FOSTER YOUTH & ADVOCATE STAND UP TO OVER PRESCRIPTION OF PSYCHOTROPICS
A class action in Missouri challenged the state alleging it unlawfully deprived children in foster care of their liberty interest by failing to provide adequate oversight in the administration of powerful psychotropic medications. It took courage for Khi, a young child at the time, to stand up to state actors who were in a position to continue to abuse her. Fortunately, Kris was determined to stand up for Khi. While not a relative or in any way legally responsible for Khi’s health and safety, Kris took professional and legal risks to protect Khi. Belittled, gaslit, and threatened, they persisted. They stood up together and prevailed. This is their story…
Khi’Marria Marshall (left) and Kris Dadant (right)
Kris’S Story
When my daughter and son-in-law decided to be foster parents, I decided I needed to educate myself so I could be more helpful. As an instructional aide in preschool, I realized the trauma information would help in my teaching. When I retired, I became a volunteer CASA (court appointed special advocate) and went through the training process.
When I first started as Khi’s CASA, she was very distrustful, but we found things we could do together such as making crafts, baking, and eating a meal I would bring, that helped build a strong relationship. Occasionally, we would be allowed to leave the facility to go out for lunch, shopping or sit in the park. Although Khi was eleven when I became her CASA, we figured out she had been in the classroom across the hall from me during her preschool education.
During my time as Khi’s CASA, I had difficulty getting information about her medications even though I had a court order to receive that information. There were times when Khi’s behavior became very violent, and I felt it was due to a new medication being added. I also discovered two or three of her psychotropic medications were being changed at a time which my research explained was not good practice. After numerous emails, calls and visits to Great Circle in Marshall, her medication was adjusted and the aggressive behavior decreased dramatically.
Additionally, I discovered Khi had only seen the psychiatrist through video conferencing for the year he had been treating her. I decided she needed a second opinion. When I contacted the state they said I would have to go through Great Circle because her case manager was with Great Circle not the state. I was extremely frustrated and searching for any help. That’s when I found Children’s Rights and learned there were numerous children in foster care who had issues with psychotropic medications.
I met with Stephen Dixon a couple of times and we had additional communication through emails and phone calls. I decided to participate in the lawsuit against the state of Missouri as Khi’Marria’s next friend. It was unclear what would happen when CASA found out about the lawsuit, but it was worse than I had expected. I was on my way to visit Khi and was told by the CASA program I could no longer be a CASA volunteer and would not be allowed to see her. The absolute worst part was I was allowed to talk to Khi one last time and told her I would no longer be allowed to be her CASA volunteer. She screamed a guttural cry like she had been gravely injured. It broke my heart. Children’s Rights was able to convince the judge it would be in Khi’s best interest to continue our relationship but on an extremely limited basis. We were allowed phone calls and eventually, supervised visits.
The most difficult part, besides not being able to see or talk to Khi frequently, was the seven-hour deposition I gave in front of numerous lawyers and two days of mediation. I relied on Stephen Dixon and the other Children’s Rights lawyers to get through this ordeal. Fortunately, I had copious amounts of documentation to back my testimony.
In the end, mediation worked with the state being ordered to provide better oversight that includes access to second opinions, a red flag system, and caregivers having access to up-to-date medical records. The judge also ordered the child’s medical consenter to be directly involved with the psychiatrist appointments and be able to ask questions before giving (or not giving) consent.
I continue to mentor Khi’Marria but our relationship is more like family. She is developing into a beautiful young woman with goals and determination. Khi is an integral part of my life.
Khi’s Story
In 2016, I was in a residential facility called Great Circle formerly known as Tom Butterflied Home, now known as KVS. I was 12 when I became a plaintiff in a class action lawsuit for medication abuse.
Before the lawsuit I remember always being angry. I remember the little things used to have me throw the biggest fits. I've tried to shut those years out of my mind, because I was just out of it. I remember the weight gain. I'd never really been a big person so to just wake up one day and be so big was crazy to me. I remember for weeks I was in trouble back-to-back. From age eight to thirteen, I was put in restraints for two hours at a time. Then I got my meds changed.
By the time I met Mrs Kris, I was on five different pills. I was a lot angrier than normal. I would just lash out over little things. I remember at one time I got in 5-10 in one week. Over the course of the lawsuit a few things happened. I got off a lot of the pills I was on. My team Caseworker, J.O, and Guardian ad Litem tried their very best to get me to believe Kris did something bad. And they told me I couldn't see Kris any more. I was so heart broken. Kris is the very first person in my life who never gave up. I'm not a very easy person to love. I pushed her away as hard as I could and she stayed. So, for them to take away from me the only person who had ever loved, just wrecked me.
If you would have asked me at twelve years old how all this made me feel I couldn't tell you because I knew nothing. Mrs Kris told me about it but not really in a way I understood, and my team wouldn't talk to me about it. Within the last month I read the part of the lawsuit about me and I cried. I cried for my lost childhood, I cried for that twelve year-old little girl, I cried because for the last nine years I thought I had all these mental illnesses. I cried because I had forgotten about all that anger and to be such a small person with that much hate and anger. And, I cried because the many adults who say they didn’t care hurt so bad.
In the last two years, something I thought would have never happen, has happened. My story was heard. I've known since a young age I wanted to be a voice behind a change in the foster care system. These people take a lot of kids that don't need to be taken from their homes and put them in worse situations. The system is meant to be six months to a year. I was in the system for thirteen years. I suffered mental, sexual, physical, emotional, and medicational abuse from both my family and the state, and team that was assigned to me.
Even now at almost twenty, I'm being failed by the adults around me. No kid should go through what I went through and it hurts me everyday that it's still being done. Us kids in care are not looked at as people but money. My dream since I was a little girl was to be seen and heard, and to make a difference. I come from a family full of trauma and to be the first person to break away from all that means the world to me. I'm so blessed and happy that I had Kris when I had her. I have no idea what would have become of me without this lawsuit, without Kris caring. I have a mind and a personality thanks to her.
The system tried to break me, something they were very close to doing. I want other children to know that there are people out here that want to hear their stories and to help them. There are people that care about their them and their stories. I'm not done fighting my battles - nowhere near done. There are days I wanna give up. There's a day when I think about my past and of what I've been through and just cry. Even though I want to give up most days, I can't. There is a future for kids out there who don't have a Mrs. Kris and who still haven't found their voice. I'm going to be that voice for them and for me, and for as many kids as I can be in this lifetime.
The case resulted in a court-enforceable order requiring the state of Missouri to reform its child welfare system to require: (a) a proper informed consent policy and procedure, (b) an adequate system for maintaining updated and accessible medical records for children in foster care, and (c) a system for conducting physicians' reviews to secure second opinions on outlier prescriptions of psychotropic medications before administering them.
Because of their courage and sacrifice both Khi and Kris were inducted into the Impact Fund Class Action Hall of Fame on February 20, 2025.