Kansas 2023-2024 Regular Session

Kansas House Bill HB2381 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2023
2	2	HOUSE BILL No. 2381
3	3	By Committee on Judiciary
4	4	2-9
5	5	AN ACT concerning children and minors; relating to the revised Kansas
6	6	code for care of children; requiring the court to appoint an attorney to
7	7	represent a child who is the subject of child in need of care
8	8	proceedings; making the guardian ad litem appointment optional;
9	9	granting such attorney access to all information and records necessary
10	10	for the representation of such child; amending K.S.A. 38-2202, 38-
11	11	2205, 38-2219, 38-2229, 38-2236, 38-2247, 38-2248, 38-2249, 38-
12	12	2258, 38-2260, 38-2268, 38-2275 and 38-2291 and K.S.A. 2022 Supp.
13	13	38-2211 and 38-2212 and repealing the existing sections.
14	14	Be it enacted by the Legislature of the State of Kansas:
15	15	Section 1. K.S.A. 38-2202 is hereby amended to read as follows: 38-
16	16	2202. As used in the revised Kansas code for care of children, unless the
17	17	context otherwise indicates:
18	18	(a) "Abandon" or "abandonment" means to forsake, desert or, without
19	19	making appropriate provision for substitute care, cease providing care for
20	20	the child.
21	21	(b) "Adult correction facility" means any public or private facility,
22	22	secure or nonsecure, that is used for the lawful custody of accused or
23	23	convicted adult criminal offenders.
24	24	(c) "Aggravated circumstances" means the abandonment, torture,
25	25	chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
26	26	(d) "Child in need of care" means a person less than 18 years of age
27	27	at the time of filing of the petition or issuance of an ex parte protective
28	28	custody order pursuant to K.S.A. 38-2242, and amendments thereto, who:
29	29	(1) Is without adequate parental care, control or subsistence and the
30	30	condition is not due solely to the lack of financial means of the child's
31	31	parents or other custodian;
32	32	(2) is without the care or control necessary for the child's physical,
33	33	mental or emotional health;
34	34	(3) has been physically, mentally or emotionally abused or neglected
35	35	or sexually abused;
36	36	(4) has been placed for care or adoption in violation of law;
37	37	(5) has been abandoned or does not have a known living parent;
38	38	(6) is not attending school as required by K.S.A. 72-3421 or 72-3120,
39	39	and amendments thereto;
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76	76	(7) except in the case of a violation of K.S.A. 41-727, K.S.A. 74-
77	77	8810(j), K.S.A. 79-3321(m) or (n), or K.S.A. 2022 Supp. 21-6301(a)(14),
78	78	and amendments thereto, or, except as provided in paragraph (12), does an
79	79	act which, when committed by a person under 18 years of age, is
80	80	prohibited by state law, city ordinance or county resolution, but which is
81	81	not prohibited when done by an adult;
82	82	(8) while less than 10 years of age, commits any act that if done by an
83	83	adult would constitute the commission of a felony or misdemeanor as
84	84	defined by K.S.A. 2022 Supp. 21-5102, and amendments thereto;
85	85	(9) is willfully and voluntarily absent from the child's home without
86	86	the consent of the child's parent or other custodian;
87	87	(10) is willfully and voluntarily absent at least a second time from a
88	88	court ordered or designated placement, or a placement pursuant to court
89	89	order, if the absence is without the consent of the person with whom the
90	90	child is placed or, if the child is placed in a facility, without the consent of
91	91	the person in charge of such facility or such person's designee;
92	92	(11) has been residing in the same residence with a sibling or another
93	93	person under 18 years of age, who has been physically, mentally or
94	94	emotionally abused or neglected, or sexually abused;
95	95	(12) while less than 10 years of age commits the offense defined in
96	96	K.S.A. 2022 Supp. 21-6301(a)(14), and amendments thereto;
97	97	(13) has had a permanent custodian appointed and the permanent
98	98	custodian is no longer able or willing to serve; or
99	99	(14) has been subjected to an act that would constitute human
100	100	trafficking or aggravated human trafficking, as defined by K.S.A. 2022
101	101	Supp. 21-5426, and amendments thereto, or commercial sexual
102	102	exploitation of a child, as defined by K.S.A. 2022 Supp. 21-6422, and
103	103	amendments thereto, or has committed an act which, if committed by an
104	104	adult, would constitute selling sexual relations, as defined by K.S.A. 2022
105	105	Supp. 21-6419, and amendments thereto.
106	106	(e) "Citizen review board" is a group of community volunteers
107	107	appointed by the court and whose duties are prescribed by K.S.A. 38-2207
108	108	and 38-2208, and amendments thereto.
109	109	(f) "Civil custody case" includes any case filed under chapter 23 of
110	110	the Kansas Statutes Annotated, and amendments thereto, the Kansas
111	111	family law code, article 11 of chapter 38 of the Kansas Statutes Annotated,
112	112	and amendments thereto, determination of parentage, article 21 of chapter
113	113	59 of the Kansas Statutes Annotated, and amendments thereto, adoption
114	114	and relinquishment act, or article 30 of chapter 59 of the Kansas Statutes
115	115	Annotated, and amendments thereto, guardians and conservators.
116	116	(g) "Court-appointed special advocate" means a responsible adult,
117	117	other than an appointed attorney or a guardian ad litem, who is appointed
118	118	by the court to represent the best interests of a child, as provided in K.S.A.
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162	162	38-2206, and amendments thereto, in a proceeding pursuant to this code.
163	163	(h) "Custody" whether temporary, protective or legal, means the
164	164	status created by court order or statute that vests in a custodian, whether an
165	165	individual or an agency, the right to physical possession of the child and
166	166	the right to determine placement of the child, subject to restrictions placed
167	167	by the court.
168	168	(i) "Extended out of home placement" means a child has been in the
169	169	custody of the secretary and placed with neither parent for 15 of the most
170	170	recent 22 months beginning 60 days after the date at which a child in the
171	171	custody of the secretary was removed from the child's home.
172	172	(j) "Educational institution" means all schools at the elementary and
173	173	secondary levels.
174	174	(k) "Educator" means any administrator, teacher or other professional
175	175	or paraprofessional employee of an educational institution who has
176	176	exposure to a pupil specified in K.S.A. 72-6143(a), and amendments
177	177	thereto.
178	178	(l) "Harm" means physical or psychological injury or damage.
179	179	(m) "Interested party" means the grandparent of the child, a person
180	180	with whom the child has been living for a significant period of time when
181	181	the child in need of care petition is filed, and any person made an
182	182	interested party by the court pursuant to K.S.A. 38-2241, and amendments
183	183	thereto, or Indian tribe seeking to intervene that is not a party.
184	184	(n) "Jail" means:
185	185	(1) An adult jail or lockup; or
186	186	(2) a facility in the same building or on the same grounds as an adult
187	187	jail or lockup, unless the facility meets all applicable standards and
188	188	licensure requirements under law and there is: (A) Total separation of the
189	189	juvenile and adult facility spatial areas such that there could be no
190	190	haphazard or accidental contact between juvenile and adult residents in the
191	191	respective facilities; (B) total separation in all juvenile and adult program
192	192	activities within the facilities, including recreation, education, counseling,
193	193	health care, dining, sleeping and general living activities; and (C) separate
194	194	juvenile and adult staff, including management, security staff and direct
195	195	care staff such as recreational, educational and counseling.
196	196	(o) "Juvenile detention facility" means any secure public or private
197	197	facility used for the lawful custody of accused or adjudicated juvenile
198	198	offenders that must not be a jail.
199	199	(p) "Juvenile intake and assessment worker" means a responsible
200	200	adult authorized to perform intake and assessment services as part of the
201	201	intake and assessment system established pursuant to K.S.A. 75-7023, and
202	202	amendments thereto.
203	203	(q) "Kinship care placement" means the placement of a child in the
204	204	home of an adult with whom the child or the child's parent already has
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248	248	close emotional ties.
249	249	(r) "Law enforcement officer" means any person who by virtue of
250	250	office or public employment is vested by law with a duty to maintain
251	251	public order or to make arrests for crimes, whether that duty extends to all
252	252	crimes or is limited to specific crimes.
253	253	(s) "Multidisciplinary team" means a group of persons, appointed by
254	254	the court under K.S.A. 38-2228, and amendments thereto, that has
255	255	knowledge of the circumstances of a child in need of care.
256	256	(t) "Neglect" means acts or omissions by a parent, guardian or person
257	257	responsible for the care of a child resulting in harm to a child, or
258	258	presenting a likelihood of harm, and the acts or omissions are not due
259	259	solely to the lack of financial means of the child's parents or other
260	260	custodian. Neglect may include, but shall not be limited to:
261	261	(1) Failure to provide the child with food, clothing or shelter
262	262	necessary to sustain the life or health of the child;
263	263	(2) failure to provide adequate supervision of a child or to remove a
264	264	child from a situation that requires judgment or actions beyond the child's
265	265	level of maturity, physical condition or mental abilities and that results in
266	266	bodily injury or a likelihood of harm to the child; or
267	267	(3) failure to use resources available to treat a diagnosed medical
268	268	condition if such treatment will make a child substantially more
269	269	comfortable, reduce pain and suffering, or correct or substantially diminish
270	270	a crippling condition from worsening. A parent legitimately practicing
271	271	religious beliefs who does not provide specified medical treatment for a
272	272	child because of religious beliefs shall, not for that reason, be considered a
273	273	negligent parent; however, this exception shall not preclude a court from
274	274	entering an order pursuant to K.S.A. 38-2217(a)(2), and amendments
275	275	thereto.
276	276	(u) "Parent" when used in relation to a child or children, includes a
277	277	guardian and every person who is by law liable to maintain, care for or
278	278	support the child.
279	279	(v) "Party" means the state, the petitioner, the child, any parent of the
280	280	child and an Indian child's tribe intervening pursuant to the Indian child
281	281	welfare act.
282	282	(w) "Permanency goal" means the outcome of the permanency
283	283	planning process, which may be reintegration, adoption, appointment of a
284	284	permanent custodian or another planned permanent living arrangement.
285	285	(x) "Permanent custodian" means a judicially approved permanent
286	286	guardian of a child pursuant to K.S.A. 38-2272, and amendments thereto.
287	287	(y) "Physical, mental or emotional abuse" means the infliction of
288	288	physical, mental or emotional harm or the causing of a deterioration of a
289	289	child and may include, but shall not be limited to, maltreatment or
290	290	exploiting a child to the extent that the child's health or emotional well-
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334	334	being is endangered.
335	335	(z) "Placement" means the designation by the individual or agency
336	336	having custody of where and with whom the child will live.
337	337	(aa) "Qualified residential treatment program" means a program
338	338	designated by the secretary for children and families as a qualified
339	339	residential treatment program pursuant to federal law.
340	340	(bb) "Reasonable and prudent parenting standard" means the standard
341	341	characterized by careful and sensible parental decisions that maintain the
342	342	health, safety and best interests of a child while at the same time
343	343	encouraging the emotional and developmental growth of the child, that a
344	344	caregiver shall use when determining whether to allow a child in foster
345	345	care under the responsibility of the state to participate in extracurricular,
346	346	enrichment, cultural and social activities.
347	347	(cc) "Relative" means a person related by blood, marriage or
348	348	adoption.
349	349	(dd) "Runaway" means a child who is willfully and voluntarily absent
350	350	from the child's home without the consent of the child's parent or other
351	351	custodian.
352	352	(ee) "Secretary" means the secretary for children and families or the
353	353	secretary's designee.
354	354	(ff) "Secure facility" means a facility, other than a staff secure facility
355	355	or juvenile detention facility, that is operated or structured so as to ensure
356	356	that all entrances and exits from the facility are under the exclusive control
357	357	of the staff of the facility, whether or not the person being detained has
358	358	freedom of movement within the perimeters of the facility, or that relies on
359	359	locked rooms and buildings, fences or physical restraint in order to control
360	360	behavior of its residents. No secure facility shall be in a city or county jail.
361	361	(gg) "Sexual abuse" means any contact or interaction with a child in
362	362	which the child is being used for the sexual stimulation of the perpetrator,
363	363	the child or another person. Sexual abuse shall include, but is not limited
364	364	to, allowing, permitting or encouraging a child to:
365	365	(1) Be photographed, filmed or depicted in pornographic material; or
366	366	(2) be subjected to aggravated human trafficking, as defined in
367	367	K.S.A. 2022 Supp. 21-5426(b), and amendments thereto, if committed in
368	368	whole or in part for the purpose of the sexual gratification of the offender
369	369	or another, or be subjected to an act that would constitute conduct
370	370	proscribed by article 55 of chapter 21 of the Kansas Statutes Annotated or
371	371	K.S.A. 2022 Supp. 21-6419 or 21-6422, and amendments thereto.
372	372	(hh) "Shelter facility" means any public or private facility or home,
373	373	other than a juvenile detention facility or staff secure facility, that may be
374	374	used in accordance with this code for the purpose of providing either
375	375	temporary placement for children in need of care prior to the issuance of a
376	376	dispositional order or longer term care under a dispositional order.
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420	420	(ii) "Staff secure facility" means a facility described in K.S.A. 65-
421	421	535, and amendments thereto: (1) That does not include construction
422	422	features designed to physically restrict the movements and activities of
423	423	juvenile residents who are placed therein; (2) that may establish reasonable
424	424	rules restricting entrance to and egress from the facility; and (3) in which
425	425	the movements and activities of individual juvenile residents may, for
426	426	treatment purposes, be restricted or subject to control through the use of
427	427	intensive staff supervision. No staff secure facility shall be in a city or
428	428	county jail.
429	429	(jj) "Transition plan" means, when used in relation to a youth in the
430	430	custody of the secretary, an individualized strategy for the provision of
431	431	medical, mental health, education, employment and housing supports as
432	432	needed for the adult and, if applicable, for any minor child of the adult, to
433	433	live independently and specifically provides for the supports and any
434	434	services for which an adult with a disability is eligible including, but not
435	435	limited to, funding for home and community based services waivers.
436	436	(kk) "Youth residential facility" means any home, foster home or
437	437	structure that provides 24-hour-a-day care for children and that is licensed
438	438	pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and
439	439	amendments thereto.
440	440	Sec. 2. K.S.A. 38-2205 is hereby amended to read as follows: 38-
441	441	2205. (a) Appointment of attorney for child. Upon the filing of a petition,
442	442	the court shall appoint an attorney to serve as counsel and represent a
443	443	child who is the subject of proceedings under this code. The attorney shall
444	444	consult with the child to direct such child's representation. If the child is
445	445	unable to direct representation, the attorney shall determine what the child
446	446	would decide if the child were capable of making an adequately
447	447	considered decision and represent the child in accordance with that
448	448	determination. The attorney shall take direction from the child as the child
449	449	develops the capacity to direct the attorney.
450	450	(b) Appointment of guardian ad litem and attorney for child; duties.
451	451	Upon the filing of a petition, or any time thereafter, the court shall may
452	452	appoint an attorney to serve as guardian ad litem for a child who is the
453	453	subject of proceedings under this code. If appointed, the guardian ad litem
454	454	shall make an independent investigation of the facts upon which the
455	455	petition is based and shall appear for and represent the best interests of the
456	456	child. When the child's position is not consistent with the determination of
457	457	the guardian ad litem as to the child's best interests, the guardian ad litem
458	458	shall inform the court of the disagreement. The guardian ad litem or the
459	459	child may request the court to appoint a second attorney to serve as
460	460	attorney for the child, and the court, on good cause shown, may appoint
461	461	such second attorney. The attorney for the child shall allow the child and
462	462	the guardian ad litem to communicate with one another but may require
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506	506	such communications to occur in the attorney's presence.
507	507	(b) Attorney for parent or custodian. A parent of a child alleged or
508	508	adjudged to be a child in need of care may be represented by an attorney,
509	509	in connection with all proceedings under this code. At the first hearing in
510	510	connection with proceedings under this code, the court shall distribute a
511	511	pamphlet, designed by the court, to the parents of a child alleged or
512	512	adjudged to be a child in need of care, to advise the parents of their rights
513	513	in connection with all proceedings under this code.
514	514	(1) If at any stage of the proceedings a parent desires but is
515	515	financially unable to employ an attorney, the court shall appoint an
516	516	attorney for the parent. It shall not be necessary to appoint an attorney to
517	517	represent a parent who fails or refuses to attend the hearing after having
518	518	been properly served with process in accordance with K.S.A. 38-2237, and
519	519	amendments thereto. A parent or custodian who is not a minor, a mentally
520	520	ill person or a disabled person may waive counsel either in writing or on
521	521	the record.
522	522	(2) The court shall appoint an attorney for a parent who is a minor, a
523	523	mentally ill person or a disabled person unless the court determines that
524	524	there is an attorney retained who will appear and represent the interests of
525	525	the person in the proceedings under this code.
526	526	(3) As used in this subsection: (A) "Mentally ill person" shall have
527	527	the meaning ascribed thereto means the same as defined in K.S.A. 59-
528	528	2946, and amendments thereto; and (B) "disabled person" shall have the
529	529	meaning ascribed thereto means the same as defined in K.S.A. 77-201, and
530	530	amendments thereto.
531	531	(c) Attorney for interested parties. A person who, pursuant to K.S.A.
532	532	38-2241, and amendments thereto, is an interested party in a proceeding
533	533	involving a child alleged to be a child in need of care may be represented
534	534	by an attorney in connection with all proceedings under this code. At the
535	535	first hearing in connection with proceedings under this code, the court
536	536	shall distribute a pamphlet, designed by the court, to interested parties in a
537	537	proceeding involving a child alleged or adjudged to be a child in need of
538	538	care, to advise interested parties of their rights in connection with all
539	539	proceedings under this code. It shall not be necessary to appoint an
540	540	attorney to represent an interested party who fails or refuses to attend the
541	541	hearing after having been properly served with process in accordance with
542	542	K.S.A. 38-2237, and amendments thereto. If at any stage of the
543	543	proceedings a person who is an interested party under subsection (d) of
544	544	K.S.A. 38-2241, and amendments thereto, desires but is financially unable
545	545	to employ an attorney, the court may appoint an attorney for the interested
546	546	party.
547	547	(d) Continuation of representation. An attorney appointed for a child,
548	548	a guardian ad litem appointed to represent the best interests of a child or a
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592	592	second attorney appointed for a child as provided in subsection (a), or an
593	593	attorney appointed for a parent or custodian shall continue to represent the
594	594	client at all subsequent hearings in proceedings under this code, including
595	595	any appellate proceedings, unless relieved by the court upon a showing of
596	596	good cause or upon transfer of venue.
597	597	(e) Fees for counsel. An Any attorney appointed pursuant to this
598	598	section shall be allowed a reasonable fee for services, which may be
599	599	assessed as an expense in the proceedings as provided in K.S.A. 38-2215,
600	600	and amendments thereto.
601	601	Sec. 3. K.S.A. 2022 Supp. 38-2211 is hereby amended to read as
602	602	follows: 38-2211. (a) Access to the official file. The following persons or
603	603	entities shall have access to the official file of a child in need of care
604	604	proceeding pursuant to this code:
605	605	(1) The court having jurisdiction over the proceedings, including the
606	606	presiding judge and any court personnel designated by the judge.
607	607	(2) The parties to the proceedings and their attorneys.
608	608	(3) The child's attorney.
609	609	(4) A guardian ad litem for a child who is the subject of the
610	610	proceeding.
611	611	(4)(5) A court appointed special advocate for a child who is the
612	612	subject of the proceeding or a paid staff member of a court appointed
613	613	special advocate program.
614	614	(5)(6) Any individual, or any public or private agency or institution,
615	615	having custody of the child under court order or providing educational,
616	616	medical or mental health services to the child or any placement provider or
617	617	potential placement provider as determined by the secretary or court
618	618	services officer.
619	619	(6)(7) A citizen review board.
620	620	(7)(8) The secretary of corrections or any agents designated by the
621	621	secretary of corrections.
622	622	(8)(9) Any county or district attorney from another jurisdiction with a
623	623	pending child in need of care matter regarding any of the same parties.
624	624	(9)(10) Any other person when authorized by a court order, subject to
625	625	any conditions imposed by the order.
626	626	(10)(11) The commission on judicial performance in the discharge of
627	627	the commission's duties pursuant to article 32 of chapter 20 of the Kansas
628	628	Statutes Annotated, and amendments thereto.
629	629	(11)(12) An investigating law enforcement agency.
630	630	(b) Access to the social file. The following persons or entities shall
631	631	have access to the social file of a child in need of care proceeding pursuant
632	632	to this code:
633	633	(1) The court having jurisdiction over the proceeding, including the
634	634	presiding judge and any court personnel designated by the judge.
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678	678	(2) The attorney for a party to the proceeding or the person or persons
679	679	designated by an Indian tribe that is a party.
680	680	(3) The child's attorney.
681	681	(4) A guardian ad litem for a child who is the subject of the
682	682	proceeding.
683	683	(4)(5) A court appointed special advocate for a child who is the
684	684	subject of the proceeding or a paid staff member of a court appointed
685	685	special advocate program.
686	686	(5)(6) A citizen review board.
687	687	(6)(7) The secretary.
688	688	(7)(8) The secretary of corrections or any agents designated by the
689	689	secretary of corrections.
690	690	(8)(9) Any county or district attorney from another jurisdiction with a
691	691	pending child in need of care matter regarding any of the same parties or
692	692	interested parties.
693	693	(9)(10) Any other person when authorized by a court order, subject to
694	694	any conditions imposed by the order.
695	695	(10)(11) An investigating law enforcement agency.
696	696	(c) Preservation of records. The Kansas state historical society shall
697	697	be allowed to take possession for preservation in the state archives of any
698	698	court records related to proceedings under the Kansas code for care of
699	699	children whenever such records otherwise would be destroyed. No such
700	700	records in the custody of the Kansas state historical society shall be
701	701	disclosed directly or indirectly to anyone for 70 years after creation of the
702	702	records, except as provided in subsections (a) and (b). Pursuant to
703	703	subsections (a)(9) and (b)(9), a judge of the district court may allow
704	704	inspection for research purposes of any court records in the custody of the
705	705	Kansas state historical society related to proceedings under the Kansas
706	706	code for care of children.
707	707	Sec. 4. K.S.A. 2022 Supp. 38-2212 is hereby amended to read as
708	708	follows: 38-2212. (a) Principle of appropriate access. Information
709	709	contained in confidential agency records concerning a child alleged or
710	710	adjudicated to be in need of care may be disclosed as provided in this
711	711	section and shall be disclosed as provided in subsection (e). Disclosure
712	712	shall in all cases be guided by the principle of providing access only to
713	713	persons or entities with a need for information that is directly related to
714	714	achieving the purposes of this code.
715	715	(b) Free exchange of information. Pursuant to K.S.A. 38-2210, and
716	716	amendments thereto, the secretary and juvenile intake and assessment
717	717	agencies shall participate in the free exchange of information concerning a
718	718	child who is alleged or adjudicated to be in need of care.
719	719	(c) Necessary access. The following persons or entities shall have
720	720	access to information from agency records. Access shall be limited to
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764	764	information reasonably necessary to carry out their lawful responsibilities,
765	765	to maintain their personal safety and the personal safety of individuals in
766	766	their care, or to educate, diagnose, treat, care for or protect a child alleged
767	767	to be in need of care. Information authorized to be disclosed pursuant to
768	768	this subsection shall not contain information that identifies a reporter of a
769	769	child who is alleged or adjudicated to be a child in need of care.
770	770	(1) A child named in the report or records,.
771	771	(2) The child's attorney.
772	772	(3) A guardian ad litem appointed for the a child and the child's
773	773	attorney.
774	774	(2)(4) A parent or other person responsible for the welfare of a child,
775	775	or such person's legal representative.
776	776	(3)(5) A court-appointed special advocate for a child, a citizen review
777	777	board or other advocate that reports to the court.
778	778	(4)(6) A person licensed to practice the healing arts or mental health
779	779	profession in order to diagnose, care for, treat or supervise:
780	780	(A) A child whom such service provider reasonably suspects may be
781	781	in need of care;
782	782	(B) a member of the child's family; or
783	783	(C) a person who allegedly abused or neglected the child.
784	784	(5)(7) A person or entity licensed or registered by the secretary of
785	785	health and environment or approved by the secretary for children and
786	786	families to care for, treat or supervise a child in need of care.
787	787	(6)(8) A coroner or medical examiner when such person is
788	788	determining the cause of death of a child.
789	789	(7)(9) The state child death review board established under K.S.A.
790	790	22a-243, and amendments thereto.
791	791	(8)(10) An attorney for a private party who files a petition pursuant to
792	792	K.S.A. 38-2233(b), and amendments thereto.
793	793	(9)(11) A foster parent, prospective foster parent, permanent
794	794	custodian, prospective permanent custodian, adoptive parent or
795	795	prospective adoptive parent. In order to assist such persons in making an
796	796	informed decision regarding acceptance of a particular child, to help the
797	797	family anticipate problems that may occur during the child's placement,
798	798	and to help the family meet the needs of the child in a constructive manner,
799	799	the secretary shall seek and shall provide the following information to such
800	800	persons as the information becomes available to the secretary:
801	801	(A) Strengths, needs and general behavior of the child;
802	802	(B) circumstances that necessitated placement;
803	803	(C) information about the child's family and the child's relationship to
804	804	the family that may affect the placement;
805	805	(D) important life experiences and relationships that may affect the
806	806	child's feelings, behavior, attitudes or adjustment;
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850	850	(E) medical history of the child, including third-party coverage that
851	851	may be available to the child; and
852	852	(F) education history, to include present grade placement, special
853	853	strengths and weaknesses.
854	854	(10)(12) The state protection and advocacy agency as provided by
855	855	K.S.A. 65-5603(a)(10) or K.S.A. 74-5515(a)(2)(A) and (B), and
856	856	amendments thereto.
857	857	(11)(13) Any educational institution to the extent necessary to enable
858	858	the educational institution to provide the safest possible environment for
859	859	its pupils and employees.
860	860	(12)(14) Any educator to the extent necessary to enable the educator
861	861	to protect the personal safety of the educator and the educator's pupils.
862	862	(13)(15) Any other federal, state or local government executive
863	863	branch entity or any agent of such entity, having a need for such
864	864	information in order to carry out such entity's responsibilities under the
865	865	law to protect children from abuse and neglect.
866	866	(d) Specified access. The following persons or entities shall have
867	867	access to information contained in agency records as specified.
868	868	Information authorized to be disclosed pursuant to this subsection shall not
869	869	contain information that identifies a reporter of a child who is alleged or
870	870	adjudicated to be a child in need of care.
871	871	(1) Information from confidential agency records of the Kansas
872	872	department for children and families, a law enforcement agency or any
873	873	juvenile intake and assessment worker of a child alleged or adjudicated to
874	874	be in need of care shall be available to members of the standing house or
875	875	senate committee on judiciary, house committee on corrections and
876	876	juvenile justice, house committee on appropriations, senate committee on
877	877	ways and means, legislative post audit committee and any joint committee
878	878	with authority to consider children's and families' issues, when carrying
879	879	out such member's or committee's official functions in accordance with
880	880	K.S.A. 75-4319, and amendments thereto, in a closed or executive
881	881	meeting. Except in limited conditions established by
882	882	2
883	883	/3 of the members of
884	884	such committee, records and reports received by the committee shall not
885	885	be further disclosed. Unauthorized disclosure may subject such member to
886	886	discipline or censure from the house of representatives or senate. The
887	887	secretary for children and families shall not summarize the outcome of
888	888	department actions regarding a child alleged to be a child in need of care
889	889	in information available to members of such committees.
890	890	(2) The secretary for children and families may summarize the
891	891	outcome of department actions regarding a child alleged to be a child in
892	892	need of care to a person having made such report.
893	893	(3) Information from confidential reports or records of a child alleged
894	894	or adjudicated to be a child in need of care may be disclosed to the public
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938	938	when:
939	939	(A) The individuals involved or their representatives have given
940	940	express written consent; or
941	941	(B) the investigation of the abuse or neglect of the child or the filing
942	942	of a petition alleging a child to be in need of care has become public
943	943	knowledge, provided, however, that the agency shall limit disclosure to
944	944	confirmation of procedural details relating to the handling of the case by
945	945	professionals.
946	946	(e) Law enforcement access. The secretary shall disclose confidential
947	947	agency records of a child alleged or adjudicated to be a child in need of
948	948	care, as described in K.S.A. 38-2209, and amendments thereto, to the law
949	949	enforcement agency investigating the alleged or substantiated report or
950	950	investigation of abuse or neglect, regardless of the disposition of such
951	951	report or investigation. Such records shall include, but not be limited to,
952	952	any information regarding such report or investigation, records of past
953	953	reports or investigations concerning such child and such child's siblings
954	954	and the perpetrator or alleged perpetrator and the name and contact
955	955	information of the reporter or persons alleging abuse or neglect and case
956	956	managers, investigators or contracting agency employees assigned to or
957	957	investigating such report. Such records shall only be used for the purposes
958	958	of investigating the alleged or substantiated report or investigation of
959	959	abuse or neglect.
960	960	(f) Court order. Notwithstanding the provisions of this section, a
961	961	court of competent jurisdiction, after in camera inspection, may order
962	962	disclosure of confidential agency records pursuant to a determination that
963	963	the disclosure is in the best interests of the child who is the subject of the
964	964	reports or that the records are necessary for the proceedings of the court.
965	965	The court shall specify the terms of disclosure and impose appropriate
966	966	limitations.
967	967	(g) (1) Notwithstanding any other provision of law to the contrary,
968	968	except as provided in paragraph (6), in the event that child abuse or
969	969	neglect results in a child fatality or near fatality, reports or records of a
970	970	child alleged or adjudicated to be in need of care received by the secretary,
971	971	a law enforcement agency or any juvenile intake and assessment worker
972	972	shall become a public record and subject to disclosure pursuant to K.S.A.
973	973	45-215, and amendments thereto.
974	974	(2) Within seven days of receipt of a request in accordance with the
975	975	procedures adopted under K.S.A. 45-220, and amendments thereto, the
976	976	secretary shall notify any affected individual that an open records request
977	977	has been made concerning such records. The secretary or any affected
978	978	individual may file a motion requesting the court to prevent disclosure of
979	979	such record or report, or any select portion thereof. Notice of the filing of
980	980	such motion shall be provided to all parties requesting the records or
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1024	1024	reports, and such party or parties shall have a right to hearing, upon
1025	1025	request, prior to the entry of any order on such motion. If the affected
1026	1026	individual does not file such motion within seven days of notification, and
1027	1027	the secretary has not filed a motion, the secretary shall release the reports
1028	1028	or records. If such motion is filed, the court shall consider the effect such
1029	1029	disclosure may have upon an ongoing criminal investigation, a pending
1030	1030	prosecution, or the privacy of the child, if living, or the child's siblings,
1031	1031	parents or guardians, and the public's interest in the disclosure of such
1032	1032	records or reports. The court shall make written findings on the record
1033	1033	justifying the closing of the records and shall provide a copy of the journal
1034	1034	entry to the affected parties and the individual requesting disclosure
1035	1035	pursuant to the Kansas open records act, K.S.A. 45-215 et seq., and
1036	1036	amendments thereto.
1037	1037	(3) Notwithstanding the provisions of paragraph (2), in the event that
1038	1038	child abuse or neglect results in a child fatality, the secretary shall release
1039	1039	the following information in response to an open records request made
1040	1040	pursuant to the Kansas open records act, within seven business days of
1041	1041	receipt of such request, as allowed by applicable law:
1042	1042	(A) Age and sex of the child;
1043	1043	(B) date of the fatality;
1044	1044	(C) a summary of any previous reports of abuse or neglect received
1045	1045	by the secretary involving the child, along with the findings of such
1046	1046	reports; and
1047	1047	(D) any department recommended services provided to the child.
1048	1048	(4) Notwithstanding the provisions of paragraph (2), in the event that
1049	1049	a child fatality occurs while such child was in the custody of the secretary
1050	1050	for children and families, the secretary shall release the following
1051	1051	information in response to an open records request made pursuant to the
1052	1052	Kansas open records act, within seven business days of receipt of such
1053	1053	request, as allowed by applicable law:
1054	1054	(A) Age and sex of the child;
1055	1055	(B) date of the fatality; and
1056	1056	(C) a summary of the facts surrounding the death of the child.
1057	1057	(5) For reports or records requested pursuant to this subsection, the
1058	1058	time limitations specified in this subsection shall control to the extent of
1059	1059	any inconsistency between this subsection and K.S.A. 45-218, and
1060	1060	amendments thereto. As used in this section, "near fatality" means an act
1061	1061	that, as certified by a person licensed to practice medicine and surgery,
1062	1062	places the child in serious or critical condition.
1063	1063	(6) Nothing in this subsection shall allow the disclosure of reports,
1064	1064	records or documents concerning the child and such child's biological
1065	1065	parents that were created prior to such child's adoption. Nothing herein is
1066	1066	intended to require that an otherwise privileged communication lose its
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1110	1110	privileged character.
1111	1111	Sec. 5. K.S.A. 38-2219 is hereby amended to read as follows: 38-
1112	1112	2219. (a) Of the child. (1) Psychological or emotional. During proceedings
1113	1113	under this code, the court, on its own motion or the motion of the child's
1114	1114	attorney, the guardian ad litem for the child, a party or interested party,
1115	1115	may order an evaluation and written report of the psychological or
1116	1116	emotional development or needs of a child who is the subject of the
1117	1117	proceedings. The court may refer the child to a state institution for the
1118	1118	evaluation if the secretary advises the court that the facility is a suitable
1119	1119	place to care for, treat or evaluate the child and that space is available. The
1120	1120	expenses of transportation to and from the state facility may be paid as a
1121	1121	part of the expenses of temporary care and custody. The child may be
1122	1122	referred to a mental health center or qualified professional for evaluation
1123	1123	and the expenses of the evaluation may be considered as expenses of the
1124	1124	proceedings and assessed as provided in this code. If the court orders an
1125	1125	evaluation as provided in this section, a parent of the child shall have the
1126	1126	right to obtain an independent evaluation at the expense of the parent.
1127	1127	(2) Medical. During proceedings under this code, the court may order
1128	1128	an examination and report of the medical condition and needs of a child
1129	1129	who is the subject of the proceedings. The court may also order a report
1130	1130	from any physician who has been attending the child stating the diagnosis,
1131	1131	condition and treatment afforded the child.
1132	1132	(3) Educational. During proceedings under this code, the court may
1133	1133	order the chief administrative officer of the school which the child attends
1134	1134	or attended to provide to the court information that is readily available
1135	1135	which the school officials believe would properly indicate the educational
1136	1136	needs of the child. The order may direct that the school conduct an
1137	1137	educational needs assessment of the child and send a report of the
1138	1138	assessment to the court. The educational needs assessment may include a
1139	1139	meeting involving any of the following: The child's parents; the child's
1140	1140	teachers; the school psychologist; a school special services representative;
1141	1141	a representative of the secretary; the child's court-appointed special
1142	1142	advocate; the child's foster parents, legal guardian and permanent
1143	1143	custodian; a court services officer; and other persons that the chief
1144	1144	administrative officer of the school or the officer's designee considers
1145	1145	appropriate.
1146	1146	(b) Physical, psychological or emotional status of parent or
1147	1147	custodian. During proceedings under this code, the court may order:
1148	1148	(1) An examination, evaluation and report of the physical, mental or
1149	1149	emotional status or needs of a parent, a person residing with a parent or
1150	1150	any person being considered as one to whom the court may grant custody;
1151	1151	and
1152	1152	(2) written reports from any qualified person concerning the
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1196	1196	parenting skills or ability to provide for the physical, mental or emotional
1197	1197	needs and future development of a child by a parent or any person being
1198	1198	considered as one to whom the court may grant custody.
1199	1199	(c) Confidentiality of reports. (1) Reports of court ordered
1200	1200	examination or evaluation. No confidential relationship of physician and
1201	1201	patient, psychologist and client or social worker and client shall arise from
1202	1202	an examination or evaluation ordered by the court.
1203	1203	(2) Report from private physician, psychologist or therapist. When
1204	1204	any interested party or party to proceedings under this code wishes the
1205	1205	court to have the benefit of information or opinion from a physician,
1206	1206	psychologist, registered marriage and family therapist or social worker
1207	1207	with whom there is a confidential relationship, the party or interested party
1208	1208	may waive the confidential relationship but restrict the information to be
1209	1209	furnished or testimony to be given to those matters material to the issues
1210	1210	before the court. If requested, the court may make an in camera
1211	1211	examination of the proposed witness or the file of the proposed witness
1212	1212	and excise any matters that are not material to the issues before the court.
1213	1213	(d) Reports prepared by a court-appointed special advocate or by the
1214	1214	secretary. All reports prepared by a court-appointed special advocate or by
1215	1215	the secretary shall be filed with the court and shall be made available as
1216	1216	provided in subsection (e).
1217	1217	(e) Availability of reports. (1) All reports provided for in this section
1218	1218	shall be filed with the court and shall be made available to counsel for any
1219	1219	party or interested party prior to any scheduled hearing on any matter
1220	1220	addressed by the report. If any party or interested party is not represented
1221	1221	by counsel, the report shall be made available to that party.
1222	1222	(2) All reports provided for in this section may be read by the court at
1223	1223	any stage of a proceeding under this code, but no fact or conclusion
1224	1224	derived from a report shall be used as the basis for an order of the court
1225	1225	unless the information has been admitted into evidence following an
1226	1226	opportunity for any party or interested party to examine, under oath, the
1227	1227	person who prepared the report. If the court is in possession of a report that
1228	1228	has not been offered into evidence, the court shall inquire whether there is
1229	1229	an objection to admitting the report into evidence. If there is no objection,
1230	1230	the court may admit the report into evidence.
1231	1231	Sec. 6. K.S.A. 38-2229 is hereby amended to read as follows: 38-
1232	1232	2229. (a) The secretary, a law enforcement officer, or a multidisciplinary
1233	1233	team appointed pursuant to K.S.A. 38-2228, and amendments thereto, may
1234	1234	request disclosure of documents, reports or information in regard to a
1235	1235	child, who is the subject of a report of abuse or neglect, by making a
1236	1236	written verified application to the district court. Upon a finding by the
1237	1237	court that there is probable cause to believe the information sought will
1238	1238	assist in the investigation of a report of child abuse or neglect, the court
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1282	1282	may issue a subpoena, subpoena duces tecum or an order for the
1283	1283	production of the requested documents, reports or information and
1284	1284	directing the documents, reports or information to be delivered to the
1285	1285	applicant at a specific time, date and place.
1286	1286	(b) The time and date of delivery shall not be sooner than five days
1287	1287	after the service of the subpoena or order, excluding Saturdays, Sundays,
1288	1288	holidays, and days on which the office of the clerk of the court is not
1289	1289	accessible. The court issuing the subpoena or order shall keep all
1290	1290	applications filed pursuant to this subsection and a copy of the subpoena or
1291	1291	order in a special file maintained for that purpose. Upon receiving service
1292	1292	of a subpoena, subpoena duces tecum or an order for production pursuant
1293	1293	to this section, the person or agency served shall give oral or written notice
1294	1294	of service to any person known to have a right to assert a privilege or
1295	1295	assert a right of confidentiality in regard to the documents, reports or
1296	1296	information sought at least seven days before the date of delivery.
1297	1297	(c) Any parent, child, child's attorney, guardian ad litem, person or
1298	1298	entity subpoenaed or subject to an order of production or person or entity
1299	1299	who claims a privilege or right of confidentiality may request in writing
1300	1300	that the court issuing the subpoena or order of production quash the
1301	1301	subpoena, subpoena duces tecum or order for production issued pursuant
1302	1302	to this section. The request shall automatically stay the operation of the
1303	1303	subpoena, subpoena duces tecum or order for production and the
1304	1304	documents, reports or information requested shall not be delivered until
1305	1305	the issuing court has held a hearing to determine if the documents, reports
1306	1306	or information are subject to the claimed privilege or right of
1307	1307	confidentiality, and whether it is in the best interests of the child for the
1308	1308	subpoena or order to produce to be honored. The request to quash shall be
1309	1309	filed with the district court issuing the subpoena or order at least 24 hours
1310	1310	prior to the specified time and date of delivery, excluding Saturdays,
1311	1311	Sundays, holidays, or days on which the office of the clerk of the court is
1312	1312	not accessible, and a copy of the written request must be given to the
1313	1313	person subpoenaed or subject to the order for production at least 24 hours
1314	1314	prior to the specified time and date of delivery.
1315	1315	Sec. 7. K.S.A. 38-2236 is hereby amended to read as follows: 38-
1316	1316	2236. (a) Persons to be served. The summons and a copy of the petition
1317	1317	shall be served on:
1318	1318	(1) The child alleged to be a child in need of care by serving the
1319	1319	child's attorney;
1320	1320	(2) the guardian ad litem, if appointed for the child;
1321	1321	(2)(3) the parents or parent having legal custody or who may be
1322	1322	ordered to pay child support by the court;
1323	1323	(3)(4) the person with whom the child is residing; and
1324	1324	(4)(5) any other person designated by the county or district attorney.
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1368	1368	(b) A copy of the petition and notice of hearing shall be mailed by
1369	1369	first class first-class mail to the child's grandparents with whom the child
1370	1370	does not reside.
1371	1371	Sec. 8. K.S.A. 38-2247 is hereby amended to read as follows: 38-
1372	1372	2247. (a) Adjudication. Proceedings prior to and including adjudication
1373	1373	under this code shall be open to attendance by any person unless the court
1374	1374	determines that closed proceedings or the exclusion of that person would
1375	1375	be in the best interests of the child or is necessary to protect the privacy
1376	1376	rights of the parents.
1377	1377	(1) The court may not exclude the child's attorney, a guardian ad
1378	1378	litem, parties and interested parties.
1379	1379	(2) Members of the news media shall comply with supreme court rule
1380	1380	1001.
1381	1381	(b) Disposition. Proceedings pertaining to the disposition of a child
1382	1382	adjudicated to be in need of care shall be closed to all persons except the
1383	1383	parties, the child's attorney, the guardian ad litem, interested parties and
1384	1384	their attorneys, officers of the court, a court appointed special advocate
1385	1385	and the custodian.
1386	1386	(1) Other persons may be permitted to attend with the consent of the
1387	1387	parties or by order of the court, if the court determines that it would be in
1388	1388	the best interests of the child or the conduct of the proceedings, subject to
1389	1389	such limitations as the court determines to be appropriate.
1390	1390	(2) The court may exclude any person if the court determines that
1391	1391	such person's exclusion would be in the best interests of the child or the
1392	1392	conduct of the proceedings.
1393	1393	(c) Notwithstanding subsections (a) and (b) of this section, the court
1394	1394	shall permit the attendance at the proceedings of up to two people
1395	1395	designated by the parent of the child, both of whom have participated in a
1396	1396	parent ally orientation program approved by the judicial administrator.
1397	1397	(1) Such parent ally orientation program shall include, but not be
1398	1398	limited to, information concerning the confidentiality of the proceedings;
1399	1399	the child and parent's right to counsel; the definitions and jurisdiction
1400	1400	pursuant to the Kansas code for care of children; the types and purposes of
1401	1401	the hearings; options for informal supervision and dispositions; placement
1402	1402	options; the parents' obligation to financially support the child while the
1403	1403	child is in the state's custody; obligations of the secretary for children and
1404	1404	families; obligations of entities that contract with the Kansas department
1405	1405	for children and families for family preservation, foster care and adoption;
1406	1406	the termination of parental rights; the procedures for appeals; and the basic
1407	1407	rules regarding court procedure.
1408	1408	(2) The court may remove the parent's ally or allies from a
1409	1409	proceeding if such ally becomes disruptive in the present proceeding or
1410	1410	has been found disruptive in a prior proceeding.
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1454	1454	(d) Preservation of confidentiality. If information required to be kept
1455	1455	confidential by K.S.A. 38-2209, and amendments thereto, is to be
1456	1456	introduced into evidence and there are persons in attendance who are not
1457	1457	authorized to receive the information, the court may exclude those persons
1458	1458	during the presentation of the evidence or conduct an in camera inspection
1459	1459	of the evidence.
1460	1460	Sec. 9. K.S.A. 38-2248 is hereby amended to read as follows: 38-
1461	1461	2248. (a) In any proceedings under this code, parents, persons with whom
1462	1462	the child has been residing pursuant to subsection (d) of K.S.A. 38-
1463	1463	2241(d), and amendments thereto, the child's attorneys and guardians ad
1464	1464	litem may stipulate or enter no contest statements to all or part of the
1465	1465	allegations in the petition.
1466	1466	(b) Prior to the acceptance of any stipulation or no contest statement,
1467	1467	other than to names, ages, parentage or other preliminary matters, the court
1468	1468	shall ask each of the persons listed in subsection (a) the following
1469	1469	questions:
1470	1470	(1) Do you understand that you have a right to a hearing on the
1471	1471	allegations contained in the petition?
1472	1472	(2) Do you understand that you may be represented by an attorney
1473	1473	and, if you are a parent and financially unable to employ an attorney, the
1474	1474	court will appoint an attorney for you, if you so request?
1475	1475	(3) One of the following: (A) Do you understand that a stipulation is
1476	1476	an admission that the statements in the petition are true or (B) Do you
1477	1477	understand that a no contest statement neither admits nor denies the
1478	1478	statement in the petition but allows the court to find that the statements in
1479	1479	the petition are true?
1480	1480	(4) Do you understand that, if the court accepts your stipulation or no
1481	1481	contest statement, you will not be able to appeal that finding, the court
1482	1482	may find the child to be a child in need of care and the court will then
1483	1483	make further orders as to the care, custody and supervision of the child?
1484	1484	(5) Do you understand that, if the court finds the child to be a child in
1485	1485	need of care, the court is not bound by any agreement or recommendation
1486	1486	of the parties as to disposition and placement of the child?
1487	1487	(c) Before accepting a stipulation the court shall find that there is a
1488	1488	factual basis for the stipulation.
1489	1489	(d) Before an adjudication based on a no contest statement, the court
1490	1490	shall find from a proffer of evidence that there is a factual basis.
1491	1491	(e) In proceedings other than termination of parental rights
1492	1492	proceedings under this code if all persons listed in subsection (a) do not
1493	1493	stipulate or enter no contest statements, the court shall hear evidence as to
1494	1494	those persons, if they are present. The case may proceed by proffer as to
1495	1495	persons not present, unless they appear by counsel and have instructed
1496	1496	counsel to object.
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1540	1540	(f) In evidentiary hearings for termination of parental rights under this
1541	1541	code, the case may proceed by proffer as to parties not present, unless they
1542	1542	appear by counsel and have instructed counsel to object.
1543	1543	Sec. 10. K.S.A. 38-2249 is hereby amended to read as follows: 38-
1544	1544	2249. (a) In all proceedings under this code, the rules of evidence of the
1545	1545	code of civil procedure shall apply, except that no evidence relating to the
1546	1546	condition of a child shall be excluded solely on the ground that the matter
1547	1547	is or may be the subject of a physician-patient privilege, psychologist-
1548	1548	client privilege or social worker-client privilege.
1549	1549	(b) (1) The judge presiding at all hearings under this code shall not
1550	1550	consider or rely upon any report not properly admitted according to the
1551	1551	rules of evidence, except as provided by K.S.A. 38-2219, and amendments
1552	1552	thereto.
1553	1553	(2) In all proceedings under this code, a report concerning the results
1554	1554	and analysis of a court-ordered test of a person's blood, breath, urine or
1555	1555	other bodily substance to determine the presence of alcohol or drugs shall
1556	1556	be admissible in evidence if the report is prepared and attested to by the
1557	1557	person conducting the test or an authorized employee of the facility that
1558	1558	conducted the test. Such person shall prepare a certificate that includes an
1559	1559	attestation as to the result and analysis of the test and sign the certificate
1560	1560	under oath. Nothing in this section shall prevent a party from calling such
1561	1561	person as a witness.
1562	1562	(c) In any proceeding in which a child less than 13 years of age is
1563	1563	alleged to have been physically, mentally or emotionally abused or
1564	1564	neglected or sexually abused, a recording of an oral statement of the child,
1565	1565	or of any witness less than 13 years of age, made before the proceeding
1566	1566	began, is admissible in evidence if:
1567	1567	(1) The court determines that the time, content and circumstances of
1568	1568	the statement provide sufficient indicia of reliability;
1569	1569	(2) no attorney for any party or interested party is present when the
1570	1570	statement is made;
1571	1571	(3) the recording is both visual and aural and is recorded on film,
1572	1572	videotape or by other electronic means;
1573	1573	(4) the recording equipment is capable of making an accurate
1574	1574	recording, the operator of the equipment is competent and the recording is
1575	1575	accurate and has not been altered;
1576	1576	(5) the statement is not made in response to questioning calculated to
1577	1577	lead the child to make a particular statement or is clearly shown to be the
1578	1578	child's statement and not made solely as a result of a leading or suggestive
1579	1579	question;
1580	1580	(6) every voice on the recording is identified;
1581	1581	(7) the person conducting the interview of the child in the recording is
1582	1582	present at the proceeding and is available to testify or be cross-examined
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1626	1626	by any party or interested party; and
1627	1627	(8) each party or interested party to the proceeding is afforded an
1628	1628	opportunity to view the recording before it is offered into evidence.
1629	1629	(d) On motion of any party to a proceeding pursuant to the code in
1630	1630	which a child less than 13 years of age is alleged to have been physically,
1631	1631	mentally or emotionally abused or neglected or sexually abused, the court
1632	1632	may order that the testimony of the child, or of any witness less than 13
1633	1633	years of age, be taken:
1634	1634	(1) In a room other than the courtroom and be televised by closed-
1635	1635	circuit equipment in the courtroom to be viewed by the court and the
1636	1636	parties and interested parties to the proceeding; or
1637	1637	(2) outside the courtroom and be recorded for showing in the
1638	1638	courtroom before the court and the parties and interested parties to the
1639	1639	proceeding if:
1640	1640	(A) The recording is both visual and aural and is recorded on film,
1641	1641	videotape or by other electronic means;
1642	1642	(B) the recording equipment is capable of making an accurate
1643	1643	recording, the operator of the equipment is competent and the recording is
1644	1644	accurate and has not been altered;
1645	1645	(C) every voice on the recording is identified; and
1646	1646	(D) each party and interested party to the proceeding is afforded an
1647	1647	opportunity to view the recording before it is shown in the courtroom.
1648	1648	(e) At the taking of testimony under subsection (d):
1649	1649	(1) Only an attorney for each party, interested party, the child's
1650	1650	attorney, the guardian ad litem for the child or other person whose
1651	1651	presence would contribute to the welfare and well-being of the child and
1652	1652	persons necessary to operate the recording or closed-circuit equipment
1653	1653	may be present in the room with the child during the child's testimony;
1654	1654	(2) only the attorneys for the parties or the child's attorney may
1655	1655	question the child; and
1656	1656	(3) the persons operating the recording or closed-circuit equipment
1657	1657	shall be confined to an adjacent room or behind a screen or mirror that
1658	1658	permits such person to see and hear the child during the child's testimony,
1659	1659	but does not permit the child to see or hear such person.
1660	1660	(f) If the testimony of a child is taken as provided by subsection (d),
1661	1661	the child shall not be compelled to testify in court during the proceeding.
1662	1662	(g) (1) Any objection to a recording under subsection (d)(2) that such
1663	1663	proceeding is inadmissible must be made by written motion filed with the
1664	1664	court at least seven days before the commencement of the adjudicatory
1665	1665	hearing. An objection under this subsection shall specify the portion of the
1666	1666	recording which is objectionable and the reasons for the objection. Failure
1667	1667	to file an objection within the time provided by this subsection shall
1668	1668	constitute waiver of the right to object to the admissibility of the recording
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1712	1712	unless the court, in its discretion, determines otherwise.
1713	1713	(2) The provisions of this subsection shall not apply to any objection
1714	1714	to admissibility for the reason that the recording has been materially
1715	1715	altered.
1716	1716	Sec. 11. K.S.A. 38-2258 is hereby amended to read as follows: 38-
1717	1717	2258. (a) Except as provided in K.S.A. 38-2255(d)(2) and 38-2259, and
1718	1718	amendments thereto, if a child has been in the same foster home or shelter
1719	1719	facility for six months or longer, or has been placed by the secretary in the
1720	1720	home of a parent or relative, the secretary shall give written notice of any
1721	1721	plan to move the child to a different placement unless the move is to the
1722	1722	selected preadoptive family for the purpose of facilitating adoption. The
1723	1723	notice shall be given to: (1) The court having jurisdiction over the child;
1724	1724	(2) the petitioner; (3) the attorney for the parents, if any; (4) each parent
1725	1725	whose address is available; (5) the foster parent or custodian from whose
1726	1726	home or shelter facility it is proposed to remove the child; (6) the child, if
1727	1727	12 or more years of age; (7) the child's attorney; (8) the child's guardian ad
1728	1728	litem, if appointed by the court; (8) (9) any other party or interested party;
1729	1729	and (9) (10) the child's court appointed special advocate.
1730	1730	(b) The notice shall state the placement to which the secretary plans
1731	1731	to transfer the child and the reason for the proposed action. The notice
1732	1732	shall be mailed by first class mail 30 days in advance of the planned
1733	1733	transfer, except that the secretary shall not be required to wait 30 days to
1734	1734	transfer the child if all persons enumerated in subsection (a)(2) through (8)
1735	1735	consent in writing to the transfer.
1736	1736	(c) Within 14 days after receipt of the notice, any person enumerated
1737	1737	in subsection (a)(2) through (8) (9) receiving notice as provided above
1738	1738	may request, either orally or in writing, that the court conduct a hearing to
1739	1739	determine whether or not the change in placement is in the best interests of
1740	1740	the child concerned. When the request has been received, the court shall
1741	1741	schedule a hearing and immediately notify the secretary of the request and
1742	1742	the time and date the matter will be heard. The court shall give notice of
1743	1743	the hearing to persons enumerated in subsection (a)(2) through (9) (10). If
1744	1744	the court does not receive a request for hearing within the specified time,
1745	1745	the change in placement may occur prior to the expiration of the 30 days.
1746	1746	The secretary shall not change the placement of the child, except for the
1747	1747	purpose of adoption, unless the change is approved by the court.
1748	1748	(d) When, after the notice set out above, a child in the custody of the
1749	1749	secretary is removed from the home of a parent after having been placed in
1750	1750	the home of a parent for a period of six months or longer, the secretary
1751	1751	shall request a finding that: (1) (A) The child is likely to sustain harm if
1752	1752	not immediately removed from the home;
1753	1753	(B) allowing the child to remain in home is contrary to the welfare of
1754	1754	the child; or
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1798	1798	(C) immediate placement of the child is in the best interest of the
1799	1799	child; and
1800	1800	(2) reasonable efforts have been made to maintain the family unit and
1801	1801	prevent the unnecessary removal of the child from the child's home or that
1802	1802	an emergency exists which threatens the safety to the child.
1803	1803	(e) The secretary shall present to the court in writing the efforts to
1804	1804	maintain the family unit and prevent the unnecessary removal of the child
1805	1805	from the child's home. In making the findings, the court may rely on
1806	1806	documentation submitted by the secretary or may set the date for a hearing
1807	1807	on the matter. If the secretary requests such finding, the court, not more
1808	1808	than 45 days from the date of the request, shall provide the secretary with a
1809	1809	written copy of the findings by the court for the purpose of documenting
1810	1810	these orders.
1811	1811	Sec. 12. K.S.A. 38-2260 is hereby amended to read as follows: 38-
1812	1812	2260. (a) Valid court order. During proceedings under this code, the court
1813	1813	may enter an order directing a child who is the subject of the proceedings
1814	1814	to remain in a present or future placement if:
1815	1815	(1) The child, the child's attorney and, if appointed, the child's
1816	1816	guardian ad litem are present in court when the order is entered;
1817	1817	(2) the court finds that the child has been adjudicated a child in need
1818	1818	of care pursuant to K.S.A. 38-2202(d)(6), (d)(7), (d)(8), (d)(9), (d)(10) or
1819	1819	(d)(12), and amendments thereto, and that the child is not likely to be
1820	1820	available within the jurisdiction of the court for future proceedings;
1821	1821	(3) the child, the child's attorney and, if appointed, the child's
1822	1822	guardian ad litem receive oral and written notice of the consequences of
1823	1823	violation of the order; and
1824	1824	(4) a copy of the written notice is filed in the official case file.
1825	1825	(b) Application. Any person may file a verified application for
1826	1826	determination that a child has violated an order entered pursuant to
1827	1827	subsection (a) and for an order authorizing holding the child in a secure
1828	1828	facility. The application shall state the applicant's belief that the child has
1829	1829	violated the order entered pursuant to subsection (a) without good cause
1830	1830	and the specific facts supporting the allegation.
1831	1831	(c) Ex parte order. After reviewing the application filed pursuant to
1832	1832	subsection (b), the court may enter an ex parte order directing that the
1833	1833	child be taken into custody and held in a secure facility designated by the
1834	1834	court, if the court finds probable cause that the child violated the court's
1835	1835	order to remain in placement without good cause. Pursuant to K.S.A. 38-
1836	1836	2237, and amendments thereto, the order shall be served on the child's
1837	1837	parents, the child's legal custodian, the child's attorney and, if appointed,
1838	1838	the child's guardian ad litem.
1839	1839	(d) Preliminary hearing. Within 24 hours following a child's being
1840	1840	taken into custody pursuant to an order issued under subsection (c), the
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1884	1884	court shall hold a preliminary hearing to determine whether the child
1885	1885	admits or denies the allegations of the application and, if the child denies
1886	1886	the allegations, to determine whether probable cause exists to support the
1887	1887	allegations.
1888	1888	(1) Notice of the time and place of the preliminary hearing shall be
1889	1889	given orally or in writing to the child's parents, the child's legal custodian
1890	1890	and the child's guardian ad litem.
1891	1891	(2) At the hearing, the child shall have the right to a guardian ad litem
1892	1892	an appointed attorney and shall be served with a copy of the application.
1893	1893	(3) If the child admits the allegations or enters a no contest statement
1894	1894	and if the court finds that the admission or no contest statement is
1895	1895	knowledgeable and voluntary, the court shall proceed without delay to the
1896	1896	placement hearing pursuant to subsection (f).
1897	1897	(4) If the child denies the allegations, the court shall determine
1898	1898	whether probable cause exists to hold the child in a secure facility pending
1899	1899	an evidentiary hearing pursuant to subsection (e). After hearing the
1900	1900	evidence, if the court finds that: (A) There is probable cause to believe that
1901	1901	the child has violated an order entered pursuant to subsection (a) without
1902	1902	good cause; and (B) placement in a secure facility is necessary for the
1903	1903	protection of the child or to assure the presence of the child at the
1904	1904	evidentiary hearing pursuant to subsection (e), the court may order the
1905	1905	child held in a secure facility pending the evidentiary hearing.
1906	1906	(e) Evidentiary hearing. The court shall hold an evidentiary hearing
1907	1907	on an application within 72 hours of the child's being taken into custody.
1908	1908	Notice of the time and place of the hearing shall be given orally or in
1909	1909	writing to the child's parents, the child's legal custodian, the child's
1910	1910	attorney and, if appointed, the child's guardian ad litem. At the evidentiary
1911	1911	hearing, the court shall determine by a clear and convincing evidence
1912	1912	whether the child has:
1913	1913	(1) Violated a court order entered pursuant to subsection (a) without
1914	1914	good cause;
1915	1915	(2) been provided at the hearing with the rights enumerated in
1916	1916	subsection (d)(2); and
1917	1917	(3) been informed of:
1918	1918	(A) The nature and consequences of the proceeding;
1919	1919	(B) the right to confront and cross-examine witnesses and present
1920	1920	evidence;
1921	1921	(C) the right to have a transcript or recording of the proceedings; and
1922	1922	(D) the right to appeal.
1923	1923	(f) Placement. (1) If the child admits violating the order entered
1924	1924	pursuant to subsection (a) or if, after an evidentiary hearing, the court finds
1925	1925	that the child has violated such an order, the court shall immediately
1926	1926	proceed to a placement hearing. The court may enter an order awarding
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1970	1970	custody of the child to:
1971	1971	(A) A parent or other legal custodian;
1972	1972	(B) a person other than a parent or other person having custody, who
1973	1973	shall not be required to be licensed under article 5 of chapter 65 of the
1974	1974	Kansas Statutes Annotated, and amendments thereto;
1975	1975	(C) a youth residential facility; or
1976	1976	(D) the secretary, if the secretary does not already have legal custody
1977	1977	of the child.
1978	1978	(2) The court may authorize the custodian to place the child in a
1979	1979	secure facility, if the court determines that all other placement options have
1980	1980	been exhausted or are inappropriate, based upon a written report submitted
1981	1981	by the secretary, if the child is in the secretary's custody, or submitted by a
1982	1982	public agency independent of the court and law enforcement, if the child is
1983	1983	in the custody of someone other than the secretary. The report shall detail
1984	1984	the behavior of the child and the circumstances under which the child was
1985	1985	brought before the court and made subject to the order entered pursuant to
1986	1986	subsection (a).
1987	1987	(3) The authorization to place the child in a secure facility pursuant to
1988	1988	this subsection shall expire 60 days, inclusive of weekend and legal
1989	1989	holidays, after its issue. The court may grant extensions of such
1990	1990	authorization for two additional periods, each not to exceed 60 days, upon
1991	1991	rehearing pursuant to K.S.A. 38-2256, and amendments thereto.
1992	1992	(g) Payment. The secretary shall only pay for placement and services
1993	1993	for a child placed in a secure facility pursuant to subsection (f) upon
1994	1994	receipt of a valid court order authorizing secure care placement.
1995	1995	(h) Limitations on facilities used. Nothing in this section shall
1996	1996	authorize placement of a child in an adult jail or lockup.
1997	1997	(i) Time limits, computation. Except as otherwise specifically
1998	1998	provided by subsection (f), Saturdays, Sundays, legal holidays, and days
1999	1999	on which the office of the clerk of the court is not accessible shall not be
2000	2000	counted in computing any time limit imposed by this section.
2001	2001	Sec. 13. K.S.A. 38-2268 is hereby amended to read as follows: 38-
2002	2002	2268. (a) Prior to a hearing to consider the termination of parental rights, if
2003	2003	the child's permanency plan is either adoption or appointment of a
2004	2004	custodian, with the approval of the child's attorney and, if appointed, the
2005	2005	child's guardian ad litem and acceptance and approval of the secretary,
2006	2006	either or both parents may: (1) Relinquish parental rights to the child to the
2007	2007	secretary; (2) consent to an adoption; or (3) consent to appointment of a
2008	2008	permanent custodian.
2009	2009	(b) Relinquishment of child to secretary. (1) Any parent or parents
2010	2010	may relinquish a child to the secretary, and if the secretary accepts the
2011	2011	relinquishment in writing, the secretary shall stand in loco parentis to the
2012	2012	child and shall have and possess over the child all rights of a parent,
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2056	2056	including the power to place the child for adoption and give consent
2057	2057	thereto.
2058	2058	(2) All relinquishments to the secretary shall be in writing, in
2059	2059	substantial conformity with the form for relinquishment contained in the
2060	2060	appendix of forms following K.S.A. 59-2143, and amendments thereto,
2061	2061	and shall be executed by either parent of the child.
2062	2062	(3) The relinquishment shall be in writing and shall be acknowledged
2063	2063	before a judge of a court of record or before an officer authorized by law
2064	2064	to take acknowledgments. If the relinquishment is acknowledged before a
2065	2065	judge of a court of record, it shall be the duty of the court to advise the
2066	2066	relinquishing parent of the consequences of the relinquishment.
2067	2067	(4) Except as otherwise provided, in all cases where a parent has
2068	2068	relinquished a child to the agency pursuant to K.S.A. 59-2111 through 59-
2069	2069	2143, and amendments thereto, all the rights of the parent shall be
2070	2070	terminated, including the right to receive notice in a subsequent adoption
2071	2071	proceeding involving the child. Upon such relinquishment, all the rights of
2072	2072	the parents to such child, including such parent's right to inherit from or
2073	2073	through such child, shall cease.
2074	2074	(5) If a parent has relinquished a child to the secretary based on a
2075	2075	belief that the child's other parent would relinquish the child to the
2076	2076	secretary or would be found unfit, and this does not occur, the rights of the
2077	2077	parent who has relinquished a child to the secretary shall not be
2078	2078	terminated.
2079	2079	(6) A parent's relinquishment of a child shall not terminate the right
2080	2080	of the child to inherit from or through the parent.
2081	2081	(c) Permanent custody. (1) A parent may consent to appointment of
2082	2082	an individual as permanent custodian and if the individual accepts the
2083	2083	consent, such individual shall stand in loco parentis to the child and shall
2084	2084	have and possess over the child all the rights of a legal guardian.
2085	2085	(2) All consents to appointment of a permanent custodian shall be in
2086	2086	writing and shall be executed by either parent of the child.
2087	2087	(3) The consent shall be in writing and shall be acknowledged before
2088	2088	a judge of a court of record or before an officer authorized by law to take
2089	2089	acknowledgments. If the consent is acknowledged before a judge of a
2090	2090	court of record, it shall be the duty of the court to advise the consenting
2091	2091	parent of the consequences of the consent.
2092	2092	(4) If a parent has consented to appointment of a permanent custodian
2093	2093	based upon a belief that the child's other parent would so consent or would
2094	2094	be found unfit, and this does not occur, the consent shall be null and void.
2095	2095	(d) Adoption. If the child is in the custody of the secretary and the
2096	2096	parental rights of both parents have been terminated or the parental rights
2097	2097	of one parent have been terminated or that parent has relinquished parental
2098	2098	rights to the secretary, the child may be adopted by persons approved by
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2142	2142	the secretary and the court. If the child is no longer in the custody of the
2143	2143	secretary, the court may approve adoption of the child by persons who: (1)
2144	2144	Both parents consent to adopt; or (2) one parent consents to adopt, if the
2145	2145	parental rights of the other parent have been terminated. The consent shall
2146	2146	follow the form contained in the appendix of forms following K.S.A. 59-
2147	2147	2143, and amendments thereto.
2148	2148	Sec. 14. K.S.A. 38-2275 is hereby amended to read as follows: 38-
2149	2149	2275. (a) When an appeal is taken pursuant to this code, fees if of the
2150	2150	child's attorney, the child's guardian ad litem or of an attorney appointed to
2151	2151	represent a parent shall be fixed by the district court. The fees, together
2152	2152	with the costs of transcripts and records on appeal, shall be taxed as
2153	2153	expenses on appeal. The court on appeal may assess the fees and expenses
2154	2154	against a party or interested party or order that they be paid from the
2155	2155	general fund of the county.
2156	2156	(b) When the court orders the fees and expenses assessed against a
2157	2157	party or interested party, such fees shall be paid from the county general
2158	2158	fund, subject to reimbursement by the party or interested party against
2159	2159	whom the fees were assessed. The county may enforce the order as a civil
2160	2160	judgment, except the county shall not be required to pay the docket fee or
2161	2161	fee for execution.
2162	2162	Sec. 15. K.S.A. 38-2291 is hereby amended to read as follows: 38-
2163	2163	2291. (a) Whenever a child is placed in a qualified residential treatment
2164	2164	program, the secretary shall notify the court in writing within seven days
2165	2165	of placement. Written notice shall also be given to: (1) The petitioner; (2)
2166	2166	the attorney for the parents, if any; (3) each parent at the last known
2167	2167	address; (4) the child, if 12 or more years of age; (5) the child's attorney;
2168	2168	(6) the child's guardian ad litem; (6)(7) any other party or interested party;
2169	2169	and (7)(8) the child's court-appointed special advocate.
2170	2170	(b) Within 30 days after a child is placed in a qualified residential
2171	2171	treatment program, any person enumerated in subsection (a)(1) through (7)
2172	2172	(8) receiving notice as provided above may request, in writing, that the
2173	2173	court conduct a hearing. If a hearing is requested, the court shall conduct
2174	2174	the hearing within 60 days of placement. The court shall give notice of the
2175	2175	hearing to all persons enumerated in subsection (a)(1) through (7) (8).
2176	2176	(c) The secretary shall provide to the court in writing an assessment
2177	2177	and documentation of the need for placement in a qualified residential
2178	2178	treatment program.
2179	2179	(d) Within 60 days after a child is placed in a qualified residential
2180	2180	treatment program, the court shall:
2181	2181	(1) Consider the assessment and documentation provided by the
2182	2182	secretary pursuant to subsection (c);
2183	2183	(2) determine whether the needs of the child can be met through
2184	2184	placement in a foster family home or, if not, whether placement of the
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2228	2228	child in a qualified residential treatment program provides the most
2229	2229	effective and appropriate level of care for the child in the least restrictive
2230	2230	environment and whether that placement is consistent with the short-term
2231	2231	and long-term goals for the child as specified in the permanency plan for
2232	2232	the child; and
2233	2233	(3) approve or disapprove the placement.
2234	2234	(e) This section shall be a part of and supplemental to the revised
2235	2235	Kansas code for care of children.
2236	2236	Sec. 16. K.S.A. 38-2202, 38-2205, 38-2219, 38-2229, 38-2236, 38-
2237	2237	2247, 38-2248, 38-2249, 38-2258, 38-2260, 38-2268, 38-2275 and 38-
2238	2238	2291 and K.S.A. 2022 Supp. 38-2211 and 38-2212 are hereby repealed.
2239	2239	Sec. 17. This act shall take effect and be in force from and after its
2240	2240	publication in the statute book.
2241	2241	1
2242	2242	2
2243	2243	3
2244	2244	4
2245	2245	5
2246	2246	6
2247	2247	7
2248	2248	8
2249	2249	9
2250	2250	10
2251	2251	11
2252	2252	12
2253	2253	13