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Foster HIV

August 2, 2014 permalink

What kind of foster parent is safer for a child? One with HIV, or one free of communicable diseases? In Nevada, political correctness has trumped safety as the state now permits HIV infected couples to become foster parents.

In another story of same-sex adoption, baby Kadillak (Anna) Poe-Jones died after being left in a hot car for two hours by her foster dad Seth Jackson. Since this has become a high-profile case, Phyllis Gilmore, secretary of the Kansas Department for Children and Families, has issued a statement out of the script. She blames the foster parent, and marijuana, sidestepping responsibility for placing a baby with a negligent couple. Quoting her statement: "Since 2001, there have been two fatalities in foster care as a result of maltreatment. The last death by maltreatment in foster care was in 2006." Since 2001 our record of foster deaths in Kansas includes:

  • Brian Edgar né Clark, nine years old, died in Overland Park Kansas on December 30 2002 of asphyxiation
  • Dominic James Matz of Osawatomie Kansas was a one-year-old boy with CHARGE Syndrome. His mother learned how to keep him alive with his disability, but he died on February 15 2004 five days after being taken into foster care.
  • Kassidy Christine Holman, adopted by Brian and Jami Holman of Andale Kansas, died at age 8 years of leukemia on July 30 2006.
  • Kailee R Hundley, age thirteen months, died of asphyxiation in Wichita Kansas on March 24 2008.
  • Jural Garrison Holdaway, age 16 years, died in Wichita Kansas of drugs on September 2 2009.
  • William (Billy) Oliver Kochase, age 17 years, of Hutchinson Kansas, hanged himself in foster care on October 3 2010.



Nevada revises foster care regulations to remove exclusion of people with HIV

LAS VEGAS — The Nevada Division of Child and Family Services (DCFS) on Thursday revised its regulations concerning licensing prospective foster parents to remove a requirement that foster parents be free of a list of communicable diseases that included HIV.

The revised regulations allow for DCFS to require a physical or psychological examination, but only if there is reason to believe a foster parent may not be physically or emotionally capable of meeting the needs of a foster child, or there is a legitimate reason to believe the health of the foster child may be in jeopardy.

Last year, Lambda Legal submitted a petition to DCFS on behalf of a married same-sex couple who were told the HIV status of one spouse precluded their serving as foster parents.

The petition, joined by Aid for AIDS Nevada (AFAN) and Children’s Advocacy Alliance (CAA), called for DCFS to remove immediately HIV and AIDS from the list of communicable diseases that prevent an individual or couple from receiving a foster care license and to consider removal of other diseases that also are not transmitted via household contact.

In response, DCFS decided to remove any reference to communicable diseases from the regulations pertaining to foster care and instead to require that “| ach foster parent must be in sufficiently good physical and mental health, and be physically and emotionally capable, to provide the necessary care to children.”

“This change in the Nevada Administrative Code expands the pool of loving homes willing and able to take in foster children,” said Scott Schoettes, Senior Attorney and HIV Project National Director for Lambda Legal.

“Nevada DCFS recognized that its exclusion of people living with HIV from being foster parents was unsupported by medical science and discriminatory, and we are gratified that the department moved so quickly to update its regulations,” said Schoettes.

Source: LGBTQ Nation

DCF statement on the new information in Kan. hot car death

Phyllis Gilmore
Phyllis Gilmore

​TOPEKA – In response to Friday’s information made public in Sedgwick County court, regarding the death of the 10-month-old baby, Kansas Department for Children and Families (DCF) Secretary Phyllis Gilmore offers the following statement:

“Should the allegations prove to be true, I am appalled that a precious, helpless child suffered such an unthinkable death while her foster parent was allegedly using drugs. We expect parents to protect and care for their children. We expect even more of our foster parents. They have a duty to put the children in their care before themselves always and provide a loving, safe environment. This incident is a rare exception to the otherwise strong record of foster care safety in Kansas. Drug use is not tolerated among our foster parents.”

DCF continues its investigation into the tragedy. Foster homes sponsored by TFI are in the process of being inspected. Presently, no serious concerns have been discovered. We anticipate lifting the moratorium on placements with TFI soon, upon the completion of the inspections if no issues arise. TFI is licensed to sponsor 621 foster homes in Kansas. TFI was a former foster care contractor. Its contract with DCF was not renewed in 2013. It serves as a subcontractor of foster care services to St. Francis and KVC.

Since 2001, there have been two fatalities in foster care as a result of maltreatment. The last death by maltreatment in foster care was in 2006.

Source: Salina Post

Addendum: Thirty-two months in jail for foster dad Seth Jackson. As usual in this kind of case, no months in jail for the social workers who placed baby Kadillak Poe-Jones with the absent-minded caretaker.



Foster father gets 32 months for hot-car death

WICHITA, Kansas — Seth Jackson, 29, the foster father charged with leaving a 10-month-old child to die inside a hot car last July has been sentenced to 32 months in prison with 24 months supervision after his release.

Jackson testified Friday morning, saying he was “a broken man, pleading here for my life.”

A large crowd turned up for Jackson’s sentencing hearing Friday. Jackson plead guilty in November of involuntary manslaughter in the death of Kadillak Poe-Jones, who died of hyperthermia after she was left in the hot car for over two hours.

Kadillak Poe-Jones
Seth Jackson’s mother shared a photo of the baby that died in a hot car.
KSN File Photo

Prosecutors asked for 32 months saying “everything [the girl] could ever be is gone because of the defendant. Jackson’s defense argued for probation saying it was a tragedy but prison was not the answer stating “he has accepted responsibility”.

Judge David Dahl said he believes Jackson’s actions were unintentional but not accidental stating that doing drugs, drinking and driving are not accidental actions. “I believe that probation is not warranted. I believe that probation is not appropriate.

Jackson has 14 days to appeal his sentence.

Source: KSN-TV