(Kansas City, KS)—Today, the Center for the Study of Social Policy (CSSP) released its annual report reviewing the State of Kansas and its contractors’ 2024 compliance with their commitments regarding services for youth in the foster system. While the State has made some improvements in services and outcomes for children in DCF custody, it continues to face workforce challenges and an urgent need to address placement instability.
“Although there have been improvements in placement stability in several of the regions, Region 7 (Sedgwick County) and Region 2 (Western Kansas) continue to have severe, if not worsening, placement problems,” said Teresa Woody, Litigation Director of Kansas Appleseed. “It is especially concerning that many of the children in these regions who lack stable placements are children as young as 2 years old.”
The report stems from the Settlement Agreement reached after the M.B. v. Howard class-action lawsuit was filed in November 2018 against officials in the Departments for Children and Families (DCF), Health and Environment (KDHE), and Aging and Disability Services (KDADS) on behalf of children in the foster system experiencing extreme placement instability and inadequate access to mental health resources. The agreement requires structural changes to significantly improve placement stability. The State is also required to provide foster youth with timely access to mental health care, ensure that crisis services are available statewide, and that placements are appropriate (p. 2).
CSSP is the independent organization tasked with reviewing and assessing the State’s performance in meeting its obligations as outlined in the M.B. v. Howard Settlement Agreement. This is the fourth neutral report and the first since two important developments took effect in 2024: new contracts for private Case Management Providers (p.40) and the initiation of a dispute resolution process outlined in Section 4 of the Agreement (p.4).
“The data contained in this report reflects a heartbreaking reality: that too many children in Kansas’s foster system sleep in a different bed every week or even every night, go without desperately needed mental health care, and lack consistent adult support because of high caseloads and staffing turnover,” said Kamala Buchanan-Williams, Attorney, National Center for Youth Law. “Kansas has a long way to go to meet the needs of all the children in its care.”
Among the plaintiffs’ legal team are Kansas Appleseed Center for Law and Justice, Kansas City attorney and Child Welfare Law Specialist Lori Burns-Bucklew, the National Center for Youth Law, and Children’s Rights.
While the CSSP report states that efforts were made in 2024 to improve services and outcomes for children in the State’s custody, the State has still not met most of the necessary outcomes. Many of the planned practice improvements have not been achieved within the required timeframe. Among the key findings for 2024:
- Kansas did not meet most of the requirements to improve placement stability for youth. More than 2,100 foster youth continue to have a “concerning number of nights without placement” and “inappropriate night-to-night and short-term placements” (p. 6-7). In 2024, 8,146 children were in the foster system. While 92% of them were in stable placement, 341 children experienced more than six placement moves, disrupting their lives and often causing them to be transported for long hours and with disruption to mental health service providers (p.7).
- Black children are overrepresented among youth experiencing placement instability (p.7), with the rate of placement moves for Black/African American children being almost 50% higher than it is for White children (p.48). Additionally, Black foster youth accounted for 20% of children in custody but 27% of youth who experienced night-to-night placements (p. 72).
- While Kansas did conduct timely initial mental health and trauma screens for 94% of children and expanded crisis intervention services, Kansas did not give one-third (34%) of children with an identified mental health need the appropriate services in 2024 (p.98). Providing appropriate services to only 66% of children falls short of the settlement goal of 90% (p.8).
- Kansas children continue to suffer a harmful cycle between placement instability and unmet behavioral and mental health needs. Frequent placement moves make it nearly impossible to coordinate consistent services, while the lack of stable, ongoing mental health care further destabilizes placements (p.9). Of the 34% of children with identified mental health needs who did not receive appropriate services, 18% didn’t receive services because, in part, they did not have a stable placement (p. 98).
- Kansas continues to struggle with workforce instability. High caseloads driven by staff turnover and difficulty hiring qualified case workers have left many relying on supervisors, family, or aides for support. The State lowered contractual caseload standards in 2024, but compliance remains low, with only two of Kansas’ five contracted Case Management Providers making progress toward meeting the new requirements (p.41-42).
“The report should be a wake-up call for anyone who cares about the well-being of children in Kansas. The number of children who lacked a placement in 2024 is almost double the number from 2023 and the highest since we started tracking the data,” said Leecia Welch, Deputy Legal Director, Children’s Rights. “ Each of these data points reflects a child whose life is in limbo — not knowing where she will sleep that night, missing school, and disconnected from family and friends.”
“There are significant differences in performance among contract agencies that handle placement stability for children and families on behalf of the state,” said Lori Burns-Bucklew, Attorney and Child Welfare Law Specialist. “We would like to see the State assist the underperformers in examining what works and what is hindering their success.”
To read the full report, click here.
More details about McIntyre v. Howard can be found here.
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About Kansas Appleseed: is a statewide organization that believes Kansans, working together, can build a state full of thriving, inclusive, and just communities. We conduct policy research and analysis and work with communities and partners to understand the root causes of problems and advocate for comprehensive solutions. For more information, please visit www.kansasappleseed.org.
About Lori Burns-Bucklew: Lori Burns-Bucklew is a Kansas City attorney in private practice. She graduated from the University of Missouri-Kansas City School of Law and began practice in 1984. An accredited Child Welfare Law Specialist, she has represented children and youth, as well as parents, grandparents, and other caregivers for children whose families are subjected to state intervention. She has served as
class counsel in several civil rights class action matters on behalf of children in state care.
The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transform our nation’s approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves. For more information, visit www.youthlaw.org.
About Children’s Rights: Children’s Rights is a national advocacy organization dedicated to improving the lives of children living in or impacted by America’s child welfare, immigration, juvenile legal, education, and healthcare systems. We use civil rights impact litigation, advocacy and policy expertise, and public education to hold governments accountable for keeping kids safe and healthy. Our work centers on creating lasting systemic change that will advance the rights of children for generations. For more information, please visit www.childrensrights.org.
