Kansas 2023-2024 Regular Session

Kansas House Bill HB2194 Compare Versions

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1	1	Session of 2023
2	2	HOUSE BILL No. 2194
3	3	By Committee on Child Welfare and Foster Care
4	4	1-26
5	5	AN ACT concerning children and minors; relating to the revised Kansas
6	6	code for care of children; enacting the Representative Gail Finney
7	7	memorial foster care bill of rights; establishing certain rights for
8	8	children in need of care and foster parents.
9	9	Be it enacted by the Legislature of the State of Kansas:
10	10	Section 1. (a) This section shall be known and may be cited as the
11	11	Representative Gail Finney memorial foster care bill of rights.
12	12	(b) Consistent with the policy of the state expressed in K.S.A. 38-
13	13	2201 et seq., and amendments thereto, in order to ensure proper care and
14	14	protection of a child in need of care in the child welfare system, unless
15	15	otherwise ordered by the court, such child shall have the right to:
16	16	(1) Live in a safe, comfortable placement, in accordance with K.S.A.
17	17	38-2255, and amendments thereto:
18	18	(A) Where such child lives in the least restrictive environment;
19	19	(B) where such child shall be treated with respect, have a place to
20	20	store belongings and receive healthy food, adequate clothing and
21	21	appropriate personal hygiene products;
22	22	(C) with siblings when possible; and
23	23	(D) upon proper investigation and consideration in accordance with
24	24	K.S.A. 38-2242, and amendments thereto, with a relative, kinship care
25	25	placement or someone from such child's community with similar religious
26	26	beliefs or ethnic heritage;
27	27	(2) have visits with family;
28	28	(3) have as few placements as possible;
29	29	(4) have and maintain belongings by:
30	30	(A) Making a list of belongings to have when placed out of home;
31	31	(B) providing such list of belongings to such child's case manager;
32	32	(C) bringing such belongings when placed out of home; and
33	33	(D) if going on a visit or to a new placement, having belongings
34	34	packed and transportable for the visit or move;
35	35	(5) have access to all appropriate school supplies, services, tutoring,
36	36	extra-curricular, cultural and personal enrichment activities;
37	37	(6) attend school daily in accordance with K.S.A. 38-2218, and
38	38	amendments thereto;
39	39	(7) receive a high school diploma if such child has earned the
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76	76	standard credits in accordance with K.S.A. 38-2285, and amendments
77	77	thereto;
78	78	(8) be notified of all hearings held pursuant to the revised Kansas
79	79	code for care of children, when age or developmentally appropriate;
80	80	(9) attend, in person or virtually, all court hearings held pursuant to
81	81	the revised Kansas code for care of children, when age or developmentally
82	82	appropriate;
83	83	(10) address the court regarding any proposed placement or
84	84	placement change in accordance with K.S.A. 38-2262, and amendments
85	85	thereto, when age or developmentally appropriate;
86	86	(11) have a guardian ad litem represent the best interests of the child,
87	87	in accordance with K.S.A. 38-2205, and amendments thereto, and contact
88	88	such child regularly;
89	89	(12) request an attorney who will represent the position of the child,
90	90	if different than the determinations of the guardian ad litem, in accordance
91	91	with K.S.A. 38-2205, and amendments thereto;
92	92	(13) have privacy to send and receive unopened mail and make and
93	93	receive phone calls;
94	94	(14) have regular and private contact with and access to case
95	95	managers, attorneys and advocates;
96	96	(15) access accurate and necessary information for such child's well-
97	97	being from case managers and guardians and any person who is by law
98	98	liable to maintain, care for or support the child;
99	99	(16) have as few changes in case managers as possible;
100	100	(17) contact a case manager's supervisor if there is a conflict that
101	101	cannot be resolved between such child and such child's case manager; and
102	102	(18) when transitioning out of the child welfare system:
103	103	(A) Be an active participant in developing a transition plan, as
104	104	defined in K.S.A. 38-2202, and amendments thereto;
105	105	(B) have services and benefits explained;
106	106	(C) have a checking or savings account;
107	107	(D) learn to manage money, when age or developmentally
108	108	appropriate;
109	109	(E) learn job skills that are age or developmentally appropriate; and
110	110	(F) be involved in life skills training and activities.
111	111	(c) Consistent with the policy of the state expressed in K.S.A. 38-
112	112	2201 et seq., and amendments thereto, in order to ensure active
113	113	participation of foster parents as an integral, indispensable and vital role in
114	114	the state's efforts to care for children in the custody of the secretary, unless
115	115	otherwise ordered by the court, such foster parents shall have the right to:
116	116	(1) Be treated by the Kansas department for children and families and
117	117	other child welfare system stakeholders with dignity, respect and trust as a
118	118	primary provider of care and support and a member of the professional
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162	162	team caring for a child in the custody of the secretary;
163	163	(2) not be discriminated against on the basis of religion, race, color,
164	164	creed, gender, marital status, national origin, age or physical handicap in
165	165	accordance with K.S.A. 44-1001, et seq., and amendments thereto, and
166	166	federal law;
167	167	(3) continue with such foster parents' own family values and beliefs
168	168	with consideration given to the special needs of children who have
169	169	experienced trauma and separation from their biological families, if the
170	170	values and beliefs of the child and the biological family are respected and
171	171	not infringed upon;
172	172	(4) make decisions concerning the child consistent with the policies,
173	173	procedures and other directions of the Kansas department for children and
174	174	families and within the limits of state and federal law;
175	175	(5) receive standardized preservice training by the Kansas department
176	176	for children and families or the department's designee and at appropriate
177	177	intervals to meet mutually assessed needs of the child and such foster
178	178	parents;
179	179	(6) receive timely financial reimbursement and be notified of any
180	180	costs or expenses for which such foster parents may be eligible for
181	181	reimbursement in accordance with K.S.A. 38-2216, and amendments
182	182	thereto;
183	183	(7) receive information regarding services and contact the Kansas
184	184	department for children and families or the department's designee during
185	185	regular business hours and, in the event of an emergency, by telephone
186	186	after business hours;
187	187	(8) receive any information on issues concerning the child and known
188	188	to the Kansas department for children and families or the department's
189	189	designee that is relevant to the care of the child or that may jeopardize the
190	190	health and safety of the foster family or the child or alter the manner in
191	191	which care and services should be administered prior to the placement of
192	192	such child;
193	193	(9) discuss known information regarding the child prior to placement
194	194	and be provided additional information from the Kansas department for
195	195	children and families as such information becomes available under state
196	196	and federal law;
197	197	(10) refuse placement of a child in such foster parents' home or
198	198	request the removal of a child from such foster parents' home after
199	199	providing reasonable notice;
200	200	(11) receive any available information through the Kansas department
201	201	for children and families regarding the number of times a child has been
202	202	placed and the reasons for such placements, and receive the names and
203	203	phone numbers of any previous placements if such placements have
204	204	authorized such a release by law;
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248	248	(12) receive information from the Kansas department for children and
249	249	families that is relevant to the care of a child when the child is placed with
250	250	such foster parents;
251	251	(13) provide input and participate in the case planning process for the
252	252	child and participate in and be informed about the planning of visitation
253	253	between the child and the child's biological family, recognizing that
254	254	visitation with the biological family is important, in accordance with
255	255	K.S.A. 38-2255, and amendments thereto;
256	256	(14) communicate with the child's child welfare case management
257	257	provider and share and obtain relevant and appropriate information
258	258	regarding such child's placement;
259	259	(15) communicate with members of the child's professional team,
260	260	including, but not limited to, such child's child welfare management
261	261	provider, therapists, physicians and teachers as allowed by rules and
262	262	regulations and state and federal law, for the purpose of participating in
263	263	such child's case plan;
264	264	(16) be notified in advance of any court hearing or review where the
265	265	case plan or permanency of the child is an issue, including periodic
266	266	reviews held by the court, in accordance with the revised Kansas code for
267	267	care of children;
268	268	(17) be considered as a placement option, if a child who was formerly
269	269	placed with such parents is in the custody of the secretary again;
270	270	(18) continue contact and communication with a child subsequent to
271	271	the child's placement from such foster parents' home, subject to the
272	272	approval of the child and the child's biological parents, if such biological
273	273	parents' rights have not been terminated;
274	274	(19) direct questions to the department for children and families
275	275	regarding information, concerns, policy violations and a corrective action
276	276	plan relating to licensure as a family foster home;
277	277	(20) have the rights described in this section be given full
278	278	consideration when the Kansas department for children and families
279	279	develops and approves policies regarding placement and permanency;
280	280	(21) submit a report to the court pursuant to K.S.A. 38-2261, and
281	281	amendments thereto; and
282	282	(22) request a court hearing regarding a change of placement notice
283	283	pursuant to K.S.A. 38-2258, and amendments thereto, if a child has been
284	284	placed with the same foster parents for six months or longer.
285	285	(d) This section shall be a part of and supplemental to the revised
286	286	Kansas code for care of children.
287	287	Sec. 2. This act shall take effect and be in force from and after its
288	288	publication in the statute book.
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