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As Amended by House Committee
Session of 2026
HOUSE BILL No. 2734
By Committee on Child Welfare and Foster Care
Requested by Representative Humphries
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AN ACT concerning children and minors; relating to the revised Kansas
code for care of children; requiring expedited procedures for children
who are under two years of age at the time that a petition is filed
requesting such child be adjudicated to be a child in need of care;
requiring permanency be achieved within 12 months of an out-of-home
placement for such child; requiring the secretary for children and
families and the judicial branch to submit a report to the legislature on
implementing expedited permanency processes; defining a permanent
home for a child under two years of age; prohibiting certain
continuances in such a child's proceeding unless good cause is shown;
establishing a presumption that transfer of venue for a proceeding
would be against such child's best interests; requiring concurrent
adjudication and dispositional hearings for such child; requiring a
permanency hearing for such child be held within three months of
removal from such child's home; directing the court to request certain
information from the secretary at permanency planning hearings for
such child; amending K.S.A. 38-2204, 38-2246, 38-2251 and 38-2253
and K.S.A. 2025 Supp. 38-2264 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The secretary for children and families shall
implement the expedited procedures for permanency for a child under two
years of age at the time a petition is filed requesting such child be
adjudicated to be a child in need of care in consultation with the judicial
branch and each regional office of the Kansas department for children and
families.
(b) This act shall apply to any petitions filed in accordance with
K.S.A. 38-2201 et seq., and amendments thereto, on or after July 1, 2027.
(c) On or before the first day of the 2028 regular session of the
legislature, and each year thereafter, the secretary, in consultation with the
judicial branch, shall submit a written report to the legislature. Such report
shall include an evaluation of effectiveness of expedited procedures and
whether out-of-home placement costs have been avoided as the result of
such implementation.
(d) The secretary, in consultation with the judicial branch, shall
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HB 2734—Am. by HC 2
submit a final report to the legislature on or before the first day of the 2036
regular session of the legislature. Such report shall include any
recommendations concerning the continuation of the expedited
procedures, recommendations on any statutory changes, including, if
necessary, any recommendations for extensions of time required for
statewide implementation and any other information deemed necessary
and appropriate.
(e) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
New Sec. 2. (a) A child under two years of age at the time a petition
is filed requesting such child be adjudicated to be a child in need of care
shall be placed in a permanent home achieve permanency not later than
12 months after the original out-of-home placement unless the court
determines that such placement in such permanent home permanency is
not in the best interests of the child at that time.
(b) In determining whether such delay of placement in a permanent
home permanency is in the best interests of the child, the court shall
determine by clear and convincing evidence that reasonable efforts were
made to find the child an appropriate permanent home permanency and
such a home permanency is not currently available or that the child's
mental or physical needs deem it improbable that such child would have a
successful permanent home placement permanency.
(c) The secretary and the child's guardian ad litem shall provide the
court with a report specifying which services are being provided to the
child in order to remedy concerns demonstrated in subsection (b).
(d) In addition to hearings required by the revised Kansas code for
care of children, the court shall hold a hearing at least every six months
until the child has been placed in a permanent home achieved
permanency.
(e) As used in this section, "permanent home" means the child's
reunification with the child's parents, placement with a relative or kinship
caregiver, placement with a potential adoptive parent, such child has been
appointed a permanent guardian or any other living arrangement or
placement deemed appropriate by the court "permanency" means the
same as "permanency goal" as defined in K.S.A. 38-2202, and
amendments thereto.
(f) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
Sec. 3. K.S.A. 38-2204 is hereby amended to read as follows: 38-
2204. (a) Venue of any case involving a child in need of care shall be in
the county of the child's residence or in the county where the child is
found.
(b) Upon application of any party or interested party and after notice
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to all other parties and interested parties, the court in which the petition
was originally filed alleging that a child is a child in need of care may
order the proceedings transferred to the court of the county where:
(1) The child is physically present;
(2) the parent or parents reside; or
(3) other proceedings are pending in this state concerning custody of
the child. The judge of the court in which the case is pending shall consult
with the judge of the proposed receiving court prior to transfer of the case.
(c) If a child is under two years of age at the time a petition is filed
and the subject of a transfer application pursuant to subsection (b), it
shall be presumed by the court that a transfer without good cause that
results in a delay of judicial proceedings would be detrimental to the
child's best interests. Such presumption may be rebutted by a
preponderance of the evidence.
(d) If the judges do not agree that the case should be transferred or if
a hearing is requested, a hearing shall be held on the desirability of the
transfer, with notice to parties or interested parties, the secretary and the
proposed receiving court. If the judge of the transferring court orders the
case transferred, the order of transfer shall include findings stating why the
case is being transferred and, if available, the names and addresses of all
interested parties to whom the receiving court should provide notice of any
further proceedings. The receiving court shall accept the case. Upon a
judge ordering a transfer of venue, the clerk shall transmit the contents of
the official file and a complete copy of the social file to the court to which
venue is transferred, and, upon receipt of the record, the receiving court
shall assume jurisdiction as if the proceedings were originally filed in that
court. The transferring judge, if an adjudicatory hearing has been held,
shall also transmit recommendations as to disposition. The court may
return the case to the court where it originated if the child is not present in
the receiving county or, the receiving county is not the residence of the
child's parent or parents.
Sec. 4. K.S.A. 38-2251 is hereby amended to read as follows: 38-
2251. (a) If the court finds that the child is not a child in need of care, the
court shall enter an order dismissing the proceedings.
(b) If the court finds that the child is a child in need of care, the court
shall enter an order adjudicating the child to be a child in need of care and
may proceed to enter other orders as authorized by this code.
(c) If such a child is under two years of age at the time a petition is
filed, the court shall hold a dispositional hearing at the same time,
whenever possible. If no such concurrent hearing is held, the court shall
set a dispositional hearing within 30 days after entering an order
adjudicating the child to be a child in need of care, unless good cause for
a continuance is shown.
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(c)(d) A final adjudication or dismissal shall be entered within 60
days from the date of the filing of the petition, unless good cause for a
continuance is shown on the record.
Sec. 5. K.S.A. 38-2246 is hereby amended to read as follows: 38-
2246. (a) All proceedings under this code shall be disposed of without
unnecessary delay. Continuances shall not be granted unless good cause is
shown.
(b) When a child who is the subject of a child in need of care
proceeding is under two years of age at the time a petition is filed, good
cause shall be shown for continuances by clear and convincing evidence.
Sec. 6. K.S.A. 38-2253 is hereby amended to read as follows: 38-
2253. (a) At a dispositional hearing, the court shall receive testimony and
other relevant information with regard to the safety and well being of the
child and may enter orders regarding:
(1) Case planning which sets forth the responsibilities and timelines
necessary to achieve permanency for the child; and
(2) custody of the child.
(b) An order of disposition may be entered at the time of the
adjudication if notice has been provided pursuant to K.S.A. 38-2254, and
amendments thereto, but shall be entered within 30 days following
adjudication, unless delayed for good cause shown.
(c) If the dispositional hearing meets the requirements of K.S.A. 38-
2265, and amendments thereto, the dispositional hearing may serve as a
permanency hearing.
(d)(1) Any dispositional hearing regarding a child who is under two
years of age at the time a petition is filed shall include a permanency plan.
(2)(A) Such a dispositional hearing shall not be continued, unless
good cause is shown and the court finds that the best interests of the child
will be served by granting a continuance.
(B) Whenever any such continuance is granted, the court shall set
forth the specific reasons necessitating the continuance and schedule the
hearing within 30 days after the date of granting the continuance.
(3) If appropriate, in any dispositional hearing regarding a child who
is under two years of age at the time a petition, the court shall include all
other children residing in the same household that resided with such
child who are under two years of age at the time a petition is filed for such
other children.
Sec. 7. K.S.A. 2025 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
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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;
(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
(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; and
(5) if the child is under two years of age at the time a petition is filed,
request the secretary all parties to the proceeding to show good cause
why the court should not order a motion to terminate parental rights. Such
good cause shall include, but not be limited to, that the parent has
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maintained regular parenting or visitation time with the child and the
child would benefit from continuing such time and parental relationship or
the parent does not qualify as unfit pursuant to K.S.A. 38-2269, and
amendments thereto.
(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 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 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 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
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(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, an adoptive parent or in a foster family home.
(f) A permanency hearing shall be held within nine months of the
date the court authorized the child's removal from the home and not less
frequently than every six months thereafter. If the court makes a finding
that the requirements of subsection (c)(1), (2) or (3) have not been met, a
subsequent permanency hearing shall be held not later than 60 days
following the finding.
(g) When a child is under two years of age at the time a petition is
filed, a permanency hearing shall be held within three months of the date
that the court authorized the child's removal from the home.
(h) 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)(i) 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)(j) 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 interests. If reintegration is not
a viable alternative and either adoption 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)(k) 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
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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)(l) 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 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.
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(l)(m) When permanency has been achieved to the satisfaction of the
court, the court shall enter an order closing the case.
Sec. 8. K.S.A. 38-2204, 38-2246, 38-2251 and 38-2253 and K.S.A.
2025 Supp. 38-2264 are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after
January 1, 2027, and its publication in the statute book.
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