Session of 2024
HOUSE BILL No. 2554
By Committee on Child Welfare and Foster Care
Requested by John Monroe, The Center for the Rights of Abused Children
1-18
AN ACT concerning children and minors; relating to the secretary for
children and families; directing the secretary to identify relatives of
children alleged or adjudicated to be a child in need of care; requiring
the secretary to file efforts to find relatives or persons with whom the
child has close emotional ties and send notice to such persons of the
custody of the child; amending K.S.A. 38-2264 and K.S.A. 2023 Supp.
38-2243 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) When the court issues an order directing who shall
have temporary custody of a child pursuant to K.S.A. 38-2243, and
amendments thereto, the secretary shall search, identify and notify adult
relatives of the child who is the subject of the proceedings or persons with
whom the child has close emotional ties within 30 days of the court order.
(b) The secretary's search to identify adult relatives of the child or
persons with whom the child has close emotional ties shall include:
(1) An interview with the child's parents;
(2) an interview with the child;
(3) interviews with identified adult relatives;
(4) interviews with other persons who are likely to have information
regarding the location of adult relatives of the child or persons with whom
the child has close emotional ties;
(5) inquiries of the parties of the child in need of care proceeding
conducted by the court;
(6) a comprehensive search of databases that include access to:
(A) Employment records;
(B) vehicle registration records;
(C) child support enforcement records;
(D) utility accounts;
(E) previous residential addresses;
(F) law enforcement agency records;
(G) department of corrections records; and
(H) any other records that are likely to result in identifying and
locating adult relatives of the child; and
(7) any other means that are likely to identify adult relatives of the
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child or persons with whom the child has close emotional ties.
(c) Within 30 days of a court order issued pursuant to K.S.A. 38-
2243, and amendments thereto, and at each subsequent hearing for the
child in need of care proceeding, the secretary shall file with the court a
report of such secretary's efforts to comply with subsection (a). The report
shall include:
(1) Whether adult relatives of the child or persons with whom the
child has close emotional ties have accepted or rejected consideration for
the child's placement and any person who has responded to the notice
received pursuant to subsection (d);
(2) the status of the secretary's efforts to consider such relatives and
persons as a placement for the child; and
(3) documentation of unresponsiveness from relatives and persons
who received notice pursuant to subsection (d).
(d) Unless safety concerns exist that are known to the secretary, the
secretary shall provide notice by certified mail to adult relatives of the
child and persons with whom the child has close emotional ties as
identified according to the requirements of this section. The notice shall
include:
(1) Information that the child has been or is being removed from
parental custody;
(2) options available to an adult relative or a person with whom a
child has close emotional ties for participating in the care or placement of
the child;
(3) information on financial assistance or other forms of support that
are available to whomever the child may be placed;
(4) a description of the process for becoming a licensed foster home
and a list of services and support that are available for children placed in
licensed foster homes;
(5) information for responding to the secretary's notice; and
(6) a statement that failure to respond within 30 days of the date of
the notice may result in the secretary not considering for placement the
adult relative or the person with whom the child has close emotional ties.
An adult relative or a person who fails to respond within 30 days of the
date of the notice and subsequently wishes to become the child's placement
shall show by clear and convincing evidence that a change in placement is
in the best interests of such child.
(e) The secretary shall continue to search for adult relatives of the
child or a person with whom the child has close emotional ties, if ordered
by the court, for up to six months from the order directing who shall have
temporary custody of a child pursuant to K.S.A. 38-2243, and amendments
thereto, or a change in the child's placement.
(f) On the date of a permanency hearing held pursuant to K.S.A. 38-
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2264, and amendments thereto, the secretary shall report to the court the
intensive, ongoing and, as of the date of the hearing, unsuccessful
permanency efforts made by the secretary to return the child home or
secure a placement for the child with a fit and willing relative, a legal
guardian or an adoptive parent.
(g) This section shall be a part of and supplemental the revised
Kansas code for care of children.
Sec. 2. K.S.A. 2023 Supp. 38-2243 is hereby amended to read as
follows: 38-2243. (a) Upon notice and hearing, the court may issue an
order directing who shall have temporary custody and may modify the
order during the pendency of the proceedings as will best serve the child's
welfare.
(b) A hearing pursuant to this section shall be held within 72 hours,
excluding Saturdays, Sundays, legal holidays, and days on which the
office of the clerk of the court is not accessible, following a child having
been taken into protective custody.
(c) Whenever it is determined that a temporary custody hearing is
required, the court shall immediately set the time and place for the hearing.
Notice of a temporary custody hearing shall be given to all parties and
interested parties.
(d) Notice of the temporary custody hearing shall be given at least 24
hours prior to the hearing. The court may continue the hearing to afford the
24 hours prior notice or, with the consent of the party or interested party,
proceed with the hearing at the designated time. If an order of temporary
custody is entered and the parent or other person having custody of the
child has not been notified of the hearing, did not appear or waive
appearance and requests a rehearing, the court shall rehear the matter
without unnecessary delay.
(e) Oral notice may be used for giving notice of a temporary custody
hearing where there is insufficient time to give written notice. Oral notice
is completed upon filing a certificate of oral notice.
(f) The court may enter an order of temporary custody after
determining there is probable cause to believe that the:
(1) Child is dangerous to self or to others;
(2) child is not likely to be available within the jurisdiction of the
court for future proceedings;
(3) health or welfare of the child may be endangered without further
care;
(4) child has been subjected to human trafficking or aggravated
human trafficking, as defined by K.S.A. 21-5426, and amendments
thereto, or commercial sexual exploitation of a child, as defined by K.S.A.
21-6422, and amendments thereto;
(5) child is experiencing a mental health crisis and is in need of
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treatment; or
(6) child committed an act which, if committed by an adult, would
constitute a violation of K.S.A. 21-6419, and amendments thereto.
(g) (1) Whenever the court determines the necessity for an order of
temporary custody the court may place the child in the temporary custody
of:
(A) A parent or other person having custody of the child and may
enter a restraining order pursuant to subsection (h);
(B) a person, other than the parent or other person having custody,
who shall not be required to be licensed under article 5 of chapter 65 of the
Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of law,
if the child has been subjected to human trafficking or aggravated human
trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or
commercial sexual exploitation of a child, as defined by K.S.A. 21-6422,
and amendments thereto, or the child committed an act which, if
committed by an adult, would constitute a violation of K.S.A. 21-6419,
and amendments thereto;
(F) after written authorization by a community mental health center, a
juvenile crisis intervention center, as described in K.S.A. 65-536, and
amendments thereto; or
(G) the secretary, if the child is 15 years of age or younger, or 16 or
17 years of age if the child has no identifiable parental or family resources
or shows signs of physical, mental, emotional or sexual abuse.
(2) If the secretary presents the court with a plan to provide services
to a child or family which the court finds will assure the safety of the
child, the court may only place the child in the temporary custody of the
secretary until the court finds the services are in place. The court shall
have the authority to require any person or entity agreeing to participate in
the plan to perform as set out in the plan. When the child is placed in the
temporary custody of the secretary, the secretary shall have the
discretionary authority to place the child with a parent or to make other
suitable placement for the child. When the child is placed in the temporary
custody of the secretary and the child has been subjected to human
trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426,
and amendments thereto, or commercial sexual exploitation of a child, as
defined by K.S.A 21-6422, and amendments thereto, or the child
committed an act which, if committed by an adult, would constitute a
violation of K.S.A. 21-6419, and amendments thereto, the secretary shall
have the discretionary authority to place the child in a staff secure facility,
notwithstanding any other provision of law. When the child is presently
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alleged, but not yet adjudicated to be a child in need of care solely
pursuant to K.S.A. 38-2202(d)(9) or (d)(10), and amendments thereto, the
child may be placed in a secure facility, but the total amount of time that
the child may be held in such facility under this section and K.S.A. 38-
2242, and amendments thereto, shall not exceed 24 hours, excluding
Saturdays, Sundays, legal holidays, and days on which the office of the
clerk of the court is not accessible. The order of temporary custody shall
remain in effect until modified or rescinded by the court or an adjudication
order is entered but not exceeding 60 days, unless good cause is shown
and stated on the record.
(h) If the court issues an order of temporary custody, the court may
also enter an order restraining any alleged perpetrator of physical, sexual,
mental or emotional abuse of the child from residing in the child's home;
visiting, contacting, harassing or intimidating the child; or attempting to
visit, contact, harass or intimidate the child, other family members or
witnesses. Such restraining order shall be served by personal service
pursuant to K.S.A. 38-2237(a), and amendments thereto, on any alleged
perpetrator to whom the order is directed.
(i) (1) The court shall not enter the initial order removing a child from
the custody of a parent pursuant to this section unless the court first finds
probable cause that:
(A) (i) The child is likely to sustain harm if not immediately removed
from the home;
(ii) allowing the child to remain in home is contrary to the welfare of
the child; or
(iii) immediate placement of the child is in the best interest of the
child; and
(B) reasonable efforts have been made to maintain the family unit and
prevent the unnecessary removal of the child from the child's home or that
an emergency exists which threatens the safety to the child.
(2) Such findings shall be included in any order entered by the court.
If the child is placed in the custody of the secretary, upon making the order
the court shall provide the secretary with a written copy.
(j) If the court enters an order of temporary custody that provides for
placement of the child with a person other than the parent, the court shall
make a child support determination pursuant to K.S.A. 38-2277, and
amendments thereto.
(k) If the court enters an order of temporary custody, the court shall
order the secretary to search, identify and notify adult relatives or persons
with whom the child has close emotional ties for future placement
pursuant to section 1, and amendments thereto.
(l) For the purposes of this section, "harassing or intimidating" and
"harass or intimidate" includes, but is not limited to, utilizing any
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electronic tracking system or acquiring tracking information to determine
the targeted person's location, movement or travel patterns.
Sec. 3. K.S.A. 38-2264 is hereby amended to read as follows: 38-
2264. (a) A permanency hearing is a proceeding conducted by the court or
by a citizen review board for the purpose of determining progress toward
accomplishment of a permanency plan as established by K.S.A. 38-2263,
and amendments thereto.
(b) The court or a citizen review board shall hear and the court shall
determine whether and, if applicable, when the child will be:
(1) Reintegrated with the child's parents;
(2) placed for adoption;
(3) placed with a permanent custodian; or
(4) if the child is 16 years of age or older and the secretary has
documented compelling reasons why it would not be in the child's best
interests for a placement in one of the placements pursuant to paragraphs
(1), (2) or (3), placed in another planned permanent living arrangement.
(c) At each permanency hearing, the court shall:
(1) Enter a finding as to whether reasonable efforts have been made
by appropriate public or private agencies to rehabilitate the family and
achieve the permanency goal in place at the time of the hearing;
(2) enter a finding as to whether the reasonable and prudent parenting
standard has been met and whether the child has regular, ongoing
opportunities to engage in age or developmentally appropriate activities.
The secretary shall report to the court the steps the secretary is taking to
ensure that the child's foster family home or child care institution is
following the reasonable and prudent parenting standard and that the child
has regular, ongoing opportunities to engage in age or developmentally
appropriate activities, including consultation with the child in an age-
appropriate manner about the opportunities of the child to participate in the
activities;
(3) if the child is 14 years of age or older, document the efforts made
by the secretary to help the child prepare for the transition from custody to
a successful adulthood. The secretary shall report to the court the programs
and services that are being provided to the child that will help the child
prepare for the transition from custody to a successful adulthood.
(d) The requirements of this subsection shall apply only if the
permanency goal in place at the time of the hearing is another planned
permanent living arrangement as described in subsection (b)(4). At each
permanency hearing held with respect to the child, in addition to the
requirements of subsection (c), the court shall:
(1) Ask the child, if the child is able, by attendance at the hearing or
by report to the court, about the desired permanency outcome for the child;
(2) document the intensive, ongoing and, as of the date of the hearing,
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unsuccessful permanency efforts made and reported by the secretary to
return the child home or secure a placement for the child with a fit and
willing relative, a legal guardian or an adoptive parent. The secretary shall
report to the court the intensive, ongoing and, as of the date of the hearing,
unsuccessful efforts made by the secretary to return the child home or
secure a placement for the child with a fit and willing relative, a legal
guardian or an adoptive parent, including efforts that utilize search
technology, including social media, to find biological family members of
the children pursuant to section 1, and amendments thereto; and
(3) make a judicial determination explaining why, as of the date of
the hearing, another planned permanent living arrangement is the best
permanency plan for the child and provide compelling reasons why it
continues to not be in the best interests of the child to return home, be
placed for adoption, be placed with a legal guardian or be placed with a fit
and willing relative.
(e) The requirements of this subsection shall apply only if the child is
placed in a qualified residential treatment program at the time of the
permanency hearing. At each permanency hearing held with respect to the
child, in addition to the requirements of subsection (c), the court shall
document:
(1) That the ongoing assessment of the strengths and needs of the
child continues to support the determination that the needs of the child
cannot be met through placement in a foster family home, that the
placement in a qualified residential treatment program provides the most
effective and appropriate level of care for the child in the least restrictive
environment, and that the placement is consistent with the short-term and
long-term goals for the child, as specified in the permanency plan for the
child;
(2) the specific treatment or service needs that will be met for the
child in the placement and the length of time the child is expected to need
the treatment or services; and
(3) the efforts made by the secretary to prepare the child to return
home or to be placed with a fit and willing relative, a legal guardian, or an
adoptive parent, or in a foster family home.
(f) A permanency hearing shall be held within 12 months of the date
the court authorized the child's removal from the home and not less
frequently than every 12 months thereafter. If the court makes a finding
that the requirements of subsection (c)(1) or (2) have not been met, a
subsequent permanency hearing shall be held no later than 60 days
following the finding.
(g) If the court determines at any time other than during a
permanency hearing that reintegration may not be a viable alternative for
the child, a permanency hearing shall be held no later than 30 days
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following that determination.
(h) When the court finds that reintegration continues to be a viable
alternative, the court shall determine whether and, if applicable, when the
child will be returned to the parent. The court may rescind any of its prior
dispositional orders and enter any dispositional order authorized by this
code or may order that a new plan for the reintegration be prepared and
submitted to the court. If reintegration cannot be accomplished as
approved by the court, the court shall be informed and shall schedule a
hearing pursuant to this section. No such hearing is required when the
parents voluntarily relinquish parental rights or consent to appointment of
a permanent custodian.
(i) If the court finds reintegration is no longer a viable alternative, the
court shall consider whether: (1) The child is in a stable placement with a
relative; (2) services set out in the case plan necessary for the safe return
of the child have been made available to the parent with whom
reintegration is planned; or (3) compelling reasons are documented in the
case plan to support a finding that neither adoption nor appointment of a
permanent custodian are in the child's best interest. If reintegration is not a
viable alternative and either adoption or appointment of a permanent
custodian might be in the best interests of the child, the county or district
attorney or the county or district attorney's designee shall file a motion to
terminate parental rights or a motion to appoint a permanent custodian
within 30 days and the court shall set a hearing on such motion within 90
days of the filing of such motion.
(j) If the court enters an order terminating parental rights to a child, or
an agency has accepted a relinquishment pursuant to K.S.A. 59-2124, and
amendments thereto, the requirements for permanency hearings shall
continue until an adoption or appointment of a permanent custodian has
been accomplished. If the court determines that reasonable efforts or
progress have not been made toward finding an adoptive placement or
appointment of a permanent custodian or placement with a fit and willing
relative, the court may rescind its prior orders and make others regarding
custody and adoption that are appropriate under the circumstances.
Reports of a proposed adoptive placement need not contain the identity of
the proposed adoptive parents.
(k) If permanency with one parent has been achieved without the
termination of the other parent's rights, the court may, prior to dismissing
the case, enter child custody orders, including residency and parenting
time that the court determines to be in the best interests of the child. The
court shall complete a parenting plan pursuant to K.S.A. 23-3213, and
amendments thereto.
(1) Before entering a custody order under this subsection, the court
shall inquire whether a custody order has been entered or is pending in a
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civil custody case by a court of competent jurisdiction within the state of
Kansas.
(2) If a civil custody case has been filed or is pending, a certified
copy of the custody, residency and parenting time orders shall be filed in
the civil custody case. The court in the civil custody case may, after
consultation with the court in the child in need of care case, enter an order
declaring that the custody order in the child in need of care case shall
become the custody order in the civil custody case.
(3) A district court, on its own motion or upon the motion of any
party, may order the consolidation of the child in need of care case with
any open civil custody case involving the child and both of the child's
parents. Custody, residency and parenting time orders entered in
consolidated child in need of care and civil custody cases take precedence
over any previous orders affecting both parents and the child that were
entered in the civil custody case regarding the same or related issues.
Following entry of a custody order in a consolidated case, the court shall
dismiss the child in need of care case and, if necessary, return the civil
custody case to the original court having jurisdiction over it.
(4) If no civil custody case has been filed, the court may direct the
parties to file a civil custody case and to file the custody orders from the
child in need of care case in that case. Costs of the civil custody case may
be assessed to the parties.
(5) Nothing in this subsection shall operate to expand access to
information that is confidential under K.S.A. 38-2209, and amendments
thereto, and the confidentiality of such information shall be preserved in
all filings in a civil custody case.
(l) When permanency has been achieved to the satisfaction of the
court, the court shall enter an order closing the case.
Sec. 4. K.S.A. 38-2264 and K.S.A. 2023 Supp. 38-2243 are hereby
repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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