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SENATE BILL No. 408
AN A CT concerning children and minors; relating to acknowledgment and claims of
paternity; authorizing a challenge to a voluntary acknowledgment of paternity as
soon as practicable after discovery of fraud, duress or mistake of fact; specifying that
certain genetic testing results shall constitute a change of circumstances that warrants
a court finding of material mistake of fact; providing for recovery of actual damages
in exceptional circumstances; relating to the revised Kansas code for care of children;
creating a referral process for cases involving children of military personnel to
provide families with services that a military family advocacy program offers;
requiring the secretary for children and families to enter into a memorandum of
understanding with military organizations; amending the definition of child in need
of care to exclude a child engaging in age-appropriate independent activities;
excluding a child engaging in independent activities from the crime of endangering a
child; amending K.S.A. 23-2204, 23-2209, 23-2215, 23-3207, 38-2230, 38-2232, 38-
2242, 38-2260 and 38-2271 and K.S.A. 2025 Supp. 21-5601, 38-2202 and 38-2243
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) When the secretary for children and families
makes an investigation pursuant to K.S.A. 38-2230, and amendments
thereto, and the child who is the subject of the investigation has a
parent or legal guardian who is a military personnel, the secretary shall
make a referral to the appropriate military organization to provide the
family with services that a military advocacy program offers.
(b) The secretary shall enter into a memorandum of understanding
with each of the following military organizations for the purpose of
referring cases involving children with a parent or legal guardian who
is a military personnel to a military family advocacy program for
services: United States Army Garrison, Fort Riley; McConnell Air
Force Base; United States Army Garrison, Fort Leavenworth, including
Munson Army Health Center; and the Kansas National Guard. The
memorandum of understanding shall include:
(1) A method for identifying whether a child has a parent or legal
guardian who is a military personnel;
(2) the process for referring identified cases to the military family
advocacy program;
(3) a requirement that the secretary notify the military family
advocacy program when the secretary has referred a case involving a
child with a parent or legal guardian who is a military personnel to the
county or district attorney for the purpose of filing a petition pursuant
to K.S.A. 38-2233, and amendments thereto; and
(4) provisions that require compliance with confidentiality
requirements in state and federal law.
(c) Nothing in this section shall prevent the secretary for children
and families from taking action to protect the health and welfare of the
child as necessary, including recommending to the county or district
attorney that a petition be filed pursuant to K.S.A. 38-2233, and
amendments thereto.
(d) As used in this section, "military family advocacy program"
means a program established by the United States department of
defense and provided at a military installation to address child abuse
and neglect in military families.
(e) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
Sec. 2. K.S.A. 2025 Supp. 21-5601 is hereby amended to read as
follows: 21-5601. (a) Endangering a child is knowingly and
unreasonably causing or permitting a child under the age of 18 years to
be placed in a situation in which the child's life, body or health may be
endangered.
(b) Aggravated endangering a child is:
(1) Recklessly causing or permitting a child under the age of 18
years to be placed in a situation in which the child's life, body or health
is endangered;
SENATE BILL No. 408—page 2
(2) causing or permitting such child to be in an environment where
the person knows or reasonably should know that any person is
distributing, possessing with intent to distribute, manufacturing or
attempting to manufacture any methamphetamine or any fentanyl-
related controlled substance; or
(3) causing or permitting such child to be in an environment where
the person knows or reasonably should know that:
(A) Drug paraphernalia or volatile, toxic or flammable chemicals
are stored or used for the purpose of manufacturing or attempting to
manufacture any methamphetamine; or
(B) drug paraphernalia or toxic materials, compounds or mixtures
are stored or used for the purpose of manufacturing or attempting to
manufacture any fentanyl-related controlled substance.
(c) (1) Endangering a child is a class A person misdemeanor.
(2) Aggravated endangering a child is a:
(A) Severity level 9, person felony except as provided in
subsection (c)(2)(B); and
(B) severity level 6, person felony when bodily harm is inflicted
upon the child.
(3) The sentence for a violation of aggravated endangering a child
shall be served consecutively to any other term or terms of
imprisonment imposed. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(d) Nothing in subsection (a) shall be construed to mean a child is
endangered for the sole reason the child's parent or guardian,:
(1) In good faith, selects and depends upon spiritual means alone
through prayer, in accordance with the tenets and practice of a
recognized church or religious denomination, for the treatment or cure
of disease or remedial care of such child; or
(2) permits or fails to prohibit a child from engaging in
independent activity as described in K.S.A. 38-2202, and amendments
thereto, unless such parent or guardian has knowingly or recklessly
disregarded an obvious danger to the child given the child's age,
maturity and physical or mental abilities.
(e) As used in this section:
(1) "Drug paraphernalia," "fentanyl-related controlled substance"
and "manufacture" mean the same as defined in K.S.A. 21-5701, and
amendments thereto; and
(2) "methamphetamine" means any substance designated in
K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or any analog
thereof.
Sec. 3. K.S.A. 23-2204 is hereby amended to read as follows: 23-
2204. (a) The father of a child born to an unmarried mother may
complete an acknowledgment of paternity that shall include the consent
of such mother and the written descriptions required by subsection (b).
(b) The state registrar of vital statistics, in conjunction with the
secretary for children and families, shall review and, as needed, revise
the acknowledgment of paternity forms for use under K.S.A. 23-2223
and K.S.A. 65-2409a, and amendments thereto. The acknowledgment
of paternity forms shall include or have attached a written description
pursuant to subsection (b) of the rights and responsibilities of
acknowledging paternity.(b) A Such written description of the rights
and responsibilities of acknowledging paternity shall state the
following:
(1) An acknowledgment of paternity creates a permanent father
and child relationship which that can only be ended by court order. A
person who wants to revoke the acknowledgment of paternity must
shall file the request with the court before the child is one year old,
unless the person was under age 18 when the acknowledgment of
SENATE BILL No. 408—page 3
paternity was signed . A person under age 18 years of age when the
acknowledgment was signed has until one year after his or her such
person's 18th birthday to file a request, but if the child is more than one
year old then , the judge will shall first consider the child's best
interests. The person will have to show that the acknowledgment was
based on fraud, duress (threat) or an important mistake of fact, unless
the request is filed within A person over 18 years of age when the
acknowledgment was signed has until 60 days of after signing the
acknowledgment or before any court hearing about the child prior to
the date of any administrative or judicial proceeding relating to the
child to establish a support order, whichever is earlier, to file a request.
After these deadlines, the person will have to show that the
acknowledgment was based on fraud, duress or a material mistake of
fact and the judge shall first consider the child's best interests;
(2) both the father and the mother are responsible for the care and
support of the child. If necessary, this duty may be enforced through
legal action such as a child support order, an order to pay birth or other
medical expenses of the child or an order to repay government
assistance payments for the child's care. A parent's willful failure to
support the parent's child is a crime;
(3) both the father and the mother have rights of custody and
parenting time with the child unless a court order changes their rights.
Custody, residency and parenting time may be spelled out in a court
order and enforced;
(4) both the father and the mother have the right to consent to
medical treatment for the child unless a court order changes those
rights;
(5) the child may inherit from the father and the father's family or
from the mother and the mother's family. The child may receive public
benefits, including, but not limited to, social security or private
benefits, including, but not limited to, insurance or workers
compensation because of the father-child or mother-child relationship;
(6) the father or the mother may be entitled to claim the child as a
dependent for tax or other purposes. The father or the mother may
inherit from the child or the child's descendants; and
(7) each parent has the right to sign or not sign an
acknowledgment of paternity. Each parent has the right to talk with an
attorney before signing an acknowledgment of paternity. Each parent
has the right to be represented by an attorney in any legal action
involving paternity or their rights or duties as a parent. Usually, each
person is responsible for hiring the person's own attorney.
(c) Any duty to disclose rights or responsibilities related to signing
an acknowledgment of paternity shall have been met by furnishing the
written disclosures of subsection (b). Any duty to disclose orally the
rights or responsibilities related to signing an acknowledgment of
paternity may be met by means of an audio recording of the disclosures
of subsection (b).
(d) An acknowledgment of paternity completed prior to July 1,
1994, without the written disclosures of subsection (b) is not invalid
solely for that reason and may create a presumption of paternity
pursuant to K.S.A. 23-2208, and amendments thereto. Nothing in
K.S.A. 23-2202 through 23-2204, and amendments thereto, shall
decrease the validity, force or effect of an acknowledgment of paternity
executed in this state prior to the effective date of this act July 1, 1994.
(e) Upon request, the state registrar of vital statistics shall provide
a certified copy of the acknowledgment of paternity to an office
providing IV-D program services.
(f) An acknowledgment of paternity described in subsection (a)
creates a permanent father and child relationship without the
SENATE BILL No. 408—page 4
requirement of further adjudication.
Sec. 4. K.S.A. 23-2209 is hereby amended to read as follows: 23-
2209. (a) A child or any person on behalf of such a child , may bring an
action:
(1) At any time to determine the existence of a father and child
relationship presumed under K.S.A. 23-2208, and amendments thereto;
or
(2) at any time until three years after the child reaches the age of
majority to determine the existence of a father and child relationship
which is not presumed under K.S.A. 23-2208, and amendments thereto.
(b) When authorized under K.S.A. 39-755 or 39-756, and
amendments thereto, the secretary for children and families may bring
an action at any time during a child's minority to determine the
existence of the father and child relationship.
(c) This section does not extend the time within which a right of
inheritance or a right to a succession may be asserted beyond the time
provided by law relating to the probate of estates or determination of
heirship.
(d) Any agreement between an alleged or presumed father and the
mother or child does not bar an action under this section.
(e) Except as otherwise provided in this subsection, if an
acknowledgment of paternity pursuant to K.S.A. 23-2204, and
amendments thereto, has been completed the man named as the father,
the mother or the child may bring an action to revoke the
acknowledgment of paternity at any time until one year after the child's
date of birth (1) Except as provided in paragraph (2), a signed and
witnessed voluntary acknowledgment of paternity pursuant to K.S.A.
23-2204, and amendments thereto, shall be considered a legal finding
of paternity subject to the right of any signatory to revoke the
acknowledgment within the earlier of the following:
(A) 60 days after completion of such acknowledgment; or
(B) prior to the date of any administrative or judicial proceeding
relating to the child in which the signatory is a party, including, but not
limited to, a proceeding to establish a support order.
(2) A person who was under 18 years of age when such person
signed an acknowledgment of paternity may challenge such
acknowledgment until such person turns 19 years of age. If the child is
more than one year of age at the time of such challenge, the court shall
first consider the child's best interests before revoking such
acknowledgment of paternity.
(3) (A) After the deadline to revoke an acknowledgment of
paternity pursuant to paragraph (1) or (2), such acknowledgment may
be challenged only on the basis of fraud, duress or material mistake of
fact. For the purposes of this subsection, genetic test results with a
verifiable chain of custody that exclude a signatory father or that
rebuttably identify another man as the father in accordance with K.S.A.
23-2208, and amendments thereto, shall constitute a change of
circumstances that warrants a material mistake of fact finding by the
court.
(B) Notwithstanding any other provision of law to the contrary, a
person seeking to revoke an acknowledgment of paternity on the basis
of fraud, duress or material mistake of fact may file such request in an
appropriate district court after the fraud, duress or material mistake of
fact becomes known to such person and shall file such request as soon
as practicable after such fraud, duress or material mistake of fact
becomes known. Such person shall have the burden of proving the
fraud, duress or material mistake of fact, and the court shall first
consider the child's best interests before revoking an acknowledgment
of paternity.
SENATE BILL No. 408—page 5
(4) The legal responsibilities, including any child support
obligation, of any signatory arising from the acknowledgment of
paternity shall not be suspended during the action, except for good
cause shown. If the person bringing the action was a minor at the time
the acknowledgment of paternity was completed, the action to revoke
the acknowledgment of paternity may be brought at any time until one
year after that person attains age 18, unless the court finds that the child
is more than one year of age and that revocation of the
acknowledgment of paternity is not in the child's best interest.
The person requesting revocation must show, and shall have the
burden of proving, that the acknowledgment of paternity was based
upon fraud, duress or material mistake of fact unless the action to
revoke the acknowledgment of paternity is filed before the earlier of 60
days after completion of the acknowledgment of paternity or the date of
a proceeding relating to the child in which the signatory is a party,
including, but not limited to, a proceeding to establish a support order.
(5) If a court of this state has assumed jurisdiction over the matter
of the child's paternity or the duty of a man to support the child, that
court shall have exclusive jurisdiction to determine whether an
acknowledgment of paternity may be revoked under this subsection.
(6) If an acknowledgment of paternity has been revoked under is
revoked pursuant to this subsection, it such revocation shall not give
rise to a presumption of paternity pursuant to K.S.A. 23-2208, and
amendments thereto. Nothing in this subsection shall prevent a court
from admitting a revoked acknowledgment of paternity into evidence
for any other purpose.
(7) If there has been an assignment of the child's support rights
pursuant to K.S.A. 39-709, and amendments thereto, the secretary for
children and families shall be a necessary party to any action under this
subsection.
(8) If a court orders revocation of an acknowledgment of paternity
pursuant to this subsection and the party seeking revocation has a
child support obligation or has paid child support, any support paid
prior to the entry of such order shall not be recoverable in any action.
The court that orders such revocation may make a written finding that
exceptional circumstances warrant the award of actual damages
sustained by the party seeking revocation. In determining such actual
damages, the court may consider all of the facts and circumstances of
the case, including, but not limited to, the amount of support paid prior
to the entry of such order.
(f) The amendments to this section by this act shall be construed
and applied retroactively.
Sec. 5. K.S.A. 23-3207 is hereby amended to read as follows: 23-
3207. After making a determination of the legal custodial arrangements,
the court shall determine the residency of the child from the following
options, which arrangement the court must find to be in the best interest
of the child. The parties shall submit to the court either an agreed
parenting plan or, in the case of dispute, proposed parenting plans for
the court's consideration. Such options are:
(a) Residency. The court may order a residential arrangement in
which the child resides with one or both parents on a basis consistent
with the best interests of the child.
(b) Divided residency. In an exceptional case, the court may order
a residential arrangement in which one or more children reside with
each parent and have parenting time with the other.
(c) Nonparental residency. If during the proceedings the court
determines that there is probable cause to believe that the child is a
child in need of care as defined by subsections K.S.A. 38-2202 (d)(1)
(A), (d)(2)(d)(1)(B), (d)(3)(D)(1)(C) or (d)(11) of K.S.A. 38-2202(d)(1)
SENATE BILL No. 408—page 6
(K), and amendments thereto, or that neither parent is fit to have
residency, the court may award temporary residency of the child to a
grandparent, aunt, uncle or adult sibling, or, another person or agency if
the court finds by written order that:
(1) (A) The child is likely to sustain harm if not immediately
removed from the home;
(B) allowing the child to remain in the home is contrary to the
welfare of the child; or
(C) immediate placement of the child is in the best interest of the
child; and
(2) reasonable efforts have been made to maintain the family unit
and prevent the unnecessary removal of the child from the child's home
or that an emergency exists which that threatens the safety of the child.
In making such a residency order, the court shall give preference, to the
extent that the court finds it is in the best interests of the child, first to
awarding such residency to a relative of the child by blood, marriage or
adoption and second to awarding such residency to another person with
whom the child has close emotional ties. The court may make
temporary orders for care, support, education and visitation that it
considers appropriate. Temporary residency orders are to be entered in
lieu of temporary orders provided for in K.S.A. 38-2243 and 38-2244,
and amendments thereto, and shall remain in effect until there is a final
determination under the revised Kansas code for care of children. An
award of temporary residency under this paragraph shall not terminate
parental rights nor give the court the authority to consent to the
adoption of the child. When the court enters orders awarding temporary
residency of the child to an agency or a person other than the parent,
the court shall refer a transcript of the proceedings to the county or
district attorney. The county or district attorney shall file a petition as
provided in K.S.A. 38-2234, and amendments thereto, and may request
termination of parental rights pursuant to K.S.A. 38-2266, and
amendments thereto. The costs of the proceedings shall be paid from
the general fund of the county. When a final determination is made that
the child is not a child in need of care, the county or district attorney
shall notify the court in writing and the court, after a hearing, shall
enter appropriate custody orders pursuant to this article. If the same
judge presides over both proceedings, the notice is not required. Any
order pursuant to the revised Kansas code for care of children shall take
precedence over any order under this article.
Sec. 6. K.S.A. 23-2215 is hereby amended to read as follows: 23-
2215. (a) The judgment or order of the court determining the existence
or nonexistence of the parent and child relationship is determinative for
all purposes, but if any person necessary to determine the existence of a
father and child relationship for all purposes has not been joined as a
party, a determination of the paternity of the child shall have only the
force and effect of a finding of fact necessary to determine a party's
duty of support.
(b) If the judgment or order of the court is at variance with the
child's birth certificate, the court shall order that a new birth certificate
be issued, but only if any man named as the father on the birth
certificate is a party to the action.
(c) Upon adjudging that a party is the parent of a minor child, the
court shall make provision for support and education of the child under
article 30 of chapter 23 of the Kansas Statutes Annotated, and
amendments thereto. The court may order the payment of all or a
portion of the necessary medical expenses incident to the child's birth.
The court may order the support and education expenses to be paid by
either or both parents for the minor child.
(d) If both parents are parties to the action, the court shall enter
SENATE BILL No. 408—page 7
such orders regarding custody, residency and parenting time as the
court considers to be in the best interest of the child.
If the parties have an agreed parenting plan it shall be presumed the
agreed parenting plan is in the best interest of the child. This
presumption may be overcome and the court may make a different
order if the court makes specific findings of fact stating why the agreed
parenting plan is not in the best interest of the child. If the parties are
not in agreement on a parenting plan, each party shall submit a
proposed parenting plan to the court for consideration at such time
before the final hearing as may be directed by the court.
(e) If during the proceedings the court determines that there is
probable cause to believe that the child is a child in need of care, as
defined by subsections (d)(1), (d)(2), (d)(3) or (d)(11) of K.S.A. 38-
2202(d)(1)(A), (d)(1)(B), (d)(1)(C) or (d)(1)(K), and amendments
thereto, or that neither parent is fit to have residency, the court may
award temporary residency of the child to a grandparent, aunt, uncle or
adult sibling, or another person or agency if the court finds by written
order that: (1) (A) The child is likely to sustain harm if not immediately
removed from the home; (B) allowing the child to remain in home is
contrary to the welfare of the child; or (C) immediate placement of the
child is in the best interest of the child; and (2) reasonable efforts have
been made to maintain the family unit and prevent the unnecessary
removal of the child from the child's home or that an emergency exists
which that threatens the safety of the child. In making such a residency
order, the court shall give preference, to the extent that the court finds it
is in the best interests of the child, first to awarding such residency to a
relative of the child by blood, marriage or adoption and second to
awarding such residency to another person with whom the child has
close emotional ties. The court may make temporary orders for care,
support, education and visitation that it considers appropriate.
Temporary residency orders are to be entered in lieu of temporary
orders provided for in K.S.A. 38-2243 and 38-2244, and amendments
thereto, and shall remain in effect until there is a final determination
under the revised Kansas code for care of children. An award of
temporary residency under this subsection shall not terminate parental
rights nor give the court the authority to consent to the adoption of the
child. When the court enters orders awarding temporary residency of
the child to an agency or a person other than the parent, the court shall
refer a transcript of the proceedings to the county or district attorney.
The county or district attorney shall file a petition as provided in K.S.A.
38-2234, and amendments thereto, and may request termination of
parental rights pursuant to K.S.A. 38-2266, and amendments thereto.
The costs of the proceedings shall be paid from the general fund of the
county. If a final determination is made that the child is not a child in
need of care, the county or district attorney shall notify the court in
writing and the court, after a hearing, shall enter appropriate custody
orders pursuant to this section. If the same judge presides over both
proceedings, the notice is not required. Any order pursuant to the
revised Kansas code for care of children shall take precedence over any
similar order under this section.
(f) (1) In entering an original order for support of a child under
this section, the court may award an additional judgment to the mother
or any other party who made expenditures for support and education of
the child from the date of birth to the date the order is entered. If the
determination of paternity is based upon a presumption arising under
K.S.A. 23-2208, and amendments thereto, the court shall award an
additional judgment to reimburse all or part of the expenses of support
and education of the child from at least the date the presumption first
arose to the date the order is entered, except that no additional
SENATE BILL No. 408—page 8
judgment need be awarded for amounts accrued under a previous order
for the child's support.
(2) The court may consider any affirmative defenses pled and
proved in making an award under this subsection.
(3) The amount of any award made under this subsection shall be
determined by application of the Kansas child support guidelines. For
any period occurring five years or less before or after commencement
of the action, there is a rebuttable presumption that such child support
guidelines amount reflects the actual expenditures made on the child's
behalf during that period. For any period occurring more than five
years before commencement of the action, the person seeking the
award has the burden of proving that the total amount requested for that
period does not exceed expenditures actually made on the child's behalf
during that period.
Sec. 7. K.S.A. 2025 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:
(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) (1) "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)(A) 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)(B) is without the care or control necessary for the child's
physical, mental or emotional health;
(3)(C) has been physically, mentally or emotionally abused or
neglected or sexually abused;
(4)(D) has been placed for care or adoption in violation of law;
(5)(E) has been abandoned or does not have a known living
parent;
(6)(F) is not attending school as required by K.S.A. 72-3421 or
72-3120, and amendments thereto;
(7)(G) 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)(H) 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)(I) is willfully and voluntarily absent from the child's home
without the consent of the child's parent or other custodian;
(10)(J) 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;
SENATE BILL No. 408—page 9
(11)(K) 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)(L) while less than 10 years of age commits the offense
defined in K.S.A. 21-6301(a)(14), and amendments thereto;
(13)(M) has had a permanent custodian appointed and the
permanent custodian is no longer able or willing to serve; or
(14)(N) 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.
(2) (A) "Child in need of care" does not mean a person less than
18 years of age at the time of the filing of the petition or issuance of the
ex parte protective custody order pursuant to K.S.A. 38-2242, and
amendments thereto, who is engaging in independent activities without
adult supervision when a parent allows such child to engage in such
independent activities, if:
(i) Such independent activities are appropriate based on the
child's age, maturity and mental abilities; and
(ii) such lack of supervision does not constitute conduct that is so
grossly negligent as to endanger the health or safety of the child.
(B) As used in this paragraph, "independent activities" includes,
but is not limited to, traveling to or from school or nearby locations on
foot or by bicycle, playing outdoors, remaining at home for a
reasonable amount of time or remaining in a vehicle that is not
dangerously hot or cold for a reasonable amount of time.
(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
SENATE BILL No. 408—page 10
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
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 when
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) "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) "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 healthcare, dining, sleeping and general living
activities; and (C) separate juvenile and adult staff, including
management, security staff and direct care staff such as recreational,
educational and counseling.
(t) "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) "Juvenile intake and assessment worker" means a responsible
adult authorized to perform intake and assessment services as part of
SENATE BILL No. 408—page 11
the intake and assessment system established pursuant to K.S.A. 75-
7023, and amendments thereto.
(v) "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) "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) "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) "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) "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) "Parent" when used in relation to a child or children, includes
a guardian and every person who is by law liable to maintain, care for
or support the child.
(bb) "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) "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) "Permanent custodian" means a judicially approved
permanent guardian of a child pursuant to K.S.A. 38-2272, and
amendments thereto.
(ee) "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) "Placement" means the designation by the individual or
agency having custody of where and with whom the child will live.
(gg) "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) "Reasonable and prudent parenting standard" means the
SENATE BILL No. 408—page 12
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) "Relative" means a person related by blood, marriage or
adoption.
(jj) "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) "Secretary" means the secretary for children and families or
the secretary's designee.
(ll) "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 county jail.
(mm) "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) "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) "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) "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) "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
SENATE BILL No. 408—page 13
including, but not limited to, funding for home and community based
services waivers.
(rr) "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.
(ss) "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. 8. K.S.A. 38-2230 is hereby amended to read as follows: 38-
2230. Whenever any person furnishes information to the secretary that
a child appears to be a child in need of care, the department shall make
a preliminary inquiry to determine whether the interests of the child
require further action be taken. Whenever practicable, the inquiry shall
include a preliminary investigation of the circumstances which were
the subject of the information, including the home and environmental
situation and, the previous history of the child and the military status of
a parent or legal guardian of the child pursuant to section 1, and
amendments thereto. If reasonable grounds to believe abuse or neglect
exist, immediate steps shall be taken to protect the health and welfare
of the abused or neglected child as well as that of any other child under
the same care who may be harmed by abuse or neglect. After the
inquiry, if the secretary determines it is not otherwise possible to
provide those services necessary to protect the interests of the child, the
secretary shall recommend to the county or district attorney that a
petition be filed.
Sec. 9. K.S.A. 38-2232 is hereby amended to read as follows: 38-
2232. (a) (1) To the extent possible, when any law enforcement officer
takes into custody a child under the age of 18 years without a court
order, the child shall promptly be delivered to the custody of the child's
parent or other custodian unless there are reasonable grounds to believe
that such action would not be in the best interests of the child.
(2) Except as provided in subsection (b), if the child is not
delivered to the custody of the child's parent or other custodian, the
child shall promptly be delivered to a:
(A) (i) Shelter facility designated by the court;
(ii) court services officer;
(iii) juvenile intake and assessment worker;
(iv) licensed attendant care center;
(v) juvenile crisis intervention center after written authorization by
a community mental health center; or
(vi) other person;
(B) if the child is 15 years of age or younger, to a facility or
person designated by the secretary; or
(C) if the child is 16 or 17 years of age and the child has no
identifiable parental or family resources or shows signs of physical,
mental, emotional or sexual abuse, to a facility or person designated by
the secretary.
(3) If, after delivery of the child to a shelter facility, the person in
charge of the shelter facility at that time and the law enforcement
officer determine that the child will not remain in the shelter facility
and if the child is presently alleged, but not yet adjudicated, to be a
child in need of care solely pursuant to K.S.A. 38-2202(d) (9)(1)(I) or
(d)(10)(1)(J), and amendments thereto, the law enforcement officer
shall deliver the child to a secure facility, designated by the court,
where the child shall be detained for not more than 24 hours, excluding
Saturdays, Sundays, legal holidays, and days on which when the office
SENATE BILL No. 408—page 14
of the clerk of the court is not accessible.
(4) No child taken into custody pursuant to this code shall be
placed in a secure facility, except as authorized by this section and by
K.S.A. 38-2242, 38-2243 and 38-2260, and amendments thereto.
(5) It shall be the duty of the law enforcement officer to furnish to
the county or district attorney, without unnecessary delay, all the
information in the possession of the officer pertaining to the child, the
child's parents or other persons interested in or likely to be interested in
the child and all other facts and circumstances which that caused the
child to be taken into custody.
(b) (1) When any law enforcement officer takes into custody any
child as provided in K.S.A. 38-2231(b)(2), and amendments thereto,
proceedings shall be initiated in accordance with the provisions of the
interstate compact on juveniles, K.S.A. 38-1001 et seq., and
amendments thereto, or K.S.A. 38-1008, and amendments thereto,
when effective. Any child taken into custody pursuant to the interstate
compact on juveniles may be detained in a juvenile detention facility or
other secure facility.
(2) When any law enforcement officer takes into custody any child
as provided in K.S.A. 38-2231(b)(3), and amendments thereto, the law
enforcement officer shall place the child in protective custody and may
deliver the child to a staff secure facility. The law enforcement officer
shall contact the department for children and families to begin an
assessment to determine safety, placement and treatment needs for the
child. Such child shall not be placed in a secure facility, except as
authorized by this section and by K.S.A. 38-2242, 38-2243 and 38-
2260, and amendments thereto.
(3) When any law enforcement officer takes into custody any child
as provided in K.S.A. 38-2231(b)(4), and amendments thereto, the law
enforcement officer shall place the child in protective custody and may
deliver the child to a juvenile crisis intervention center after written
authorization by a community mental health center. Such child shall not
be placed in a juvenile detention facility or other secure facility.
(c) Whenever a child under the age of 18 years is taken into
custody by a law enforcement officer without a court order and is
thereafter placed as authorized by subsection (a), the facility or person
shall, upon written application of the law enforcement officer, have
physical custody and provide care and supervision for the child. The
application shall state:
(1) The name and address of the child, if known;
(2) the names and addresses of the child's parents or nearest
relatives and persons with whom the child has been residing, if known;
and
(3) the officer's belief that the child is a child in need of care and
that there are reasonable grounds to believe that the circumstances or
condition of the child is such that the child would be harmed unless
placed in the immediate custody of the shelter facility or other person.
(d) A copy of the application shall be furnished by the facility or
person receiving the child to the county or district attorney without
unnecessary delay.
(e) The shelter facility or other person designated by the court who
has custody of the child pursuant to this section shall discharge the
child not later than 72 hours following admission, excluding Saturdays,
Sundays, legal holidays, and days on which when the office of the clerk
of the court is not accessible, unless a court has entered an order
pertaining to temporary custody or release.
(f) In absence of a court order to the contrary, the county or
district attorney or the placing law enforcement agency shall have the
authority to direct the release of the child at any time.
SENATE BILL No. 408—page 15
(g) When any law enforcement officer takes into custody any child
as provided in K.S.A. 38-2231(d), and amendments thereto, the child
shall promptly be delivered to the school in which where the child is
enrolled, any location designated by the school in which where the
child is enrolled or the child's parent or other custodian.
Sec. 10. K.S.A. 38-2242 is hereby amended to read as follows: 38-
2242. (a) The court, upon verified application, may issue ex parte an
order directing that a child be held in protective custody and, if the
child has not been taken into custody, an order directing that the child
be taken into custody. The application shall state for each child:
(1) The applicant's belief that the child is a child in need of care;
(2) that the child is likely to sustain harm if not immediately
removed from the home;
(3) that allowing the child to remain in the home is contrary to the
welfare of the child; and
(4) the facts relied upon to support the application, including
efforts known to the applicant to maintain the family unit and prevent
the unnecessary removal of the child from the child's home, or the
specific facts supporting that an emergency exists which that threatens
the safety of the child.
(b) (1) The order of protective custody may be issued only after
the court has determined there is probable cause to believe the
allegations in the application are true. The order shall remain in effect
until the temporary custody hearing provided for in K.S.A. 38-2243,
and amendments thereto, unless earlier rescinded by the court.
(2) No child shall be held in protective custody for more than 72
hours, excluding Saturdays, Sundays, legal holidays, and days on
which when the office of the clerk of the court is not accessible, unless
within the 72-hour period a determination is made as to the necessity
for temporary custody in a temporary custody hearing. The time spent
in custody pursuant to K.S.A. 38-2232, and amendments thereto, shall
be included in calculating the 72-hour period. Nothing in this
subsection shall be construed to mean that the child must remain in
protective custody for 72 hours. If a child is in the protective custody of
the secretary, the secretary shall allow at least one supervised visit
between the child and the parent or parents within such time period as
the child is in protective custody. The court may prohibit such
supervised visit if the court determines it is not in the best interest of
the child.
(c) (1) Whenever the court determines the necessity for an order of
protective custody, the court may place the child in the protective
custody of:
(A) A parent or other person having custody of the child and may
enter a restraining order pursuant to subsection (e);
(B) a person, other than the parent or other person having custody,
who shall not be required to be licensed under article 5 of chapter 65 of
the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of
law, if the child has been subjected to 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 the child committed an act
which, if committed by an adult, would constitute a violation of K.S.A.
21-6419, and amendments thereto;
(F) after written authorization by a community mental health
center, a juvenile crisis intervention center as described in K.S.A. 65-
536, and amendments thereto; or
SENATE BILL No. 408—page 16
(G) the secretary, if the child is 15 years of age or younger, or 16
or 17 years of age if the child has no identifiable parental or family
resources or shows signs of physical, mental, emotional or sexual
abuse.
(2) If the secretary presents the court with a plan to provide
services to a child or family which that the court finds will assure the
safety of the child, the court may only place the child in the protective
custody of the secretary until the court finds the services are in place.
The court shall have the authority to require any person or entity
agreeing to participate in the plan to perform as set out in the plan.
When the child is placed in the protective custody of the secretary, the
secretary shall have the discretionary authority to place the child with a
parent or to make other suitable placement for the child. When the child
is placed in the temporary custody of the secretary and the child has
been subjected to 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 the child committed an act which, if committed
by an adult, would constitute a violation of K.S.A. 21-6419, and
amendments thereto, the secretary shall have the discretionary authority
to place the child in a staff secure facility, notwithstanding any other
provision of law. When the child is presently alleged, but not yet
adjudicated, to be a child in need of care solely pursuant to K.S.A. 38-
2202(d)(9)(1)(I) or (d) (10)(1)(J), and amendments thereto, the child
may be placed in a secure facility pursuant to an order of protective
custody for a period of not to exceed 24 hours, excluding Saturdays,
Sundays, legal holidays, and days on which when the office of the clerk
of the court is not accessible.
(d) The order of protective custody shall be served pursuant to
K.S.A. 38-2237(a), and amendments thereto, on the child's parents and
any other person having legal custody of the child. The order shall
prohibit the removal of the child from the court's jurisdiction without
the court's permission.
(e) If the court issues an order of protective custody, the court may
also enter an order restraining any alleged perpetrator of physical,
sexual, mental or emotional abuse of the child from residing in the
child's home; visiting, contacting, harassing or intimidating the child,
other family member or witness; or attempting to visit, contact, harass
or intimidate the child, other family member or witness. Such
restraining order shall be served by personal service pursuant to K.S.A.
38-2237(a), and amendments thereto, on any alleged perpetrator to
whom the order is directed.
(f) (1) The court shall not enter the initial order removing a child
from the custody of a parent pursuant to this section unless the court
first finds probable cause that:
(A) (i) The child is likely to sustain harm if not immediately
removed from the home;
(ii) allowing the child to remain in home is contrary to the welfare
of the child; or
(iii) immediate placement of the child is in the best interest of the
child; and
(B) reasonable efforts have been made to maintain the family unit
and prevent the unnecessary removal of the child from the child's home
or that an emergency exists which that threatens the safety to the child.
(2) Such findings shall be included in any order entered by the
court. If the child is placed in the custody of the secretary, the court
shall provide the secretary with a written copy of any orders entered
upon making the order.
Sec. 11. K.S.A. 2025 Supp. 38-2243 is hereby amended to read as
SENATE BILL No. 408—page 17
follows: 38-2243. (a) Upon notice and hearing, the court may issue an
order directing who shall have temporary custody and may modify the
order during the pendency of the proceedings as will best serve the
child's welfare.
(b) A hearing pursuant to this section shall be held within 72
hours, excluding Saturdays, Sundays, legal holidays, and days on
which when the office of the clerk of the court is not accessible,
following a child having been taken into protective custody.
(c) Whenever it is determined that a temporary custody hearing is
required, the court shall immediately set the time and place for the
hearing. Notice of a temporary custody hearing shall be given to all
parties and interested parties.
(d) Notice of the temporary custody hearing shall be given at least
24 hours prior to the hearing. The court may continue the hearing to
afford the 24 hours prior notice or, with the consent of the party or
interested party, proceed with the hearing at the designated time. If an
order of temporary custody is entered and the parent or other person
having custody of the child has not been notified of the hearing, did not
appear or waive appearance and requests a rehearing, the court shall
rehear the matter without unnecessary delay.
(e) Oral notice may be used for giving notice of a temporary
custody hearing where there is insufficient time to give written notice.
Oral notice is completed upon filing a certificate of oral notice.
(f) The court may enter an order of temporary custody after
determining there is probable cause to believe that the:
(1) Child is dangerous to self or to others;
(2) child is not likely to be available within the jurisdiction of the
court for future proceedings;
(3) health or welfare of the child may be endangered without
further care;
(4) child has been subjected to 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;
(5) child is experiencing a behavioral health crisis and is in need
of treatment; or
(6) child committed an act which, if committed by an adult, would
constitute a violation of K.S.A. 21-6419, and amendments thereto.
(g) (1) Whenever the court determines the necessity for an order
of temporary custody the court may place the child in the temporary
custody of:
(A) A parent or other person having custody of the child and may
enter a restraining order pursuant to subsection (h);
(B) a person, other than the parent or other person having custody,
who shall not be required to be licensed under article 5 of chapter 65 of
the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of
law, if the child has been subjected to 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 the child committed an act
which, if committed by an adult, would constitute a violation of K.S.A.
21-6419, and amendments thereto;
(F) after written authorization by a community mental health
center, a juvenile crisis intervention center, as described in K.S.A. 65-
536, and amendments thereto; or
(G) the secretary, if the child is 15 years of age or younger, or 16
SENATE BILL No. 408—page 18
or 17 years of age if the child has no identifiable parental or family
resources or shows signs of physical, mental, emotional or sexual
abuse.
(2) If the secretary presents the court with a plan to provide
services to a child or family which that the court finds will assure the
safety of the child, the court may only place the child in the temporary
custody of the secretary until the court finds the services are in place.
The court shall have the authority to require any person or entity
agreeing to participate in the plan to perform as set out in the plan.
When the child is placed in the temporary custody of the secretary, the
secretary shall have the discretionary authority to place the child with a
parent or to make other suitable placement for the child. When the child
is placed in the temporary custody of the secretary and the child has
been subjected to 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 the child committed an act which, if committed
by an adult, would constitute a violation of K.S.A. 21-6419, and
amendments thereto, the secretary shall have the discretionary authority
to place the child in a staff secure facility, notwithstanding any other
provision of law. When the child is presently alleged, but not yet
adjudicated to be a child in need of care solely pursuant to K.S.A. 38-
2202(d)(9)(1)(I) or (d) (10)(1)(J), and amendments thereto, the child
may be placed in a secure facility, but the total amount of time that the
child may be held in such facility under this section and K.S.A. 38-
2242, and amendments thereto, shall not exceed 24 hours, excluding
Saturdays, Sundays, legal holidays , and days on which when the office
of the clerk of the court is not accessible. The order of temporary
custody shall remain in effect until modified or rescinded by the court
or an adjudication order is entered but not exceeding 60 days, unless
good cause is shown and stated on the record.
(h) If the court issues an order of temporary custody, the court
may also enter an order restraining any alleged perpetrator of physical,
sexual, mental or emotional abuse of the child from residing in the
child's home; visiting, contacting, harassing or intimidating the child;
or attempting to visit, contact, harass or intimidate the child, other
family members or witnesses. Such restraining order shall be served by
personal service pursuant to K.S.A. 38-2237(a), and amendments
thereto, on any alleged perpetrator to whom the order is directed.
(i) (1) The court shall not enter the initial order removing a child
from the custody of a parent pursuant to this section unless the court
first finds probable cause that:
(A) (i) The child is likely to sustain harm if not immediately
removed from the home;
(ii) allowing the child to remain in home is contrary to the welfare
of the child; or
(iii) immediate placement of the child is in the best interest of the
child; and
(B) reasonable efforts have been made to maintain the family unit
and prevent the unnecessary removal of the child from the child's home
or that an emergency exists which that threatens the safety to the child.
(2) Such findings shall be included in any order entered by the
court. If the child is placed in the custody of the secretary, upon making
the order the court shall provide the secretary with a written copy.
(j) If the court enters an order of temporary custody that provides
for placement of the child with a person other than the parent, the court
shall make a child support determination pursuant to K.S.A. 38-2277,
and amendments thereto.
(k) For the purposes of this section, "harassing or intimidating"
SENATE BILL No. 408—page 19
and "harass or intimidate" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to
determine the targeted person's location, movement or travel patterns.
Sec. 12. K.S.A. 38-2260 is hereby amended to read as follows: 38-
2260. (a) Valid court order. During proceedings under this code, the
court may enter an order directing a child who is the subject of the
proceedings to remain in a present or future placement if:
(1) The child and the child's guardian ad litem are present in court
when the order is entered;
(2) the court finds that the child has been adjudicated a child in
need of care pursuant to K.S.A. 38-2202(d)(6), (d)(7), (d)(8), (d)(9), (d)
(10)(d)(1)(F), (d)(1)(G), (d)(1)(H), (d)(1)(I), (d)(1) (J) or (d)(12)(d)(1)
(L), and amendments thereto, and that the child is not likely to be
available within the jurisdiction of the court for future proceedings;
(3) the child and the guardian ad litem receive oral and written
notice of the consequences of violation of the order; and
(4) a copy of the written notice is filed in the official case file.
(b) Application. Any person may file a verified application for
determination that a child has violated an order entered pursuant to
subsection (a) and for an order authorizing holding the child in a secure
facility. The application shall state the applicant's belief that the child
has violated the order entered pursuant to subsection (a) without good
cause and the specific facts supporting the allegation.
(c) Ex parte order. After reviewing the application filed pursuant
to subsection (b), the court may enter an ex parte order directing that
the child be taken into custody and held in a secure facility designated
by the court, if the court finds probable cause that the child violated the
court's order to remain in placement without good cause. Pursuant to
K.S.A. 38-2237, and amendments thereto, the order shall be served on
the child's parents, the child's legal custodian and the child's guardian
ad litem.
(d) Preliminary hearing. Within 24 hours following a child's being
taken into custody pursuant to an order issued under subsection (c), the
court shall hold a preliminary hearing to determine whether the child
admits or denies the allegations of the application and, if the child
denies the allegations, to determine whether probable cause exists to
support the allegations.
(1) Notice of the time and place of the preliminary hearing shall
be given orally or in writing to the child's parents, the child's legal
custodian and the child's guardian ad litem.
(2) At the hearing, the child shall have the right to a guardian ad
litem and shall be served with a copy of the application.
(3) If the child admits the allegations or enters a no contest
statement and if the court finds that the admission or no contest
statement is knowledgeable and voluntary, the court shall proceed
without delay to the placement hearing pursuant to subsection (f).
(4) If the child denies the allegations, the court shall determine
whether probable cause exists to hold the child in a secure facility
pending an evidentiary hearing pursuant to subsection (e). After hearing
the evidence, if the court finds that: (A) There is probable cause to
believe that the child has violated an order entered pursuant to
subsection (a) without good cause; and (B) placement in a secure
facility is necessary for the protection of the child or to assure the
presence of the child at the evidentiary hearing pursuant to subsection
(e), the court may order the child held in a secure facility pending the
evidentiary hearing.
(e) Evidentiary hearing. The court shall hold an evidentiary
hearing on an application within 72 hours of the child's being taken into
custody. Notice of the time and place of the hearing shall be given
SENATE BILL No. 408—page 20
orally or in writing to the child's parents, the child's legal custodian and
the child's guardian ad litem. At the evidentiary hearing, the court shall
determine by a clear and convincing evidence whether the child has:
(1) Violated a court order entered pursuant to subsection (a)
without good cause;
(2) been provided at the hearing with the rights enumerated in
subsection (d)(2); and
(3) been informed of:
(A) The nature and consequences of the proceeding;
(B) the right to confront and cross-examine witnesses and present
evidence;
(C) the right to have a transcript or recording of the proceedings;
and
(D) the right to appeal.
(f) Placement. (1) If the child admits violating the order entered
pursuant to subsection (a) or if, after an evidentiary hearing, the court
finds that the child has violated such an order, the court shall
immediately proceed to a placement hearing. The court may enter an
order awarding custody of the child to:
(A) A parent or other legal custodian;
(B) a person other than a parent or other person having custody,
who shall not be required to be licensed under article 5 of chapter 65 of
the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility; or
(D) the secretary, if the secretary does not already have legal
custody of the child.
(2) The court may authorize the custodian to place the child in a
secure facility, if the court determines that all other placement options
have been exhausted or are inappropriate, based upon a written report
submitted by the secretary, if the child is in the secretary's custody, or
submitted by a public agency independent of the court and law
enforcement, if the child is in the custody of someone other than the
secretary. The report shall detail the behavior of the child and the
circumstances under which the child was brought before the court and
made subject to the order entered pursuant to subsection (a).
(3) The authorization to place the child in a secure facility
pursuant to this subsection shall expire 60 days, inclusive of weekend
and legal holidays, after its issue. The court may grant extensions of
such authorization for two additional periods, each not to exceed 60
days, upon rehearing pursuant to K.S.A. 38-2256, and amendments
thereto.
(g) Payment. The secretary shall only pay for placement and
services for a child placed in a secure facility pursuant to subsection (f)
upon receipt of a valid court order authorizing secure care placement.
(h) Limitations on facilities used. Nothing in this section shall
authorize placement of a child in an adult jail or lockup.
(i) Time limits, computation. Except as otherwise specifically
provided by subsection (f), Saturdays, Sundays, legal holidays, and
days on which when the office of the clerk of the court is not accessible
shall not be counted in computing any time limit imposed by this
section.
Sec. 13. K.S.A. 38-2271 is hereby amended to read as follows: 38-
2271. (a) It is presumed in the manner provided in K.S.A. 60-414, and
amendments thereto, that a parent is unfit by reason of conduct or
condition which that renders the parent unable to fully care for a child,
if the state establishes, by clear and convincing evidence, that:
(1) A parent has previously been found to be an unfit parent in
proceedings under K.S.A. 38-2266 et seq., and amendments thereto, or
comparable proceedings under the laws of another jurisdiction;
SENATE BILL No. 408—page 21
(2) a parent has twice before been convicted of a crime specified
in article 34, 35, or 36 of chapter 21 of the Kansas Statutes Annotated,
prior to their repeal, or articles 54, 55 or 56 of chapter 21 of the Kansas
Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6418
through 21-6421, and amendments thereto, or comparable offenses
under the laws of another jurisdiction, or an attempt or attempts to
commit such crimes and the victim was under the age of 18 years;
(3) on two or more prior occasions a child in the physical custody
of the parent has been adjudicated a child in need of care as defined by
K.S.A. 38-2202(d)(1), (d)(3), (d)(5)(d)(1)(A), (d)(1)(C), (d)(1)(E) or (d)
(11) (d)(1)(K) , and amendments thereto, or comparable proceedings
under the laws of another jurisdiction;
(4) the parent has been convicted of causing the death of another
child or stepchild of the parent;
(5) the child has been in an out-of-home placement, under court
order for a cumulative total period of one year or longer and the parent
has substantially neglected or willfully refused to carry out a reasonable
plan, approved by the court, directed toward reintegration of the child
into the parental home;
(6) (A) the child has been in an out-of-home placement, under
court order for a cumulative total period of two years or longer; (B) the
parent has failed to carry out a reasonable plan, approved by the court,
directed toward reintegration of the child into the parental home; and
(C) there is a substantial probability that the parent will not carry out
such plan in the near future;
(7) a parent has been convicted of capital murder, K.S.A. 21-3439,
prior to its repeal, or K.S.A. 21-5401, and amendments thereto, murder
in the first degree, K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-
5402, and amendments thereto, murder in the second degree, K.S.A.
21-3402, prior to its repeal, or K.S.A. 21-5403, and amendments
thereto, voluntary manslaughter, K.S.A. 21-3403, prior to its repeal, or
K.S.A. 21-5404, and amendments thereto, human trafficking or
aggravated human trafficking, K.S.A. 21-3446 or 21-3447, prior to
their repeal, or K.S.A. 21-5426, and amendments thereto, or
commercial sexual exploitation of a child, K.S.A. 21-6422, and
amendments thereto, or comparable proceedings under the laws of
another jurisdiction or, has been adjudicated a juvenile offender
because of an act which, if committed by an adult , would be an offense
as provided in this subsection, and the victim of such murder was the
other parent of the child;
(8) a parent abandoned or neglected the child after having
knowledge of the child's birth or either parent has been granted
immunity from prosecution for abandonment of the child under K.S.A.
21-3604(b), prior to its repeal, or K.S.A. 21-5605(d), and amendments
thereto; or
(9) a parent has made no reasonable efforts to support or
communicate with the child after having knowledge of the child's birth;
(10) a father, after having knowledge of the pregnancy, failed
without reasonable cause to provide support for the mother during the
six months prior to the child's birth;
(11) a father abandoned the mother after having knowledge of the
pregnancy;
(12) a parent has been convicted of rape, K.S.A. 21-3502, prior to
its repeal, or K.S.A. 21-5503, and amendments thereto, or comparable
proceedings under the laws of another jurisdiction resulting in the
conception of the child; or
(13) a parent has failed or refused to assume the duties of a parent
for two consecutive years next preceding the filing of the petition. In
making this determination the court may disregard incidental
SENATE BILL No. 408—page 22
visitations, contacts, communications or contributions.
(b) The burden of proof is on the parent to rebut the presumption
of unfitness by a preponderance of the evidence. In the absence of
proof that the parent is presently fit and able to care for the child or that
the parent will be fit and able to care for the child in the foreseeable
future, the court shall terminate parental rights in proceedings pursuant
to K.S.A. 38-2266 et seq., and amendments thereto.
Sec. 14. K.S.A. 23-2204, 23-2209, 23-2215, 23-3207, 38-2230,
38-2232, 38-2242, 38-2260 and 38-2271 and K.S.A. 2025 Supp. 21-
5601, 38-2202 and 38-2243 are hereby repealed.
Sec. 15. 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
SENATE, and passed that body
__________________________
SENATE concurred in
HOUSE amendments _______________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.