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Tiger volleyball earns win on Senior Day

HAYS, Kan – Fort Hays State volleyball rolled to a 3-1 senior day victory over the Missouri Southern State Lions on Saturday afternoon (Nov. 16).

This victory moves FHSU to a 7-21 overall record and a 4-16 mark in conference action to end the 2019 campaign.

After an early 9-8 scoreline in favor of the Tigers, Missouri Southern, lead by Janelle Brehm with 17 kills throughout the match, snatched five straight points to push out to a 13-9 lead.

Continuing their fight, FHSU saw kills landed from freshman Delaney Humm, senior Morgan West, and freshman Mykah Eshbaugh, but couldn’t crack further than three points into the Lions lead. Missouri Southern would go on to take the first set, 25-20, on a service ace by Alicia Pickett.

The Tigers opened up the second set with the first point on a service error from Missouri Southern’s Morgan Nash. However, the Lions entered a three-point swing to own a 3-1 lead. Fort Hays State would regain the advantage on a five-point run headed up by Humm, which included two of her three service aces in the match.

The second frame would move on to feature runs by both sides, until the Tigers were able to establish control with senior Abbie Hayes behind the service line. FHSU would continue to enter their fifth run of the set by collecting the final three points at the hands of Humm and Eshbaugh.

Humm and freshman Emily Ellis lead the opening action in the third frame for FHSU, claiming responsibility for six of the first 10 points. Still down by two, junior Tatum Bartels’ kill provided a spark that lead to lead-changing momentum.

With the Tigers recently gaining the lead at 13-12, junior Taylor White stepped behind the line and sent her second ace of the afternoon over the net, forcing the Lions to call a timeout. Eshbaugh, Humm, and Bartels would be the only Tiger athletes to register points for the remainder of the set.

FHSU locked up their second consecutive set victory on Humm’s 18th kill of the match.

Holding their first 2-1 lead since facing off against No. 14 Northwest Missouri State on Nov. 2, the Tigers battled to open the final frame. Neither the Lions or the Tigers were able to establish much separation until the Black and Gold earned five straight points, headlined by three kills from freshman Morgan Christiansen. This created their first lead since a 6-5 score earlier in the set.

Missouri Southern evened the game back up at 21 points each. A bad set by the Lions’ Morgan Nash and an attack error by Shaylon Sharp created a small window of separation for the Tigers. Two points later, Bartels would end the day with her 11th kill.

Freshman Delaney Humm lead the way for the Black and Gold, landing 20 kills at a .370 clip and notching 19 digs—two shy of her career best in both kills and digs. Bartels was responsible for 11 kills on the day while Ellis and Christiansen trailed her with five each.

All three of the seniors honored on Saturday afternoon saw action in the match. West contributed three kills and a block in two sets played, while Kyle Brown collected her minutes in the first frame.

Hayes starred at libero in her final appearance as a Tiger and featured a team-leading 21 digs, just one behind Missouri Southern’s Emalee Lowe. Following the match, the Tigers No. 43 moved into sole possession of fifth place all-time for digs per set in a career with 3.51.

President Trump to nominate KC library head to federal agency

Crosby Kemper III photo courtesy Show Me Institute

KANSAS CITY,(AP) — President Donald Trump has announced plans to nominate the executive director the Kansas City Public Library to lead a little-known independent federal agency that the White House has tried to shutter.

Crosby Kemper III will become director of the Institute of Museum of Library Sciences, pending confirmation by the U.S. Senate.

Trump’s federal budget proposals for the last three years have sought to close the agency, which has an annual budget of about $242 million. The agency is tasked with supporting the nation’s museums and libraries with research, policy and grants.

On Thursday, Kemper said he was under orders from the White House not to comment. The American Library Association and Republican U.S. Sen. Roy Blunt have praised Kemper’s nomination in written statements.

‘I ain’t homeless no more’; community rallies in support of man in need

Spencer Mohler, left, of Randall shakes hands with James Arnold, right. Mohler and his wife have donated the use of the camper to James, who was homeless.

Jewell Co. couple donates camper, RV park owner offers a place to live

By CRISTINA JANNEY
Hays Post

James Arnold’s friend Preston Wolf said James was almost in tears when a stranger pulled in at Wolf Furniture Galleries on Friday morning with a camper — a camper that was going to be James’ new home.

James has been homeless for 16 years. About a year and half ago James moved into a makeshift shelter cobbled out of cardboard, shipping pallets and sheets of plastic behind the Hays furniture store

Wolf, owner of Wolf Furniture, has been trying to help James get back on his feet. However, on Oct. 30 the City of Hays sent Wolf a letter saying Arnold had to leave his shelter by Friday because the property was not zoned residential.

Caroline von Lintel, owner of the RV Village on Vine, read a story Hays Post about Arnold and offered a camper pad at her park with all fees and utilities paid.

She was looking for a camper when Spencer Mohler of Randall, Kan., contacted von Lintel after seeing the story about James on social media. He let her and Wolf know Arnold could use his family camper indefinitely.

James Arnold in his new camper.

Mohler and his wife cleaned out the camper Thursday night, and Spencers drove the camper to Hays this morning for James.

“James was kind of peaking around the corner and tip toeing around, and when he found out that was his, it was if he just got issued a new lease on life,” von Lintel said. “There’s a spring in his step, and he said ‘I’m going to have a barbecue for everybody in the summer time.’ ”

The von Lintels also own the Wendy’s in town, and she said she would look into hiring him at the RV park or at Wendy’s.

“We want to get him in front of the people he needs to figure out where he’s at and what he needs,” she said. “Once we have that and feel he has his feet on the ground, we’ll just offer more opportunities as he is able to take it on.”

Now that James is no longer homeless he hopes to get a job and save some money.

Von Lintel has a history of working with homeless shelters, including Esther’s House and another shelter in Arizona.

“I’ve had some hard times myself. I’ll be honest with you,” she said. “When I read that, I know that feeling. I know what he felt. I just felt it. I said, ‘No, no, no, we are Hays. We can do this. Maybe Hays doesn’t have something in place now, but maybe this will create the synergy to get something in place. We are not a cold-hearted community. We care.’ ”

She continued, “People want to help. They just don’t know how. Hays is an amazing community. You don’t know how many calls I have got about clothes and food and bedding and whatever he needs.”

Von Lintel said she got more out of helping James than he did, because she knows now he can have some peace and start rebuilding his life.

“There is no one who needs to be homeless in Hays,” von Lintel said. “We can figure something out.”

Spencer Mohler, 26, said his family did not have much invested in the camper, were not using it and saw a chance to help someone else.

“I have never been homeless and I hope I never am homeless, but things do happen,” Mohler said. “I’ve been in lower places, and I know what it’s like trying to get out of whatever might be going on to get back on your feet and sometimes you need a little bit of help. I only had $1,500 in the camper, and that probably felt like $1 million to him.”

James’ former homeless encampment behind Wolf Furniture Galleries.

Mohler said they have opted to retain ownership of the camper for now, so James doesn’t have to pay the taxes.

When Mohler first brought up the idea of letting James use the camper to his wife, she said he was nuts. However, she read the story about James and the couple ultimately decided allow James to use the camper.

“If I can help someone who just a little worse off than I am, it’s all worth it,” he said.

Von Lintel and Wolf said they were flooded with calls and contacts of people hoping to help James in some way.

Someone donated an ACCESS bus pass. On the Rocks has offered him meals. Someone from LINK has offered to help James fill out paperwork to apply for assistance with medical needs.

James had few words Friday. He seemed overwhelmed, but happy and grateful. He talked about his goals of finding work and saving money. “Security,” he said excitedly. He knows know he has a place he and his belongings can be safe.

“I have knots in my stomach,” he said. “I have butterflies.”

Sitting on the couch in the camper, a huge grin curled over his wrinkled face.

“I ain’t homeless no more,” he said. “I have a home.”

Hays has no homeless shelter. First Call for Help is working on a project to build a transitional housing unit in its current building at 607 E. 13th. You can donate to that project by clicking here.

Kansas man, woman dead after crash with a semi

REPUBLIC COUNTY — Two people died in an accident just after 9:30a.m. Saturday in Republic County.

The Kansas Highway Patrol reported a 2013 Volvo semi driven by Douglas J. Watts, 28, Omaha, was northbound on U.S. 81 at the U.S. 36 junction just west of Bellville.

The semi struck a 2004 Toyota Corolla driven by Steven A. Torres, 62, Bellville, that was westbound on U.S. 36 off ramp and had attempted to turn south onto U.S. 81.

Torres and a passenger Sherry L. Torres, 62, Bellville, were pronounced dead at the scene and transported to Bachelor-Surber Funeral Home. Watts was not transported for treatment.

All three were properly restrained at the time of the accident, according to the KHP.

Pulitzer Prize-winning author to speak on JFK 60 years after visit

By CRISTINA JANNEY
Hays Post

John F. Kennedy changed the way politicians campaign in his historic run up to the the presidency, said Pulitzer Prize-winning author Thomas Oliphant.

Kennedy’s presidential campaign made a sweep through Kansas in 1959, which included a stop in Hays.

Thomas Oliphant, co-author of “Road to Camelot,” will be the keynote speaker at a banquet at 7 p.m. Nov. 20 at the former Kennedy Middle School, commemorating the 60th anniversary of JFK’s campaign trip to Kansas. 

“What we discovered in our research that the collection of almost exclusively young people around him starting basically in 1956, they invented modern politics on the fly,” Oliphant said in an interview via phone with Hays Post.

“So many of the things we see today — for better and for worse — polling, how you organize in non-primary states, how you organize in primary states, the use of television advertising on a scale that had never been attempted before and on and on — the modern game that we watch today essentially begins in 1960.”

Oliphant said northwest Kansas at that time had a pocket of Democratic support despite Kansas over time being generally a conservative state.

Thomas Oliphant

“In the 1950s and in 1960, northwest Kansas for the Democrats was a sort of isthmus of strength or an island of strength. Getting out to where the Democrats were made all the sense in the world,” Oliphant said.

JFK also made stops during his trip in Wichita, Kansas City, Dodge City and Salina, but almost never made it to Hays, Oliphant said. Hays didn’t have an airport big enough at the time to accept his DC-3 airplane. A Hays resident flew to Salina in a small plane and picked up Kennedy and flew him back to Hays to land on what was then a grass landing strip.

JFK was greeted upon his arrival to Hays by the marching band from the local Catholic school, which would eventually became Thomas More Prep-Marian. Oliphant noted Kansas was not particularly Catholic at the time, either, but Hays and the surrounding rural communities were strongly Catholic, based on the settlement of Catholic Volga Germans immigrants in the area.

Kennedy was only in Hays five or six hours, but was here long enough for a fundraising dinner.

All 645 people in attendance in 1959 that Friday evening ate chicken fried steak except for one person who requested fish — JFK. Norbert Dreiling, the Hays attorney and Sixth Congressional District Chairman who was instrumental in bringing JFK to Hays, had the bishop grant a dispensation allowing Catholics in attendance to eat meat on a Friday. That provision was noted in the banquet program.

Oliphant said Kennedy had been running for president for three years by the time he made his trip to Hays. He was making about 15 stops a year, Oliphant said.

“You have a very practiced candidate by the end of 1959 just almost on the eve of all the amazing things that happened the following year,” Oliphant said. “By then, his travel routine was really settled. He generally would have eaten a quick meal that included meat although he wouldn’t have on this Friday. He would eat in his hotel room so he wouldn’t have to worry about eating at the event.”

Kennedy did not stay the night in Hays, but when he did stay overnight, his staff would ask his host for a long board to place under his bed to help with his back problems. Kennedy stayed earlier in the 1950s with Gov. Docking, and his family saved the board they used to support Kennedy’s bed.

Oliphant said politicians are still using Kennedy’s campaign model today.

“All the most important aspects of national politics were really invented during those four or five years when JFK put his operation together,” Oliphant said. “Essentially everything they did had never been done before, but the success of it created a whole new generation of copycats.

“In fact, four years later, the successful Republican campaign by Barry Goldwater was organized along the same lines that Kennedy had used. The guy who put together the Goldwater operation, partisan differences aside, was an avid student of the way JFK did politics, and if you look at the Goldwater campaign, you kind of see the ultimate compliment, which is imitation.”

In researching the book on Kennedy, Oliphant said he became even more interested in the former president.

“I had not understood how political he was,” he said. “This guy did a lot more everyday than just make speeches that were written eloquently. He loved the game. He understood politics as the process that supplies the grease in our society to get things done.

“I was struck over and over again in the research how minutely he followed this kind of approach and how down to the tiniest detail. He loved the tactical infighting, actually.”

Kennedy used the theme of a new frontier in his campaign.

JFK delivered at stump speech in Hays,  Oliphant said. One of the big lines in that speech was his vow to get this country moving again. He based that theme on a detailed analysis of the country’s condition that came to the conclusion that at the end of the 1950s American life was a little stuck in the mud and there needed to be a new burst of energy, Oliphant said.

Oliphant said the more he researched Kennedy, the more fascinated he became.

“All his accounts of him in Hays were that he was very vigorous and engaged in the hours that he was there, but the feeling was mutual. This would have been the fifth stop on a two-day swing through Kansas and apparently he was alive and vigorous at the end of it as he was at the beginning of it and that is typical of him.”

Oliphant said JFK had a knack for connecting with the average voter. He said the ability to connect likely started in the Navy during the war.

“You know he ran for Congress before he ran for president,” Oliphant said. “His first campaign was in 1946 and it was for a seat in the House of Representatives. You don’t win one of those fights with eloquence. Yo win it with hard work — sometimes door-to-door. The process forced Kennedy to either learn to relate to people or to be a failure. ”

Oliphant and his co-author were stuck when they looked at Kennedy’s early Congressional campaigns about how he used retail campaigning, including meeting with small groups, going door-to-door and doing walking tours.

“The more he did it,” Oliphant said, “the more it became apparent to us, the more he liked it. … It really helps if you like people, if you like meeting people you’ve never known before. Kennedy turned into one of those. He didn’t come by it naturally, but the time he arrived in Hays, he had been a practicing national politician for 14 years — by then, behaving in ways that ordinary Americans could relate to was second nature to him.”

The Nov. 20 event is being organized by the Ellis County Democratic Party.

General admission tickets to the banquet are now on sale at $50 each. Tickets for the banquet may be purchased at 1500 Vine or online by clicking here.

Other activities commemorating JFK’s visit

At 7 p.m. Tuesday, Nov. 19,  in the Fort Hays Ballroom, there will be a panel discussion about JFK’s trip to Hays, its impact, and the role of Norbert Dreiling, the Hays attorney and Sixth Congressional District Chairman who was instrumental in bringing JFK to Hays. Panelists will be longtime leader of local, state and national Democratic politics, Hays attorney John Bird; Larry Gould, chairman of Political Science Department at FHSU; and Randy Gonzales, who graduated in May from FHSU with master’s degree in history and who wrote his thesis on Kennedy’s trip to Hays. The event is free and open to the public.

At 3:30 p.m. Wednesday, Nov. 20, in the Memorial Union, Oliphant will answer questions at a historical commemoration of Kennedy’s news conference 60 years ago. The location will be adjacent to where JFK held his press gathering. The event is free and open to the public.

Forsyth Library on the FHSU campus opened an exhibit on Nov. 7 on JFK’s trip to Hays and on Dreiling’s role. It can be viewed in the south study area.

Hays Post website upgrade on the way

If you are still using Internet Explorer, please take note.

From the staff of Hays Post

Next week, Hays Post readers will notice a change to their local source for news, sports and information.

A website upgrade will be implemented, offering a more stable and secure experience for readers, significantly boosting the speed of the site, and offering an improved experience on mobile devices.

The current website has been virtually unchanged since 2014.

Technology has changed drastically in the past five-plus years, and we are evolving with it — and confident this change will give us a stable, secure and fast platform for years to come.

Some slight design changes will accompany the upgrade, but readers should expect to find the same local news, sports, information, weather and obituaries — with no paywall.

Keeping our Community Connected is what Eagle Radio does. And Hays Post is a big part of how we do it.

As part of the upgrade, Hays Post also will disable anonymous comments.

Comments were a way to stimulate conversation in a day when people were much less comfortable attaching their opinions to their names. However, the vast majority of engagement with Hays Post content has migrated from our on-site commenting system to Facebook, which sparked the change. We hope nearly a decade of offering our readers an open forum for ideas and commentary helped create a more open environment in our community.

Expect more changes in the coming months, as Eagle’s development team is creating new native apps for mobile devices, as well as integrations for other platforms, including Alexa-enabled devices.

Our goal is to deliver our content where readers and listeners are — whether that’s commuting in your car, checking Post at work or on your phone from the porch, or wanting to get caught up while you’re cooking dinner in the evening. Keeping you connected to the local information that matters to you — that’s what matters to us.

When the update is made, it could be as long as 24 hours before every device recognizes the change — and don’t be surprised if you see an occasional 404 Page Not Found redirect, especially if visiting off older links from social media.

Stories published prior to Nov. 18, 2019, will remain online at archive.hayspost.com, which will be active by the end of the week.

An important side note, the new platform will not be supported on Internet Explorer. Microsoft no longer supports Explorer and has advised Explorer users to switch to Microsoft Edge. Hays Post will be continually optimized for best use on Google Chrome, but is supported by most web browsers, including Firefox, Safari, Edge and most mobile browsers.

Eagle’s web development team can be contacted HERE.

Story ideas and feedback for the Hays Post staff can be sent to [email protected].

SWAT team raids Kansas home, arrests felon

COWLEY COUNTY— Law enforcement authorities are investigating a  Kansas man on drug and weapons charges after a

On Friday, a 71-year-old Arkansas City man came to the police department and reported that his son, identified as 40-year-old Brian Feasel, who lives in his home, threatened him and his 71-year-old girlfriend Thursday night during an argument regarding drug usage. The victim reported that Feasel pointed a rifle at them both while also holding a handgun to his own head.

The victim reported they then left the residence and stayed at another location for the night. Officers obtained a search warrant for the residence, located in the 1400 block of North First Street.

Due to the nature of the crime and the suspect’s past violent history, the South Central Kansas SWAT team was called in to execute the search warrant and an arrest warrant for Feasel.

Just after 4 p.m. today, officers entered the North First Street residence and arrested Feasel without incident.

He is remains jailed on suspicion of two counts of aggravated assault with a deadly weapon, as well as one count each of criminal damage to property, criminal possession of a firearm by a felon, possession of drug paraphernalia and theft of a firearm.

He remains jailed in the Cowley County Jail in Winfield in lieu of $150,000 bond through

 

FHSU football closes out 2019 season at Northeastern State

Courtesy FHSU Athletics / Allie Schweizer photo

Fort Hays State (7-3, 7-3 MIAA) at
Northeastern State (0-10, 0-10 MIAA)
Saturday, November 16, 2019 – 2 pm
Gable Field at Doc Wadley Stadium – Tahlequah, Okla.
LISTEN LIVE

Fort Hays State Football will complete its 2019 schedule on Saturday at Northeastern State University in Tahlequah, Oklahoma. The Tigers (7-3) will attempt to extend their streak of winning at least eight games in a season to five straight years against a winless RiverHawks (0-10) squad inside Doc Wadley Stadium at 2 pm.

Unless there is an unforeseen shake up and several upsets among teams in the NCAA Super Region rankings, this game will close out the season for the Tigers. Head Coach Chris Brown addressed media on Tuesday saying “Our goal and expectation this year was to win the conference, get to the playoffs, and win in the playoffs. A bowl game was not going to be an option for us, because that is not who we are right now.”

“I told our kids (Monday) this is going to be our last game, and I’m going to stick to my word. When we first started building this program and went to the two bowl games (2015 and 2016), it was great, because we were still trying to build a championship tradition. We’ve done that now and we did not take care of business in the in the regular season,” said Brown. FHSU was the two-time defending MIAA Champion going into this season and made two straight appearances in the NCAA Playoffs before falling just short of both accomplishments this year. Central Missouri will either win the MIAA title outright on Saturday or share it with Northwest Missouri State, pending what happens when they square off in Maryville. Both are among the top seven in the Super Region 3 rankings.

Even with the Tigers falling just short of their postseason goals this year, the 2019 senior class has the opportunity to go out as the winningest in the program’s NCAA Division II history by percentage. A win would push the group of seniors that have been part of the team from 2016-2019 to 36-11 overall, which would be one-loss better than the 2018 senior class mark of 36-12. They can match the 2018 class for most wins by any senior class in the entire program’s history.

The Tigers go into this contest with the fourth-best passing offense in the nation, averaging 328 yards per game. Quarterback Chance Fuller ranks sixth nationally in passing yards per game (309) and fourth in completions per game (24). With 3,090 passing yards, he is the fourth Tiger quarterback in history to throw for at least 3,000 in a season. He is 423 shy of the single-season record of 3,513 by Mike Garrison in 2010. With 31 touchdowns, he is three shy of the single-season passing touchdown record set by Shawn Behr in 1995 with 34.

Harley Hazlett has a chance to become the eighth Tiger receiver in history to reach 2,000 yards in his career. He is just 20 yards shy at 1,980. He leads the Tigers with 803 receiving yards on the season. He already owns the all-time receptions record at FHSU with 180. Manny Ramsey (785) and Layne Bieberle (673) give the Tigers three receivers with over 600 receiving yards this year.

On defense, Drew Harvey is pacing the tackles list with 84 for the season. Jordan Starks (77) and Tanner Hoekman (76), the team leaders in interceptions with three each, rank second and third respectively in tackles. Sheldon Schmidt leads the Tigers in sacks with three.

Fort Hays State is looking for a sixth-straight win against Northeastern State. The Tigers have claimed all five meetings against the RiverHawks in MIAA play.

Northeastern State has struggled mightily this year, allowing 62.6 points

FHSU men’s basketball heads to Colorado for weekend games

Courtesy FHSU Athletics / Allie Schweizer photo

Fort Hays State at Colorado School of Mines
Saturday, November 16, 2019 – 4 pm CST
Radio: KFIX (96.9-FM)
LISTEN LIVE

Fort Hays State at UC-Colorado Springs
Sunday, November 17, 2019 – 4 pm CST
Radio: KJLS (103-3.FM)
LISTEN LIVE

After a 2-0 start to the season, Fort Hays State Men’s Basketball returns to action on Saturday and Sunday in Colorado. The first stop on the road trip is Colorado School of Mines, the No. 14 ranked team in the nation by the NABC, in Golden before traveling to UC-Colorado Springs. Colorado School of Mines is 1-1 so far, while UCCS sits at 2-0 going into the weekend. Games on both days begin at 4 pm CT / 3 pm MT.

Fort Hays State claimed a pair of wins in Arkansas last week with an 88-78 win over Arkansas Tech and a 58-53 win over Southwestern Oklahoma State. The Tigers had a balanced scoring effort over the two games with seven players reaching double figures at least once. Aaron Nicholson, Jared Vitztum, and Nyjee Wright are all averaging a team-high 12 points per game.

Colorado School of Mines plays its third game of a seven-game home stand to open the season. The Orediggers were upset on their home floor in the season opener against St. Mary’s University (Texas), 85-84 in overtime. However, they bounced back with a blowout 75-47 win over Lubbock Christian. Fort Hays State claimed a 75-71 win over Colorado School of Mines last year in Hays, but the Tigers fell in double overtime in the 2017-18 meeting in Golden by a score of 109-101.

The meeting between UC-Colorado Springs and FHSU on Sunday will be the final game of a four-game home stand to open the year for UCCS. The Mountain Lions won their first two games last week, 69-61 over Midwestern State (Texas) and 90-62 over Cameron (Okla.). UCCS will play Nebraska-Kearney on Saturday before hosting the Tigers on Sunday. FHSU defeated UCCS 67-51 last year in Hays as FHSU extended its record in the all-time series with UCCS to 12-0.

Governor asks to be removed from Kansas foster care lawsuit

Attorneys for Kansas Gov. Laura Kelly said she’s not responsible for regulating the state’s foster care agencies and shouldn’t be named in a class-action lawsuit. Nomin Ujiyediin / Kansas News Service

BY NOMIN UJIYEDIN
Kansas News Service

Attorneys for Kansas Gov. Laura Kelly have asked a federal court to remove her from a class-action lawsuit over the state’s troubled foster care program, arguing that she doesn’t actually oversee the system.

The move comes as parents and advocates say that the system continues to traumatize the thousands of children in its care.

A year ago, child welfare advocates sued then-Gov. Jeff Colyer and the heads of the state agencies in charge of the foster care system: the Department for Children and Families, the Department of Aging and Disability Services and the Department of Health and Environment. In April 2019, Kelly and the current heads of those agencies replaced them as the defendants in the suit.

The lawsuit alleges that the state failed to provide adequate mental health treatment for Kansas foster children and traumatized them by moving them from house to house, sometimes more than 100 times. The suit was filed on behalf of 10 foster children, who were identified only by their initials.

On Oct. 25, Kelly’s attorneys filed a motion in the U.S. District Court of Kansas, arguing that the governor is protected under the 11th Amendment of the U.S. Constitution, which provides states protection from many lawsuits by private citizens.

Kelly is not responsible for regulating the state’s foster care agencies, the attorneys argued, and is therefore immune from being sued over this issue.

“While Governor Kelly generally oversees her appointees’ administration of the foster care system,” the motion reads, “she does not enforce the statutes or regulations that control the Kansas foster care system.”

Instead, Kelly’s lawyers argued, the heads of state agencies are responsible for overseeing social welfare, mental health, medical care and other duties laid out in state law.

In an email, the governor’s office said it does not comment on pending litigation.

Attorneys for the children suing the state have until Dec. 30 to respond.

Teresa Woody, an attorney for advocacy group Kansas Appleseed, said they plan to file a response opposing the removal of Kelly from the lawsuit.

“It’s not at all uncommon to name the governor in a case like this,” Woody said. “The ultimate responsibility for the executive branch of the state rests with the governor.”

The judge will make the final decision to remove Kelly as a defendant, and it’s not clear when that might happen.

Woody said both sides of the case met Tuesday for mediation.

The governor has previously said she wants to prioritize fixing foster care during her time in office. While she was a state senator, Kelly served on a task force examining the foster care system.

Nomin Ujiyediin reports on criminal justice and social welfare for the Kansas News Service.  Follow her on Twitter @NominUJ or email [email protected]

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