Lawmakers embrace change in foster care disclosure

Lawmakers embrace change in foster care disclosure


New legislation signed into law by Gov. Kathleen Sebelius this week
will allow for public disclosure of records from cases where children
die or are seriously hurt while in foster care or an adoptive home.

According to Associated Press reports, the law, which will take effect
July 1, will require that the records be opened but also will require
that the State of Kansas and law enforcement agencies notify those who
might be affected to allow them the opportunity to ask a court to keep
the records closed.

Records concerning children who are placed into state custody for
either adoption or foster care are confidential under state law. No
records related to an adoptive family before an adoption occurred can
become public.

Local lawmakers said Tuesday that while they feel the measure, which
was unanimously approved by legislators April 30, might actually come
into play more frequently in larger cities, they believe it makes good
sense.

"The real issue is where do you draw the line on opening up these
cases," Sen. Jim Barone, D-Frontenac, said, adding that while some
feel opening up the files is an invasion of privacy, others feels it's
important to help protect children.

Barone added that the issue of opening foster care and adoption
records is not strictly black and white. He noted that while those in
favor of the bill were concerned for the safety of children, there
were others who expressed concern that some would use the law for
selfish purposes.

"There was concern that people would use it to soil someone else's
reputation," he said. "Your reputation becomes harmed when you are
charged (with a crime,) not when you are convicted. It can get mean."

According to Associated Press reports, lawmakers were urged to change
the policy following the December 2002 murder of Brian Edgar, a
9-year-old former foster child. Edgar's adoptive parents in Overland
Park bound him with duct tape and left him to die.

The adoptive parents and a babysitter were convicted of murder and
sentenced to life in prison.

Rep. R.J. Wilson, D-Pittsburg, said he feels the law makes perfect
sense. He noted that he has been asked by constituents to look into
foster care cases in the past in which a child allegedly has been
hurt.

He added that while he has not dealt with fatal or near fatal cases
locally, he has seen cases where the two sides of a child dispute are
playing off one another.

"You would like to look at the case file in an effort to try to
protect the child," he said. "As long as people are involved on both
sides you will always have disputes. As long as people are involved
you will have one side that says this and the other that says that."

However, Wilson added that he feels the law gives a child with another
advocate and provides another avenue toward ensuring a child is being
cared for in the best possible way.

"When we have a situation like that (Edgar's death at the hands of his
foster parents), I feel the records should be open," Rep. Bob Grant,
D-Cherokee, said. "It puts a little more sunshine where it needs to
be."

Grant added that he does not feel foster care and adoptive abuse is a
problem in southeast Kansas, but added "I'm not saying that it could
not happen here."

"I feel that this law strikes a good balance," Barone said. "But, time
will tell."
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