Kansas 2023-2024 Regular Session

Kansas House Bill HB2024 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Session of 2023
1	2		HOUSE BILL No. 2024
2		-	AN ACT concerning children and minors; relating to the revised Kansas code for care of
3		-	children, federal Indian child welfare act, newborn infant protection act; relating to
4		-	procedures in investigations of child abuse or neglect; requiring a child abuse review
5		-	and evaluation referral; creating a program in the department of health and
6		-	environment for the training and payment for child abuse reviews and exams;
7		-	enacting the Representative Gail Finney memorial foster care bill of rights; granting
8		-	rights to kinship caregivers under the revised Kansas code for care of children;
9		-	allowing the surrender of physical custody of an infant to a newborn safety device;
10		-	requiring inquiries and reporting of Indian child status; adding the requirement of
11		-	great bodily harm to the crime of child abandonment to qualify for immunity;
12		-	amending K.S.A. 38-2202, 38-2203, 38-2226, 38-2258, 38-2261 and 38-2282 and
13		-	K.S.A. 2022 Supp. 21-5605 and repealing the existing sections.
	3	+	By Joint Committee on Child Welfare System Oversight
	4	+	1-12
	5	+	AN ACT concerning children and minors; relating to the newborn infant
	6	+	protection act; allowing the surrender of physical custody of an infant
	7	+	to an infant refuge bassinet; amending K.S.A. 38-2282 and repealing
	8	+	the existing section.
14	9		Be it enacted by the Legislature of the State of Kansas:
15		-	New Section 1. (a) (1) When an investigation of child abuse or
16		-	neglect conducted pursuant to K.S.A. 38-2226, and amendments
17		-	thereto, includes a CARE referral that a child abuse medical resource
18		-	center has recommended a CARE exam be conducted and the CARE
19		-	provider determines a child has been subjected to physical abuse,
20		-	emotional abuse, medical neglect or physical neglect, such
21		-	determination shall be reported in a completed review and provided to
22		-	the secretary for children and families and the local law enforcement
23		-	agency or the agency's designee.
24		-	(2) When the secretary receives a completed review pursuant to
25		-	paragraph (1), the secretary shall consider and include the completed
26		-	review in making recommendations regarding the care, safety and
27		-	placement of the child and maintain the completed review in the case
28		-	record.
29		-	(3) Reviews conducted pursuant to paragraph (1) shall be
30		-	confidential and not be disclosed except as provided in this section and
31		-	K.S.A. 38-2209 through 38-2213, and amendments thereto.
32		-	(b) To provide forensic evaluation services to a child alleged to be
33		-	a victim of physical abuse, emotional abuse, medical neglect or
34		-	physical neglect in investigations that include a CARE exam:
35		-	(1) Child abuse medical resource centers may collaborate directly
36		-	or through technology with CARE providers to provide forensic
37		-	medical evaluations, medical training, support, mentoring and peer
38		-	review to enhance the skill and role of child abuse medical resource
39		-	centers and the CARE providers in a multidisciplinary context;
40		-	(2) CARE providers and child abuse medical resource centers
41		-	shall provide and receive specialized training for medical evaluations
42		-	conducted in a hospital, child advocacy center or by a private
43		-	healthcare professional without the need for an agreement between
44		-	such center and provider; and
45		-	(3) the CARE network shall develop recommendations concerning
46		-	the medical-based screening process and forensic evidence collection
47		-	for a child and provide such recommendations to CARE providers,
48		-	child advocacy centers, hospitals and licensed practitioners.
49		-	(c) To implement and administer this section, the secretary of
50		-	health and environment shall:
51		-	(1) Provide training for CARE providers to establish and maintain
52		-	compliance with the requirements of K.S.A. 38-2202, and amendments
53		-	thereto;
54		-	(2) assist in the implementation of subsection (b);
55		-	(3) pay for and manage a network referral system database; and
56		-	(4) adopt rules and regulations as necessary, subject to available
57		-	appropriations.
58		-	(d) (1) A provider shall submit all charges for payment of reviews
59		-	and CARE exams to the secretary of health and environment within 90
60		-	days after a review or exam has been performed.
61		-	(2) The secretary of health and environment shall pay all charges
62		-	directly to the provider within 30 days after being submitted.
63		-	(3) The payment amount shall be for the exam at the rate not to
64		-	exceed $750 for providing such exam, excluding costs for treatment
65		-	that may be required due to the diagnosis, or any facility fees, supplies
66		-	or laboratory or radiology testing. HOUSE BILL No. 2024—page 2
67		-	(4) If a provider is found to have submitted fraudulent charges,
68		-	such provider shall be banned from the CARE network and the
69		-	secretary of health and environment shall report such incident to the
70		-	provider's licensing board. Such licensing board shall investigate such
71		-	report to determine whether unprofessional conduct has occurred.
72		-	(5) On or before January 31, 2024, the secretary of health and
73		-	environment shall prepare and present a report to the house of
74		-	representatives standing committee on child welfare and foster care and
75		-	the senate standing committee on public health and welfare, or their
76		-	successor committees, of the activities and operations under this
77		-	section. Such report shall include:
78		-	(A) The number of providers who have submitted charges;
79		-	(B) the number of reviews and CARE exams performed;
80		-	(C) average charge submitted per review and CARE exam;
81		-	(D) total amount paid out to providers;
82		-	(E) the average number of days between when:
83		-	(i) A review or CARE exam is performed and charges are
84		-	submitted; and
85		-	(ii) charges are submitted and paid to a provider; and
86		-	(F) any findings of fraudulent charges.
87		-	(e) There is hereby established in the state treasury the child abuse
88		-	review and evaluation fund, and such fund shall be administered by the
89		-	secretary of health and environment. All expenditures from the child
90		-	abuse review and evaluation fund shall be for payments of reviews,
91		-	CARE exams, training of CARE providers and the implementation and
92		-	administration of subsection (b), as needed. All expenditures from the
93		-	child abuse review and evaluation fund shall be made in accordance
94		-	with appropriation acts upon warrants of the director of accounts and
95		-	reports issued pursuant to vouchers approved by the secretary of health
96		-	and environment or the secretary's designee. All moneys received for
97		-	reviews, CARE exams and CARE provider training shall be remitted to
98		-	the state treasurer in accordance with the provisions of K.S.A. 75-4215,
99		-	and amendments thereto. Upon receipt of each such remittance, the
100		-	state treasurer shall deposit the entire amount in the state treasury to the
101		-	credit of the child abuse review and evaluation fund.
102		-	(f) This section shall be a part of and supplemental to the revised
103		-	Kansas code for care of children.
104		-	New Sec. 2. (a) This section shall be known and may be cited as
105		-	the Representative Gail Finney memorial foster care bill of rights.
106		-	(b) Consistent with the policy of the state expressed in K.S.A. 38-
107		-	2201 et seq., and amendments thereto, in order to ensure proper care
108		-	and protection of a child in need of care in the child welfare system,
109		-	unless otherwise ordered by the court, such child shall have the right to:
110		-	(1) Live in a safe, comfortable placement, in accordance with
111		-	K.S.A. 38-2255, and amendments thereto:
112		-	(A) Where such child lives in the least restrictive environment;
113		-	(B) where such child shall be treated with respect, have a place to
114		-	store belongings and receive healthy food, adequate clothing and
115		-	appropriate personal hygiene products;
116		-	(C) with siblings when possible; and
117		-	(D) upon proper investigation and consideration in accordance
118		-	with K.S.A. 38-2242, and amendments thereto, with a relative, kinship
119		-	care placement or someone from such child's community with similar
120		-	religious beliefs or ethnic heritage;
121		-	(2) have visits with family;
122		-	(3) have as few placements as possible;
123		-	(4) have and maintain belongings by:
124		-	(A) Making a list of belongings to have when placed out of home;
125		-	(B) providing such list of belongings to such child's case manager;
126		-	(C) bringing such belongings when placed out of home; and
127		-	(D) if going on a visit or to a new placement, having belongings
128		-	packed and transportable for the visit or move;
129		-	(5) have access to all appropriate school supplies, services,
130		-	tutoring, extra-curricular, cultural and personal enrichment activities; HOUSE BILL No. 2024—page 3
131		-	(6) attend school daily in accordance with K.S.A. 38-2218, and
132		-	amendments thereto;
133		-	(7) receive a high school diploma if such child has earned the
134		-	standard credits in accordance with K.S.A. 38-2285, and amendments
135		-	thereto;
136		-	(8) be notified of all hearings held pursuant to the revised Kansas
137		-	code for care of children, when age or developmentally appropriate;
138		-	(9) attend, in person or virtually, all court hearings held pursuant
139		-	to the revised Kansas code for care of children, when age or
140		-	developmentally appropriate;
141		-	(10) address the court regarding any proposed placement or
142		-	placement change in accordance with K.S.A. 38-2262, and
143		-	amendments thereto, when age or developmentally appropriate;
144		-	(11) have a guardian ad litem represent the best interests of the
145		-	child, in accordance with K.S.A. 38-2205, and amendments thereto,
146		-	and contact such child regularly;
147		-	(12) request an attorney who will represent the position of the
148		-	child, if different than the determinations of the guardian ad litem, in
149		-	accordance with K.S.A. 38-2205, and amendments thereto;
150		-	(13) have privacy to send and receive unopened mail and make
151		-	and receive phone calls;
152		-	(14) have regular and private contact with and access to case
153		-	managers, attorneys and advocates;
154		-	(15) access accurate and necessary information for such child's
155		-	well-being from case managers, guardians and any person who is by
156		-	law liable to maintain, care for or support the child;
157		-	(16) have as few changes in case managers as possible;
158		-	(17) contact a case manager's supervisor if there is a conflict that
159		-	cannot be resolved between such child and such child's case manager;
160		-	(18) report a violation of this section without fear of punishment,
161		-	interference, coercion or retaliation; and
162		-	(19) when transitioning out of the child welfare system:
163		-	(A) Be an active participant in developing a transition plan, as
164		-	defined in K.S.A. 38-2202, and amendments thereto;
165		-	(B) have services and benefits explained;
166		-	(C) have a checking or savings account;
167		-	(D) learn to manage money, when age or developmentally
168		-	appropriate;
169		-	(E) learn job skills that are age or developmentally appropriate;
170		-	and
171		-	(F) be involved in life skills training and activities.
172		-	(c) Consistent with the policy of the state expressed in K.S.A. 38-
173		-	2201 et seq., and amendments thereto, in order to ensure active
174		-	participation of foster parents and kinship caregivers as an integral,
175		-	indispensable and vital role in the state's efforts to care for children in
176		-	the custody of the secretary, unless otherwise ordered by the court, such
177		-	foster parents and kinship caregivers shall have the right to:
178		-	(1) Be treated by the Kansas department for children and families
179		-	and other child welfare system stakeholders with dignity, respect and
180		-	trust as a primary provider of care and support and a member of the
181		-	professional team caring for a child in the custody of the secretary;
182		-	(2) not be discriminated in accordance with the Kansas act against
183		-	discrimination, K.S.A. 44-1001, et seq., and amendments thereto, and
184		-	federal law;
185		-	(3) continue with such foster parents' and kinship caregivers' own
186		-	family values and beliefs with consideration given to the special needs
187		-	of children who have experienced trauma and separation from their
188		-	biological families, if the values and beliefs of the child and the
189		-	biological family are respected and not infringed upon;
190		-	(4) make decisions concerning the child consistent with the
191		-	policies, procedures and other directions of the Kansas department for
192		-	children and families and within the limits of state and federal law;
193		-	(5) receive standardized preservice training by the Kansas
194		-	department for children and families or the department's designee and HOUSE BILL No. 2024—page 4
195		-	at appropriate intervals to meet mutually assessed needs of the child,
196		-	such foster parents and kinship caregivers;
197		-	(6) receive timely financial reimbursement and be notified of any
198		-	costs or expenses for which such foster parents and kinship caregivers
199		-	may be eligible for reimbursement in accordance with K.S.A. 38-2216,
200		-	and amendments thereto;
201		-	(7) receive information regarding services and contact the Kansas
202		-	department for children and families or the department's designee
203		-	during regular business hours and, in the event of an emergency, by
204		-	telephone after business hours;
205		-	(8) receive any information on issues concerning the child and
206		-	known to the Kansas department for children and families or the
207		-	department's designee that is relevant to the care of the child or that
208		-	may jeopardize the health and safety of the foster family, the kinship
209		-	care placement or the child or alter the manner in which care and
210		-	services should be administered prior to the placement of such child;
211		-	(9) discuss known information regarding the child prior to
212		-	placement and be provided additional information from the Kansas
213		-	department for children and families or the department's designee as
214		-	such information becomes available under state and federal law;
215		-	(10) refuse placement of a child in such foster parents' and kinship
216		-	caregivers' home or request the removal of a child from such foster
217		-	parents' and kinship caregivers' home after providing reasonable notice;
218		-	(11) receive any available information through the Kansas
219		-	department for children and families regarding the number of times a
220		-	child has been placed and the reasons for such placements, and receive
221		-	the names and phone numbers of any previous placements if such
222		-	placements have authorized such a release by law;
223		-	(12) receive information from the Kansas department for children
224		-	and families that is relevant to the care of a child when the child is
225		-	placed with such foster parents and kinship caregivers;
226		-	(13) provide input and participate in the case planning process for
227		-	the child and participate in and be informed about the planning of
228		-	visitation between the child and the child's biological family,
229		-	recognizing that visitation with the child's biological family is
230		-	important, in accordance with K.S.A. 38-2255, and amendments
231		-	thereto;
232		-	(14) communicate with the child's child welfare case management
233		-	provider and share and obtain relevant and appropriate information
234		-	regarding such child's placement;
235		-	(15) communicate with members of the child's professional team,
236		-	including, but not limited to, such child's child welfare management
237		-	provider, therapists, physicians and teachers as allowed by rules and
238		-	regulations and state and federal law, for the purpose of participating in
239		-	such child's case plan;
240		-	(16) be notified in advance of any court hearing or review where
241		-	the case plan or permanency of the child is an issue, including periodic
242		-	reviews held by the court, in accordance with the revised Kansas code
243		-	for care of children;
244		-	(17) be considered as a placement option, if a child who was
245		-	formerly placed with such parents or kinship caregivers is in the
246		-	custody of the secretary again;
247		-	(18) continue contact and communication with a child subsequent
248		-	to the child's placement from such foster parents' and kinship
249		-	caregivers' home, subject to the approval of the child and the child's
250		-	biological parents, if such biological parents' rights have not been
251		-	terminated;
252		-	(19) direct questions to the Kansas department for children and
253		-	families regarding information, concerns, policy violations and a
254		-	corrective action plan relating to licensure as a family foster home;
255		-	(20) have the rights described in this section be given full
256		-	consideration when the Kansas department for children and families
257		-	develops and approves policies regarding placement and permanency;
258		-	(21) submit a report to the court pursuant to K.S.A. 38-2261, and HOUSE BILL No. 2024—page 5
259		-	amendments thereto; and
260		-	(22) request a court hearing regarding a change of placement
261		-	notice pursuant to K.S.A. 38-2258, and amendments thereto, if a child
262		-	has been placed with the same foster parents for six months or longer.
263		-	(d) (1) The secretary shall provide written and oral notification to
264		-	foster youth, foster parents and kinship caregivers of the rights created
265		-	under this section and information for filing complaints.
266		-	(2) The secretary shall make a list of the rights created under this
267		-	section digitally available on the secretary's website.
268		-	(3) Each child welfare management provider shall make available
269		-	physical and digital copies of a list of the rights created under this
270		-	section.
271		-	(e) This section shall not be construed to create a private right of
272		-	action independent of the revised Kansas code for care of children, but
273		-	may be enforced through equitable relief as a part of the corresponding
274		-	case under the revised Kansas code for care of children.
275		-	(f) This section shall be a part of and supplemental to the revised
276		-	Kansas code for care of children.
277		-	Sec. 3. K.S.A. 2022 Supp. 21-5605 is hereby amended to read as
278		-	follows: 21-5605. (a) Abandonment of a child is leaving a child under
279		-	the age of 16 years, in a place where such child may suffer because of
280		-	neglect by the parent, guardian or other person to whom the care and
281		-	custody of such child shall have been entrusted, when done with intent
282		-	to abandon such child.
283		-	(b) Aggravated abandonment of a child is abandonment of a child,
284		-	as defined in subsection (a), which results in great bodily harm.
285		-	(c) (1) Abandonment of a child is a severity level 8, person felony.
286		-	(2) Aggravated abandonment of a child is a severity level 5,
287		-	person felony.
288		-	(d) No parent or other person having lawful custody of an infant
289		-	shall be prosecuted for a violation of subsection (a), if such parent or
290		-	person surrenders custody of an infant in the manner provided by
291		-	K.S.A. 38-2282, and amendments thereto, and if such infant has not
292		-	suffered great bodily harm.
293		-	(e) A person who violates the provisions of this section may also
294		-	be prosecuted for, convicted of, and punished for any form of battery or
295		-	homicide.
296		-	Sec. 4. K.S.A. 38-2203 is hereby amended to read as follows: 38-
297		-	2203. (a) Proceedings concerning any child who may be a child in need
298		-	of care shall be governed by this code, except in those instances when
299		-	the court knows or has reason to know that an Indian child is involved
300		-	in the proceeding, in which case, the Indian child welfare act of 1978,
301		-	25 U.S.C. § 1901 et seq., applies. The Indian child welfare act may
302		-	apply to: The filing to initiate a child in need of care proceeding,
303		-	K.S.A. 38-2234, and amendments thereto; ex parte custody orders,
304		-	K.S.A. 38-2242, and amendments thereto; temporary custody hearing,
305		-	K.S.A. 38-2243, and amendments thereto; adjudication, K.S.A. 38-
306		-	2247, and amendments thereto; burden of proof, K.S.A. 38-2250, and
307		-	amendments thereto; disposition, K.S.A. 38-2255, and amendments
308		-	thereto; permanency hearings, K.S.A. 38-2264, and amendments
309		-	thereto; termination of parental rights, K.S.A. 38-2267, 38-2268 and
310		-	38-2269, and amendments thereto; establishment of permanent
311		-	custodianship, K.S.A. 38-2268 and 38-2272, and amendments thereto;
312		-	the newborn infant protection act, K.S.A. 38-2282, and amendments
313		-	thereto; the Representative Gail Finney memorial foster care bill of
314		-	rights, section 2, and amendments thereto; the placement of a child in
315		-	any foster, pre-adoptive and adoptive home and the placement of a
316		-	child in a guardianship arrangement under article 30 of chapter 59 of
317		-	the Kansas Statutes Annotated, and amendments thereto.
318		-	(b) Subject to the uniform child custody jurisdiction and
319		-	enforcement act, K.S.A. 2022 Supp. 23-37,101 through 23-37,405, and
320		-	amendments thereto, the district court shall have original jurisdiction of
321		-	proceedings pursuant to this code.
322		-	(c) The court acquires jurisdiction over a child by the filing of a HOUSE BILL No. 2024—page 6
323		-	petition pursuant to this code or upon issuance of an ex parte order
324		-	pursuant to K.S.A. 38-2242, and amendments thereto. When the court
325		-	acquires jurisdiction over a child in need of care, jurisdiction may
326		-	continue until the child has: (1) Become 18 years of age, or until June 1
327		-	of the school year during which the child became 18 years of age if the
328		-	child is still attending high school unless there is no court approved
329		-	transition plan, in which event jurisdiction may continue until a
330		-	transition plan is approved by the court or until the child reaches the
331		-	age of 21; (2) been adopted; or (3) been discharged by the court. Any
332		-	child 18 years of age or over may request, in writing to the court, that
333		-	the jurisdiction of the court cease. The court shall give notice of the
334		-	request to all parties and interested parties and 30 days after receipt of
335		-	the request, jurisdiction will cease.
336		-	(d) When it is no longer appropriate for the court to exercise
337		-	jurisdiction over a child, the court, upon its own motion or the motion
338		-	of a party or interested party at a hearing or upon agreement of all
339		-	parties or interested parties, shall enter an order discharging the child.
340		-	Except upon request of the child pursuant to subsection (c), the court
341		-	shall not enter an order discharging a child until June 1 of the school
342		-	year during which the child becomes 18 years of age if the child is in an
343		-	out-of-home placement, is still attending high school and has not
344		-	completed the child's high school education.
345		-	(e) When a petition is filed under this code, a person who is
346		-	alleged to be under 18 years of age shall be presumed to be under that
347		-	age for the purposes of this code, unless the contrary is proved.
348		-	(f) A court's order issued in a proceeding pursuant to this code,
349		-	shall take precedence over such orders in a civil custody case, a
350		-	proceeding under article 31 of chapter 60 of the Kansas Statutes
351		-	Annotated, and amendments thereto, protection from abuse act, or a
352		-	comparable case in another jurisdiction, except as provided by K.S.A.
353		-	2022 Supp. 23-37,101 through 23-37,405, and amendments thereto,
354		-	uniform child custody jurisdiction and enforcement act.
355		-	Sec. 5. K.S.A. 38-2202 is hereby amended to read as follows: 38-
356		-	2202. As used in the revised Kansas code for care of children, unless
357		-	the context otherwise indicates:
358		-	(a) "Abandon" or "abandonment" means to forsake, desert or,
359		-	without making appropriate provision for substitute care, cease
360		-	providing care for the child.
361		-	(b) "Adult correction facility" means any public or private facility,
362		-	secure or nonsecure, that is used for the lawful custody of accused or
363		-	convicted adult criminal offenders.
364		-	(c) "Aggravated circumstances" means the abandonment, torture,
365		-	chronic abuse, sexual abuse or chronic, life threatening neglect of a
366		-	child.
367		-	(d) "Child in need of care" means a person less than 18 years of
368		-	age at the time of filing of the petition or issuance of an ex parte
369		-	protective custody order pursuant to K.S.A. 38-2242, and amendments
370		-	thereto, who:
371		-	(1) Is without adequate parental care, control or subsistence and
372		-	the condition is not due solely to the lack of financial means of the
373		-	child's parents or other custodian;
374		-	(2) is without the care or control necessary for the child's physical,
375		-	mental or emotional health;
376		-	(3) has been physically, mentally or emotionally abused or
377		-	neglected or sexually abused;
378		-	(4) has been placed for care or adoption in violation of law;
379		-	(5) has been abandoned or does not have a known living parent;
380		-	(6) is not attending school as required by K.S.A. 72-3421 or 72-
381		-	3120, and amendments thereto;
382		-	(7) except in the case of a violation of K.S.A. 41-727, K.S.A. 74-
383		-	8810(j), K.S.A. 79-3321(m) or (n), or K.S.A. 2022 Supp. 21-6301(a)
384		-	(14), and amendments thereto, or, except as provided in paragraph (12),
385		-	does an act which, when committed by a person under 18 years of age,
386		-	is prohibited by state law, city ordinance or county resolution, but HOUSE BILL No. 2024—page 7
387		-	which is not prohibited when done by an adult;
388		-	(8) while less than 10 years of age, commits any act that if done
389		-	by an adult would constitute the commission of a felony or
390		-	misdemeanor as defined by K.S.A. 2022 Supp. 21-5102, and
391		-	amendments thereto;
392		-	(9) is willfully and voluntarily absent from the child's home
393		-	without the consent of the child's parent or other custodian;
394		-	(10) is willfully and voluntarily absent at least a second time from
395		-	a court ordered or designated placement, or a placement pursuant to
396		-	court order, if the absence is without the consent of the person with
397		-	whom the child is placed or, if the child is placed in a facility, without
398		-	the consent of the person in charge of such facility or such person's
399		-	designee;
400		-	(11) has been residing in the same residence with a sibling or
401		-	another person under 18 years of age, who has been physically,
402		-	mentally or emotionally abused or neglected, or sexually abused;
403		-	(12) while less than 10 years of age commits the offense defined
404		-	in K.S.A. 2022 Supp. 21-6301(a)(14), and amendments thereto;
405		-	(13) has had a permanent custodian appointed and the permanent
406		-	custodian is no longer able or willing to serve; or
407		-	(14) has been subjected to an act that would constitute human
408		-	trafficking or aggravated human trafficking, as defined by K.S.A. 2022
409		-	Supp. 21-5426, and amendments thereto, or commercial sexual
410		-	exploitation of a child, as defined by K.S.A. 2022 Supp. 21-6422, and
411		-	amendments thereto, or has committed an act which, if committed by
412		-	an adult, would constitute selling sexual relations, as defined by K.S.A.
413		-	2022 Supp. 21-6419, and amendments thereto.
414		-	(e) "Child abuse medical resource center" means a medical
415		-	institution affiliated with an accredited children's hospital or a
416		-	recognized institution of higher education that has an accredited
417		-	medical school program with board-certified child abuse pediatricians
418		-	who provide training, support, mentoring and peer review to CARE
419		-	providers on CARE exams.
420		-	(f) "Child abuse review and evaluation exam" or "CARE exam"
421		-	means a forensic medical evaluation of a child alleged to be a victim of
422		-	abuse or neglect conducted by a CARE provider.
423		-	(g) "Child abuse review and evaluation network" or "CARE
424		-	network" means a network of CARE providers, child abuse medical
425		-	resource centers and any medical provider associated with a child
426		-	advocacy center that has the ability to conduct a CARE exam that
427		-	collaborate to improve services provided to a child alleged to be a
428		-	victim of abuse or neglect.
429		-	(h) "Child abuse review and evaluation provider" or "CARE
430		-	provider" means a person licensed to practice medicine and surgery,
431		-	advanced practice registered nurse or licensed physician assistant who
432		-	performs CARE exams of and provides medical diagnosis and
433		-	treatment to a child alleged to be a victim of abuse or neglect and who
434		-	receives:
435		-	(1) Kansas-based initial intensive training regarding child
436		-	maltreatment from the CARE network;
437		-	(2) continuous trainings on child maltreatment from the CARE
438		-	network; and
439		-	(3) peer review and new provider mentoring regarding medical
440		-	evaluations from a child abuse medical resource center.
441		-	(i) "Child abuse review and evaluation referral" or "CARE
442		-	referral" means a brief written review of allegations of physical abuse,
443		-	emotional abuse, medical neglect or physical neglect submitted by the
444		-	secretary or law enforcement agency to a child abuse medical resource
445		-	center for a recommendation of such child's need for medical care that
446		-	may include a CARE exam.
447		-	(j) "Citizen review board" is a group of community volunteers
448		-	appointed by the court and whose duties are prescribed by K.S.A. 38-
449		-	2207 and 38-2208, and amendments thereto.
450		-	(f)(k) "Civil custody case" includes any case filed under chapter HOUSE BILL No. 2024—page 8
451		-	23 of the Kansas Statutes Annotated, and amendments thereto, the
452		-	Kansas family law code, article 11 of chapter 38 of the Kansas Statutes
453		-	Annotated, and amendments thereto, determination of parentage, article
454		-	21 of chapter 59 of the Kansas Statutes Annotated, and amendments
455		-	thereto, adoption and relinquishment act, or article 30 of chapter 59 of
456		-	the Kansas Statutes Annotated, and amendments thereto, guardians and
457		-	conservators.
458		-	(g)(l) "Court-appointed special advocate" means a responsible
459		-	adult other than an attorney guardian ad litem who is appointed by the
460		-	court to represent the best interests of a child, as provided in K.S.A. 38-
461		-	2206, and amendments thereto, in a proceeding pursuant to this code.
462		-	(h)(m) "Custody" whether temporary, protective or legal, means
463		-	the status created by court order or statute that vests in a custodian,
464		-	whether an individual or an agency, the right to physical possession of
465		-	the child and the right to determine placement of the child, subject to
466		-	restrictions placed by the court.
467		-	(i)(n) "Extended out of home placement" means a child has been
468		-	in the custody of the secretary and placed with neither parent for 15 of
469		-	the most recent 22 months beginning 60 days after the date at which a
470		-	child in the custody of the secretary was removed from the child's
471		-	home.
472		-	(j)(o) "Educational institution" means all schools at the elementary
473		-	and secondary levels.
474		-	(k)(p) "Educator" means any administrator, teacher or other
475		-	professional or paraprofessional employee of an educational institution
476		-	who has exposure to a pupil specified in K.S.A. 72-6143(a), and
477		-	amendments thereto.
478		-	(l)(q) "Harm" means physical or psychological injury or damage.
479		-	(m)(r) "Interested party" means the grandparent of the child, a
480		-	person with whom the child has been living for a significant period of
481		-	time when the child in need of care petition is filed, and any person
482		-	made an interested party by the court pursuant to K.S.A. 38-2241, and
483		-	amendments thereto, or Indian tribe seeking to intervene that is not a
484		-	party.
485		-	(n)(s) "Jail" means:
486		-	(1) An adult jail or lockup; or
487		-	(2) a facility in the same building or on the same grounds as an
488		-	adult jail or lockup, unless the facility meets all applicable standards
489		-	and licensure requirements under law and there is: (A) Total separation
490		-	of the juvenile and adult facility spatial areas such that there could be
491		-	no haphazard or accidental contact between juvenile and adult residents
492		-	in the respective facilities; (B) total separation in all juvenile and adult
493		-	program activities within the facilities, including recreation, education,
494		-	counseling, health care, dining, sleeping and general living activities;
495		-	and (C) separate juvenile and adult staff, including management,
496		-	security staff and direct care staff such as recreational, educational and
497		-	counseling.
498		-	(o)(t) "Juvenile detention facility" means any secure public or
499		-	private facility used for the lawful custody of accused or adjudicated
500		-	juvenile offenders that must not be a jail.
501		-	(p)(u) "Juvenile intake and assessment worker" means a
502		-	responsible adult authorized to perform intake and assessment services
503		-	as part of the intake and assessment system established pursuant to
504		-	K.S.A. 75-7023, and amendments thereto.
505		-	(q)(v) "Kinship care placement" means the placement of a child in
506		-	the home of an adult with whom the child or the child's parent already
507		-	has close emotional ties.
508		-	(w) "Kinship caregiver" means an adult who the secretary has
509		-	selected for placement for a child in need of care with whom the child
510		-	or the child's parent already has close emotional ties.
511		-	(r)(x) "Law enforcement officer" means any person who by virtue
512		-	of office or public employment is vested by law with a duty to maintain
513		-	public order or to make arrests for crimes, whether that duty extends to
514		-	all crimes or is limited to specific crimes. HOUSE BILL No. 2024—page 9
515		-	(s)(y) "Multidisciplinary team" means a group of persons,
516		-	appointed by the court under K.S.A. 38-2228, and amendments thereto,
517		-	that has knowledge of the circumstances of a child in need of care.
518		-	(t)(z) "Neglect" means acts or omissions by a parent, guardian or
519		-	person responsible for the care of a child resulting in harm to a child, or
520		-	presenting a likelihood of harm, and the acts or omissions are not due
521		-	solely to the lack of financial means of the child's parents or other
522		-	custodian. Neglect may include, but shall not be limited to:
523		-	(1) Failure to provide the child with food, clothing or shelter
524		-	necessary to sustain the life or health of the child;
525		-	(2) failure to provide adequate supervision of a child or to remove
526		-	a child from a situation that requires judgment or actions beyond the
527		-	child's level of maturity, physical condition or mental abilities and that
528		-	results in bodily injury or a likelihood of harm to the child; or
529		-	(3) failure to use resources available to treat a diagnosed medical
530		-	condition if such treatment will make a child substantially more
531		-	comfortable, reduce pain and suffering, or correct or substantially
532		-	diminish a crippling condition from worsening. A parent legitimately
533		-	practicing religious beliefs who does not provide specified medical
534		-	treatment for a child because of religious beliefs shall, not for that
535		-	reason, be considered a negligent parent; however, this exception shall
536		-	not preclude a court from entering an order pursuant to K.S.A. 38-
537		-	2217(a)(2), and amendments thereto.
538		-	(u)(aa) "Parent" when used in relation to a child or children,
539		-	includes a guardian and every person who is by law liable to maintain,
540		-	care for or support the child.
541		-	(v)(bb) "Party" means the state, the petitioner, the child, any
542		-	parent of the child and an Indian child's tribe intervening pursuant to
543		-	the Indian child welfare act.
544		-	(w)(cc) "Permanency goal" means the outcome of the permanency
545		-	planning process, which may be reintegration, adoption, appointment of
546		-	a permanent custodian or another planned permanent living
547		-	arrangement.
548		-	(x)(dd) "Permanent custodian" means a judicially approved
549		-	permanent guardian of a child pursuant to K.S.A. 38-2272, and
550		-	amendments thereto.
551		-	(y)(ee) "Physical, mental or emotional abuse" means the infliction
552		-	of physical, mental or emotional harm or the causing of a deterioration
553		-	of a child and may include, but shall not be limited to, maltreatment or
554		-	exploiting a child to the extent that the child's health or emotional well-
555		-	being is endangered.
556		-	(z)(ff) "Placement" means the designation by the individual or
557		-	agency having custody of where and with whom the child will live.
558		-	(aa)(gg) "Qualified residential treatment program" means a
559		-	program designated by the secretary for children and families as a
560		-	qualified residential treatment program pursuant to federal law.
561		-	(bb)(hh) "Reasonable and prudent parenting standard" means the
562		-	standard characterized by careful and sensible parental decisions that
563		-	maintain the health, safety and best interests of a child while at the
564		-	same time encouraging the emotional and developmental growth of the
565		-	child, that a caregiver shall use when determining whether to allow a
566		-	child in foster care under the responsibility of the state to participate in
567		-	extracurricular, enrichment, cultural and social activities.
568		-	(cc)(ii) "Relative" means a person related by blood, marriage or
569		-	adoption.
570		-	(dd)(jj) "Runaway" means a child who is willfully and voluntarily
571		-	absent from the child's home without the consent of the child's parent or
572		-	other custodian.
573		-	(ee)(kk) "Secretary" means the secretary for children and families
574		-	or the secretary's designee.
575		-	(ff)(ll) "Secure facility" means a facility, other than a staff secure
576		-	facility or juvenile detention facility, that is operated or structured so as
577		-	to ensure that all entrances and exits from the facility are under the
578		-	exclusive control of the staff of the facility, whether or not the person HOUSE BILL No. 2024—page 10
579		-	being detained has freedom of movement within the perimeters of the
580		-	facility, or that relies on locked rooms and buildings, fences or physical
581		-	restraint in order to control behavior of its residents. No secure facility
582		-	shall be in a city or county jail.
583		-	(gg)(mm) "Sexual abuse" means any contact or interaction with a
584		-	child in which the child is being used for the sexual stimulation of the
585		-	perpetrator, the child or another person. Sexual abuse shall include, but
586		-	is not limited to, allowing, permitting or encouraging a child to:
587		-	(1) Be photographed, filmed or depicted in pornographic material;
588		-	or
589		-	(2) be subjected to aggravated human trafficking, as defined in
590		-	K.S.A. 2022 Supp. 21-5426(b), and amendments thereto, if committed
591		-	in whole or in part for the purpose of the sexual gratification of the
592		-	offender or another, or be subjected to an act that would constitute
593		-	conduct proscribed by article 55 of chapter 21 of the Kansas Statutes
594		-	Annotated or K.S.A. 2022 Supp. 21-6419 or 21-6422, and amendments
595		-	thereto.
596		-	(hh)(nn) "Shelter facility" means any public or private facility or
597		-	home, other than a juvenile detention facility or staff secure facility,
598		-	that may be used in accordance with this code for the purpose of
599		-	providing either temporary placement for children in need of care prior
600		-	to the issuance of a dispositional order or longer term care under a
601		-	dispositional order.
602		-	(ii)(oo) "Staff secure facility" means a facility described in K.S.A.
603		-	65-535, and amendments thereto: (1) That does not include
604		-	construction features designed to physically restrict the movements and
605		-	activities of juvenile residents who are placed therein; (2) that may
606		-	establish reasonable rules restricting entrance to and egress from the
607		-	facility; and (3) in which the movements and activities of individual
608		-	juvenile residents may, for treatment purposes, be restricted or subject
609		-	to control through the use of intensive staff supervision. No staff secure
610		-	facility shall be in a city or county jail.
611		-	(jj)(pp) "Transition plan" means, when used in relation to a youth
612		-	in the custody of the secretary, an individualized strategy for the
613		-	provision of medical, mental health, education, employment and
614		-	housing supports as needed for the adult and, if applicable, for any
615		-	minor child of the adult, to live independently and specifically provides
616		-	for the supports and any services for which an adult with a disability is
617		-	eligible including, but not limited to, funding for home and community
618		-	based services waivers.
619		-	(kk)(qq) "Youth residential facility" means any home, foster home
620		-	or structure that provides 24-hour-a-day care for children and that is
621		-	licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
622		-	Annotated, and amendments thereto.
623		-	Sec. 6. K.S.A. 38-2226 is hereby amended to read as follows: 38-
624		-	2226. (a) Investigation for child abuse or neglect. The secretary and
625		-	law enforcement officers shall have the duty to receive and investigate
626		-	reports of child abuse or neglect for the purpose of determining
627		-	whether the report is valid and whether action is required to protect a
628		-	child. Any person or agency which maintains records relating to the
629		-	involved child which are relevant to any investigation conducted by the
630		-	secretary or law enforcement agency under this code shall provide the
631		-	secretary or law enforcement agency with the necessary records to
632		-	assist in investigations. In order to provide such records, the person or
633		-	agency maintaining the records shall receive from the secretary or law
634		-	enforcement: (1) A written request for information; and (2) a written
635		-	notice that the investigation is being conducted by the secretary or law
636		-	enforcement. If the secretary and such officers determine that no action
637		-	is necessary to protect the child but that a criminal prosecution should
638		-	be considered, such law enforcement officers shall make a report of the
639		-	case to the appropriate law enforcement agency.
640		-	(b) Joint investigations. When a report of child abuse or neglect
641		-	indicates: (1) That there is serious physical harm to, serious
642		-	deterioration of or sexual abuse of the child; and (2) that action may be HOUSE BILL No. 2024—page 11
643		-	required to protect the child, the investigation shall be conducted as a
644		-	joint effort between the secretary and the appropriate law enforcement
645		-	agency or agencies, with a free exchange of information between them
646		-	pursuant to K.S.A. 38-2210, and amendments thereto. If a statement of
647		-	a suspect is obtained by either agency, a copy of the statement shall be
648		-	provided to the other.
649		-	(c) Investigation of certain cases. Suspected child abuse or neglect
650		-	which occurs in an institution operated by the Kansas department of
651		-	corrections shall be investigated by the attorney general or secretary of
652		-	corrections. Any suspected child abuse or neglect in an institution
653		-	operated by the Kansas department for aging and disability services, or
654		-	by persons employed by the Kansas department for aging and disability
655		-	services or the Kansas department for children and families, or of
656		-	children of persons employed by either department, shall be
657		-	investigated by the appropriate law enforcement agency.
658		-	(d) Coordination of investigations by county or district attorney. If
659		-	a dispute develops between agencies investigating a reported case of
660		-	child abuse or neglect, the appropriate county or district attorney shall
661		-	take charge of, direct and coordinate the investigation.
662		-	(e) Investigations concerning certain facilities. Any investigation
663		-	involving a facility subject to licensing or regulation by the secretary of
664		-	health and environment shall be promptly reported to the state secretary
665		-	of health and environment.
666		-	(f) Cooperation between agencies. Law enforcement agencies and
667		-	the secretary shall assist each other in taking action which is necessary
668		-	to protect a child regardless of which agency conducted the initial
669		-	investigation.
670		-	(g) Cooperation between school personnel and investigative
671		-	agencies. (1) Educational institutions, the secretary and law
672		-	enforcement agencies shall cooperate with each other in the
673		-	investigation of reports of suspected child abuse or neglect. The
674		-	secretary and law enforcement agencies shall have access to a child in a
675		-	setting designated by school personnel on the premises of an
676		-	educational institution. Attendance at an interview conducted on such
677		-	premises shall be at the discretion of the agency conducting the
678		-	interview, giving consideration to the best interests of the child. To the
679		-	extent that safety and practical considerations allow, law enforcement
680		-	officers on such premises for the purpose of investigating a report of
681		-	suspected child abuse or neglect shall not be in uniform.
682		-	(2) The secretary or a law enforcement officer may request the
683		-	presence of school personnel during an interview if the secretary or
684		-	officer determines that the presence of such person might provide
685		-	comfort to the child or facilitate the investigation.
686		-	(h) Visual observation required. As part of any investigation
687		-	conducted pursuant to this section, the secretary, or the secretary's
688		-	designee, or the law enforcement agency, or such agency's designee,
689		-	that is conducting the investigation shall visually observe the child who
690		-	is the alleged victim of abuse or neglect. In the case of a joint
691		-	investigation conducted pursuant to subsection (b), the secretary and
692		-	the investigating law enforcement agency, or the designees of the
693		-	secretary and such agency, shall both visually observe the child who is
694		-	the alleged victim of abuse or neglect. All investigation reports shall
695		-	include the date, time and location of any visual observation of a child
696		-	that is required by this subsection.
697		-	(i) Child abuse review and evaluation referrals. (1) Upon
698		-	investigation by law enforcement or assignment by the secretary of any
699		-	investigation of physical abuse or physical neglect conducted pursuant
700		-	to this section that concerns a child five years of age or younger, the
701		-	secretary, the law enforcement agency or the agency's designee shall
702		-	make a CARE referral for such child.
703		-	(2) In any other investigation of physical abuse, emotional abuse,
704		-	medical neglect or physical neglect conducted pursuant to this section,
705		-	the secretary, the law enforcement agency or the agency's designee
706		-	may make a CARE referral for such child. HOUSE BILL No. 2024—page 12
707		-	Sec. 7. K.S.A. 38-2258 is hereby amended to read as follows: 38-
708		-	2258. (a) Except as provided in K.S.A. 38-2255(d)(2) and 38-2259, and
709		-	amendments thereto, if a child has been in the same foster home,
710		-	kinship care placement or shelter facility for six months or longer, or
711		-	has been placed by the secretary in the home of a parent or relative, the
712		-	secretary shall give written notice of any plan to move the child to a
713		-	different placement unless the move is to the selected preadoptive
714		-	family for the purpose of facilitating adoption. The notice shall be
715		-	given to: (1) The court having jurisdiction over the child; (2) the
716		-	petitioner; (3) the attorney for the parents, if any; (4) each parent whose
717		-	address is available; (5) the foster parent or custodian from whose
718		-	home or shelter facility it is proposed to remove the child; (6) the child,
719		-	if 12 or more years of age; (7) the child's guardian ad litem; (8) any
720		-	other party or interested party; and (9) the child's court appointed
721		-	special advocate.
722		-	(b) The notice shall state the placement to which the secretary
723		-	plans to transfer the child and the reason for the proposed action. The
724		-	notice shall be mailed by first class mail 30 days in advance of the
725		-	planned transfer, except that the secretary shall not be required to wait
726		-	30 days to transfer the child if all persons enumerated in subsection (a)
727		-	(2) through (8) consent in writing to the transfer.
728		-	(c) Within 14 days after receipt of the notice, any person
729		-	enumerated in subsection (a)(2) through (8) receiving notice as
730		-	provided above may request, either orally or in writing, that the court
731		-	conduct a hearing to determine whether or not the change in placement
732		-	is in the best interests of the child concerned. When the request has
733		-	been received, the court shall schedule a hearing and immediately
734		-	notify the secretary of the request and the time and date the matter will
735		-	be heard. The court shall give notice of the hearing to persons
736		-	enumerated in subsection (a)(2) through (9). If the court does not
737		-	receive a request for hearing within the specified time, the change in
738		-	placement may occur prior to the expiration of the 30 days. The
739		-	secretary shall not change the placement of the child, except for the
740		-	purpose of adoption, unless the change is approved by the court.
741		-	(d) When, after the notice set out above, a child in the custody of
742		-	the secretary is removed from the home of a parent after having been
743		-	placed in the home of a parent for a period of six months or longer, the
744		-	secretary shall request a finding that:
745		-	(1) (A) The child is likely to sustain harm if not immediately
746		-	removed from the home;
747		-	(B) allowing the child to remain in home is contrary to the welfare
748		-	of the child; or
749		-	(C) immediate placement of the child is in the best interest of the
750		-	child; and
751		-	(2) reasonable efforts have been made to maintain the family unit
752		-	and prevent the unnecessary removal of the child from the child's home
753		-	or that an emergency exists which threatens the safety to the child.
754		-	(e) The secretary shall present to the court in writing the efforts to
755		-	maintain the family unit and prevent the unnecessary removal of the
756		-	child from the child's home. In making the findings, the court may rely
757		-	on documentation submitted by the secretary or may set the date for a
758		-	hearing on the matter. If the secretary requests such finding, the court,
759		-	not more than 45 days from the date of the request, shall provide the
760		-	secretary with a written copy of the findings by the court for the
761		-	purpose of documenting these orders.
762		-	Sec. 8. K.S.A. 38-2261 is hereby amended to read as follows: 38-
763		-	2261. The secretary shall notify the foster parent or parents kinship
764		-	caregivers that the foster parent or parents kinship caregivers have a
765		-	right to submit a report. Copies of the report shall be available to the
766		-	parties and interested parties. The report made by foster parents shall be
767		-	on a form created and provided by the Kansas department for children
768		-	and families.
769		-	Sec. 9. K.S.A. 38-2282 is hereby amended to read as follows: 38-
770		-	2282. (a) This section shall be known and may be cited as the newborn HOUSE BILL No. 2024—page 13
	10	+	Section 1. K.S.A. 38-2282 is hereby amended to read as follows: 38-
	11	+	2282. (a) This section shall be known and may be cited as the newborn
771	12		infant protection act. The purpose of this section is to protect newborn
772		-	children from injury and death caused by abandonment by a parent, and
773		-	to provide safe and secure alternatives to such abandonment. This
774		-	section shall not abridge the rights or obligations created by the Indian
775		-	child welfare act of 1978, 25 U.S.C. § 1901 et seq.
	13	+	children from injury and death caused by abandonment by a parent, and to
	14	+	provide safe and secure alternatives to such abandonment.
776	15		(b) As used in this section:
777		-	(1) "Newborn safety device" means a container designed to safely
778		-	accept delivery of an infant and that is:
779		-	(A) Voluntarily installed in a facility described in subsection (c)(1)
780		-	(A) that is staffed 24 hours per day by an employee of such facility or
781		-	has a dual alarm system that will dispatch first responders when all
782		-	employees of the facility are unavailable;
783		-	(B) located on a structural wall in an area that is conspicous and
784		-	visible to employees of the facility described in subsection (c)(1)(A);
785		-	(C) equipped with an automatic lock that would restrict access to
786		-	the device from the outside of the facility described in subsection (c)(1)
787		-	(A) when an infant is placed inside the device;
788		-	(D) equipped with a temperature control; and
789		-	(E) equipped with an alarm system described in subsection (c)(3)
790		-	that is triggered by an infant being placed inside the device;
791		-	(2) "non-relinquishing parent" means the biological parent of an
	16	+	(1) "Non-relinquishing parent" means the biological parent of an
792	17		infant who does not leave surrender the infant with any person listed in
793	18		subsection (c) in accordance with this section; and
794		-	(2~~)(3~~) "relinquishing parent" means the biological parent or person
	19	+	(2) "relinquishing parent" means the biological parent or person
795	20		having legal custody of an infant who leaves surrenders the infant with
796	21		any person listed in subsection (c) in accordance with this section.
	22	+	(3) "Infant refuge bassinet" means a device or container designed to
	23	+	safely accept delivery of an infant and that is:
	24	+	(A) Installed in a facility described in subsection (c)(1)(A) that is
	25	+	staffed 24 hours per day by an employee of such facility;
	26	+	(B) located in an area that is conspicuous and visible to employees of
	27	+	the facility described in subsection (c)(1)(A);
	28	+	(C) equipped with an automatic lock that would restrict access to the
	29	+	bassinet from the outside of the facility described in subsection (c)(1)(A)
	30	+	when an infant is placed inside the bassinet;
	31	+	(D) equipped with a temperature control; and
	32	+	(E) equipped with an alarm system described in subsection (c)(3) that
	33	+	is triggered by an infant being placed inside the bassinet.
797	34		(c) (1) A person purporting to be an infant's parent or other person
798		-	having lawful custody of an infant who is not more than 60 days old or
799		-	younger and who has not suffered great bodily harm as determined by
800		-	a person licensed to practice medicine and surgery, advanced practice
801		-	registered nurse or licensed physician assistant may surrender physical
802		-	custody of the infant to any either:
	35	+	having lawful custody of an infant who is 60 days old or younger and who
	36	+	has not suffered bodily harm may surrender physical custody of the infant
	37	+	to any either:
803	38		(A) An employee who is on duty at a police station, sheriff's office,
804	39		law enforcement center, fire station, city or county health department or
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805	76		medical care facility as defined by K.S.A. 65-425, and amendments
806		-	thereto. Such employee shall, without a court order, take physical
807		-	~~custody~~ of an infant surrendered pursuant to this section; or
808		-	(B) ~~a newborn safety device~~ installed at a facility described in
	77	+	thereto. Such employee shall, without a court order, take physical custody
	78	+	of an infant surrendered pursuant to this section; or
	79	+	(B) an infant refuge bassinet installed at a facility described in
809	80		subparagraph (A). An employee of such facility shall, without a court
810	81		order, take physical custody of an infant surrendered pursuant to this
811	82		section.
812	83		(2) A relinquishing parent voluntarily surrendering an infant under
813	84		this subsection shall not be required to reveal personally identifiable
814	85		information, but may be offered the opportunity to provide information
815		-	concerning the infant's familial or medical history or information
816		-	described in subsection (k).
817		-	(3) A facility described in this subsection that installs a newborn
818		-	safety device shall install a dual alarm system connected to the
819		-	physical location of the device. Such dual alarm system shall be tested
820		-	at least once per week and visually checked at least twice per day to
821		-	ensure such alarm is in working order.
822		-	(d) AnyAn employee of a facility described in subsection (c) (c)
823		-	(1)(A) to whom an infant is delivered pursuant to this section shall not
824		-	reveal the name or other personally identifiable information of the
825		-	person who delivered the infant unless there is a reasonable suspicion
826		-	that the infant has been abused or neglected suffered great bodily harm
827		-	or such information is required pursuant to subsection (k), and such
828		-	facility and its employees shall be immune from administrative, civil or
829		-	criminal liability for any action taken pursuant to this subsection. Such
830		-	immunity shall not extend to any acts or omissions, including negligent
831		-	or intentional acts or omissions, occurring after the acceptance of the
832		-	infant.
	86	+	concerning the infant's familial or medical history.
	87	+	(3) A facility described in this subsection that installs an infant refuge
	88	+	bassinet shall install a dual alarm system connected to the physical
	89	+	location of the bassinet. Such dual alarm system shall be tested at least
	90	+	once per week and visually checked at least twice per day to ensure such
	91	+	alarm is in working order.
	92	+	(d) AnyAn employee of a facility described in subsection (c) (c)(1)
	93	+	(A) to whom an infant is delivered pursuant to this section shall not reveal
	94	+	the name or other personally identifiable information of the person who
	95	+	delivered the infant unless there is a reasonable suspicion that the infant
	96	+	has been abused or neglected, and such facility and its employees shall be
	97	+	immune from administrative, civil or criminal liability for any action taken
	98	+	pursuant to this subsection. Such immunity shall not extend to any acts or
	99	+	omissions, including negligent or intentional acts or omissions, occurring
	100	+	after the acceptance of the infant.
833	101		(e) If an infant is delivered pursuant to this section to any a facility
834		-	described in subsection (c) (c)(1)(A) that is not a medical care facility, HOUSE BILL No. 2024—page 14
835		-	the employee of such facility who takes physical custody of the infant
836		-	shall arrange for the immediate transportation of the infant to the
837		-	nearest medical care facility as defined by K.S.A. 65-425, and
838		-	amendments thereto. The medical care facility, its employees, agents
839		-	and medical staff shall perform treatment in accordance with the
840		-	prevailing standard of care as necessary to protect the physical health
841		-	and safety of the infant and shall be immune from administrative, civil
842		-	and criminal liability for treatment performed consistent with such
843		-	standard.
844		-	(f) As soon as possible after an employee of any a facility
845		-	described in subsection (c) (c)(1)(A) takes physical custody of an infant
846		-	without a court order pursuant to this section, such person employee
847		-	shall notify a local law enforcement agency that the person employee
848		-	has taken physical custody of an infant pursuant to this section. Upon
849		-	receipt of such notice a law enforcement officer from such law
850		-	enforcement agency shall take custody of the infant as an abandoned
851		-	infant. The law enforcement agency shall report the surrender of the
852		-	infant to the secretary and deliver the infant to a facility or person
853		-	designated by the secretary pursuant to K.S.A. 38-2232, and
854		-	amendments thereto.
	102	+	described in subsection (c) (c)(1)(A) that is not a medical care facility, the
	103	+	employee of such facility who takes physical custody of the infant shall
	104	+	arrange for the immediate transportation of the infant to the nearest
	105	+	medical care facility as defined by K.S.A. 65-425, and amendments
	106	+	thereto. The medical care facility, its employees, agents and medical staff
	107	+	shall perform treatment in accordance with the prevailing standard of care
	108	+	as necessary to protect the physical health and safety of the infant and shall
	109	+	be immune from administrative, civil and criminal liability for treatment
	110	+	performed consistent with such standard.
	111	+	(f) As soon as possible after an employee of any a facility described
	112	+	in subsection (c) (c)(1)(A) takes physical custody of an infant without a
	113	+	court order pursuant to this section, such person employee shall notify a
	114	+	local law enforcement agency that the person employee has taken physical
	115	+	custody of an infant pursuant to this section. Upon receipt of such notice a
	116	+	law enforcement officer from such law enforcement agency shall take
	117	+	custody of the infant as an abandoned infant. The law enforcement agency
	118	+	shall deliver the infant to a facility or person designated by the secretary
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	162	+	pursuant to K.S.A. 38-2232, and amendments thereto.
855	163		(g) Any person, city or county or agency thereof or medical care
856	164		facility taking physical custody of an infant surrendered pursuant to this
857	165		section shall perform any act necessary to protect the physical health or
858	166		safety of the infant, and shall be immune from liability for any injury to
859	167		the infant that may result therefrom.
860		-	(h) (1) A relinquishing parent shall be immune from civil or
861		-	~~criminal~~ liability for action taken pursuant to this section only if:
862		-	(A) The relinquishing parent voluntarily delivered the infant
863		-	~~safely to~~ either:
	168	+	(h) (1) A relinquishing parent shall be immune from civil or criminal
	169	+	liability for action taken pursuant to this section only if:
	170	+	(A) The relinquishing parent voluntarily delivered the infant safely to
	171	+	either:
864	172		(i) The physical custody of an employee at a facility described in
865	173		subsection (c) (c)(1)(A); or
866		-	(ii) ~~a newborn safety device~~ installed at a facility described in
867		-	subsection (c)(1)(B); ~~and~~
	174	+	(ii) an infant refuge bassinet installed at a facility described in
	175	+	subsection (c)(1)(B);
868	176		(B) the infant was no not more than 60 days old when delivered by
869	177		the relinquishing parent to the physical custody of an employee at a
870		-	facility described in subsection (c); and
871		-	(C) the infant was not abused or neglected by the relinquishing
872		-	parent prior to such delivery and has not suffered great bodily harm as
873		-	determined by a person licensed to practice medicine and surgery,
874		-	advanced practice registered nurse or licensed physician assistant.
	178	+	facility described in subsection (c) (c)(1)(A); and
	179	+	(C) the infant was not abused or neglected by the relinquishing parent
	180	+	prior to such delivery.
875	181		(2) The relinquishing parent's voluntary delivery of an infant in
876		-	accordance with this section shall constitute the parent's implied
877		-	consent to the adoption of such infant and a voluntary relinquishment
878		-	of such parent's parental rights.
879		-	(i) (1) In any termination of parental rights proceeding initiated
880		-	after the relinquishment of an infant pursuant to this section, the state
881		-	shall publish notice pursuant to chapter 60 of the Kansas Statutes
882		-	Annotated, and amendments thereto, that an infant has been
883		-	relinquished, including the sex of the infant and the date and location of
884		-	such relinquishment. Within 30 days after publication of such notice, a
885		-	non-relinquishing parent seeking to establish parental rights shall notify
886		-	the court where the termination of parental rights proceeding is filed
887		-	and state such parent's intentions regarding the infant. The court shall
888		-	initiate proceedings to establish parentage if no person notifies the
889		-	court within 30 days. When such person is seeking to establish parental
890		-	rights, the court shall require the person, at the person's expense, to
891		-	submit to a genetic test to verify that the person is the biological parent
892		-	of the child. There shall be an examination of the putative father
893		-	registry to determine whether attempts have previously been made to
894		-	preserve parental rights to the infant. If such attempts have been made,
895		-	the state shall make reasonable efforts to provide notice of the
896		-	abandonment of the infant to such putative father.
897		-	(2) If a relinquishing parent of an infant relinquishes custody of
898		-	the infant in accordance with this section, to preserve the parental rights HOUSE BILL No. 2024—page 15
899		-	of the non-relinquishing parent, the non-relinquishing parent shall take
900		-	the steps necessary to establish parentage within 30 days after the
901		-	published notice or specific notice provided in paragraph (1).
	182	+	accordance with this section shall constitute the parent's implied consent to
	183	+	the adoption of such infant and a voluntary relinquishment of such parent's
	184	+	parental rights.
	185	+	(i) (1) In any termination of parental rights proceeding initiated after
	186	+	the relinquishment of an infant pursuant to this section, the state shall
	187	+	publish notice pursuant to chapter 60 of the Kansas Statutes Annotated,
	188	+	and amendments thereto, that an infant has been relinquished, including
	189	+	the sex of the infant and the date and location of such relinquishment.
	190	+	Within 30 days after publication of such notice, a non-relinquishing parent
	191	+	seeking to establish parental rights shall notify the court where the
	192	+	termination of parental rights proceeding is filed and state such parent's
	193	+	intentions regarding the infant. The court shall initiate proceedings to
	194	+	establish parentage if no person notifies the court within 30 days. There
	195	+	shall be an examination of the putative father registry to determine
	196	+	whether attempts have previously been made to preserve parental rights to
	197	+	the infant. If such attempts have been made, the state shall make
	198	+	reasonable efforts to provide notice of the abandonment of the infant to
	199	+	such putative father.
	200	+	(2) If a relinquishing parent of an infant relinquishes custody of the
	201	+	infant in accordance with this section, to preserve the parental rights of the
	202	+	non-relinquishing parent, the non-relinquishing parent shall take the steps
	203	+	necessary to establish parentage within 30 days after the published notice
	204	+	or specific notice provided in paragraph (1).
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902	248		(3) If a non-relinquishing parent fails to take the steps necessary to
903		-	establish parentage within the 30-day period specified in paragraph (2),
904		-	~~the~~ non-relinquishing parent may have all of such parent's rights
905		-	~~terminated~~ with respect to the child.
	249	+	establish parentage within the 30-day period specified in paragraph (2), the
	250	+	non-relinquishing parent may have all of such parent's rights terminated
	251	+	with respect to the child.
906	252		(4) If a non-relinquishing parent inquires at a facility described in
907	253		subsection (c) (c)(1)(A) regarding an infant whose custody was
908	254		relinquished pursuant to this section, such facility shall refer the non-
909	255		relinquishing parent to the Kansas department for children and families
910	256		and the court exercising jurisdiction over the child.
911	257		(j) Upon request, all medical records of the infant shall be made
912		-	available to the Kansas department for children and families and given
913		-	to the person awarded custody of such infant. The medical facility
914		-	providing such records shall be immune from liability for such release
915		-	of records release.
916		-	(k) An employee of a facility described in subsection (c)(1)(A)
917		-	shall ask the person surrendering an infant whether such infant or
918		-	either biological parent is a member of or eligible for membership in a
919		-	federally recognized Indian tribe and the identity of any such tribe or
920		-	tribes. Any facility maintaining a newborn safety device shall provide
921		-	the means for the person surrendering an infant to indicate whether
922		-	such infant or either biological parent is a member of or eligible for
923		-	membership in a federally recognized tribe or tribes. An employee of a
924		-	facility taking custody of an infant pursuant to section (c)(1) shall
925		-	provide to the secretary all information received pursuant to this
926		-	subsection. The secretary shall provide such information to the court
927		-	with jurisdiction over the infant.
928		-	(l) (1) A facility described in subsection (c)(1)(A) that receives an
929		-	infant surrendered under this section shall make available, if possible,
930		-	information to the relinquishing parent, but such parent shall not be
931		-	required to accept such information.
932		-	(2) Such information to be made available shall include:
933		-	(A) A notice stating that 60 days after the surrender of the infant
934		-	to the facility, the secretary shall commence proceedings for
935		-	termination of parental rights and placement of the infant for adoption;
936		-	(B) a list of providers that provide counseling services on grief,
937		-	pregnancy and adoption or other placement or care regarding an
938		-	infant;
939		-	(C) a copy of this statute, the rights of birth parents, a
940		-	questionnaire that a birth parent may answer questions about the
941		-	medical or background information of the child and any information
942		-	required by subsection (k); and
943		-	(D) a brochure on postpartum health.
944		-	(3) The form and manner of the information under this subsection
945		-	shall be prescribed by the secretary. The secretary shall maintain the
946		-	questionnaire under paragraph (2)(C) on a public website.
947		-	(m) Except as otherwise provided by law, the following
948		-	individuals shall not disclose any information concerning the
949		-	relinquishment of the infant and individuals involved in the
950		-	relinquishment:
951		-	(1) Persons licensed to practice medicine and surgery, advanced
952		-	practice registered nurse or licensed physician assistant;
953		-	(2) employees of a facility described in subsection (c)(1)(A);
954		-	(3) operators of a newborn safety device; or
955		-	(4) persons employed or involved with any location where an
956		-	infant may be surrendered under this section. HOUSE BILL No. 2024—page 16
957		-	Sec. 10. K.S.A. 38-2202, 38-2203, 38-2226, 38-2258, 38-2261
958		-	and 38-2282 and K.S.A. 2022 Supp. 21-5605 are hereby repealed.
959		-	Sec. 11. This act shall take effect and be in force from and after its
960		-	publication in the Kansas register.
961		-	I hereby certify that the above BILL originated in the
962		-	HOUSE, and was adopted by that body
963		-
964		-	HOUSE adopted
965		-	Conference Committee Report
966		-
967		-	Speaker of the House.
968		-
969		-	Chief Clerk of the House.
970		-	Passed the SENATE
971		-	as amended
972		-	SENATE adopted
973		-	Conference Committee Report
974		-
975		-	President of the Senate.
976		-
977		-	Secretary of the Senate.
978		-	APPROVED
979		-
980		-
981		-	Governor.
	258	+	available to the Kansas department for children and families and given to
	259	+	the person awarded custody of such infant. The medical facility providing
	260	+	such records shall be immune from liability for such release of records
	261	+	release.
	262	+	Sec. 2. K.S.A. 38-2282 is hereby repealed.
	263	+	Sec. 3. This act shall take effect and be in force from and after its
	264	+	publication in the statute book.
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