In a briefing for state lawmakers, officials said about 300 cases had been moved from the Omaha-based PromiseShip to the Salina, Kansas, nonprofit, along with 20 case managers since Monday.

The judge’s order said public entities have broad discretion when selecting contractors. He said PromiseShip appeared unlikely to be able to prove that the choice of St. Francis was “arbitrary or motivated by favoritism, ill will or fraud.”

St. Francis Ministries, based in Salina, Kansas, offered to handle child welfare case management in Douglas and Sarpy Counties over five years for $197 million, less than 60% of the $341 million bid from PromiseShip. The two were the only bidders for the contract.

HHS released the report days after announcing its intent to award a new five-year case management contract to St. Francis Ministries, formerly known as St. Francis Community Services, based in Salina, Kansas.

Concerns noted in a review by the state include: Many workers have more cases than allowed under state law; St. Francis does not have as many foster care beds as its contract requires; St. Francis has not implemented any new services to help the state comply with federal law.