Changing Kansas

Keen Umbehr for Kansas Governor

2014-08-17T09:31:00.000-05:00

http://www.kansas.com/news/politics-government/article1239165.html

Keen Umbehr running to promote fair tax legislation, government transparency

By Bryan Lowry
Eagle Topeka bureau

TOPEKA

The Libertarian candidate for Kansas governor transformed himself from trash collector to crusading attorney after battling for his own right to free speech before the U.S. Supreme Court, a case he won.
He’s hoping he can defy the odds again and pull off a victory in November against Gov. Sam Brownback and Democrat challenger Paul Davis.
Keen Umbehr had a trash-hauling contract with Wabaunsee County, but the county commissioners terminated his contract after Umbehr criticized them in the local newspaper. Umbehr filed suit, alleging that his First Amendment rights had been violated, and the case eventually went to the U.S. Supreme Court.
In 1996 the court sided with Umbehr in a 7-2 decision that affirmed that private contractors working for the government are entitled to the same free speech rights as government employees.

“We had a lot of opportunities to settle,” Umbehr said. “But I’m not the settling kind of guy. And it worked out well for us because we got a great ruling.”
The experience inspired him to sell his trash-hauling business and pursue a career as an attorney, earning his law degree from Washburn University in 2005.
“When … my oldest son started going to college, I thought, ‘Man I have got to get to college.’ I went to K-State, studied political science and went onto Washburn Law to become a lawyer. And I’m a lawyer.”
His running mate is his son, Josh Umbehr, a physician who lives in Wichita. The younger Umbehr, the second of four sons, roomed with his father while they both attended K-State.
Josh Umbehr recounted that during his legal battles with the county, his dad used to take his teenage sons with him to the Washburn Law library fresh off a shift on the trash truck.

“We’d park the trash truck right there in the parking lot, we’d do our homework and dad, with the help of the librarian, taught himself how to do legal research,” he said. “It was very interesting that, ‘Hey, a trashman can be a lawyer.’
“I think we grew up with a different idea of what normal was. And in our house it was pretty normal to bust the system.”

Fair tax law

If he pulls off a long shot victory, Keen Umbehr said he would demand passage of fair tax legislation.
Umbehr said it was immoral for a wage earner to pay income tax, while sole proprietors, such as himself, do not have to pay income tax on their businesses. He would eliminate the income tax completely and replace it with a 5.7 percent consumption tax on goods and services.

“They have to equalize the tax code for everybody, A to Z, all at once. And failure to do that, I will veto every single piece of legislation they bring me until they fix this,” he said. “Because this is the most insidious. This makes 1.4 million W-2 wage earners the tax slaves of the state of Kansas.”
Umbehr accused House Speaker Ray Merrick, R-Stilwell, of preventing fair tax legislation from going to the House floor. Merrick responded with an e-mailed statement.
“It is easy to stand on the outside and make outlandish claims when you don't even attempt to understand the entire story,” Merrick’s statement said. “There have been hearings on the Fair Tax in the House and it has failed to receive enough support.
“However, as I have repeatedly told supporters of the Fair Tax, just like any other bill, if it is the will of at least 63 members I would not stand in the way.”
Until August 2013, Umbehr said he was registered as a Republican.
“I was so frustrated with the Republican Party,” he said. “They wanted my time. They wanted my money. But they didn’t want my opinion on anything.”
He began researching the Libertarian Party, which seemed to be a better fit and considers himself a “conservative Libertarian.”
Umbehr criticized House Republicans for supporting a bill that would have allowed public and private employees to refuse service to same-sex couples on religious grounds.
“This piece of legislation is based upon the religious tenet that homosexuality is bad, bad, bad … It was used to whip up well-meaning Christian people who don't have all the facts, who say, ‘Well, we should protect our religious values.’
“Well, you don’t protect religious values by making a law. You can’t make any law that inhibits or advances a religious tenet. And that’s what this is.”
On education, Umbehr said that there should be more school choice in Kansas and that state money should travel with a student whether they attend public or private school.
He breaks from some Libertarians on the issue of marijuana. He believes it should not be legalized for recreational use, but would support legalization for medical purposes.

More transparency

In addition to his Supreme Court battle, Umbehr has tangled with the Kansas Department of Corrections and won.
He represented a female inmate at the Topeka Correctional Facility who was impregnated by a guard after an alleged rape incident and was made to have an abortion, she claimed, against her will.
In 2009 Umbehr brought Tim Carpenter, a reporter with the Topeka Capital-Journal, along with him to interview clients at the prison. The resulting articles exposed sexual abuse of female prisoners by guards and prompted an investigation of the facility by the U.S. Department of Justice.
The stories also helped push the state to elevate the offense of a guard having sex with an inmate to a felony with a presumptive prison sentence.
The stories also prompted Charles Simmons, the deputy secretary of corrections, to bring a misconduct complaint against Umbehr with the state’s disciplinary review board, alleging that Umbehr had misrepresented Carpenter as a legal assistant.
“The Deputy Secretary of Corrections filed a complaint against Keen to try and ruin his legal career,” said Carpenter, who said he was interviewed multiple times by the disciplinary review board. “And they kept wanting Keen to plead to a lesser (charge), and I’d say very courageously he refused.
“He was very aggressive in pursuing justice, according to him. And in the end, he was completely exonerated. Completely.”
The Department of Corrections declined to comment on the controversy.
One of Umbehr’s key issues is greater government transparency.
“We’re all for transparency until we’ve got some bad information to get out,” Umbehr said of state officials.
He said he would like to create an ombudsman’s office that would be charged to investigate grievances against the state government. He also believes that the state should conduct its own investigation of fraud charges levied against Kansas by the federal Securities and Exchange Commission for misrepresenting the state’s pension liabilities in 2009 and 2010.
The state conceded to the charges without admitting wrongdoing and has instituted new transparency measures. But Umbehr thinks that Brownback, who took office after the incidents took place, should pursue a state investigation and bring charges against the former officials responsible.
“Why didn’t Brownback call for a top-to-bottom investigation of that? Well, because he’s still the benefactor of these bonds,” Umbehr said. “We misrepresented the strength of our state in order to sell $275 million of bonds. This is Watergate stuff!”
The Brownback campaign declined to respond to Umbehr’s criticism.

‘Compelling story’

Bob Beatty, a political science professor at Washburn University, said that Umbehr’s story – a trash collector who fights all the way to the Supreme Court and wins – could appeal to some voters who are tired of Brownback but unsure about Davis.
“It’s a very compelling story,” Beatty said. “And it’s different than your average third-party candidate. I think there’s a lot of appeal here.”
The challenge, Beatty said, will be getting his message out with limited resources – the Umbehr campaign raised less than $20,000 between January and July – and less media attention than the Republican and Democratic candidates.
Umbehr said his strategy is simple: tell the truth.
“I don’t have to worry about myself because the truth is the truth,” he said.
Chapman Rackaway, a professor of political science at Fort Hays State University, said that Umbehr could potentially draw supporters away from both Brownback and Davis.
“If Umbehr outperforms your typical Libertarian candidate he could end up being the difference between winning and losing for the other two candidates,” Rackaway said.
“You could certainly see him brokering an election. We’re not talking about him winning. But could he play a significant role in this election? Absolutely.”
If Umbehr earns 5 percent of the vote, Libertarians will be added to the primary ballot, which Rackaway said would be a victory for Umbehr.
Umbehr thinks he can get 35 percent of the vote, with Davis and Brownback splitting the rest.

Reach Bryan Lowry at 785-296-3006 or blowry@wichitaeagle.com. Follow him on Twitter: @BryanLowry3.

Read more here: http://www.kansas.com/news/politics-government/article1239165.html#storylink=cpy

MSN News: Police: TV show reminded man that girl was in car

2014-08-04T21:55:00.000-05:00

http://news.msn.com/crime-justice/police-tv-show-reminded-man-that-girl-was-in-car

WICHITA, Kan. (AP) — A child crying on the television show "Game of Thrones" jogged a foster parent's memory that he had left a 10-month-old girl inside a sweltering car while he and his partner smoked marijuana at their house, a police affidavit released Monday says.

Seth Jackson, 29, is charged with first-degree murder in the July 24 death in Wichita. No charges have been filed against his partner.
Police say the girl was inside the car with the windows up for more than two hours. It was around 90 degrees outside. An autopsy showed she died of hyperthermia due to heat exposure.
The affidavit says Jackson's partner told police that Jackson called that day to let him know he would be picking the 10-month-old up from the baby sitter after taking their 5-year-old adopted child to a doctor's appointment. Jackson told police that when he arrived home, he locked the car and went inside with his 5-year-old and the pizza.
Jackson's partner said he and Jackson watched one and a half episodes of "Games of Thrones" and smoked marijuana Jackson had picked up that day, according to the affidavit. The partner told police Jackson realized he had left the 10-month-old outside in the car when he heard a child crying on the TV show.
The men rushed outside, Jackson unlocked the vehicle and his partner removed the child.
The partner told investigators the girl was hot and stiff when he grabbed her from the car and carried her into the house. As he called 911, Jackson attempted CPR but could not get the child's mouth open, according to the affidavit filed by Wichita police detective Ryan Schomaker.
Officers who responded found Jackson still on the phone when they arrived, making calls and repeatedly stating, "I left her in the car, she's dead, she's dead," according to the affidavit.
Meanwhile, the girl was unresponsive and lying on her back on the couch. Firefighters moved the girl from the couch to the floor once they arrived and attempted to revive her.
Later in an interview at police headquarters, Jackson's partner told detectives he and Jackson had been foster parents to the 10-month-old girl since she was 2 weeks old. Police have not released the child's name and documents in the case only use her initials.
Although the girl died of hyperthermia, Sedgwick County District Attorney Marc Bennett said the first-degree murder charge was warranted because the child died during the commission of an inherently dangerous felony, aggravated endangering of a child. The case is not charged as intentional murder.
In addition to the 10-month-old, who they were trying to adopt, Jackson and his partner had five other children in their care. They had three other foster children ages 3, 5 and 18, and two adopted children ages 5 and 7. The two younger foster children were visiting other relatives at the time the 10-month-old died.
Prosecutors and Jackson's attorneys agree the circumstances are entirely different than a widely publicized case in Georgia, where a father faces murder and child cruelty charges on suspicion of intentionally leaving a 22-month-old boy inside a hot car last month as he went to work.

Affidavit: Both Wichita foster parents smoking pot while baby in hot car

2014-08-04T21:50:00.000-05:00

http://www.kansas.com/2014/08/04/3581618/affidavit-both-wichita-foster.html#emlnl=Afternoon_Headlines_Newsletter

By Tim Potter

The Wichita Eagle

Both foster parents of a 10-month-old girl who died after being left in a hot car were smoking marijuana while she remained in the vehicle outside, a Wichita police affidavit says.
The affidavit, filed in Sedgwick County District Court and released Monday, provides new details about what led up to the July 24 death, including that one of the foster parents realized that the baby remained in the car when he heard a baby crying on a television show they were watching.
They rushed outside, but her body was hot and already stiff, and she was unresponsive, the court document says.
Seth Jackson, 29, the parent who left the girl in the car according to police, has been charged with first-degree murder. The affidavit spells out the alleged facts upon which authorities are basing their prosecution of Jackson.
The affidavit, signed by homicide unit Detective Ryan Schomaker, gives this narrative: At about 6:41 p.m. July 24, officers were dispatched to an unknown call for police and arrived at 1525 S. Topeka and were let into the home by the other foster parent, identified in the affidavit by his initials. An officer saw Jackson on the telephone and the baby, identified as K.P.J., lying on her back on the couch and not breathing.
Wichita fire personnel arrived and moved the baby to the floor to use lifesaving techniques.
The other foster parent told the officer that he estimated that the baby had been left in the car about two hours. The other parent said he ran to the Dodge Charger, parked on the street, and found the baby in the back passenger seat and took her inside, where “they tried performing CPR but could not get her mouth open,” the affidavit says.
Another officer arrived and saw Jackson standing in the front yard. Jackson made about four phone calls and said, “I left her in the car, she’s dead, she’s dead.” Jackson told the officer that he had gotten home after getting the girl from the baby sitter in his silver Dodge Charger and picking up pizza, that when he arrived home, he locked the car and went inside with the pizza and a 5-year-old child, the affidavit says.
Jackson told the officer that after about two hours, he realized the baby had remained in the car, the document says. He and the other parent ran together to the car and carried the child inside.
Schomaker and Detective Robert Chisholm interviewed the other foster parent at police offices at City Hall and found out that he and Jackson had been foster parents to the baby since she was 2 weeks old. They also learned, according to the affidavit, that Jackson had taken a 5-year-old child to a doctor’s appointment scheduled for 2:30 p.m. that day. Jackson called the other parent at about 3:30 and told how the appointment went. Jackson told the other parent he was going to pick up the 10-month-old from the baby sitter and drive home, the affidavit says.
The other parent told the detectives that he had been working in the backyard and went inside, where he found Jackson. It was 4 to 4:15 p.m., and the other parent said he thought Jackson had just gotten home. They decided on leftover pizza for dinner and went into their room on the main floor and watched one and a half episodes of “Game of Thrones.”
The other parent told one of the detectives that “they smoked marijuana that Seth (Jackson) had picked up that day,” the affidavit says.
When watching the show, the other parent said, Jackson heard “a child crying on the television show and that is when Seth realized that K.P.J. was still inside the vehicle.” The other parent ran to the car as Jackson unlocked it from the front porch, reached in and unbuckled the baby from a rear car seat, the affidavit says.
The other parent said the girl “was hot to the touch and stiff when he grabbed her,” the document says. The 10-month-old was unresponsive. He called 911 while Jackson tried to do CPR.
A coroner’s official who did an autopsy on the girl listed the cause of death as “hyperthermia due to environmental heat exposure due to enclosure inside a vehicle outdoors,” the affidavit says.

Reach Tim Potter at 316-268-6684 or tpotter@wichitaeagle.com.

Read more here: http://www.kansas.com/2014/08/04/3581618/affidavit-both-wichita-foster.html#emlnl=Afternoon_Headlines_Newsletter#storylink=cpy

DA: Foster father using marijuana when baby left in car

2014-08-01T16:35:00.000-05:00

http://www.kansas.com/2014/08/01/3577493/da-foster-father-using-marijuana.html#emlnl=Afternoon_Headlines_Newsletter

Why doesn't the State do drug testing on foster placements??

Seth Jackson

By Tim Potter

The Wichita Eagle

The foster father charged with first-degree murder in the death of a 10-month-old girl who had been left in a hot car had been consuming marijuana earlier that day and went into the home to use more when he left her, District Attorney Marc Bennett said.
The disclosure came at a court hearing Friday afternoon in which Seth Jackson’s attorneys were seeking to modify his bond.
In giving some background for how prosecutors have approached the case, Bennett said that on the day of the child’s death, Jackson allegedly had been using marijuana in the morning and ran out.
Jackson had been transporting a 5-year-old and the 10-month-old. He allegedly went to a drug dealer’s house and bought more of the drug and went into the house to consume more marijuana, Bennett said.
Prosecutors believe Jackson was getting high during the 2 1/2 hours that the baby remained in the car, Bennett said.
Jackson, 29, was charged with first-degree murder Wednesday. The count alleges the girl’s death occurred within the commission of an inherently dangerous felony, according to the criminal complaint filed against him. The underlying crime alleged is aggravated endangerment of a child. The endangerment allegation means recklessly causing or permitting a child to be in a situation where his or her life is in danger, Bennett said Wednesday.
Also Friday, Judge Dave Dahl agreed to modify the conditions of Jackson’s $250,000 bond. The modification means basically that Jackson would have to pay a bondsman $5,000 instead of $25,000 to get out of jail.
Dahl also ruled that on or before Aug. 7, he would decide whether to release an affidavit that might provide more information about the allegations. The document, known as a probable cause affidavit, requires authorities to provide enough information justifying their case against a person. Neither the prosecutors nor the defense attorneys objected to the release of the full contents of the document.

Reach Tim Potter at 316-268-6684 or tpotter@wichitaeagle.com.

Foster Child dies after being left in car in south Wichita

2014-07-27T08:40:00.001-05:00

Foster Child dies after being left in car in south Wichita http://www.kansas.com/2014/07/24/3567161/child-dies-after-being-left-in.html One arrested after baby dies in hot car in S. Wichita http://www.kwch.com/news/local-news/baby-dies-in-hot-car-in-south-wichita/27139842 Wichita Foster Dad of Baby Who Died in Hot Car 'Wants to Die' http://www.nbcnews.com/storyline/hot-cars-and-kids/wichita-foster-dad-baby-who-died-hot-car-wants-die-n164706 Police, state conducting own investigations into child’s death in hot car http://www.kansas.com/2014/07/25/3567640/child-who-died-was-in-car-during.html#storylink=cpy Ten-month-old girl dies after being left in a hot car in Wichita http://www.washingtonpost.com/news/post-nation/wp/2014/07/25/ten-month-old-girl-dies-after-being-left-in-a-hot-car-in-wichita/

CJOnline, Child abuse reports, foster care placements rising in state, More children in state custody despite high standard for substantiating abuse claims,

2014-07-27T08:30:00.002-05:00

http://cjonline.com/news/2014-07-26/child-abuse-reports-foster-care-placements-rising-state More children in state custody despite high standard for substantiating abuse claims, Posted: July 26, 2014 - 2:47pm By Andy Marso andy.marso@cjonline.com The number of children in state custody has risen to record levels in Kansas, correlating with a rising number of child abuse and neglect complaints. As of the beginning of June there were about 7,000 children in the custody of the Kansas Department for Children and Families, including 6,168 in out-of-home foster care placement. Bruce Linhos, executive director of the Kansas Children's Alliance, said it is a higher number than ever before and child advocates, social workers and government officials are struggling to pinpoint a cause. “There’s been a lot of discussion, and I don’t think anybody’s come up with any great answers about why the number is growing,” Linhos said. An in-depth report by the Kansas Health Institute in June included some advocates saying that state policies arestraining and stressing poor families, while a DCF spokeswoman attributed the increase to heightened awareness and reporting of child abuse and neglect. The state is investigating more abuse and neglect claims compared with five years ago and the percentage of those claims that results in a "substantiated" finding is ticking up. But the vast majority remain "unsubstantiated." In Fiscal Year 2009 the state investigated 26,543 child-in-need-of-care complaints and 94.8 percent were found "unsubstantiated." In FY 2013 the Department for Children and Families investigated 32,130 complaints and 93.5 percent were unsubstantiated. Through the first 11 months of FY 2014, the department had assigned 33,052 complaints for investigation. Of those, 29,946 had been declared unsubstantiated and 1,828 had been substantiated. The remaining 1,278 complaints are still open. Substantiated claims are passed to local county and district attorneys, who decide whether to file a child-in-need-of-care petition with the court. Only judges can decide whether custody of the child in question should be granted to DCF or another person. As part of a series of reports on child abuse, the Wichita Eagle in June outlined a court case in which a 14-year-old girl who weighed 66 pounds was removed from her home after nine reports of neglect and abuse, eight of which were determined unsubstantiated. A prosecutor in Sedgwick County, where reports of child abuse and neglect have risen by more than 25 percent in the past five years to over 12,000 a year, told the Eagle his office is sometimes shocked by the number of unsubstantiated complaints in a child's past by the time a case is referred. Lee McGowan, a spokesman for the Shawnee County District Attorney's Office, said that's familiar to local prosecutors. "Our office concurs that it is sometimes surprising at how many previous reports may have been made before a case ever reaches our office," McGowan said via email. McGowan said he also agreed with his counterparts in Sedgwick County that there is sometimes a difference in philosophy between prosecutors, whose "focus is always on safety of the child first and foremost" and social workers, whose approach "may well be to try to keep the child in the home." "That is not to say, however, that safety is not a priority for the social workers," McGowan said. Ron Nelson, a prominent family law attorney in Lenexa, said it is no surprise that more than 90 percent of abuse and neglect complaints are determined unsubstantiated. To substantiate a complaint, state law requires "clear and convincing evidence," which Nelson called a "very high standard." "It is a standard that requires more than a belief that something occurred or that the person who is alleged to have committed the abuse or neglect is the one who committed it," Nelson said. "It is more than that there is some indication that something occurred or that the person alleged to have committed it performed the act. It is less than 'beyond a reasonable doubt.'" Nelson also said that the list of those whose professions require them to report suspected abuse and neglect is long, and reports may be made "out of an abundance of caution." Theresa Freed, a spokeswoman for the Department of Children and Families, said a substantiated claim is not necessary to temporarily remove a child from a dangerous situation. "The rate of removal is much higher than the rate of substantiating," Freed said. The process of removal has been under increased scrutiny recently as well. Craig Gabel, the president of a Wichita-based conservative group called Kansans for Liberty, last year proposed cutting DCF's funding if the agency does not meet family reunification goals. "In my opinion, the worst family in the world is better for a child than the best foster home," Gabel said at the time. During the 2014 session a member of Gabel's group teamed up with other disaffected parents to lobby for changing the state law that instructs courts to act "in the best interests of the child" to one that instructs them to choose the "least detrimental alternative for the child." The measure, House Bill 2450, died in committee. Linhos said that in addition to promoting family reunification, Kansans should also be working toward greater adoption rates so children aren't aging out of the foster care system and trying to prevent abuse and neglect from occurring in the first place. He touted programs like Topeka's Safe Families for Children that help families manage crises before they become damaging to children. “Those kind of very front end, early interventions are the kind of things I think the system has really struggled to kind of be able to address," Linhos said. "In my mind, those are the kind of hopeful things where we really are able to get the people assistance prior to getting to the point of abuse or neglect.” Andy Marso can be reached at Capital: (785) 233-7470; Office: (785) 295-5619 or andy.marso@cjonline.com. Follow Andy on Twitter @andymarso.

The Stealing of American Children

2014-03-04T21:39:00.000-06:00

Where Is Adam Herrman? $50,000 reward offered in Butler County disappearance of 11-year-old Adam Herrman

2013-12-20T21:59:00.001-06:00

December 20

BY AMY RENEE LEIKER

The Wichita Eagle

EL DORADO — A $50,000 cash reward is being offered for information leading to an arrest and conviction in the disappearance of a Towanda boy in 1999, Butler County Sheriff Kelly Herzet announced Friday.

The reward is being posted by an anonymous donor who “would like to see some closure for the family” of Adam Joseph Herrman, Herzet said at a news conference in El Dorado.

Adam was 11 when he went missing, but authorities didn’t learn he had vanished until late 2008, when his older, adoptive sister shared concerns about him with law enforcement.

The boy’s adoptive parents, Doug and Valerie Herrman, did not report him missing. They later were declared suspects in the case by the county’s chief prosecutor, Jan Satterfield, who said the investigation could result in first-degree felony murder charges.

As of Friday, though, Adam’s whereabouts remain unknown to authorities. The last tip, Herzet said, came in months ago.

Adam would be 26 now.

“We’ve not had any contact with anyone who’s called and said, ‘Hey I’m Adam Joseph Herrman. I want to come talk to you,’” Herzet said. “It’s an open case here in Butler County, and we’re still trying to get to where we need to be to on getting some closure – finding him, his whereabouts, his remains, whatever it may be.”

He called the case “very frustrating.”

“We’re hoping with a reward, this might make somebody call.”

Anyone with information about Adam Herrman is asked to call the Butler County Sheriff’s Office at 316-322-4257 or 866-484-5924 or El Dorado Crime Stoppers at 316-321-1080.

Tipsters also can contact the National Center for Missing and Exploited Children’s hotline at 800-THE-LOST (843-5678).

Doug and Valerie Herrman have not faced charges connected to Adam’s disappearance. They claim he ran away from the family’s Towanda trailer home after Valerie spanked him one night.

The couple have said they did not report him missing out of fear they would lose custody of their other children.

Relatives have said that the Herrmans told family that Adam, a home-schooled child, had been returned to state custody.

After learning of the disappearance, authorities dug for Adam’s body in the Towanda mobile home park where he’d lived but turned up nothing. A search of nearby wooded areas also yielded no clues.

In 2011, Doug and Valerie Herrman pleaded guilty to felony theft for continuing to accept a state subsidy to help them care for their adoptive son after he vanished. They were ordered to pay $15,488 in restitution — the amount they pleaded guilty to wrongly accepting — and a fine of $2,500 each.

The couple received the $700 monthly subsidy until Adam’s 18th birthday, in 2005.

Butler County District Judge David A. Ricke also ordered Doug Herrman to serve nine months in prison for the theft and gave Valerie Herrman a seven-month prison term.

Herzet, who was the lead investigator on the case before becoming sheriff that year, said at the time that he was “focused on working this case as a homicide.”

“The Herrmans still are, in my eyes, suspects,” he said in 2011, “and we’re going to continue to work the case as the leads come in, and I hope we can resolve the case in the very near future and arrests are made.”

On Friday, he echoed similar resolve.

“A lot of my detectives have pictures of Adam hanging in their office. He’s not going to go away, and the case isn’t going to go away.

“ ... Every time we get a lead or something comes up, one of the detectives assigned to the case jumps right on it, and we follow it through to the very end.”

Contributing: Tim Potter of The Eagle.

Read more here: http://www.kansascity.com/2013/12/20/4704909/butler-county-sheriff-expected.html#storylink=cpy

Read more here: http://www.kansascity.com/2013/12/20/4704909/butler-county-sheriff-expected.html#storylink=cpy

Brandon Blackmon, Court: Man deserves trial over use of restraints

2013-11-09T09:02:00.002-06:00

Link to the lawsuit

http://www.gpo.gov/fdsys/pkg/USCOURTS-ksd-6_05-cv-01029/pdf/USCOURTS-ksd-6_05-cv-01029-3.pdf

"The court noted that the Supreme Court had held that the Fourteenth Amendment's guarantee of due process prohibits any punishment of presumptively innocent individuals awaiting trial. It said there is "ample evidence" in the case that the defendants at least sometimes used the chair to punish the boy"...."The problem is that the evidence also suggests that the boy was shackled to the chair for long stretches when there was no hint he posed a threat of harming himself or anyone else, according to the decision. On one occasion the boy was stripped out of his clothes and forced to wear a paper gown while restrained in the chair."

Previous lawsuit

Kansas Reaches Settlement to Pay for CPS Abuse $875,000 "The Rev. Thomas Campbell, former vice president at St. Francis, predicted Blackmon “would be 'fresh meat’ and the 'target of sexual predators,’” court records say."http://kscpsabuselawsuit.blogspot.com/2009/07/state-agrees-to-pay-875k.html

State agrees to pay $875K "Blackmon, 23, alleged his civil rights were violated by SRS employees who had him sent to a residential facility serving adolescent male juveniles convicted of sex crimes. He also asserted SRS didn’t respond appropriately to abuse he suffered at the center." http://cjonline.com/news/state/2009-07-07/state_agrees_to_pay_875k

So What?? Judge Henderson wants the State to review adoption recommendations

2013-11-05T18:01:00.001-06:00

Are people really that gullible to believe this story? http://www.kansas.com/2013/11/04/3097090/judge-asks-state-to-review-some.html#emlnl=Morning_Headlines_Newsletter

This looks more like a cover up as the state will investigate itself, it's contractors, the DA's who prosecute the cases for the state and the Judges. Does anyone really expect the state to find wrong doing? After all the state would then be liable.

What about Judge Henderson?

Let's not forget the mother that was jailed and her child who was shackled

http://bhazenwasjailedmotherinsedgwickcounty.blogspot.com/

The family that filed a complaint against Judge Henderson

http://taoprotectchildreninks.blogspot.com/2013/06/complaint-against-judge.html

Daniel Gilyeat vs Wyandotte County Unified Government

2013-10-30T22:20:00.000-05:00

Kansas Marine Hero Loses Children To CPS

Kansas Foster Care IS Rampant With Secrecy, CoverUPS, Forced Illegal Services

2013-10-27T10:34:00.000-05:00

Per the article below, SRS/DCF wants families who have complaints about Faith Builders to contact the State. I would contact Rick Plumlee at 316-268-6660 or rplumlee@wichitaeagle.com. Follow him on Twitter: @rickplumlee.

Can you really have faith in a system that falsifies records to steal children? Are you concerned that the State files allegations against parents to remove children, then places the children in State custody with an agency with no oversight? ""Gilmore she said that DCF doesn’t have a contract with Faith Builders. DCF contracts with St. Francis in the Wichita region to provide foster care and family preservation services, she said. St. Francis contracts with DCCCA, a Lawrence-based organization, which works directly with Faith Builders, she said.""

Does anyone really believe that SRS Secretary Phyllis Gilmore is going to do something about violations of children and parental rights when she was over the KSBSRB and refused to investigate social workers when parents and families made complaints to the KSBSRB? http://changingkansas.blogspot.com/2012/02/phyllis-gilmore-secretary-of-srscps-is.html

What about these legislators who have known about these issues and have done nothing to help children and families? Our State lawmakers have written laws that give immunity to State workers with no consequences for violations of law by these individuals. When Don Jordan was the SRS Secretary he was recorded in a closed meeting stating that the Sedgwick County DA Nola Foulston's office bullied social workers to alter records to place children in foster care. The State did an audit, found this to be true, then dropped the ball. What was the purpose of the audit and multiple hearings over the years except to cost the tax payers money and fund the legislators retirements.

As for Brownback, he made promises to improve the foster care system and failed. Under his watch, more children are being removed from their parents custody each year that he has been in office. At this point, anyone would be a better option than Brownback.

2008 March 18, 2008, SRS Secretary Don Jordan said the Social Workers were bullied into falsifying records: "But in Sedgwick County oftentimes we end up writing things because it's what our social workers get bullied by the district attorney's office ( Sedgwick County) into writing. So they really have no belief in what it says." "The reality comes down to, you send a 25-year-old social worker into a room with a 15-year county ADA who is willing to yell at them, cuss at them, scream at them and threaten them," Jordan said. Don Jordan said, “I am working on our staff that we do our assessments properly and we not get bullied into writing things we don’t believe” http://www.youtube.com/watch?v=J2BhDnnC2x4
Jun. 08, 2008, Concerns arise over SRS files' validity, BY TIM POTTER, The Wichita Eagle ""For years, some families have complained that court documents filed by social workers that result in children being removed from the home have contained false or fabricated information. " Now, some say they have proof. The head of the state's child welfare agency was recorded in a meeting with a family advocacy group saying that Sedgwick County prosecutors have "bullied" social workers into putting information they don't agree with in affidavits....But critics of the state child custody system and some legislators say the remarks by Don Jordan, secretary of the Kansas Department of Social and Rehabilitation Services, raise questions about the affidavits' validity. "" http://groups.google.com/group/alt.support.child-protective-services/browse_thread/thread/3db7b9c96116196d/8ae03d3a4852077d?lnk=gst&q=nancy+berry#8ae03d3a4852077d
Child removal inquiry's focus Posted: Friday, October 31, 2008 The Legislative Post Audit Committee last month approved the SRS probe after statements by SRS Secretary Don Jordan that the Sedgwick County prosecutors "bullied" social workers to put things in affidavits that they didn't truly believe. Jordan since has backed off those statements, and Sedgwick County District Attorney Nola Foulston has denied the accusation. But lawmakers still pushed for an investigation — saying they had heard such allegations even before Jordan's widely publicized statements. Senator Schodorf said she asked for the audit after Kansas Attorney General Stephen Six declined to investigate, citing Jordan’s retraction of his statements. http://cjonline.com/stories/103108/kan_350202188.shtml

For the current story, read more here: http://www.kansas.com/2013/10/24/3076954/kansas-dcf-halts-placements-with.html#emlnl=Morning_Headlines_Newsletter#storylink=cpy

Kansas DCF halts placements with foster-home operator Faith Builders pending review

By Rick Plumlee The Wichita Eagle Published Thursday, Oct. 24, 2013, at 5:21 p.m.

Legislators criticize DCF for keeping report secret Results of internal review of Kansas agency for children, families won’t be disclosed DCF's letter to legislators In a letter to state legislators, the secretary of the Kansas Department for Children and Families said her agency wouldn’t place children at foster homes operated by Faith Builders until a review of ongoing concerns is completed.

Phyllis Gilmore wrote in the letter dated Thursday, “I want you to be aware that in an abundance of caution, I have instructed our contractors and sub-contractors to do no further placements with homes associated with Faith Builders.”

Faith Builders and its association with DCF’s regional office in Wichita became a topic of concern among legislators. Sen. Oletha Faust-Goudeau, D-Wichita, contacted DCF staff in August, prompting the initial review.

She cited such concerns as the agency’s Wichita office directing children to Faith Builders’ foster care homes, improperly providing confidential information to Faith Builders and Faith Builders circumventing the court process on parental rights.

That review was completed and given to Gilmore on Oct. 10, but Gilmore would not release the results publicly, citing attorney-client privilege. That resulted in a bipartisan group of legislators calling for the review to be made public, which prompted Gilmore’s letter.

Theresa Freed, a DCF spokeswoman, said the letter was sent to eight legislators who have spoken publicly to the media about the issue. The letter will be sent to additional legislators, if they request it.

Diane Bidwell resigned last week as director of the Wichita office. DCF officials have said the resignation was voluntary.

Gary Ayers, attorney for Faith Builders, said Thursday he wasn’t aware of the content of the letter until a copy was provided by The Eagle.

“I was trying to reach our client,” he said. “I don’t know if Faith Builders has received any notification from DCF. This comes as a surprise.”

Ayers said Faith Builders has 25 foster homes in Wichita. Since it began operation in 2007, he said, it has helped many families by providing food, cribs, rent, furniture, respite and foster care.

When he met with the DCF investigator during the preliminary review, Ayers said: “We asked if Faith Builders had done anything wrong.

The DCF investigator said no. “The DCF investigator also indicated there had been no family complaints,” he added. “It seems the only complaint has come from a politician.”

Faust-Goudeau could not be reached for comment Thursday.

Gilmore said in her letter that the initial review has prompted her to request additional “work be done to address DCF’s association with Faith Builders.”

“I want to assure you, we are quickly and thoroughly reviewing each and every case in which Faith Builders has been involved,” she said. Information from the additional review will be shared with the legislators after it’s completed, she added.

Gilmore she said that DCF doesn’t have a contract with Faith Builders. DCF contracts with St. Francis in the Wichita region to provide foster care and family preservation services, she said.

St. Francis contracts with DCCCA, a Lawrence-based organization, which works directly with Faith Builders, she said.

Reach Rick Plumlee at 316-268-6660 or rplumlee@wichitaeagle.com. Follow him on Twitter: @rickplumlee.

Read more here: http://www.kansas.com/2013/10/24/3076954/kansas-dcf-halts-placements-with.html#emlnl=Morning_Headlines_Newsletter#storylink=cpy

Results of internal review of Kansas agency for children, families won't be disclosed http://www.kansas.com/2013/10/18/3066320/results-of-internal-review-of.html

Legislators criticize DCF for keeping report secret http://www.kansas.com/2013/10/23/3074507/legislators-criticize-dcf-for.html

DCF's letter to legislators http://media.kansas.com/smedia/2013/10/24/16/32/14wqUC.So.80.pdf

PC Justice Weblog

2013-10-26T09:09:00.000-05:00

http://pcjustice.wordpress.com/no-title/ Lots of good information with links to multiple articles.

Wichita DCF Director Diane Bidwell Resigns At Same Time Her Office Is Being Investigated... Coincidence?

2013-10-16T10:00:00.000-05:00

Diane Bidwell — who runs the DCF office in Wichita — and Rep. Forrest Knox in a photo posted on Twitter in early 2012 by the Department of Social and Rehabilitation Services.

"DCF officials in Topeka earlier this month confirmed that they were investigating complaints that the Wichita office was steering children at risk of entering the foster care system toward FaithBuilders, a faith-based group that some parents said was undercutting their efforts to be reunited with their children." "The accusations prompted Sen. Oletha Faust-Goudeau, a Wichita Democrat, to ask DCF officials to investigate." read more here: http://www.hayspost.com/2013/10/15/head-dcf-official-in-resigns-amid-investigation/

Kansas increased number of children in foster care while the USA numbers dropped over last decade

2013-08-18T14:08:00.001-05:00

Privatization has done nothing for preserving families in Kansas. While the USA foster care system has decreased the number of children in foster care over the last decade, Kansas has continued to increase the number of children placed in foster care.

"In 2012 the number of U.S. children in foster care dropped for the sixth straight year, falling to about 400,000 compared to more than 520,000 a decade ago, according to the federal Department of Health and Human Services.1 The latest figures show there were 400,540 children in foster care as of September 30, down from 406,412 a year earlier and from approximately 523,000 in 2002. Privatization has continued to play a role in reducing the number of children who enter the foster care system." Read more here: http://reason.org/news/show/apr-2013-child-welfare-privatizatio

Under Governor Brownback and DCF Phyllis Gilmore RECORD Number of Kansas Children are in Foster Care

2013-08-18T10:51:00.000-05:00

http://www.khi.org/news/2013/aug/12/number-kansas-children-foster-care-continues-grow/
The Kansas Health Institute's KHI numbers for children in foster care don't seem to match the State's own records.

Taken from the KHI website: "In Sedgwick County, the state’s most populous after Johnson County, the average number of children in out-of-home placements has increased from 950 in fiscal 2011 to 1,319 in fiscal 2013. On June 30 across Kansas, there were 5,719 children in out-of-home foster care settings, a mix of foster homes, relatives’ homes, group homes, psychiatric facilities, and juvenile detention facilities. That’s only the second time in the past 10 years that the number has exceeded 5,700 on the final day of the state’s fiscal year. The last time was in 2008, the onset of the Great Recession."

One thing is for certain, under Governor Brownback and DCF Secretary Phyllis Gilmore more children are being taken from their families, lives are being destroyed and Kansas children don't stand a chance of having any stability in their lives.

The numbers don't match. On the State's website it shows the total number of children served in Sedgwick County in fiscal 2013 was 1,452 which is higher than the 1,319 KHI reported. On the State's website it shows the total number of children served in out-of-home foster care settings was 8,853 which is also much higher than the 5,719 KHI reported. See link here: http://www.dcf.ks.gov/services/PPS/Documents/FY2013DataReports/ServedInDCFCustody/OOHPChildrenServedSFY2013.pdf

The Wichita Eagle Reported: "Over the past two years, near-record numbers of children have entered the state’s foster-care system, the Kansas Health Institute News Service reported. In Sedgwick County, the average number of children in out-of-home placements has increased from 950 in fiscal year 2011 to 1,319 in 2013. Statewide, there were 5,719 children in such placements as of June 30 – only the second time in the past 10 years that the number has exceeded 5,700 on the final day of the state’s fiscal year (the last time was at the start of the Great Recession in 2008)."

The numbers above are below the actual numbers listed by the State but then the Eagle took their story based on the KHI article. Read more here: http://www.kansas.com/2013/08/18/2947009/eagle-editorial-foster-care-increase.html#storylink=cpy

Sedgwick County DA Marc Bennett Is Soft On Child Molesters, Makes Plea Deal

2013-08-18T08:48:00.000-05:00

Sedgwick County DA Marc Bennett Is Soft On Child Molesters, Makes Plea Deal http://www.kansas.com/2013/08/14/2943132/derby-church-youth-soccer-coordinator.html#emlnl=Morning_Headlines_Newsletter Knabe had been arrested and originally charged with aggravated indecent liberties with a child, a crime that can be prosecuted under Jessica’s Law, leading to a mandatory life sentence without parole for 25 years. The original charge accused him of “lewd fondling or touching” of the boy around Oct. 12. But in June, shortly before his trial, Knabe accepted a plea deal for a less serious felony crime — aggravated indecent solicitation, which is enticing or persuading a child to commit a sex act, according to court documents. Read more here: http://www.kansas.com/2013/08/15/2945215/sources-derby-mans-sex-crime-against.html#emlnl=Afternoon_Headlines_Newsletter#storylink=cpy

Megyn Kelly With America Live Discusses Baby Sammy Wrongful Removal From Parents

2013-08-13T08:17:00.000-05:00

Voices Not Heard

2013-08-12T21:31:00.000-05:00

Connie Fahrbach seems to believe that if everyone had an attorney they would have stood a chance at a fair hearing. In reality, it wouldn't have mattered because the decisions were made prior. It's a corrupt court system filled with parasites. The safety and welfare of the children is not the priority of the Judges in Sedgwick County and no attorney, legal representation, could have made a difference in a case that was manipulated. Good Luck Connie, I only wish you the best! Published in the Wichita Eagle: Voices not heard I recently witnessed a case presented to a family law judge who renders decisions on issues such as parental rights. I walked away realizing that the family law legal system is designed only to serve the rich. If people are poor and cannot afford legal representation, their voices will not be heard. Citizens are allowed to file pro se motions, but the likelihood of the motion being filed correctly is slim. That also has a negative impact on the outcome. Individuals who can afford legal representation will be heard through their attorneys, and the likelihood of the judge rendering a decision in their favor is almost guaranteed. The judge does not require proof from a testifying case manager or the lawyer representing the wealthy. What the case manager and lawyer say is considered factual, and they do not have to provide evidence to support their statements. When deciding parental issues, there simply has to be a better system for financially struggling people who cannot afford legal counsel. I wonder how many loving parents have lost their children based upon their inability to afford case management services or legal representation when appearing before a judge. CONNIE FAHRBACH Andover Read more here: http://www.kansas.com/2013/08/12/2934147/letters-to-the-editor-on-libertarianism.html#storylink=cpy

Sex-trafficking sting highlights vulnerability of foster children

2013-08-04T12:53:00.000-05:00

Taken from: http://www.infowars.com/foster-care-system-traps-children-into-vicious-cycle-of-sex-abuse-2/ Children rescued from sex abuse are placed right back into it. Lee Ann McAdoo Infowars.com August 1, 2013 The FBI raid that rescued 105 sexually exploited children from a sex trafficking ring last weekend has highlighted the vulnerability of foster children. Sixty percent of runaways who are victims of sex trafficking had been in the custody of child protective services. Many times when children are rescued from sex traffickers they are put right back into the foster care system to repeat the same vicious cycle. Victims may even recruit other children into the very abuse they had just left. With the “child protectors” snatching even more children into the system to get more federal funding, there has become a serious shortage of good foster parents to handle the surplus of children, which means the bar has been set really low for people who can qualify to foster. Click on the link above for more on the story. Posted by LATimes http://www.latimes.com/news/nationworld/nation/la-na-child-sex-20130730,0,1571781.story "According to the National Center for Missing and Exploited Children, the information clearinghouse that tracks missing child reports in the United States, 60% of runaways who are victims of sex trafficking had been in the custody of social services or in foster care." Posted by LATimes http://www.latimes.com/news/nationworld/nation/la-na-child-sex-20130730,0,1571781.story

CPS Parasites and the Noble Lie

2013-08-03T10:47:00.000-05:00

Does Brad Heyen also feel fortunate that his adoptive parents use to joke that his biological parents were Amish?

2013-07-30T21:24:00.000-05:00

Kansas Children’s Service League’s focus shifts from adoption to prevention and keeping families together Kansas Children’s Service League’s focus shifts from adoption to prevention and keeping families together By Elizabeth Scheltens The Wichita Eagle ""Brad Heyen doesn’t remember a time when he didn’t know he was adopted. It was a topic that was up not only for discussion in the house where he grew up but also for questioning and for even humor. “My parents and I used to drive past Hutchison and see Amish horse-drawn buggies on the road,” Heyen said. “They always used to joke that my birth parents were inside.” Heyen’s story begins like many adoption stories in Kansas: with the Kansas Children’s Service League. The nonprofit organization, which celebrates its 120th anniversary this year, has been responsible for thousands of adoptions statewide since its founding in 1893."" Read more here: http://www.kansas.com/2013/07/28/2911728/kansas-childrens-service-leagues.html#emlnl=Morning_Headlines_Newsletter#storylink=cpy

Kansas Family Requesting Financial Support To Help Get Their Children Back

2013-07-27T21:00:00.001-05:00

More of the story on this link and you can donate here: http://www.gofundme.com/3hawq4

More Children In State Custody Under Gov Brownback

2013-07-27T09:38:00.000-05:00

FY2013 DCF/SRS Stats and History

Total Number Children Removed Last 4 Years:

FY2013 Statewide 3,974 children removed http://www.dcf.ks.gov/services/PPS/Documents/FY2013DataReports/ServedInDCFCustody/RemovalReasonByCountyFY2013.pdf

FY2012 Statewide 3,623 children removed

http://www.dcf.ks.gov/services/PPS/Documents/FY2012DataReports/ServedinDCFcustody/RemovalsByPrimaryReasonFY2012.pdf

FY2011 Statewide 3,408 children removed

http://www.dcf.ks.gov/services/PPS/Documents/FY2011DataReports/ServedinSRScustody/RemovalsByPrimaryReasonFY2011.pdf

FY2010 Statewide 3,444 children removed

http://www.dcf.ks.gov/services/PPS/Documents/FY2010DataReports/ServedinSRScustody/RemovalsByPrimaryReasonFY2010.pdf

Kansas continues to warehouse the children

Kansas total number of children languishing in foster care has increased in the last 4 years under Brownback

Total Number Children Served In OOHP, Out Of Home Placement:

6/30/13 Kansas total 8,853, Sedgwick County 1,452

http://www.dcf.ks.gov/services/PPS/Documents/FY2013DataReports/ServedInDCFCustody/OOHPChildrenServedSFY2013.pdf

Prior Years:

http://www.dcf.ks.gov/services/PPS/Pages/FosterCareServiceFrequency.aspx

FY2013, Of the 3,974 Children Removed, Only 2,086 Were Substantiated For Abuse:

http://www.dcf.ks.gov/services/PPS/Documents/FY2013DataReports/Intake_Finding/Investigative%20Findings_FY2013.pdf

Rally And Protest For Kansas "Grandmother Caught In Custody Dispute" Some people are good enough to be foster placements but NOT good enough to be a placement for their own grandchildren. Governor Brownback what are you doing?

2013-07-26T22:25:00.000-05:00

for more of the story see previous link:

http://changingkansas.blogspot.com/2013/07/kansas-kvc-takes-child-from-mother-and.html

"On Monday, July 29, 2013, there will be a rally in front of KVC, 1223 Meadow Lark Lane, Kansas City, Kansas, from 9:00 a.m. to 12:00 p.m.

This is a rally for the grandmother, Patricia, who was on the local Kansas City News, Channel 4, reporter Tess Koppelman, last week who stated that even though she had been a foster parent for years for KVC, Patricia was not allowed placement or adoption of her 4 year old grandson. Patricia's grandson was placed in stranger foster care and her grandson has had cuts and bruises which is possible abuse while in foster care."