Lawmakers approve, but delay, audit of child welfare agency

Rep. Jim Ward, D-Wichita, tells the Legislative Post Audit Committee that there are allegations that the Department for Children and Families engages in a systematic pattern of discriminating against gay and lesbian couples who want to adopt children or become foster parents.

? A legislative panel tentatively agreed Thursday to order a wide-ranging audit of the Department for Children and Families’ child welfare programs, including a review of allegations that the agency systematically discriminates against gay and lesbian couples when placing children in foster homes or with adoptive parents.

But the Legislative Post Audit Committee will wait until January, when the full Legislature is back in session, before deciding on a final statement regarding the scope of the audit and a schedule for when different parts of the audit will be completed.

“It is very frustrating because they could have taken the first step today,” said Rep. Jim Ward, D-Wichita, who requested an audit specifically about recent allegations of anti-gay discrimination.

Rep. Jim Ward, D-Wichita, tells the Legislative Post Audit Committee that there are allegations that the Department for Children and Families engages in a systematic pattern of discriminating against gay and lesbian couples who want to adopt children or become foster parents.

Ward presented the panel with a letter signed by no fewer than 13 Johnson County attorneys who also called for an audit of DCF.

“In recent days, concerns which have long been held by attorneys and personnel who work within this system have been brought to light,” the attorneys said in the letter. “Whether these claims are true or not, the specter of alleged wrongdoing by the Department (for) Children and Families now clouds cases which are already difficult enough.”

One of those cases involved a Topeka City Councilman, Jonathan Schumm, who was arrested in November, along with his wife, on charges of child abuse and neglect.

The Schumms had 16 children living with them in their small house, including four natural children, 10 adopted children and two foster children. One of those children, a 1-year-old, had recently been taken from a lesbian couple in Wichita who had cared for the child for all of its life.

Since that case came to light, previously sealed documents from another case in Johnson County have emerged in which a judge there castigated DCF and Secretary Phyllis Gilmore, for conducting what the judge called a “witch hunt” against a lesbian couple who were trying to adopt a child, “and made a concerted, purposeful effort to obtain negative information” about the women, “because they are homosexual women in a committed relationship with one another.”

DCF spokeswoman Theresa Freed, however, denied that the agency discriminates against gay and lesbian couples.

“We have no policy on same-sex couples,” she said in an email in response to questions after Thursday’s hearing. “Our priority is ensuring the best interest of the child.”

In July, Ward and Rep. Ed Trimmer, D-Winfield, asked for a separate audit of the foster care system in the wake of the deaths of children who’d been placed in foster homes. But the Post Audit Committee balked at that request at the time, agreeing only to put the request “in the hopper,” which meant there would be no immediate action.

Committee members said at the time that there were other audits already underway, or soon to be started, including an audit of the agency’s privatized child support enforcement program.

But at Thursday’s hearing, Republicans on the panel seemed willing to take on the allegations of anti-gay discrimination, but they wanted that done as part of a much broader audit of the entire agency, including the foster care and child support enforcement programs.

“I’m a little bit concerned that if we look at only what’s in this (Ward’s proposed) scope statement, that comes back, and whatever that audit covers, we move on and we don’t look at the other areas that are equally or more important,” said Sen. Jeff Longbine, R-Emporia.

Sen. Michael O’Donnell, R-Wichita, agreed, saying: “I think we need to be addressing all the issues that we continue to hear about DCF and see if they’re legitimate or if they’re unfounded. But I think we need to be focusing on a systemic issue and not just anecdotal issues that we continue to hear about.”

Committee Chairman Rep. John Barker, R-Salina, agreed to appoint a subcommittee to work over the next month to develop a detailed scope statement spelling out exactly what areas will be covered by the audit and a schedule for when each section is to be completed.

But the decision to wait until January before finalizing the audit request disappointed gay rights activists in Kansas.

“Equality Kansas is disappointed in today’s latest delay in holding the Department (for) Children and Families accountable for discrimination and harassment of lesbian and gay couples,” said Tom Witt, executive director of that group and a member of the Kansas Democratic Party’s executive committee. “We are calling for a full, complete investigation into DCF placement practices. It’s time to be accountable to the people of Kansas, and stop hiding behind arcane audit and committee procedures.”