KS Office of the Child Advocate

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 Office of the Child Advocate please click here.  

Investigations fall into two main categories: 

• Case Specific Investigation:  Complaint alleges that an agency’s act or omission has provided inadequate protection or care of children, failed to protect the physical or mental health, safety, or welfare of any child, or failed to follow established laws, rules and regulations, or written policies.
• Systemic Investigation:  Complaint alleges that a system-wide or chronic problem exists in the delivery of services to families and children

OCA does not have the authority to:

• Investigate allegations of abuse and/or neglect;
• Interfere or intervene in any criminal or civil court proceeding, but for specific circumstances, when appropriate, OCA may produce reports of findings of fact or conclusions of law to be filed with the assistance of the Attorney General in a pending child in need of care case; 
• 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.

OCA responds to complaints by providing information and referrals, brief and immediate assistance, or investigation.

Upon the receipt of a complaint, OCA determines the level of assistance.  If a formal investigation is initiated, the Office of the Child Advocate then provides notice to DCF, Case Management Provider, Child Placing Agency, KDOC, or other appropriately identified agency contact.  The identity of the complainant is kept confidential unless OCA has been given explicit permission in writing to share the information with the appropriate parties and OCA determines it necessary to proceed, or as otherwise required by law.

The Office of the Child Advocate may respond in various ways, including but not limited to:

• Identifying and providing information and resource referral;
• Assisting complainants to better understand the role and responsibilities of child welfare and juvenile justice agencies and system;
• Finding the complaint allegations are supported.  OCA may advocate to change a decision or course of action.  This might include recommending changes to laws, policies, or procedures; and
• In some instances, although OCA might conclude the agency is acting within its discretion and allegations unsupported, the complaint may still identify legitimate concerns.  Resolution could include facilitating communication, providing education, or recommending changes to laws, policies, or procedures.

At the conclusion of an investigation, the Office of the Child Advocate determines whether a complaint allegation is supported or unsupported.  OCA documents all formal findings. A supported finding, in some instances, may involve a past action, inaction, or omission.  In this scenario, OCA is unable to directly advocate for change in that particular case.  However, instances where the situation is ongoing, OCA may take steps to directly advocate for best practices attempting to resolve the complaint when possible. 

The Office of the Child Advocate may take action that includes, but is not limited to any combination of the following actions:

• Recommendations to consider the matter further; 
• Recommendations to modify or cancel the department or contracting entity's actions;
• Recommendations to alter a rule, order, or internal policy;
• Request further explanation as to the action; or
• Request that within a reasonable timeframe of receiving a recommendation, that the department or contracting entity provide information as to action to implement or not implement the recommendations.

The Office of the Child Advocate maintains the confidentiality of its complainants unless this is waived in writing by the complainant and such waiver is deemed necessary to carry out OCA's work or as disclosure may be required by law.  The confidential nature of OCA's work is designed to encourage individuals to report problems or concerns, thereby enabling OCA to perform its duties more effectively.  OCA maintains the confidentiality of all records as set out by applicable state and federal laws.