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Session of 2026
Substitute for Substitute for HOUSE BILL No. 2132
By Committee on Child Welfare and Foster Care
2-4
AN ACT concerning children and 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; amending K.S.A. 2025 Supp.
38-2231 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 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 may 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) 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
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Sub for Sub HB 2132 2
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 (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 location and
circumstances.
(g) Except as provided in subsections (a), (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. 2025 Supp. 38-2231 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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