and have been warned by household to not put the juvenile with different children, court docket paperwork present.

Mark Schloegel, a associate at Popham Regulation who represented D.D., stated each KVC and DCF blamed each other. KVC stated the foster care system was so unprepared that they had few choices whereas DCF stated they aren’t guilty for the contractor’s mistake. Attorneys for the sufferer argued each organizations are liable.

“Defendants DCF and KVC are liable for D.D.’s sexual assault and a failure of probably the most fundamental obligation underneath the federal and state legal guidelines and guidelines,” attorneys wrote in a court docket doc.

DCF declined to remark and KVC stated “the security and wellbeing of youngsters and households is at all times our highest precedence.”

The assault occurred in 2018 and a separate lawsuit settlement in 2020 was supposed to finish the observe of placing kids in places of work, nevertheless it hasn’t stopped. One increased wants youngster spent a month in state places of work as a result of there was no house to place them in, the Kansas Information Service reported.

Schloegel hopes this case will spur enhancements within the Kansas foster care system.

“These children, they do not have advocates, they do not have folks searching for his or her finest curiosity,” he stated. “I hope a case like this makes the state get up; makes these contractors get up. If you happen to can hit them within the pocketbook, they’ll change their behaviors.”

Blaise Mesa studies on felony justice and social companies for the Kansas Information Service in Topeka. You’ll be able to comply with him on Twitter @Blaise_Mesa or e-mail him at blaise@kcur.org.

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