HOUSE BILL No. 2024
AN ACT concerning children and minors; relating to the revised Kansas code for care of
children, federal Indian child welfare act, newborn infant protection act; relating to
procedures in investigations of child abuse or neglect; requiring a child abuse review
and evaluation referral; creating a program in the department of health and
environment for the training and payment for child abuse reviews and exams;
enacting the Representative Gail Finney memorial foster care bill of rights; granting
rights to kinship caregivers under the revised Kansas code for care of children;
allowing the surrender of physical custody of an infant to a newborn safety device;
requiring inquiries and reporting of Indian child status; adding the requirement of
great bodily harm to the crime of child abandonment to qualify for immunity;
amending K.S.A. 38-2202, 38-2203, 38-2226, 38-2258, 38-2261 and 38-2282 and
K.S.A. 2022 Supp. 21-5605 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) (1) When an investigation of child abuse or
neglect conducted pursuant to K.S.A. 38-2226, and amendments
thereto, includes a CARE referral that a child abuse medical resource
center has recommended a CARE exam be conducted and the CARE
provider determines a child has been subjected to physical abuse,
emotional abuse, medical neglect or physical neglect, such
determination shall be reported in a completed review and provided to
the secretary for children and families and the local law enforcement
agency or the agency's designee.
(2) When the secretary receives a completed review pursuant to
paragraph (1), the secretary shall consider and include the completed
review in making recommendations regarding the care, safety and
placement of the child and maintain the completed review in the case
record.
(3) Reviews conducted pursuant to paragraph (1) shall be
confidential and not be disclosed except as provided in this section and
K.S.A. 38-2209 through 38-2213, and amendments thereto.
(b) To provide forensic evaluation services to a child alleged to be
a victim of physical abuse, emotional abuse, medical neglect or
physical neglect in investigations that include a CARE exam:
(1) Child abuse medical resource centers may collaborate directly
or through technology with CARE providers to provide forensic
medical evaluations, medical training, support, mentoring and peer
review to enhance the skill and role of child abuse medical resource
centers and the CARE providers in a multidisciplinary context;
(2) CARE providers and child abuse medical resource centers
shall provide and receive specialized training for medical evaluations
conducted in a hospital, child advocacy center or by a private
healthcare professional without the need for an agreement between
such center and provider; and
(3) the CARE network shall develop recommendations concerning
the medical-based screening process and forensic evidence collection
for a child and provide such recommendations to CARE providers,
child advocacy centers, hospitals and licensed practitioners.
(c) To implement and administer this section, the secretary of
health and environment shall:
(1) Provide training for CARE providers to establish and maintain
compliance with the requirements of K.S.A. 38-2202, and amendments
thereto;
(2) assist in the implementation of subsection (b);
(3) pay for and manage a network referral system database; and
(4) adopt rules and regulations as necessary, subject to available
appropriations.
(d) (1) A provider shall submit all charges for payment of reviews
and CARE exams to the secretary of health and environment within 90
days after a review or exam has been performed.
(2) The secretary of health and environment shall pay all charges
directly to the provider within 30 days after being submitted.
(3) The payment amount shall be for the exam at the rate not to
exceed $750 for providing such exam, excluding costs for treatment
that may be required due to the diagnosis, or any facility fees, supplies
or laboratory or radiology testing. HOUSE BILL No. 2024—page 2
(4) If a provider is found to have submitted fraudulent charges,
such provider shall be banned from the CARE network and the
secretary of health and environment shall report such incident to the
provider's licensing board. Such licensing board shall investigate such
report to determine whether unprofessional conduct has occurred.
(5) On or before January 31, 2024, the secretary of health and
environment shall prepare and present a report to the house of
representatives standing committee on child welfare and foster care and
the senate standing committee on public health and welfare, or their
successor committees, of the activities and operations under this
section. Such report shall include:
(A) The number of providers who have submitted charges;
(B) the number of reviews and CARE exams performed;
(C) average charge submitted per review and CARE exam;
(D) total amount paid out to providers;
(E) the average number of days between when:
(i) A review or CARE exam is performed and charges are
submitted; and
(ii) charges are submitted and paid to a provider; and
(F) any findings of fraudulent charges.
(e) There is hereby established in the state treasury the child abuse
review and evaluation fund, and such fund shall be administered by the
secretary of health and environment. All expenditures from the child
abuse review and evaluation fund shall be for payments of reviews,
CARE exams, training of CARE providers and the implementation and
administration of subsection (b), as needed. All expenditures from the
child abuse review and evaluation fund shall be made in accordance
with appropriation acts upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the secretary of health
and environment or the secretary's designee. All moneys received for
reviews, CARE exams and CARE provider training shall be remitted to
the state treasurer in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such remittance, the
state treasurer shall deposit the entire amount in the state treasury to the
credit of the child abuse review and evaluation fund.
(f) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
New Sec. 2. (a) This section shall be known and may be cited as
the Representative Gail Finney memorial foster care bill of rights.
(b) Consistent with the policy of the state expressed in K.S.A. 38-
2201 et seq., and amendments thereto, in order to ensure proper care
and protection of a child in need of care in the child welfare system,
unless otherwise ordered by the court, such child shall have the right to:
(1) Live in a safe, comfortable placement, in accordance with
K.S.A. 38-2255, and amendments thereto:
(A) Where such child lives in the least restrictive environment;
(B) where such child shall be treated with respect, have a place to
store belongings and receive healthy food, adequate clothing and
appropriate personal hygiene products;
(C) with siblings when possible; and
(D) upon proper investigation and consideration in accordance
with K.S.A. 38-2242, and amendments thereto, with a relative, kinship
care placement or someone from such child's community with similar
religious beliefs or ethnic heritage;
(2) have visits with family;
(3) have as few placements as possible;
(4) have and maintain belongings by:
(A) Making a list of belongings to have when placed out of home;
(B) providing such list of belongings to such child's case manager;
(C) bringing such belongings when placed out of home; and
(D) if going on a visit or to a new placement, having belongings
packed and transportable for the visit or move;
(5) have access to all appropriate school supplies, services,
tutoring, extra-curricular, cultural and personal enrichment activities; HOUSE BILL No. 2024—page 3
(6) attend school daily in accordance with K.S.A. 38-2218, and
amendments thereto;
(7) receive a high school diploma if such child has earned the
standard credits in accordance with K.S.A. 38-2285, and amendments
thereto;
(8) be notified of all hearings held pursuant to the revised Kansas
code for care of children, when age or developmentally appropriate;
(9) attend, in person or virtually, all court hearings held pursuant
to the revised Kansas code for care of children, when age or
developmentally appropriate;
(10) address the court regarding any proposed placement or
placement change in accordance with K.S.A. 38-2262, and
amendments thereto, when age or developmentally appropriate;
(11) have a guardian ad litem represent the best interests of the
child, in accordance with K.S.A. 38-2205, and amendments thereto,
and contact such child regularly;
(12) request an attorney who will represent the position of the
child, if different than the determinations of the guardian ad litem, in
accordance with K.S.A. 38-2205, and amendments thereto;
(13) have privacy to send and receive unopened mail and make
and receive phone calls;
(14) have regular and private contact with and access to case
managers, attorneys and advocates;
(15) access accurate and necessary information for such child's
well-being from case managers, guardians and any person who is by
law liable to maintain, care for or support the child;
(16) have as few changes in case managers as possible;
(17) contact a case manager's supervisor if there is a conflict that
cannot be resolved between such child and such child's case manager;
(18) report a violation of this section without fear of punishment,
interference, coercion or retaliation; and
(19) when transitioning out of the child welfare system:
(A) Be an active participant in developing a transition plan, as
defined in K.S.A. 38-2202, and amendments thereto;
(B) have services and benefits explained;
(C) have a checking or savings account;
(D) learn to manage money, when age or developmentally
appropriate;
(E) learn job skills that are age or developmentally appropriate;
and
(F) be involved in life skills training and activities.
(c) Consistent with the policy of the state expressed in K.S.A. 38-
2201 et seq., and amendments thereto, in order to ensure active
participation of foster parents and kinship caregivers as an integral,
indispensable and vital role in the state's efforts to care for children in
the custody of the secretary, unless otherwise ordered by the court, such
foster parents and kinship caregivers shall have the right to:
(1) Be treated by the Kansas department for children and families
and other child welfare system stakeholders with dignity, respect and
trust as a primary provider of care and support and a member of the
professional team caring for a child in the custody of the secretary;
(2) not be discriminated in accordance with the Kansas act against
discrimination, K.S.A. 44-1001, et seq., and amendments thereto, and
federal law;
(3) continue with such foster parents' and kinship caregivers' own
family values and beliefs with consideration given to the special needs
of children who have experienced trauma and separation from their
biological families, if the values and beliefs of the child and the
biological family are respected and not infringed upon;
(4) make decisions concerning the child consistent with the
policies, procedures and other directions of the Kansas department for
children and families and within the limits of state and federal law;
(5) receive standardized preservice training by the Kansas
department for children and families or the department's designee and HOUSE BILL No. 2024—page 4
at appropriate intervals to meet mutually assessed needs of the child,
such foster parents and kinship caregivers;
(6) receive timely financial reimbursement and be notified of any
costs or expenses for which such foster parents and kinship caregivers
may be eligible for reimbursement in accordance with K.S.A. 38-2216,
and amendments thereto;
(7) receive information regarding services and contact the Kansas
department for children and families or the department's designee
during regular business hours and, in the event of an emergency, by
telephone after business hours;
(8) receive any information on issues concerning the child and
known to the Kansas department for children and families or the
department's designee that is relevant to the care of the child or that
may jeopardize the health and safety of the foster family, the kinship
care placement or the child or alter the manner in which care and
services should be administered prior to the placement of such child;
(9) discuss known information regarding the child prior to
placement and be provided additional information from the Kansas
department for children and families or the department's designee as
such information becomes available under state and federal law;
(10) refuse placement of a child in such foster parents' and kinship
caregivers' home or request the removal of a child from such foster
parents' and kinship caregivers' home after providing reasonable notice;
(11) receive any available information through the Kansas
department for children and families regarding the number of times a
child has been placed and the reasons for such placements, and receive
the names and phone numbers of any previous placements if such
placements have authorized such a release by law;
(12) receive information from the Kansas department for children
and families that is relevant to the care of a child when the child is
placed with such foster parents and kinship caregivers;
(13) provide input and participate in the case planning process for
the child and participate in and be informed about the planning of
visitation between the child and the child's biological family,
recognizing that visitation with the child's biological family is
important, in accordance with K.S.A. 38-2255, and amendments
thereto;
(14) communicate with the child's child welfare case management
provider and share and obtain relevant and appropriate information
regarding such child's placement;
(15) communicate with members of the child's professional team,
including, but not limited to, such child's child welfare management
provider, therapists, physicians and teachers as allowed by rules and
regulations and state and federal law, for the purpose of participating in
such child's case plan;
(16) be notified in advance of any court hearing or review where
the case plan or permanency of the child is an issue, including periodic
reviews held by the court, in accordance with the revised Kansas code
for care of children;
(17) be considered as a placement option, if a child who was
formerly placed with such parents or kinship caregivers is in the
custody of the secretary again;
(18) continue contact and communication with a child subsequent
to the child's placement from such foster parents' and kinship
caregivers' home, subject to the approval of the child and the child's
biological parents, if such biological parents' rights have not been
terminated;
(19) direct questions to the Kansas department for children and
families regarding information, concerns, policy violations and a
corrective action plan relating to licensure as a family foster home;
(20) have the rights described in this section be given full
consideration when the Kansas department for children and families
develops and approves policies regarding placement and permanency;
(21) submit a report to the court pursuant to K.S.A. 38-2261, and HOUSE BILL No. 2024—page 5
amendments thereto; and
(22) request a court hearing regarding a change of placement
notice pursuant to K.S.A. 38-2258, and amendments thereto, if a child
has been placed with the same foster parents for six months or longer.
(d) (1) The secretary shall provide written and oral notification to
foster youth, foster parents and kinship caregivers of the rights created
under this section and information for filing complaints.
(2) The secretary shall make a list of the rights created under this
section digitally available on the secretary's website.
(3) Each child welfare management provider shall make available
physical and digital copies of a list of the rights created under this
section.
(e) This section shall not be construed to create a private right of
action independent of the revised Kansas code for care of children, but
may be enforced through equitable relief as a part of the corresponding
case under the revised Kansas code for care of children.
(f) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
Sec. 3. K.S.A. 2022 Supp. 21-5605 is hereby amended to read as
follows: 21-5605. (a) Abandonment of a child is leaving a child under
the age of 16 years, in a place where such child may suffer because of
neglect by the parent, guardian or other person to whom the care and
custody of such child shall have been entrusted, when done with intent
to abandon such child.
(b) Aggravated abandonment of a child is abandonment of a child,
as defined in subsection (a), which results in great bodily harm.
(c) (1) Abandonment of a child is a severity level 8, person felony.
(2) Aggravated abandonment of a child is a severity level 5,
person felony.
(d) No parent or other person having lawful custody of an infant
shall be prosecuted for a violation of subsection (a), if such parent or
person surrenders custody of an infant in the manner provided by
K.S.A. 38-2282, and amendments thereto, and if such infant has not
suffered great bodily harm.
(e) A person who violates the provisions of this section may also
be prosecuted for, convicted of, and punished for any form of battery or
homicide.
Sec. 4. K.S.A. 38-2203 is hereby amended to read as follows: 38-
2203. (a) Proceedings concerning any child who may be a child in need
of care shall be governed by this code, except in those instances when
the court knows or has reason to know that an Indian child is involved
in the proceeding, in which case, the Indian child welfare act of 1978,
25 U.S.C. § 1901 et seq., applies. The Indian child welfare act may
apply to: The filing to initiate a child in need of care proceeding,
K.S.A. 38-2234, and amendments thereto; ex parte custody orders,
K.S.A. 38-2242, and amendments thereto; temporary custody hearing,
K.S.A. 38-2243, and amendments thereto; adjudication, K.S.A. 38-
2247, and amendments thereto; burden of proof, K.S.A. 38-2250, and
amendments thereto; disposition, K.S.A. 38-2255, and amendments
thereto; permanency hearings, K.S.A. 38-2264, and amendments
thereto; termination of parental rights, K.S.A. 38-2267, 38-2268 and
38-2269, and amendments thereto; establishment of permanent
custodianship, K.S.A. 38-2268 and 38-2272, and amendments thereto;
the newborn infant protection act, K.S.A. 38-2282, and amendments
thereto; the Representative Gail Finney memorial foster care bill of
rights, section 2, and amendments thereto; the placement of a child in
any foster, pre-adoptive and adoptive home and the placement of a
child in a guardianship arrangement under article 30 of chapter 59 of
the Kansas Statutes Annotated, and amendments thereto.
(b) Subject to the uniform child custody jurisdiction and
enforcement act, K.S.A. 2022 Supp. 23-37,101 through 23-37,405, and
amendments thereto, the district court shall have original jurisdiction of
proceedings pursuant to this code.
(c) The court acquires jurisdiction over a child by the filing of a HOUSE BILL No. 2024—page 6
petition pursuant to this code or upon issuance of an ex parte order
pursuant to K.S.A. 38-2242, and amendments thereto. When the court
acquires jurisdiction over a child in need of care, jurisdiction may
continue until the child has: (1) Become 18 years of age, or until June 1
of the school year during which the child became 18 years of age if the
child is still attending high school unless there is no court approved
transition plan, in which event jurisdiction may continue until a
transition plan is approved by the court or until the child reaches the
age of 21; (2) been adopted; or (3) been discharged by the court. Any
child 18 years of age or over may request, in writing to the court, that
the jurisdiction of the court cease. The court shall give notice of the
request to all parties and interested parties and 30 days after receipt of
the request, jurisdiction will cease.
(d) When it is no longer appropriate for the court to exercise
jurisdiction over a child, the court, upon its own motion or the motion
of a party or interested party at a hearing or upon agreement of all
parties or interested parties, shall enter an order discharging the child.
Except upon request of the child pursuant to subsection (c), the court
shall not enter an order discharging a child until June 1 of the school
year during which the child becomes 18 years of age if the child is in an
out-of-home placement, is still attending high school and has not
completed the child's high school education.
(e) When a petition is filed under this code, a person who is
alleged to be under 18 years of age shall be presumed to be under that
age for the purposes of this code, unless the contrary is proved.
(f) A court's order issued in a proceeding pursuant to this code,
shall take precedence over such orders in a civil custody case, a
proceeding under article 31 of chapter 60 of the Kansas Statutes
Annotated, and amendments thereto, protection from abuse act, or a
comparable case in another jurisdiction, except as provided by K.S.A.
2022 Supp. 23-37,101 through 23-37,405, and amendments thereto,
uniform child custody jurisdiction and enforcement act.
Sec. 5. K.S.A. 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) "Child in need of care" means a person less than 18 years of
age at the time of filing of the petition or issuance of an ex parte
protective custody order pursuant to K.S.A. 38-2242, and amendments
thereto, who:
(1) Is without adequate parental care, control or subsistence and
the condition is not due solely to the lack of financial means of the
child's parents or other custodian;
(2) is without the care or control necessary for the child's physical,
mental or emotional health;
(3) has been physically, mentally or emotionally abused or
neglected or sexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-3421 or 72-
3120, and amendments thereto;
(7) except in the case of a violation of K.S.A. 41-727, K.S.A. 74-
8810(j), K.S.A. 79-3321(m) or (n), or K.S.A. 2022 Supp. 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 HOUSE BILL No. 2024—page 7
which is not prohibited when done by an adult;
(8) while less than 10 years of age, commits any act that if done
by an adult would constitute the commission of a felony or
misdemeanor as defined by K.S.A. 2022 Supp. 21-5102, and
amendments thereto;
(9) is willfully and voluntarily absent from the child's home
without the consent of the child's parent or other custodian;
(10) is willfully and voluntarily absent at least a second time from
a court ordered or designated placement, or a placement pursuant to
court order, if the absence is without the consent of the person with
whom the child is placed or, if the child is placed in a facility, without
the consent of the person in charge of such facility or such person's
designee;
(11) has been residing in the same residence with a sibling or
another person under 18 years of age, who has been physically,
mentally or emotionally abused or neglected, or sexually abused;
(12) while less than 10 years of age commits the offense defined
in K.S.A. 2022 Supp. 21-6301(a)(14), and amendments thereto;
(13) has had a permanent custodian appointed and the permanent
custodian is no longer able or willing to serve; or
(14) has been subjected to an act that would constitute human
trafficking or aggravated human trafficking, as defined by K.S.A. 2022
Supp. 21-5426, and amendments thereto, or commercial sexual
exploitation of a child, as defined by K.S.A. 2022 Supp. 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.
2022 Supp. 21-6419, and amendments thereto.
(e) "Child abuse medical resource center" means a medical
institution affiliated with an accredited children's hospital or a
recognized institution of higher education that has an accredited
medical school program with board-certified child abuse pediatricians
who provide training, support, mentoring and peer review to CARE
providers on CARE exams.
(f) "Child abuse review and evaluation exam" or "CARE exam"
means a forensic medical evaluation of a child alleged to be a victim of
abuse or neglect conducted by a CARE provider.
(g) "Child abuse review and evaluation network" or "CARE
network" means a network of CARE providers, child abuse medical
resource centers and any medical provider associated with a child
advocacy center that has the ability to conduct a CARE exam that
collaborate to improve services provided to a child alleged to be a
victim of abuse or neglect.
(h) "Child abuse review and evaluation provider" or "CARE
provider" means a person licensed to practice medicine and surgery,
advanced practice registered nurse or licensed physician assistant who
performs CARE exams of and provides medical diagnosis and
treatment to a child alleged to be a victim of abuse or neglect and who
receives:
(1) Kansas-based initial intensive training regarding child
maltreatment from the CARE network;
(2) continuous trainings on child maltreatment from the CARE
network; and
(3) peer review and new provider mentoring regarding medical
evaluations from a child abuse medical resource center.
(i) "Child abuse review and evaluation referral" or "CARE
referral" means a brief written review of allegations of physical abuse,
emotional abuse, medical neglect or physical neglect submitted by the
secretary or law enforcement agency to a child abuse medical resource
center for a recommendation of such child's need for medical care that
may include a CARE exam.
(j) "Citizen review board" is a group of community volunteers
appointed by the court and whose duties are prescribed by K.S.A. 38-
2207 and 38-2208, and amendments thereto.
(f)(k) "Civil custody case" includes any case filed under chapter HOUSE BILL No. 2024—page 8
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.
(g)(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.
(h)(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.
(i)(n) "Extended out of home placement" means a child has been
in the custody of the secretary and placed with neither parent for 15 of
the most recent 22 months beginning 60 days after the date at which a
child in the custody of the secretary was removed from the child's
home.
(j)(o) "Educational institution" means all schools at the elementary
and secondary levels.
(k)(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.
(l)(q) "Harm" means physical or psychological injury or damage.
(m)(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.
(n)(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, 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.
(o)(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.
(p)(u) "Juvenile intake and assessment worker" means a
responsible adult authorized to perform intake and assessment services
as part of the intake and assessment system established pursuant to
K.S.A. 75-7023, and amendments thereto.
(q)(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.
(r)(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. HOUSE BILL No. 2024—page 9
(s)(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.
(t)(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.
(u)(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.
(v)(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.
(w)(cc) "Permanency goal" means the outcome of the permanency
planning process, which may be reintegration, adoption, appointment of
a permanent custodian or another planned permanent living
arrangement.
(x)(dd) "Permanent custodian" means a judicially approved
permanent guardian of a child pursuant to K.S.A. 38-2272, and
amendments thereto.
(y)(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.
(z)(ff) "Placement" means the designation by the individual or
agency having custody of where and with whom the child will live.
(aa)(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.
(bb)(hh) "Reasonable and prudent parenting standard" means the
standard characterized by careful and sensible parental decisions that
maintain the health, safety and best interests of a child while at the
same time encouraging the emotional and developmental growth of the
child, that a caregiver shall use when determining whether to allow a
child in foster care under the responsibility of the state to participate in
extracurricular, enrichment, cultural and social activities.
(cc)(ii) "Relative" means a person related by blood, marriage or
adoption.
(dd)(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.
(ee)(kk) "Secretary" means the secretary for children and families
or the secretary's designee.
(ff)(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 HOUSE BILL No. 2024—page 10
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.
(gg)(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. 2022 Supp. 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. 2022 Supp. 21-6419 or 21-6422, and amendments
thereto.
(hh)(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.
(ii)(oo) "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.
(jj)(pp) "Transition plan" means, when used in relation to a youth
in the custody of the secretary, an individualized strategy for the
provision of medical, mental health, education, employment and
housing supports as needed for the adult and, if applicable, for any
minor child of the adult, to live independently and specifically provides
for the supports and any services for which an adult with a disability is
eligible including, but not limited to, funding for home and community
based services waivers.
(kk)(qq) "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.
Sec. 6. K.S.A. 38-2226 is hereby amended to read as follows: 38-
2226. (a) Investigation for child abuse or neglect. The secretary and
law enforcement officers shall have the duty to receive and investigate
reports of child abuse or neglect for the purpose of determining
whether the report is valid and whether action is required to protect a
child. Any person or agency which maintains records relating to the
involved child which are relevant to any investigation conducted by the
secretary or law enforcement agency under this code shall provide the
secretary or law enforcement agency with the necessary records to
assist in investigations. In order to provide such records, the person or
agency maintaining the records shall receive from the secretary or law
enforcement: (1) A written request for information; and (2) a written
notice that the investigation is being conducted by the secretary or law
enforcement. If the secretary and such officers determine that no action
is necessary to protect the child but that a criminal prosecution should
be considered, such law enforcement officers shall make a report of the
case to the appropriate law enforcement agency.
(b) Joint investigations. When a report of child abuse or neglect
indicates: (1) That there is serious physical harm to, serious
deterioration of or sexual abuse of the child; and (2) that action may be HOUSE BILL No. 2024—page 11
required to protect the child, the investigation shall be conducted as a
joint effort between the secretary and the appropriate law enforcement
agency or agencies, with a free exchange of information between them
pursuant to K.S.A. 38-2210, and amendments thereto. If a statement of
a suspect is obtained by either agency, a copy of the statement shall be
provided to the other.
(c) Investigation of certain cases. Suspected child abuse or neglect
which occurs in an institution operated by the Kansas department of
corrections shall be investigated by the attorney general or secretary of
corrections. Any suspected child abuse or neglect in an institution
operated by the Kansas department for aging and disability services, or
by persons employed by the Kansas department for aging and disability
services or the Kansas department for children and families, or of
children of persons employed by either department, shall be
investigated by the appropriate law enforcement agency.
(d) Coordination of investigations by county or district attorney. If
a dispute develops between agencies investigating a reported case of
child abuse or neglect, the appropriate county or district attorney shall
take charge of, direct and coordinate the investigation.
(e) Investigations concerning certain facilities. Any investigation
involving a facility subject to licensing or regulation by the secretary of
health and environment shall be promptly reported to the state secretary
of health and environment.
(f) Cooperation between agencies. Law enforcement agencies and
the secretary shall assist each other in taking action which is necessary
to protect a child regardless of which agency conducted the initial
investigation.
(g) Cooperation between school personnel and investigative
agencies. (1) Educational institutions, the secretary and law
enforcement agencies shall cooperate with each other in the
investigation of reports of suspected child abuse or neglect. The
secretary and law enforcement agencies shall have access to a child in a
setting designated by school personnel on the premises of an
educational institution. Attendance at an interview conducted on such
premises shall be at the discretion of the agency conducting the
interview, giving consideration to the best interests of the child. To the
extent that safety and practical considerations allow, law enforcement
officers on such premises for the purpose of investigating a report of
suspected child abuse or neglect shall not be in uniform.
(2) The secretary or a law enforcement officer may request the
presence of school personnel during an interview if the secretary or
officer determines that the presence of such person might provide
comfort to the child or facilitate the investigation.
(h) Visual observation required. As part of any investigation
conducted pursuant to this section, the secretary, or the secretary's
designee, or the law enforcement agency, or such agency's designee,
that is conducting the investigation shall visually observe the child who
is the alleged victim of abuse or neglect. In the case of a joint
investigation conducted pursuant to subsection (b), the secretary and
the investigating law enforcement agency, or the designees of the
secretary and such agency, shall both visually observe the child who is
the alleged victim of abuse or neglect. All investigation reports shall
include the date, time and location of any visual observation of a child
that is required by this subsection.
(i) Child abuse review and evaluation referrals. (1) Upon
investigation by law enforcement or assignment by the secretary of any
investigation of physical abuse or physical neglect conducted pursuant
to this section that concerns a child five years of age or younger, the
secretary, the law enforcement agency or the agency's designee shall
make a CARE referral for such child.
(2) In any other investigation of physical abuse, emotional abuse,
medical neglect or physical neglect conducted pursuant to this section,
the secretary, the law enforcement agency or the agency's designee
may make a CARE referral for such child. HOUSE BILL No. 2024—page 12
Sec. 7. K.S.A. 38-2258 is hereby amended to read as follows: 38-
2258. (a) Except as provided in K.S.A. 38-2255(d)(2) and 38-2259, and
amendments thereto, if a child has been in the same foster home,
kinship care placement or shelter facility for six months or longer, or
has been placed by the secretary in the home of a parent or relative, the
secretary shall give written notice of any plan to move the child to a
different placement unless the move is to the selected preadoptive
family for the purpose of facilitating adoption. The notice shall be
given to: (1) The court having jurisdiction over the child; (2) the
petitioner; (3) the attorney for the parents, if any; (4) each parent whose
address is available; (5) the foster parent or custodian from whose
home or shelter facility it is proposed to remove the child; (6) the child,
if 12 or more years of age; (7) the child's guardian ad litem; (8) any
other party or interested party; and (9) the child's court appointed
special advocate.
(b) The notice shall state the placement to which the secretary
plans to transfer the child and the reason for the proposed action. The
notice shall be mailed by first class mail 30 days in advance of the
planned transfer, except that the secretary shall not be required to wait
30 days to transfer the child if all persons enumerated in subsection (a)
(2) through (8) consent in writing to the transfer.
(c) Within 14 days after receipt of the notice, any person
enumerated in subsection (a)(2) through (8) receiving notice as
provided above may request, either orally or in writing, that the court
conduct a hearing to determine whether or not the change in placement
is in the best interests of the child concerned. When the request has
been received, the court shall schedule a hearing and immediately
notify the secretary of the request and the time and date the matter will
be heard. The court shall give notice of the hearing to persons
enumerated in subsection (a)(2) through (9). If the court does not
receive a request for hearing within the specified time, the change in
placement may occur prior to the expiration of the 30 days. The
secretary shall not change the placement of the child, except for the
purpose of adoption, unless the change is approved by the court.
(d) When, after the notice set out above, a child in the custody of
the secretary is removed from the home of a parent after having been
placed in the home of a parent for a period of six months or longer, the
secretary shall request a finding 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 threatens the safety to the child.
(e) The secretary shall present to the court in writing the efforts to
maintain the family unit and prevent the unnecessary removal of the
child from the child's home. In making the findings, the court may rely
on documentation submitted by the secretary or may set the date for a
hearing on the matter. If the secretary requests such finding, the court,
not more than 45 days from the date of the request, shall provide the
secretary with a written copy of the findings by the court for the
purpose of documenting these orders.
Sec. 8. K.S.A. 38-2261 is hereby amended to read as follows: 38-
2261. The secretary shall notify the foster parent or parents kinship
caregivers that the foster parent or parents kinship caregivers have a
right to submit a report. Copies of the report shall be available to the
parties and interested parties. The report made by foster parents shall be
on a form created and provided by the Kansas department for children
and families.
Sec. 9. K.S.A. 38-2282 is hereby amended to read as follows: 38-
2282. (a) This section shall be known and may be cited as the newborn HOUSE BILL No. 2024—page 13
infant protection act. The purpose of this section is to protect newborn
children from injury and death caused by abandonment by a parent, and
to provide safe and secure alternatives to such abandonment. This
section shall not abridge the rights or obligations created by the Indian
child welfare act of 1978, 25 U.S.C. § 1901 et seq.
(b) As used in this section:
(1) "Newborn safety device" means a container designed to safely
accept delivery of an infant and that is:
(A) Voluntarily installed in a facility described in subsection (c)(1)
(A) that is staffed 24 hours per day by an employee of such facility or
has a dual alarm system that will dispatch first responders when all
employees of the facility are unavailable;
(B) located on a structural wall in an area that is conspicous and
visible to employees of the facility described in subsection (c)(1)(A);
(C) equipped with an automatic lock that would restrict access to
the device from the outside of the facility described in subsection (c)(1)
(A) when an infant is placed inside the device;
(D) equipped with a temperature control; and
(E) equipped with an alarm system described in subsection (c)(3)
that is triggered by an infant being placed inside the device;
(2) "non-relinquishing parent" means the biological parent of an
infant who does not leave surrender the infant with any person listed in
subsection (c) in accordance with this section; and
(2)(3) "relinquishing parent" means the biological parent or person
having legal custody of an infant who leaves surrenders the infant with
any person listed in subsection (c) in accordance with this section.
(c) (1) A person purporting to be an infant's parent or other person
having lawful custody of an infant who is not more than 60 days old or
younger and who has not suffered great bodily harm as determined by
a person licensed to practice medicine and surgery, advanced practice
registered nurse or licensed physician assistant may surrender physical
custody of the infant to any either:
(A) An employee who is on duty at a police station, sheriff's office,
law enforcement center, fire station, city or county health department or
medical care facility as defined by K.S.A. 65-425, and amendments
thereto. Such employee shall, without a court order, take physical
custody of an infant surrendered pursuant to this section; or
(B) a newborn safety device installed at a facility described in
subparagraph (A). An employee of such facility shall, without a court
order, take physical custody of an infant surrendered pursuant to this
section.
(2) A relinquishing parent voluntarily surrendering an infant under
this subsection shall not be required to reveal personally identifiable
information, but may be offered the opportunity to provide information
concerning the infant's familial or medical history or information
described in subsection (k).
(3) A facility described in this subsection that installs a newborn
safety device shall install a dual alarm system connected to the
physical location of the device. Such dual alarm system shall be tested
at least once per week and visually checked at least twice per day to
ensure such alarm is in working order.
(d) AnyAn employee of a facility described in subsection (c) (c)
(1)(A) to whom an infant is delivered pursuant to this section shall not
reveal the name or other personally identifiable information of the
person who delivered the infant unless there is a reasonable suspicion
that the infant has been abused or neglected suffered great bodily harm
or such information is required pursuant to subsection (k), and such
facility and its employees shall be immune from administrative, civil or
criminal liability for any action taken pursuant to this subsection. Such
immunity shall not extend to any acts or omissions, including negligent
or intentional acts or omissions, occurring after the acceptance of the
infant.
(e) If an infant is delivered pursuant to this section to any a facility
described in subsection (c) (c)(1)(A) that is not a medical care facility, HOUSE BILL No. 2024—page 14
the employee of such facility who takes physical custody of the infant
shall arrange for the immediate transportation of the infant to the
nearest medical care facility as defined by K.S.A. 65-425, and
amendments thereto. The medical care facility, its employees, agents
and medical staff shall perform treatment in accordance with the
prevailing standard of care as necessary to protect the physical health
and safety of the infant and shall be immune from administrative, civil
and criminal liability for treatment performed consistent with such
standard.
(f) As soon as possible after an employee of any a facility
described in subsection (c) (c)(1)(A) takes physical custody of an infant
without a court order pursuant to this section, such person employee
shall notify a local law enforcement agency that the person employee
has taken physical custody of an infant pursuant to this section. Upon
receipt of such notice a law enforcement officer from such law
enforcement agency shall take custody of the infant as an abandoned
infant. The law enforcement agency shall report the surrender of the
infant to the secretary and deliver the infant to a facility or person
designated by the secretary pursuant to K.S.A. 38-2232, and
amendments thereto.
(g) Any person, city or county or agency thereof or medical care
facility taking physical custody of an infant surrendered pursuant to this
section shall perform any act necessary to protect the physical health or
safety of the infant, and shall be immune from liability for any injury to
the infant that may result therefrom.
(h) (1) A relinquishing parent shall be immune from civil or
criminal liability for action taken pursuant to this section only if:
(A) The relinquishing parent voluntarily delivered the infant
safely to either:
(i) The physical custody of an employee at a facility described in
subsection (c) (c)(1)(A); or
(ii) a newborn safety device installed at a facility described in
subsection (c)(1)(B); and
(B) the infant was no not more than 60 days old when delivered by
the relinquishing parent to the physical custody of an employee at a
facility described in subsection (c); and
(C) the infant was not abused or neglected by the relinquishing
parent prior to such delivery and has not suffered great bodily harm as
determined by a person licensed to practice medicine and surgery,
advanced practice registered nurse or licensed physician assistant.
(2) The relinquishing parent's voluntary delivery of an infant in
accordance with this section shall constitute the parent's implied
consent to the adoption of such infant and a voluntary relinquishment
of such parent's parental rights.
(i) (1) In any termination of parental rights proceeding initiated
after the relinquishment of an infant pursuant to this section, the state
shall publish notice pursuant to chapter 60 of the Kansas Statutes
Annotated, and amendments thereto, that an infant has been
relinquished, including the sex of the infant and the date and location of
such relinquishment. Within 30 days after publication of such notice, a
non-relinquishing parent seeking to establish parental rights shall notify
the court where the termination of parental rights proceeding is filed
and state such parent's intentions regarding the infant. The court shall
initiate proceedings to establish parentage if no person notifies the
court within 30 days. When such person is seeking to establish parental
rights, the court shall require the person, at the person's expense, to
submit to a genetic test to verify that the person is the biological parent
of the child. There shall be an examination of the putative father
registry to determine whether attempts have previously been made to
preserve parental rights to the infant. If such attempts have been made,
the state shall make reasonable efforts to provide notice of the
abandonment of the infant to such putative father.
(2) If a relinquishing parent of an infant relinquishes custody of
the infant in accordance with this section, to preserve the parental rights HOUSE BILL No. 2024—page 15
of the non-relinquishing parent, the non-relinquishing parent shall take
the steps necessary to establish parentage within 30 days after the
published notice or specific notice provided in paragraph (1).
(3) If a non-relinquishing parent fails to take the steps necessary to
establish parentage within the 30-day period specified in paragraph (2),
the non-relinquishing parent may have all of such parent's rights
terminated with respect to the child.
(4) If a non-relinquishing parent inquires at a facility described in
subsection (c) (c)(1)(A) regarding an infant whose custody was
relinquished pursuant to this section, such facility shall refer the non-
relinquishing parent to the Kansas department for children and families
and the court exercising jurisdiction over the child.
(j) Upon request, all medical records of the infant shall be made
available to the Kansas department for children and families and given
to the person awarded custody of such infant. The medical facility
providing such records shall be immune from liability for such release
of records release.
(k) An employee of a facility described in subsection (c)(1)(A)
shall ask the person surrendering an infant whether such infant or
either biological parent is a member of or eligible for membership in a
federally recognized Indian tribe and the identity of any such tribe or
tribes. Any facility maintaining a newborn safety device shall provide
the means for the person surrendering an infant to indicate whether
such infant or either biological parent is a member of or eligible for
membership in a federally recognized tribe or tribes. An employee of a
facility taking custody of an infant pursuant to section (c)(1) shall
provide to the secretary all information received pursuant to this
subsection. The secretary shall provide such information to the court
with jurisdiction over the infant.
(l) (1) A facility described in subsection (c)(1)(A) that receives an
infant surrendered under this section shall make available, if possible,
information to the relinquishing parent, but such parent shall not be
required to accept such information.
(2) Such information to be made available shall include:
(A) A notice stating that 60 days after the surrender of the infant
to the facility, the secretary shall commence proceedings for
termination of parental rights and placement of the infant for adoption;
(B) a list of providers that provide counseling services on grief,
pregnancy and adoption or other placement or care regarding an
infant;
(C) a copy of this statute, the rights of birth parents, a
questionnaire that a birth parent may answer questions about the
medical or background information of the child and any information
required by subsection (k); and
(D) a brochure on postpartum health.
(3) The form and manner of the information under this subsection
shall be prescribed by the secretary. The secretary shall maintain the
questionnaire under paragraph (2)(C) on a public website.
(m) Except as otherwise provided by law, the following
individuals shall not disclose any information concerning the
relinquishment of the infant and individuals involved in the
relinquishment:
(1) Persons licensed to practice medicine and surgery, advanced
practice registered nurse or licensed physician assistant;
(2) employees of a facility described in subsection (c)(1)(A);
(3) operators of a newborn safety device; or
(4) persons employed or involved with any location where an
infant may be surrendered under this section. HOUSE BILL No. 2024—page 16
Sec. 10. K.S.A. 38-2202, 38-2203, 38-2226, 38-2258, 38-2261
and 38-2282 and K.S.A. 2022 Supp. 21-5605 are hereby repealed.
Sec. 11. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
HOUSE, and was adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.