Kansas foster care contractor has begun review after sexual harassment lawsuit

Topeka — A Kansas foster care and family preservation contractor said it has begun an internal review of allegations raised in a federal lawsuit that one of its caseworkers sexually harassed and coerced a mother seeking to regain custody of her children.

St. Francis Community Services President and CEO Robert Smith described the allegations as “serious” in a statement released Friday, The Topeka Capital-Journal reported.

“The safety and security of all individuals served by Saint Francis is fundamental to our mission, and we strive continually to protect any individual entrusted to our care,” Smith said in the statement, which came after the organization initially declined to comment, citing an open investigation.

A Sedgwick County woman is suing St. Francis and a former male employee, accusing him of taking advantage of his authority to force her to send sexually charged messages and photos. The lawsuit, which was filed earlier this month, said the caseworker exploited the woman’s sadness and vulnerability after her children were removed from her home in 2014. The woman complied because she was afraid of permanently losing her children, according to the lawsuit.

The lawsuit also charges that St. Francis had received complaints about the caseworker and that chronic insufficient staffing led to inadequate supervision.

The Kansas Department for Children and Families Secretary said in a statement last week that Secretary Phyllis Gilmore spoke to the foster care contract leaders on Thursday and made clear that any concerns of misconduct regarding a staff member should be “taken seriously and immediately investigated.” The department, which oversees the state’s privatized foster care and family services system, isn’t named as a defendant in the lawsuit.

“Should these allegations prove to be true, they are disturbing, and the alleged conduct is completely unacceptable,” Gilmore said. “The Kansas Department for Children and Families has no tolerance for anyone taking advantage of vulnerable families.”

The Associated Press isn’t naming the caseworker because court records show he doesn’t face criminal charges in Sedgwick County District Court or Wichita municipal court. The AP also isn’t naming the woman who filed the lawsuit because she is the alleged victim of sexual harassment and declined an interview request through her attorney.

The lawsuit said the woman has suffered severe emotional distress that has caused mental and physical injury, challenging her sobriety and precipitating severe depression and anxiety, according to the lawsuit. The woman seeks $75,000 in damages.