Any concerned citizen can file a complaint.  This includes individuals currently or previously in foster care.  The following are examples of individuals who might choose to file a complaint:

• The child or youth.
• A biological parent of the child.
• A foster parent of the child.
• An adoptive or prospective parent of the child.
• A legally appointed guardian or permanent custodian of the child.
• The Guardian ad Litem (GAL) of the child.
• An adult relative to the child.
• An attorney for any party or interested party.
• A Legislator.
• A mandated reporter.
• School personnel.
• Mental health provider.
• Employee of a state agency or grantee.

To file a complaint with the Kansas Division for the Child Advocate please click here.  

Investigations fall into three main categories: 

• Case Specific Investigation:  Complaint alleges that an agency’s act or omission in a particular situation was not in compliance with law, policy, or procedure.
  
• Systemic Investigation:  Complaint alleges that a system wide or chronic problem exists in the delivery of services to families and children.
  
• KDCA Initiated Investigation:  When an agency’s act or omission in service delivery, which appears to represent conduct that is systemic, recurring, and chronic, is adversely affecting child and family wellbeing. 
  

• Investigate allegations of abuse and/or neglect;
  
• Interfere or intervene in any criminal or civil court proceeding;
  
• Investigate individual complaints related to judges, magistrates, attorneys or guardians ad litem; 
  
• Overturn any court order;
  
• Mandate the reversal of an agency/provider decision; or
  
• Offer legal advice.

KDCA responds to complaints by providing information and referrals, brief and immediate assistance, or investigation.  Investigations can include assessment of chronic, system-wide issues that adversely affect families and children or complaints alleging administrative acts that may have resulted in serious harm to a family or child, or the risk of such harm.

Upon the receipt of a complaint, KDCA determines the level of assistance and whether a formal investigation will be initiated.  If a formal investigation is initiated, the Division of the Child Advocate then provides notice to DCF, Case Management Provider, Child Placing Agency, or other appropriately identified agency contact.  The identity of the complainant is kept confidential unless KDCA has been given explicit permission to share the information with the appropriate parties and KDCA determines it necessary to proceed.

• Finding that the agency followed policy and procedure.  KDCA explains to the complainant why the allegations are unsupported and assists complainants to better understand the role and responsibilities of child welfare agencies and system.
• Finds that the complaint allegations are supported.  KDCA may advocate to change a decision or course of action by DCF or another agency.  This might include recommending changes to laws, policies, or procedures.
• In some instances, even though KDCA has concluded that the agency is acting within its discretion, the complaint still identifies legitimate concerns.  In these cases, KDCA helps to resolve the concerns.  This might include recommending changes to laws, policies, or procedures.

At the conclusion of an investigation, the Division of the Child Advocate determines whether a complaint allegation is supported or unsupported.  KDCA documents all formal findings. 

A supported finding, in some instances, may involve a past action or inaction.  In this scenario, KDCA is unable to directly advocate for change in that particular case.  However, instances where the situation is ongoing and could cause foreseeable harm to a child or family, KDCA will take steps to directly advocate for best practices. 

• recommendations to the agency for changes in policy, procedure, or practice that should be implemented to improve service delivery and accountability; 
  
• recommendations to the agency for its own internal or external investigation, review or audit; or
  
• recommendations for legislative enactments that would improve services and accountability.

The Children’s Alliance drives systems-level change to strengthen children & families through advocacy, networking and education.

The Disability Rights Center of Kansas (DRC) is a private non-profit agency.  They have attorneys and advocates who provide free advocacy and legal services for disability rights.  DRC Kansas is all about fighting for equality, law, and justice.  They help with many different disability rights issues.  The Disability Rights Center of Kansas (DRC) is a private non-profit agency.  They have attorneys and advocates who provide free advocacy and legal services for disability rights.  DRC Kansas is all about fighting for equality, law, and justice.  They help with many different disability rights issues.