Evidence-based Program Account Expenditures; Agency Collaboration in
Juvenile Offender and CINC Cases; HB 2021
HB 2021 creates and amends law regarding the assessment of and provision of services
to children in the child welfare and juvenile justice systems; overall case length limits and
community-based graduated sanctions under the Revised Kansas Juvenile Justice Code
(Juvenile Code); exchange of confidential data within the juvenile justice system; and use of
funds from the Evidence-based Programs Account (Account) of the State General Fund. The bill
also changes the criteria used to admit youths to a juvenile crisis intervention center by adding
definitions for “behavioral health crisis” and changing the phrase “mental health crisis” to
“behavioral health crisis” in various statutes.
Risk and Needs Assessments for Children Exhibiting Criminogenic Behaviors
The bill requires, on or before October 1, 2023, the Secretary for Children and Families
to identify an evidence-based risk and needs assessment to administer to children identified as
exhibiting behavior that could lead to juvenile offender charges related to physical violence,
aggression, damage to property, or use of life-threatening drugs during the course of a child in
need of care (CINC) case. The bill directs the Secretary for Children and Families to administer
the assessment and requires the Secretary to collaborate with the Secretary of Corrections to
allow these identified children to participate in programs funded by the Account. The bill clarifies
such assessment is part of the child’s official CINC file and cannot be admitted to evidence
during the course of a proceeding under the Juvenile Code. The bill requires the Secretary for
Children and Families to report on the implementation of this section, and to provide the
assessment used to the Joint Committee on Corrections and Juvenile Justice Oversight
(JCCJJO) on or before January 1, 2024.
Standardized Risk and Needs Assessments for Juvenile Offenders
The bill directs the Secretary of Corrections to ensure when a juvenile is placed in
detention, the juvenile:
●Receives a standardized risk and needs assessment within 72 hours, or has
appropriate updates made to such assessment if one has already been
conducted;
●Receives an updated or completed case plan within 48 hours after such
assessment has been conducted or updated; and
●Has access to behavioral health services, mental health services, and substance
use treatment disorder services while in detention.
The bill requires the Secretary of Corrections to coordinate with court services,
community corrections, and juvenile detention centers to provide the services described above
in a timely manner, and, for a juvenile in the custody of the Department for Children and
Families (DCF), to coordinate with the Secretary for Children and Families to provide such
Kansas Legislative Research Department 1 2023 Summary of Legislation services. The cost of assessments conducted or services provided to juvenile offenders may be
assessed to the Kansas Department of Corrections (KDOC).
The bill also directs the Secretary of Corrections to collect data regarding these
assessments and services and report findings to JCCJJO before July 1 of each year.
Collaboration Between Agencies
The bill amends the Revised Kansas Code for Care of Children (CINC Code) and the
Juvenile Code to require, if a child, juvenile, or juvenile offender is eligible to receive services
from DCF, KDOC, or the Judicial Branch, that these agencies collaborate to provide such
services. The bill states that nothing in the CINC Code provision or in the Juvenile Code
precludes the eligible child from accessing services by the listed agencies or any other state
agency if the child is otherwise eligible for services.
In the Juvenile Code, this provision replaces an existing provision requiring collaboration
between KDOC and the Secretary for Children and Families to furnish services.
Juvenile Code Case Length
The bill amends the overall case length limits for juvenile offenders. The court may
extend the overall case length limit to allow for completion of an evidence-based program if the
juvenile’s repeated, intentional effort to delay is the reason for failure to complete the evidence-
based program, as reported by the evidence-based services provider. Such extensions may
only be granted incrementally.
Community-based Graduated Sanctions for Violations of Sentence Disposition by
Juveniles
The bill amends law governing community-based graduated responses to certain
violations of juvenile sentencing dispositions including probation, conditional release, and
condition of sentence by juveniles to require the court services officer or community correctional
services officer to immediately notify the court and submit a written report showing in what
manner the juvenile has violated such sentencing disposition.
The bill also amends the section to allow a judge to commit a juvenile, who is on
probation, to detention for a probation violation if the judge makes a finding that the juvenile is
demonstrating escalating use of physical violence, aggression, weapons, damage to property,
or life-threatening substances. The detention period may not exceed 24 hours for the first
violation, 48 hours for the second violation, and 15 days for the third or subsequent violation.
Confidential Data Exchange System
The bill requires KDOC to develop a system, or contract with an entity to develop an
electronic records system not maintained by KDOC, by July 1, 2025, to facilitate the exchange
of confidential information among all parts of the juvenile justice system. The bill requires any
contracted system to include a verification system that is operated by KDOC for the purpose of
Kansas Legislative Research Department 2 2023 Summary of Legislation verifying the authenticity and validity of electronic records and specifies such electronic records
have the same legal effect as paper records. KDOC is required to report to the JCCJJO, House
Committee on Appropriations, Senate Committee on Judiciary, Senate Committee on Ways and
Means, and House Committee on Corrections and Juvenile Justice on the progress of the
development by the first day of the 2024 Legislative Session.
Amendments to Evidence-based Programs Account
The bill amends law governing the Account to expand allowable expenditures to include
evidence-based community programs and practices for:
●Juvenile offenders and their families [Note: Current law does not allow
expenditures for juvenile offenders’ families];
●Juveniles experiencing a behavioral health crisis and their families [Note: Current
law allows expenditures for juveniles experiencing a mental health crisis];
●Children who have been administered a risk and needs assessment and have
been identified as exhibiting criminogenic behaviors as described in the bill; and
●Grants under provisions described below.
The bill expands those eligible to administer such programs and practices to include:
●Community mental health centers;
●Community health centers;
●The Youth Advocate Program;
●Jobs for America’s Graduates—Kansas Transition Services; and
●Any other community-based service provider offering evidence-based community
programs.
The bill requires the Secretary of Corrections to develop and implement a grant program
with the goal of implementing evidence-based community programs and promising practices
throughout the state, subject to the availability of funding in the Account after other expenditures
for evidence-based programs are made. The Secretary is required to adopt grant requirements
and to evaluate grant-funded programs to ensure the program is being delivered as intended.
Any provider of evidence-based community programs for juveniles may apply for a grant, and
priority is given to any county that demonstrates low availability of evidence-based community
programs for juveniles. Child welfare case management providers are not eligible to receive
grants through the Account.
Kansas Legislative Research Department 3 2023 Summary of Legislation The bill requires expenditures made from the Account to be made promptly and on a
rolling basis to develop and implement evidence-based community programs as services are
needed throughout the state.
Definition of Behavioral Health Crisis
This bill defines “behavioral health crisis” in the CINC Code to mean “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.” A definition, identical except for the use of the term of
“juvenile” rather than “child,” is also added to the Juvenile Code and to a statute regarding
juvenile crisis intervention centers.
The bill amends statutes relating to law enforcement officers taking children or juveniles
into custody and the court directing temporary custody to refer to behavioral health crisis instead
of mental health crisis.
Juvenile Crisis Intervention Centers
This bill amends the statute establishing juvenile crisis intervention centers to add
substance abuse services to the services to be provided by a juvenile crisis center. The bill also
adds a behavioral health condition as a reason a juvenile could be determined to be likely to
cause harm to self or others.
Kansas Legislative Research Department 4 2023 Summary of Legislation