Session of 2024
HOUSE BILL No. 2553
By Committee on Child Welfare and Foster Care
Requested by John Monroe on behalf of the Center for the Rights of Abused
Children
1-18
AN ACT concerning children and minors; relating to children who are
missing in custody of the secretary for children and families;
establishing procedures for the secretary and law enforcement agencies
after receiving information that a child in custody of the secretary is
missing; requiring the secretary to obtain and maintain an identification
card for children adjudicated to be a child in need of care; amending
K.S.A. 38-2221, 38-2289 and 75-712c and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) In addition to requirements of K.S.A. 75-712c,
and amendments thereto, after receiving information that a child in
custody of the secretary is missing, a law enforcement agency shall:
(1) Within two hours of receipt of the information, enter the
following information into the missing person system of the national crime
information center and the missing and unidentified person system of the
Kansas bureau of investigation:
(A) Name, date of birth, sex, race, height, weight and eye and hair
colors of the child;
(B) a recent photo of the child;
(C) the date and location of the last known contact with the child; and
(D) whether the child is a high-risk missing person pursuant to
K.S.A. 75-712c(e)(3), and amendments thereto;
(2) provide to all local media outlets and post to social media
platforms the following information regarding the child and, if known, the
child's alleged abductor:
(A) A complete physical description of the child and, if known, the
child's alleged abductor;
(B) the last known location of the child and, if known, the child's
alleged abductor;
(C) a description of the clothing last worn by the child and, if known,
the child's alleged abductor;
(D) a description of any vehicle that may be involved with the child's
disappearance;
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(E) current photos of the child and, if available, the child's alleged
abductor;
(F) a law enforcement telephone number; and
(G) information regarding any offered rewards;
(3) within 30 days of the information entered pursuant to paragraph
(1), verify and update the record with additional information, including, if
available, medical and dental records and a photo taken of the child within
the previous 180 days;
(4) maintain communication with the secretary and the national
center for missing and exploited children for exchanging information and
assistance in the investigation; and
(5) not remove the information entered pursuant to this section until
the child returns or is located.
(b) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
Sec. 2. K.S.A. 38-2221 is hereby amended to read as follows: 38-
2221. (a) The secretary shall obtain a nondriver's identification card for a
child adjudicated to be a child in need of care issued pursuant to K.S.A. 8-
1324, and amendments thereto, within 90 days of the adjudication. The
secretary shall place and maintain a copy of the child's nondriver's
identification card in the child's record.
(b) Fingerprints or photographs of a person alleged or adjudicated to
be a child in need of care may be taken:
(1) By a person authorized to investigate an allegation or suspicion of
child abuse or neglect to obtain and preserve evidence or to determine the
identity of a child;
(2) as authorized by K.S.A. 38-1611 38-2313, and amendments
thereto; or
(3) if authorized by a judge of the district court having jurisdiction;
or
(4) for the purposes of obtaining a nondriver's identification card
authorized by K.S.A. 8-1324, and amendments thereto.
(b)(c) Fingerprints and photographs taken under subsection (a)(3) (b)
(3):
(1) Shall be kept separate from those of persons of the age of
majority; and
(2) may be sent to a state or federal repository only if authorized by a
judge of the district court having jurisdiction.
(c)(d) Nothing in this section shall preclude the custodian of the child
from authorizing photographs or fingerprints of the child to:
(1) Be used in any action under the Kansas parentage act, K.S.A. 23-
2201 et seq., and amendments thereto;
(2) assist in the apprehension of a runaway child;
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(3) assist in the adoption or other permanent placement of a child; or
(4) provide the child or the child's parents with a history of the child's
life and development.
(d)(e) For purposes of this section, the term "photograph" means an
image or likeness of a child made or reproduced by any medium or means.
Sec. 3. K.S.A. 38-2289 is hereby amended to read as follows: 38-
2289. (a) Immediately after receiving information that a child has been
identified as a victim of human trafficking, aggravated human trafficking
or commercial sexual exploitation of a child, and in no case later than 24
hours after receiving such information, the secretary shall report such
information to law enforcement agencies of jurisdiction.
(b) (1) Immediately after receiving information that a child in the
custody of the secretary is missing, and in no case later than 24 hours after
receiving such information, the secretary shall report such information to
the national center for missing and exploited children and the law
enforcement agency in the jurisdiction from which the child is missing.
The law enforcement agency shall enter such information into the missing
person system of the national crime information center and the missing
and unidentified person system of the Kansas bureau of investigation, in
accordance with K.S.A. 75-712c, and amendments thereto.
(2) Unless the law enforcement agency in the jurisdiction where the
child is missing determines that contact with the following will hinder
investigation efforts, the secretary shall contact the following to obtain
information about the child's disappearance:
(A) The child's parents;
(B) the child's known relatives;
(C) the child's placement;
(D) the child's guardian ad litem;
(E) the child's court-appointed special advocate; and
(F) any other person who the secretary determines may have
information regarding the child's disappearance.
(3) Unless the law enforcement agency in the jurisdiction where the
child is missing determines that notification to the following will hinder
investigation efforts, the secretary shall notify the following about the
child's disappearance:
(A) The child's parents;
(B) the child's known relatives;
(C) the child's placement;
(D) the child's guardian ad litem;
(E) the child's court-appointed special advocate;
(F) any judicial officer involved with the child's proceeding;
(G) the county or district attorney involved with the child's
proceeding; and
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(H) if the child is a member of a federally recognized Indian tribe or
tribes, the child's tribe or tribes.
(4) Until a missing child is found or the child reaches the age of
majority, the secretary shall:
(A) Maintain an open case file;
(B) maintain a written record that shall be filed with the court
detailing every effort the secretary has made to locate the missing child
within 10 days after the effort to locate the child began, specifically the
notifications and documentation sent to individuals and departments
pursuant to the requirements of this section;
(C) contact law enforcement frequently and document the
information provided and received; and
(D) for a child who has been missing for two or more years, work
with the national center for missing and exploited children to create an
age-progression image of the child.
(5) The secretary shall develop and conduct annual training for
employees who have direct oversight of children and the direct supervisors
of such employees. The training shall include procedures for locating
missing children and the requirements for ongoing efforts to locate a
missing child.
(6) Unless the investigating law enforcement agency determines that
it will hinder the investigation, until the child is located, the secretary
shall:
(A) Maintain contact with:
(i) Law enforcement agencies involved in the child's case;
(ii) the child's parents, guardian or custodian;
(iii) the child's known relatives;
(iv) current and former placements of the child;
(v) the child's school; and
(vi) known acquaintances of the child;
(B) conduct a search of locations and places where the child may be
found;
(C) continually review social media accounts that may be associated
with the child or the child's known acquaintances;
(D) coordinate efforts with law enforcement agencies in searching for
the child; and
(E) conduct ongoing search efforts with the secretary's field staff.
(7) When a missing child is located, the secretary shall:
(A) Inform the following:
(i) All law enforcement agencies involved in the child's case;
(ii) the attorney general's office; and
(iii) the national center for missing and exploited children;
(B) have in-person contact with the child within 24 hours after the
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child is located;
(C) obtain a medical exam for the child;
(D) assess and document the child's experiences while absent from
care, including screening to determine if the child is a victim of human
trafficking and document agency efforts to prevent reoccurrence;
(E) assess the appropriateness of the child returning to the child's
current placement; and
(F) assess factors that contributed to the child's absence.
(c) The chairperson of the joint committee on child welfare system
oversight established by K.S.A. 46-3901, and amendments thereto, may
call a meeting to address concerns related to the secretary and law
enforcement's compliance with this section and provide recommendations.
The committee may request an annual independent audit of the secretary's
compliance with this section. If the independent audit determines that the
secretary is not compliant, the independent audit shall recommend
improvements to the secretary's efforts to locate missing children.
(c)(d) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
Sec. 4. K.S.A. 75-712c is hereby amended to read as follows: 75-
712c. (a) (1) All law enforcement agencies of the state of Kansas, or any
political subdivision thereof, shall accept and process, without delay, any
report of a missing person by any person at any time pursuant to K.S.A.
75-712b through 75-712e, and amendments thereto, and K.S.A. 75-712f
through 75-712h, and amendments thereto, and section 1, and
amendments thereto.
(2) No law enforcement agency shall refuse or otherwise fail to
accept a missing person report for any reason except when the law
enforcement agency:
(A) Knows the location of the person reported missing;
(B) has confirmed the safe status of the person reported missing; or
(C) has confirmed that another law enforcement agency has already
completed a report on the missing person incident.
(3) The reports shall be entered into the missing person system of the
national crime information center and the missing and unidentified person
system of the Kansas bureau of investigation within two hours of receipt
of the minimum data required to enter a record into such system, except as
provided in subsection (e)(4).
(4) The law enforcement agency immediately shall commence an
investigation based upon the elements of the initial reports.
(b) The law enforcement agency shall provide the person making
such report with contact information and information concerning the
national center for missing and exploited children and the national center
for missing adults.
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(c) Within a reasonable period of time, and in no case longer than 30
calendar days, follow-up forms from the national crime information center
or the Kansas bureau of investigation, or both, shall be given to the
reporting party, to be completed and returned to the law enforcement
agency. The data reported on the follow-up forms shall be entered
immediately into the missing person system of the national crime
information center and the missing and unidentified person system of the
Kansas bureau of investigation.
(d) The reporting party shall be advised to immediately notify the law
enforcement agency in the event the missing person returns or is located.
Except as provided further, the law enforcement agency shall immediately
notify the reporting party if the missing person is located or contacted. The
law enforcement agency investigating the report shall not give information
to the reporting party if the law enforcement agency has reason to believe
the missing person is an adult or an emancipated minor and is staying at or
has made contact with a domestic violence or sexual assault program and
does not expressly consent to the release of this information. Upon
location of or contact by the missing person, the law enforcement agency
shall clear the case in the national crime information center and Kansas
bureau of investigation databases.
(e) (1) Upon receipt of a missing person report, the law enforcement
agency shall immediately determine whether such person may be a high-
risk missing person.
(2) Upon obtaining any new information concerning the missing
person at any time, the law enforcement agency shall evaluate whether
such person may be a high-risk missing person.
(3) A high-risk missing person means any person who is at
heightened risk of bodily harm or death, including, but not limited to,
persons missing:
(A) As a result of an abduction;
(B) under suspicious or known dangerous circumstances;
(C) more than 30 days;
(D) who have been designated as high-risk missing persons by
another law enforcement agency; or
(E) under any facts or circumstances that would lead the law
enforcement agency to believe such person may be at risk of bodily harm
or death.
(4) Upon a determination that a missing person is a high-risk missing
person, the law enforcement agency shall immediately and specifically
make such determination known to the missing and unidentified person
system of the Kansas bureau of investigation and cause the information to
be entered into the missing person system of the national crime
information center as soon as possible after the minimum information to
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make such entry is received.
(f) If the subject of the missing person report is a child in the custody
of the secretary for children and families, upon receipt of the report, the
law enforcement agency shall be subject to the requirements of section 1,
and amendments thereto.
Sec. 5. K.S.A. 38-2221, 38-2289 and 75-712c are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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