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HOUSE BILL No. 2075
AN A CT concerning minors; relating to the revised Kansas code for care of children;
determining when a law enforcement officer may or shall take a child into custody;
requiring the secretary for children and families to provide means for a law
enforcement officer to refer potential cases of abuse or neglect and that the secretary
provide a response to such referrals within 24 hours; requiring the court to review
parent and interested party involvement in permanency planning; requiring that a
permanency hearing for a child in custody of the secretary be held within nine
months of such child's removal from such child's home and subsequent hearings be
held every six months thereafter ; amending K.S.A. 2024 Supp. 38-2231 and 38-2264
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 38-2231 is hereby amended to read
as follows: 38-2231. (a) A law enforcement officer or court services
officer shall take a child under 18 years of age into custody when:
(1) The law enforcement officer or court services officer has a
court order commanding that the child be taken into custody as a child
in need of care; or
(2) the law enforcement officer or court services officer has
probable cause to believe that a court order commanding that the child
be taken into custody as a child in need of care has been issued in this
state or in another jurisdiction.
(b) A law enforcement officer shall take a child under 18 years of
age into custody when the officer:
(1) Reasonably believes the child will be harmed if not
immediately removed from the place or residence where the child has
been found; or
(2) has probable cause to believe that the child is a runaway or a
missing person or a verified missing person entry for the child can be
found in the national crime information center missing person system;
(3) reasonably believes the child is a victim of human trafficking,
aggravated human trafficking or commercial sexual exploitation of a
child; or
(4) reasonably believes the child is experiencing a behavioral
health crisis and is likely to cause harm to self or others.
(c) A law enforcement officer shall explore other options to
separate the child from the source of harm before removal of such child
as provided in subsection (b).
(d) The secretary shall provide an electronic means of
communication for a responding law enforcement officer to refer a
child who may be a victim of abuse or neglect to the secretary. The
secretary shall receive such referrals and, within 24 hours, initiate an
investigation of abuse or neglect and contact the persons who are the
subject of such investigation. Then, within 24 hours of such contact, the
secretary shall respond to the referring law enforcement agency with
the status of the investigation.
(e) A law enforcement officer shall take a child under 18 years of
age into custody when the officer:
(1) Has probable cause to believe that the child is a runaway or a
missing person or a verified missing person entry for the child can be
found in the national crime information center missing person system;
or
(2) reasonably believes that the child is a victim of human
trafficking, aggravated human trafficking or commercial sexual
exploitation of a child.
(f) (1) If a person provides shelter to a child whom the person
knows is a runaway, such person shall promptly report the child's
location either to a law enforcement agency or to the child's parent or
other custodian.
(2) If a person reports a runaway's location to a law enforcement
agency pursuant to this section and a law enforcement officer of the
agency has reasonable grounds to believe that it is in the child's best
interests, the child may be allowed to remain in the place where shelter
is being provided, subject to subsection (b) (e), in the absence of a court
order to the contrary. If the child is allowed to so remain, the law
enforcement agency shall promptly notify the secretary of the child's
HOUSE BILL No. 2075—page 2
location and circumstances.
(d)(g) Except as provided in subsections (a) and, (b) and (e), a law
enforcement officer may temporarily detain and assume temporary
custody of any child subject to compulsory school attendance, pursuant
to K.S.A. 72-3120, and amendments thereto, during the hours school is
actually in session and shall deliver the child pursuant to K.S.A. 38-
2232(g), and amendments thereto.
Sec. 2. K.S.A. 2024 Supp. 38-2264 is hereby amended to read as
follows: 38-2264. (a) A permanency hearing is a proceeding conducted
by the court or by a citizen review board for the purpose of determining
progress toward accomplishment of a permanency plan as established
by K.S.A. 38-2263, and amendments thereto.
(b) The court or a citizen review board shall hear and the court
shall determine whether and, if applicable, when the child will be:
(1) Reintegrated with the child's parents;
(2) placed for adoption;
(3) placed with a permanent custodian;
(4) if the child is 16 years of age or older, placed with a SOUL
family legal permanency custodian; or
(5) if the child is 16 years of age or older and the secretary has
documented compelling reasons why it would not be in the child's best
interests for a placement in one of the placements pursuant to
paragraphs (1) through (4), placed in another planned permanent living
arrangement.
(c) At each permanency hearing, the court shall:
(1) Review with all present parties, including parents and
interested parties, the current permanency goal and, on the record,
inquire of each party whether each party: (A) Participated in the most
recent permanency plan; (B) received a copy of such plan; and (C) has
made reasonable efforts to achieve the permanency goal in place at the
time of the hearing. If a party did not participate in such plan, the
court shall inquire the reasoning for nonparticipation. If a party did
not receive a copy of the most recent permanency plan, the court shall
order the secretary to provide such party with such copy within two
business days of entering such order.
(2) Enter a finding as to whether reasonable efforts have been
made by appropriate public or private agencies to rehabilitate the
family and achieve the permanency goal in place at the time of the
hearing;
(2)(3) enter a finding as to whether the reasonable and prudent
parenting standard has been met and whether the child has regular,
ongoing opportunities to engage in age or developmentally appropriate
activities. The secretary shall report to the court the steps the secretary
is taking to ensure that the child's foster family home or child care
institution is following the reasonable and prudent parenting standard
and that the child has regular, ongoing opportunities to engage in age or
developmentally appropriate activities, including consultation with the
child in an age-appropriate manner about the opportunities of the child
to participate in the activities; and
(3)(4) if the child is 14 years of age or older, document the efforts
made by the secretary to help the child prepare for the transition from
custody to a successful adulthood. The secretary shall report to the
court the programs and services that are being provided to the child that
will help the child prepare for the transition from custody to a
successful adulthood.
(d) The requirements of this subsection shall apply only if the
permanency goal in place at the time of the hearing is another planned
permanent living arrangement as described in subsection (b)(5). At
each permanency hearing held with respect to the child, in addition to
the requirements of subsection (c), the court shall:
(1) Ask the child, if the child is able, by attendance at the hearing
or by report to the court, about the desired permanency outcome for the
child;
(2) document the intensive, ongoing and, as of the date of the
HOUSE BILL No. 2075—page 3
hearing, unsuccessful permanency efforts made by the secretary to
return the child home or secure a placement for the child with a fit and
willing relative, a legal custodian or guardian or an adoptive parent.
The secretary shall report to the court the intensive, ongoing and, as of
the date of the hearing, unsuccessful efforts made by the secretary to
return the child home or secure a placement for the child with a fit and
willing relative, a legal custodian or guardian or an adoptive parent,
including efforts that utilize search technology, including social media,
to find biological family members of the children child; and
(3) make a judicial determination explaining why, as of the date of
the hearing, another planned permanent living arrangement is the best
permanency plan for the child and provide compelling reasons why it
continues to not be in the best interests of the child to return home, be
placed for adoption, be placed with a legal custodian or guardian or be
placed with a fit and willing relative , a legal custodian or guardian or
an adoptive parent.
(e) The requirements of this subsection shall apply only if the
child is placed in a qualified residential treatment program at the time
of the permanency hearing. At each permanency hearing held with
respect to the child, in addition to the requirements of subsection (c),
the court shall document:
(1) That the ongoing assessment of the strengths and needs of the
child continues to support the determination that the needs of the child
cannot be met through placement in a foster family home, that the
placement in a qualified residential treatment program provides the
most effective and appropriate level of care for the child in the least
restrictive environment, and that the placement is consistent with the
short-term and long-term goals for the child, as specified in the
permanency plan for the child;
(2) the specific treatment or service needs that will be met for the
child in the placement and the length of time the child is expected to
need the treatment or services; and
(3) the efforts made by the secretary to prepare the child to return
home or to be placed with a fit and willing relative, a legal custodian or
guardian, or an adoptive parent, or in a foster family home.
(f) A permanency hearing shall be held within 12 nine months of
the date the court authorized the child's removal from the home and not
less frequently than every 12 six months thereafter. If the court makes a
finding that the requirements of subsection (c)(1) or, (2) or (3) have not
been met, a subsequent permanency hearing shall be held no not later
than 60 days following the finding.
(g) If the court determines at any time other than during a
permanency hearing that reintegration may not be a viable alternative
for the child, a permanency hearing shall be held not later than 30 days
following that determination.
(h) When the court finds that reintegration continues to be a viable
alternative, the court shall determine whether and, if applicable, when
the child will be returned to the parent. The court may rescind any of its
prior dispositional orders and enter any dispositional order authorized
by this code or may order that a new plan for the reintegration be
prepared and submitted to the court. If reintegration cannot be
accomplished as approved by the court, the court shall be informed and
shall schedule a hearing pursuant to this section. No such hearing is
required when the parents voluntarily relinquish parental rights or
consent to appointment of a permanent custodian or a SOUL family
legal permanency custodian.
(i) If the court finds reintegration is no longer a viable alternative,
the court shall consider whether: (1) The child is in a stable placement
with a relative; (2) services set out in the case plan necessary for the
safe return of the child have been made available to the parent with
whom reintegration is planned; or (3) compelling reasons are
documented in the case plan to support a finding that neither adoption
nor appointment of a permanent custodian are in the child's best interest
interests. If reintegration is not a viable alternative and either adoption
HOUSE BILL No. 2075—page 4
or appointment of a permanent custodian might be in the best interests
of the child, the county or district attorney or the county or district
attorney's designee shall file a motion to terminate parental rights or a
motion to appoint a permanent custodian within 30 days and the court
shall set a hearing on such motion within 90 days of the filing of such
motion.
(j) If the court enters an order terminating parental rights to a
child, or an agency has accepted a relinquishment pursuant to K.S.A.
59-2124, and amendments thereto, the requirements for permanency
hearings shall continue until an adoption or appointment of a
permanent custodian or a SOUL family legal permanency custodian has
been accomplished and court jurisdiction has been terminated. If the
court determines that reasonable efforts or progress have not been made
toward finding an adoptive placement or appointment of a permanent
custodian or a SOUL family legal permanency custodian or placement
with a fit and willing relative, the court may rescind its prior orders and
make others regarding custody and adoption that are appropriate under
the circumstances. Reports of a proposed adoptive placement need not
contain the identity of the proposed adoptive parents.
(k) If permanency with one parent has been achieved without the
termination of the other parent's rights, the court may, prior to
dismissing the case, enter child custody orders, including residency and
parenting time that the court determines to be in the best interests of the
child. The court shall complete a parenting plan pursuant to K.S.A. 23-
3213, and amendments thereto.
(1) Before entering a custody order under this subsection, the
court shall inquire whether a custody order has been entered or is
pending in a civil custody case by a court of competent jurisdiction
within the state of Kansas.
(2) If a civil custody case has been filed or is pending, a certified
copy of the custody, residency and parenting time orders shall be filed
in the civil custody case. The court in the civil custody case may, after
consultation with the court in the child in need of care case, enter an
order declaring that the custody order in the child in need of care case
shall become the custody order in the civil custody case.
(3) A district court, on its own motion or upon the motion of any
party, may order the consolidation of the child in need of care case with
any open civil custody case involving the child and both of the child's
parents. Custody, residency and parenting time orders entered in
consolidated child in need of care and civil custody cases take
precedence over any previous orders affecting both parents and the
child that were entered in the civil custody case regarding the same or
related issues. Following entry of a custody order in a consolidated
case, the court shall dismiss the child in need of care case and, if
necessary, return the civil custody case to the original court having
jurisdiction over the case.
(4) If no civil custody case has been filed, the court may direct the
parties to file a civil custody case and to file the custody orders from
the child in need of care case in that such civil case. Costs of the civil
custody case may be assessed to the parties.
(5) Nothing in this subsection shall operate to expand access to
information that is confidential under K.S.A. 38-2209, and amendments
thereto, and the confidentiality of such information shall be preserved
in all filings in a civil custody case.
(l) When permanency has been achieved to the satisfaction of the
court, the court shall enter an order closing the case.
HOUSE BILL No. 2075—page 5
Sec. 3. K.S.A. 2024 Supp. 38-2231 and 38-2264 are hereby
repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.