KS
Kansas House Bill HB2553

Kansas 2023-2024 Regular Session

Kansas House Bill HB2553 Compare Versions

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11 Session of 2024
22 HOUSE BILL No. 2553
33 By Committee on Child Welfare and Foster Care
44 Requested by John Monroe on behalf of the Center for the Rights of Abused
55 Children
66 1-18
77 AN ACT concerning children and minors; relating to children who are
88 missing in custody of the secretary for children and families;
99 establishing procedures for the secretary and law enforcement agencies
1010 after receiving information that a child in custody of the secretary is
1111 missing; requiring the secretary to obtain and maintain an identification
1212 card for children adjudicated to be a child in need of care; amending
1313 K.S.A. 38-2221, 38-2289 and 75-712c and repealing the existing
1414 sections.
1515 Be it enacted by the Legislature of the State of Kansas:
1616 New Section 1. (a) In addition to requirements of K.S.A. 75-712c,
1717 and amendments thereto, after receiving information that a child in
1818 custody of the secretary is missing, a law enforcement agency shall:
1919 (1) Within two hours of receipt of the information, enter the
2020 following information into the missing person system of the national crime
2121 information center and the missing and unidentified person system of the
2222 Kansas bureau of investigation:
2323 (A) Name, date of birth, sex, race, height, weight and eye and hair
2424 colors of the child;
2525 (B) a recent photo of the child;
2626 (C) the date and location of the last known contact with the child; and
2727 (D) whether the child is a high-risk missing person pursuant to
2828 K.S.A. 75-712c(e)(3), and amendments thereto;
2929 (2) provide to all local media outlets and post to social media
3030 platforms the following information regarding the child and, if known, the
3131 child's alleged abductor:
3232 (A) A complete physical description of the child and, if known, the
3333 child's alleged abductor;
3434 (B) the last known location of the child and, if known, the child's
3535 alleged abductor;
3636 (C) a description of the clothing last worn by the child and, if known,
3737 the child's alleged abductor;
3838 (D) a description of any vehicle that may be involved with the child's
3939 disappearance;
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7474 (E) current photos of the child and, if available, the child's alleged
7575 abductor;
7676 (F) a law enforcement telephone number; and
7777 (G) information regarding any offered rewards;
7878 (3) within 30 days of the information entered pursuant to paragraph
7979 (1), verify and update the record with additional information, including, if
8080 available, medical and dental records and a photo taken of the child within
8181 the previous 180 days;
8282 (4) maintain communication with the secretary and the national
8383 center for missing and exploited children for exchanging information and
8484 assistance in the investigation; and
8585 (5) not remove the information entered pursuant to this section until
8686 the child returns or is located.
8787 (b) This section shall be a part of and supplemental to the revised
8888 Kansas code for care of children.
8989 Sec. 2. K.S.A. 38-2221 is hereby amended to read as follows: 38-
9090 2221. (a) The secretary shall obtain a nondriver's identification card for a
9191 child adjudicated to be a child in need of care issued pursuant to K.S.A. 8-
9292 1324, and amendments thereto, within 90 days of the adjudication. The
9393 secretary shall place and maintain a copy of the child's nondriver's
9494 identification card in the child's record.
9595 (b) Fingerprints or photographs of a person alleged or adjudicated to
9696 be a child in need of care may be taken:
9797 (1) By a person authorized to investigate an allegation or suspicion of
9898 child abuse or neglect to obtain and preserve evidence or to determine the
9999 identity of a child;
100100 (2) as authorized by K.S.A. 38-1611 38-2313, and amendments
101101 thereto; or
102102 (3) if authorized by a judge of the district court having jurisdiction;
103103 or
104104 (4) for the purposes of obtaining a nondriver's identification card
105105 authorized by K.S.A. 8-1324, and amendments thereto.
106106 (b)(c) Fingerprints and photographs taken under subsection (a)(3) (b)
107107 (3):
108108 (1) Shall be kept separate from those of persons of the age of
109109 majority; and
110110 (2) may be sent to a state or federal repository only if authorized by a
111111 judge of the district court having jurisdiction.
112112 (c)(d) Nothing in this section shall preclude the custodian of the child
113113 from authorizing photographs or fingerprints of the child to:
114114 (1) Be used in any action under the Kansas parentage act, K.S.A. 23-
115115 2201 et seq., and amendments thereto;
116116 (2) assist in the apprehension of a runaway child;
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160160 (3) assist in the adoption or other permanent placement of a child; or
161161 (4) provide the child or the child's parents with a history of the child's
162162 life and development.
163163 (d)(e) For purposes of this section, the term "photograph" means an
164164 image or likeness of a child made or reproduced by any medium or means.
165165 Sec. 3. K.S.A. 38-2289 is hereby amended to read as follows: 38-
166166 2289. (a) Immediately after receiving information that a child has been
167167 identified as a victim of human trafficking, aggravated human trafficking
168168 or commercial sexual exploitation of a child, and in no case later than 24
169169 hours after receiving such information, the secretary shall report such
170170 information to law enforcement agencies of jurisdiction.
171171 (b) (1) Immediately after receiving information that a child in the
172172 custody of the secretary is missing, and in no case later than 24 hours after
173173 receiving such information, the secretary shall report such information to
174174 the national center for missing and exploited children and the law
175175 enforcement agency in the jurisdiction from which the child is missing.
176176 The law enforcement agency shall enter such information into the missing
177177 person system of the national crime information center and the missing
178178 and unidentified person system of the Kansas bureau of investigation, in
179179 accordance with K.S.A. 75-712c, and amendments thereto.
180180 (2) Unless the law enforcement agency in the jurisdiction where the
181181 child is missing determines that contact with the following will hinder
182182 investigation efforts, the secretary shall contact the following to obtain
183183 information about the child's disappearance:
184184 (A) The child's parents;
185185 (B) the child's known relatives;
186186 (C) the child's placement;
187187 (D) the child's guardian ad litem;
188188 (E) the child's court-appointed special advocate; and
189189 (F) any other person who the secretary determines may have
190190 information regarding the child's disappearance.
191191 (3) Unless the law enforcement agency in the jurisdiction where the
192192 child is missing determines that notification to the following will hinder
193193 investigation efforts, the secretary shall notify the following about the
194194 child's disappearance:
195195 (A) The child's parents;
196196 (B) the child's known relatives;
197197 (C) the child's placement;
198198 (D) the child's guardian ad litem;
199199 (E) the child's court-appointed special advocate;
200200 (F) any judicial officer involved with the child's proceeding;
201201 (G) the county or district attorney involved with the child's
202202 proceeding; and
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246246 (H) if the child is a member of a federally recognized Indian tribe or
247247 tribes, the child's tribe or tribes.
248248 (4) Until a missing child is found or the child reaches the age of
249249 majority, the secretary shall:
250250 (A) Maintain an open case file;
251251 (B) maintain a written record that shall be filed with the court
252252 detailing every effort the secretary has made to locate the missing child
253253 within 10 days after the effort to locate the child began, specifically the
254254 notifications and documentation sent to individuals and departments
255255 pursuant to the requirements of this section;
256256 (C) contact law enforcement frequently and document the
257257 information provided and received; and
258258 (D) for a child who has been missing for two or more years, work
259259 with the national center for missing and exploited children to create an
260260 age-progression image of the child.
261261 (5) The secretary shall develop and conduct annual training for
262262 employees who have direct oversight of children and the direct supervisors
263263 of such employees. The training shall include procedures for locating
264264 missing children and the requirements for ongoing efforts to locate a
265265 missing child.
266266 (6) Unless the investigating law enforcement agency determines that
267267 it will hinder the investigation, until the child is located, the secretary
268268 shall:
269269 (A) Maintain contact with:
270270 (i) Law enforcement agencies involved in the child's case;
271271 (ii) the child's parents, guardian or custodian;
272272 (iii) the child's known relatives;
273273 (iv) current and former placements of the child;
274274 (v) the child's school; and
275275 (vi) known acquaintances of the child;
276276 (B) conduct a search of locations and places where the child may be
277277 found;
278278 (C) continually review social media accounts that may be associated
279279 with the child or the child's known acquaintances;
280280 (D) coordinate efforts with law enforcement agencies in searching for
281281 the child; and
282282 (E) conduct ongoing search efforts with the secretary's field staff.
283283 (7) When a missing child is located, the secretary shall:
284284 (A) Inform the following:
285285 (i) All law enforcement agencies involved in the child's case;
286286 (ii) the attorney general's office; and
287287 (iii) the national center for missing and exploited children;
288288 (B) have in-person contact with the child within 24 hours after the
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332332 child is located;
333333 (C) obtain a medical exam for the child;
334334 (D) assess and document the child's experiences while absent from
335335 care, including screening to determine if the child is a victim of human
336336 trafficking and document agency efforts to prevent reoccurrence;
337337 (E) assess the appropriateness of the child returning to the child's
338338 current placement; and
339339 (F) assess factors that contributed to the child's absence.
340340 (c) The chairperson of the joint committee on child welfare system
341341 oversight established by K.S.A. 46-3901, and amendments thereto, may
342342 call a meeting to address concerns related to the secretary and law
343343 enforcement's compliance with this section and provide recommendations.
344344 The committee may request an annual independent audit of the secretary's
345345 compliance with this section. If the independent audit determines that the
346346 secretary is not compliant, the independent audit shall recommend
347347 improvements to the secretary's efforts to locate missing children.
348348 (c)(d) This section shall be a part of and supplemental to the revised
349349 Kansas code for care of children.
350350 Sec. 4. K.S.A. 75-712c is hereby amended to read as follows: 75-
351351 712c. (a) (1) All law enforcement agencies of the state of Kansas, or any
352352 political subdivision thereof, shall accept and process, without delay, any
353353 report of a missing person by any person at any time pursuant to K.S.A.
354354 75-712b through 75-712e, and amendments thereto, and K.S.A. 75-712f
355355 through 75-712h, and amendments thereto, and section 1, and
356356 amendments thereto.
357357 (2) No law enforcement agency shall refuse or otherwise fail to
358358 accept a missing person report for any reason except when the law
359359 enforcement agency:
360360 (A) Knows the location of the person reported missing;
361361 (B) has confirmed the safe status of the person reported missing; or
362362 (C) has confirmed that another law enforcement agency has already
363363 completed a report on the missing person incident.
364364 (3) The reports shall be entered into the missing person system of the
365365 national crime information center and the missing and unidentified person
366366 system of the Kansas bureau of investigation within two hours of receipt
367367 of the minimum data required to enter a record into such system, except as
368368 provided in subsection (e)(4).
369369 (4) The law enforcement agency immediately shall commence an
370370 investigation based upon the elements of the initial reports.
371371 (b) The law enforcement agency shall provide the person making
372372 such report with contact information and information concerning the
373373 national center for missing and exploited children and the national center
374374 for missing adults.
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418418 (c) Within a reasonable period of time, and in no case longer than 30
419419 calendar days, follow-up forms from the national crime information center
420420 or the Kansas bureau of investigation, or both, shall be given to the
421421 reporting party, to be completed and returned to the law enforcement
422422 agency. The data reported on the follow-up forms shall be entered
423423 immediately into the missing person system of the national crime
424424 information center and the missing and unidentified person system of the
425425 Kansas bureau of investigation.
426426 (d) The reporting party shall be advised to immediately notify the law
427427 enforcement agency in the event the missing person returns or is located.
428428 Except as provided further, the law enforcement agency shall immediately
429429 notify the reporting party if the missing person is located or contacted. The
430430 law enforcement agency investigating the report shall not give information
431431 to the reporting party if the law enforcement agency has reason to believe
432432 the missing person is an adult or an emancipated minor and is staying at or
433433 has made contact with a domestic violence or sexual assault program and
434434 does not expressly consent to the release of this information. Upon
435435 location of or contact by the missing person, the law enforcement agency
436436 shall clear the case in the national crime information center and Kansas
437437 bureau of investigation databases.
438438 (e) (1) Upon receipt of a missing person report, the law enforcement
439439 agency shall immediately determine whether such person may be a high-
440440 risk missing person.
441441 (2) Upon obtaining any new information concerning the missing
442442 person at any time, the law enforcement agency shall evaluate whether
443443 such person may be a high-risk missing person.
444444 (3) A high-risk missing person means any person who is at
445445 heightened risk of bodily harm or death, including, but not limited to,
446446 persons missing:
447447 (A) As a result of an abduction;
448448 (B) under suspicious or known dangerous circumstances;
449449 (C) more than 30 days;
450450 (D) who have been designated as high-risk missing persons by
451451 another law enforcement agency; or
452452 (E) under any facts or circumstances that would lead the law
453453 enforcement agency to believe such person may be at risk of bodily harm
454454 or death.
455455 (4) Upon a determination that a missing person is a high-risk missing
456456 person, the law enforcement agency shall immediately and specifically
457457 make such determination known to the missing and unidentified person
458458 system of the Kansas bureau of investigation and cause the information to
459459 be entered into the missing person system of the national crime
460460 information center as soon as possible after the minimum information to
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504504 make such entry is received.
505505 (f) If the subject of the missing person report is a child in the custody
506506 of the secretary for children and families, upon receipt of the report, the
507507 law enforcement agency shall be subject to the requirements of section 1,
508508 and amendments thereto.
509509 Sec. 5. K.S.A. 38-2221, 38-2289 and 75-712c are hereby repealed.
510510 Sec. 6. This act shall take effect and be in force from and after its
511511 publication in the statute book.
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