Requiring that a haircare plan is part of the case plan for a child in custody of the secretary for children and family services and requiring the secretary to offer training on culturally competent haircare to caregivers.

Session of 2025
SENATE BILL No. 149
By Committee on Federal and State Affairs
2-3
AN ACT concerning children; relating to the revised Kansas code for care
of children; adding a definition of haircare therein; requiring that a
haircare plan is part of the case plan for a child in custody of the
secretary for children and family services; requiring the secretary to
offer training on culturally competent haircare to foster parents and
kinship caregivers; amending K.S.A. 2024 Supp. 38-2201a and 38-
2202 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Upon designation as a placement for a child
alleged or adjudicated to be in need of care, the secretary shall make
training available within a timely manner of such designation to such
foster parents or kinship caregivers on culturally competent haircare in
order to meet the haircare needs of children in custody of the secretary.
(b) By July 1, 2026, the department shall develop training and
resources to make available for foster parents and other caregivers to
provide culturally competent haircare to youth in custody of the secretary.
(c) A child alleged or adjudicated to be in need of care shall have a
haircare plan included as part of the child's case plan and when age and
developmentally appropriate, such child shall have the right to provide
input and participate in the development of such haircare plan, along with
the child's parents, foster parents, kinship caregivers or case managers if
not contrary to the child's wishes. A haircare plan shall address:
(A) Necessary haircare steps to be taken to preserve the child's
desired connection to the child's gender, race, religion or culture;
(B) necessary steps to be taken specific to the child's haircare needs
during emergency and health-related situations; and
(C) the desires of the child related to the child's haircare;
(d) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
Sec. 2. K.S.A. 2024 Supp. 38-2201a is hereby amended to read as
follows: 38-2201a. (a) This section shall be known and may be cited as the
Representative Gail Finney memorial foster care bill of rights.
(b) Consistent with the policy of the state expressed in K.S.A. 38-
2201 et seq., and amendments thereto, in order to ensure proper care and
protection of a child in need of care in the child welfare system, unless
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SB 149 2
otherwise ordered by the court, such child shall have the right to:
(1) Live in a safe, comfortable placement, in accordance with K.S.A.
38-2255, and amendments thereto:
(A) Where such child lives in the least restrictive environment;
(B) where such child shall be treated with respect, have a place to
store belongings and receive healthy food, adequate clothing and
appropriate personal hygiene products;
(C) with siblings when possible; and
(D) upon proper investigation and consideration in accordance with
K.S.A. 38-2242, and amendments thereto, with a relative, kinship care
placement or someone from such child's community with similar religious
beliefs or ethnic heritage;
(2) have visits with family;
(3) have as few placements as possible;
(4) have and maintain belongings by:
(A) Making a list of belongings to have when placed out of home;
(B) providing such list of belongings to such child's case manager;
(C) bringing such belongings when placed out of home; and
(D) if going on a visit or to a new placement, having belongings
packed and transportable for the visit or move;
(5) have access to all appropriate school supplies, services, tutoring,
extra-curricular, cultural and personal enrichment activities;
(6) attend school daily in accordance with K.S.A. 38-2218, and
amendments thereto;
(7) receive a high school diploma if such child has earned the
standard credits in accordance with K.S.A. 38-2285, and amendments
thereto;
(8) be notified of all hearings held pursuant to the revised Kansas
code for care of children, when age or developmentally appropriate;
(9) attend, in person or virtually, all court hearings held pursuant to
the revised Kansas code for care of children, when age or developmentally
appropriate;
(10) address the court regarding any proposed placement or
placement change in accordance with K.S.A. 38-2262, and amendments
thereto, when age or developmentally appropriate;
(11) have a guardian ad litem represent the best interests of the child,
in accordance with K.S.A. 38-2205, and amendments thereto, and contact
such child regularly;
(12) request an attorney who will represent the position of the child,
if different than the determinations of the guardian ad litem, in accordance
with K.S.A. 38-2205, and amendments thereto;
(13) have privacy to send and receive unopened mail and make and
receive phone calls;
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SB 149 3
(14) have regular and private contact with and access to case
managers, attorneys and advocates;
(15) access accurate and necessary information for such child's well-
being from case managers, guardians and any person who is by law liable
to maintain, care for or support the child;
(16) have a haircare plan included as part of the child's case plan in
accordance with section 1, and amendments thereto; and
(17) have as few changes in case managers as possible;
(17)(18) contact a case manager's supervisor if there is a conflict that
cannot be resolved between such child and such child's case manager;
(18)(19) report a violation of this section without fear of punishment,
interference, coercion or retaliation; and
(19)(20) when transitioning out of the child welfare system:
(A) Be an active participant in developing a transition plan, as
defined in K.S.A. 38-2202, and amendments thereto;
(B) have services and benefits explained;
(C) have a checking or savings account;
(D) learn to manage money, when age or developmentally
appropriate;
(E) learn job skills that are age or developmentally appropriate; and
(F) be involved in life skills training and activities.
(c) Consistent with the policy of the state expressed in K.S.A. 38-
2201 et seq., and amendments thereto, in order to ensure active
participation of foster parents and kinship caregivers as an integral,
indispensable and vital role in the state's efforts to care for children in the
custody of the secretary, unless otherwise ordered by the court, such foster
parents and kinship caregivers shall have the right to:
(1) Be treated by the Kansas department for children and families and
other child welfare system stakeholders with dignity, respect and trust as a
primary provider of care and support and a member of the professional
team caring for a child in the custody of the secretary;
(2) not be discriminated in accordance with the Kansas act against
discrimination, K.S.A. 44-1001, et seq., and amendments thereto, and
federal law;
(3) continue with such foster parents' and kinship caregivers' own
family values and beliefs with consideration given to the special needs of
children who have experienced trauma and separation from their biological
families, if the values and beliefs of the child and the biological family are
respected and not infringed upon;
(4) make decisions concerning the child consistent with the policies,
procedures and other directions of the Kansas department for children and
families and within the limits of state and federal law;
(5) receive standardized preservice training by the Kansas department
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for children and families or the department's designee and at appropriate
intervals to meet mutually assessed needs of the child, such foster parents
and kinship caregivers;
(6) receive timely financial reimbursement and be notified of any
costs or expenses for which such foster parents and kinship caregivers may
be eligible for reimbursement in accordance with K.S.A. 38-2216, and
amendments thereto;
(7) receive information regarding services and contact the Kansas
department for children and families or the department's designee during
regular business hours and, in the event of an emergency, by telephone
after business hours;
(8) receive any information on issues concerning the child and known
to the Kansas department for children and families or the department's
designee that is relevant to the care of the child or that may jeopardize the
health and safety of the foster family, the kinship care placement or the
child or alter the manner in which care and services should be
administered prior to the placement of such child;
(9) discuss known information regarding the child prior to placement
and be provided additional information from the Kansas department for
children and families or the department's designee as such information
becomes available under state and federal law;
(10) refuse placement of a child in such foster parents' and kinship
caregivers' home or request the removal of a child from such foster
parents' and kinship caregivers' home after providing reasonable notice;
(11) receive any available information through the Kansas department
for children and families regarding the number of times a child has been
placed and the reasons for such placements, and receive the names and
phone numbers of any previous placements if such placements have
authorized such a release by law;
(12) receive information from the Kansas department for children and
families that is relevant to the care of a child when the child is placed with
such foster parents and kinship caregivers;
(13) provide input and participate in the case planning process for the
child and participate in and be informed about the planning of visitation
between the child and the child's biological family, recognizing that
visitation with the child's biological family is important, in accordance
with K.S.A. 38-2255, and amendments thereto;
(14) communicate with the child's child welfare case management
provider and share and obtain relevant and appropriate information
regarding such child's placement;
(15) communicate with members of the child's professional team,
including, but not limited to, such child's child welfare management
provider, therapists, physicians and teachers as allowed by rules and
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SB 149 5
regulations and state and federal law, for the purpose of participating in
such child's case plan;
(16) be notified in advance of any court hearing or review where the
case plan or permanency of the child is an issue, including periodic
reviews held by the court, in accordance with the revised Kansas code for
care of children;
(17) be considered as a placement option, if a child who was formerly
placed with such parents or kinship caregivers is in the custody of the
secretary again;
(18) continue contact and communication with a child subsequent to
the child's placement from such foster parents' and kinship caregivers'
home, subject to the approval of the child and the child's biological
parents, if such biological parents' rights have not been terminated;
(19) direct questions to the Kansas department for children and
families regarding information, concerns, policy violations and a
corrective action plan relating to licensure as a family foster home;
(20) have the rights described in this section be given full
consideration when the Kansas department for children and families
develops and approves policies regarding placement and permanency;
(21) submit a report to the court pursuant to K.S.A. 38-2261, and
amendments thereto; and
(22) request a court hearing regarding a change of placement notice
pursuant to K.S.A. 38-2258, and amendments thereto, if a child has been
placed with the same foster parents for six months or longer; and
(23) receive training necessary to meet the haircare needs of a child
placed with the foster parents in accordance with section 1, and
amendments thereto.
(d) (1) The secretary shall provide written and oral notification to
foster youth, foster parents and kinship caregivers of the rights created
under this section and information for filing complaints.
(2) The secretary shall make a list of the rights created under this
section digitally available on the secretary's website.
(3) Each child welfare management provider shall make available
physical and digital copies of a list of the rights created under this section.
(e) This section shall not be construed to create a private right of
action independent of the revised Kansas code for care of children, but
may be enforced through equitable relief as a part of the corresponding
case under the revised Kansas code for care of children.
(f) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
Sec. 3. K.S.A. 2024 Supp. 38-2202 is hereby amended to read as
follows: 38-2202. As used in the revised Kansas code for care of children,
unless the context otherwise indicates:
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(a) "Abandon" or "abandonment" means to forsake, desert or, without
making appropriate provision for substitute care, cease providing care for
the child.
(b) "Adult correction facility" means any public or private facility,
secure or nonsecure, that is used for the lawful custody of accused or
convicted adult criminal offenders.
(c) "Aggravated circumstances" means the abandonment, torture,
chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
(d) "Child in need of care" means a person less than 18 years of age
at the time of filing of the petition or issuance of an ex parte protective
custody order pursuant to K.S.A. 38-2242, and amendments thereto, who:
(1) Is without adequate parental care, control or subsistence and the
condition is not due solely to the lack of financial means of the child's
parents or other custodian;
(2) is without the care or control necessary for the child's physical,
mental or emotional health;
(3) has been physically, mentally or emotionally abused or neglected
or sexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-3421 or 72-3120,
and amendments thereto;
(7) except in the case of a violation of K.S.A. 41-727, 74-8810(j), 79-
3321(m) or (n), or K.S.A. 21-6301(a)(14), and amendments thereto, or,
except as provided in paragraph (12), does an act which, when committed
by a person under 18 years of age, is prohibited by state law, city
ordinance or county resolution, but which is not prohibited when done by
an adult;
(8) while less than 10 years of age, commits any act that if done by an
adult would constitute the commission of a felony or misdemeanor as
defined by K.S.A. 21-5102, and amendments thereto;
(9) is willfully and voluntarily absent from the child's home without
the consent of the child's parent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a
court ordered or designated placement, or a placement pursuant to court
order, if the absence is without the consent of the person with whom the
child is placed or, if the child is placed in a facility, without the consent of
the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another
person under 18 years of age, who has been physically, mentally or
emotionally abused or neglected, or sexually abused;
(12) while less than 10 years of age commits the offense defined in
K.S.A. 21-6301(a)(14), and amendments thereto;
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(13) has had a permanent custodian appointed and the permanent
custodian is no longer able or willing to serve; or
(14) has been subjected to an act that would constitute human
trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426,
and amendments thereto, or commercial sexual exploitation of a child, as
defined by K.S.A. 21-6422, and amendments thereto, or has committed an
act which, if committed by an adult, would constitute selling sexual
relations, as defined by K.S.A. 21-6419, and amendments thereto.
(e) "Child abuse medical resource center" means a medical institution
affiliated with an accredited children's hospital or a recognized institution
of higher education that has an accredited medical school program with
board-certified child abuse pediatricians who provide training, support,
mentoring and peer review to CARE providers on CARE exams.
(f) "Child abuse review and evaluation exam" or "CARE exam"
means a forensic medical evaluation of a child alleged to be a victim of
abuse or neglect conducted by a CARE provider.
(g) "Child abuse review and evaluation network" or "CARE network"
means a network of CARE providers, child abuse medical resource centers
and any medical provider associated with a child advocacy center that has
the ability to conduct a CARE exam that collaborate to improve services
provided to a child alleged to be a victim of abuse or neglect.
(h) "Child abuse review and evaluation provider" or "CARE
provider" means a person licensed to practice medicine and surgery,
advanced practice registered nurse or licensed physician assistant who
performs CARE exams of and provides medical diagnosis and treatment to
a child alleged to be a victim of abuse or neglect and who receives:
(1) Kansas-based initial intensive training regarding child
maltreatment from the CARE network;
(2) continuous trainings on child maltreatment from the CARE
network; and
(3) peer review and new provider mentoring regarding medical
evaluations from a child abuse medical resource center.
(i) "Child abuse review and evaluation referral" or "CARE referral"
means a brief written review of allegations of physical abuse, emotional
abuse, medical neglect or physical neglect submitted by the secretary or
law enforcement agency to a child abuse medical resource center for a
recommendation of such child's need for medical care that may include a
CARE exam.
(j) "Citizen review board" is a group of community volunteers
appointed by the court and whose duties are prescribed by K.S.A. 38-2207
and 38-2208, and amendments thereto.
(k) "Civil custody case" includes any case filed under chapter 23 of
the Kansas Statutes Annotated, and amendments thereto, the Kansas
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family law code, article 11 of chapter 38 of the Kansas Statutes Annotated,
and amendments thereto, determination of parentage, article 21 of chapter
59 of the Kansas Statutes Annotated, and amendments thereto, adoption
and relinquishment act, or article 30 of chapter 59 of the Kansas Statutes
Annotated, and amendments thereto, guardians and conservators.
(l) "Court-appointed special advocate" means a responsible adult
other than an attorney guardian ad litem who is appointed by the court to
represent the best interests of a child, as provided in K.S.A. 38-2206, and
amendments thereto, in a proceeding pursuant to this code.
(m) "Custody" whether temporary, protective or legal, means the
status created by court order or statute that vests in a custodian, whether an
individual or an agency, the right to physical possession of the child and
the right to determine placement of the child, subject to restrictions placed
by the court.
(n) "Extended out of home placement" means a child has been in the
custody of the secretary and placed with neither parent for 15 of the most
recent 22 months beginning 60 days after the date at which a child in the
custody of the secretary was removed from the child's home.
(o) "Educational institution" means all schools at the elementary and
secondary levels.
(p) "Educator" means any administrator, teacher or other professional
or paraprofessional employee of an educational institution who has
exposure to a pupil specified in K.S.A. 72-6143(a), and amendments
thereto.
(q) "Harm" means physical or psychological injury or damage.
(r) "Haircare" means all care related to the maintenance of hair,
including, but not limited to, a daily maintenance routine, washing,
cutting, styling or dyeing of hair.
(s) "Interested party" means the grandparent of the child, a person
with whom the child has been living for a significant period of time when
the child in need of care petition is filed, and any person made an
interested party by the court pursuant to K.S.A. 38-2241, and amendments
thereto, or Indian tribe seeking to intervene that is not a party.
(s)(t) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an adult
jail or lockup, unless the facility meets all applicable standards and
licensure requirements under law and there is: (A) Total separation of the
juvenile and adult facility spatial areas such that there could be no
haphazard or accidental contact between juvenile and adult residents in the
respective facilities; (B) total separation in all juvenile and adult program
activities within the facilities, including recreation, education, counseling,
health care, dining, sleeping and general living activities; and (C) separate
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juvenile and adult staff, including management, security staff and direct
care staff such as recreational, educational and counseling.
(t)(u) "Juvenile detention facility" means any secure public or private
facility used for the lawful custody of accused or adjudicated juvenile
offenders that must not be a jail.
(u)(v) "Juvenile intake and assessment worker" means a responsible
adult authorized to perform intake and assessment services as part of the
intake and assessment system established pursuant to K.S.A. 75-7023, and
amendments thereto.
(v)(w) "Kinship care placement" means the placement of a child in
the home of an adult with whom the child or the child's parent already has
close emotional ties.
(w)(x) "Kinship caregiver" means an adult who the secretary has
selected for placement for a child in need of care with whom the child or
the child's parent already has close emotional ties.
(x)(y) "Law enforcement officer" means any person who by virtue of
office or public employment is vested by law with a duty to maintain
public order or to make arrests for crimes, whether that duty extends to all
crimes or is limited to specific crimes.
(y)(z) "Multidisciplinary team" means a group of persons, appointed
by the court under K.S.A. 38-2228, and amendments thereto, that has
knowledge of the circumstances of a child in need of care.
(z)(aa) "Neglect" means acts or omissions by a parent, guardian or
person responsible for the care of a child resulting in harm to a child, or
presenting a likelihood of harm, and the acts or omissions are not due
solely to the lack of financial means of the child's parents or other
custodian. Neglect may include, but shall not be limited to:
(1) Failure to provide the child with food, clothing or shelter
necessary to sustain the life or health of the child;
(2) failure to provide adequate supervision of a child or to remove a
child from a situation that requires judgment or actions beyond the child's
level of maturity, physical condition or mental abilities and that results in
bodily injury or a likelihood of harm to the child; or
(3) failure to use resources available to treat a diagnosed medical
condition if such treatment will make a child substantially more
comfortable, reduce pain and suffering, or correct or substantially diminish
a crippling condition from worsening. A parent legitimately practicing
religious beliefs who does not provide specified medical treatment for a
child because of religious beliefs shall, not for that reason, be considered a
negligent parent; however, this exception shall not preclude a court from
entering an order pursuant to K.S.A. 38-2217(a)(2), and amendments
thereto.
(aa)(bb) "Parent" when used in relation to a child or children,
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includes a guardian and every person who is by law liable to maintain,
care for or support the child.
(bb)(cc) "Party" means the state, the petitioner, the child, any parent
of the child and an Indian child's tribe intervening pursuant to the Indian
child welfare act.
(cc)(dd) "Permanency goal" means the outcome of the permanency
planning process, which may be reintegration, adoption, appointment of a
permanent custodian, establishment of SOUL family legal permanency or
another planned permanent living arrangement.
(dd)(ee) "Permanent custodian" means a judicially approved
permanent guardian of a child pursuant to K.S.A. 38-2272, and
amendments thereto.
(ee)(ff) "Physical, mental or emotional abuse" means the infliction of
physical, mental or emotional harm or the causing of a deterioration of a
child and may include, but shall not be limited to, maltreatment or
exploiting a child to the extent that the child's health or emotional well-
being is endangered.
(ff)(gg) "Placement" means the designation by the individual or
agency having custody of where and with whom the child will live.
(gg)(hh) "Qualified residential treatment program" means a program
designated by the secretary for children and families as a qualified
residential treatment program pursuant to federal law.
(hh)(ii) "Reasonable and prudent parenting standard" means the
standard characterized by careful and sensible parental decisions that
maintain the health, safety and best interests of a child while at the same
time encouraging the emotional and developmental growth of the child,
that a caregiver shall use when determining whether to allow a child in
foster care under the responsibility of the state to participate in
extracurricular, enrichment, cultural and social activities.
(ii)(jj) "Relative" means a person related by blood, marriage or
adoption.
(jj)(kk) "Runaway" means a child who is willfully and voluntarily
absent from the child's home without the consent of the child's parent or
other custodian.
(kk)(ll) "Secretary" means the secretary for children and families or
the secretary's designee.
(ll)(mm) "Secure facility" means a facility, other than a staff secure
facility or juvenile detention facility, that is operated or structured so as to
ensure that all entrances and exits from the facility are under the exclusive
control of the staff of the facility, whether or not the person being detained
has freedom of movement within the perimeters of the facility, or that
relies on locked rooms and buildings, fences or physical restraint in order
to control behavior of its residents. No secure facility shall be in a city or
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county jail.
(mm)(nn) "Sexual abuse" means any contact or interaction with a
child in which the child is being used for the sexual stimulation of the
perpetrator, the child or another person. Sexual abuse shall include, but is
not limited to, allowing, permitting or encouraging a child to:
(1) Be photographed, filmed or depicted in pornographic material; or
(2) be subjected to aggravated human trafficking, as defined in
K.S.A. 21-5426(b), and amendments thereto, if committed in whole or in
part for the purpose of the sexual gratification of the offender or another,
or be subjected to an act that would constitute conduct proscribed by
article 55 of chapter 21 of the Kansas Statutes Annotated or K.S.A. 21-
6419 or 21-6422, and amendments thereto.
(nn)(oo) "Shelter facility" means any public or private facility or
home, other than a juvenile detention facility or staff secure facility, that
may be used in accordance with this code for the purpose of providing
either temporary placement for children in need of care prior to the
issuance of a dispositional order or longer term care under a dispositional
order.
(oo)(pp) "Support, opportunity, unity, legal relationships family legal
permanency" or "SOUL family legal permanency" means the appointment
of one or more adults, approved by a child who is 16 years of age or older
and the subject of a child in need of care proceeding, pursuant to K.S.A.
38-2272a, and amendments thereto.
(pp)(qq) "Staff secure facility" means a facility described in K.S.A.
65-535, and amendments thereto: (1) That does not include construction
features designed to physically restrict the movements and activities of
juvenile residents who are placed therein; (2) that may establish reasonable
rules restricting entrance to and egress from the facility; and (3) in which
the movements and activities of individual juvenile residents may, for
treatment purposes, be restricted or subject to control through the use of
intensive staff supervision. No staff secure facility shall be in a city or
county jail.
(qq)(rr) "Transition plan" means, when used in relation to a youth in
the custody of the secretary, an individualized strategy for the provision of
medical, mental health, education, employment and housing supports as
needed for the adult and, if applicable, for any minor child of the adult, to
live independently and specifically provides for the supports and any
services for which an adult with a disability is eligible including, but not
limited to, funding for home and community based services waivers.
(rr)(ss) "Youth residential facility" means any home, foster home or
structure that provides 24-hour-a-day care for children and that is licensed
pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and
amendments thereto.
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(ss)(tt) "Behavioral health crisis" means behavioral and conduct
issues that impact the safety or health of a child, members of the child's
household or family or members of the community, including, but not
limited to, non-life threatening mental health and substance abuse
concerns.
Sec. 4. K.S.A. 2024 Supp. 38-2201a and 38-2202 are hereby
repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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