KS
Kansas House Bill HB2554

Kansas 2023-2024 Regular Session

Kansas House Bill HB2554 Compare Versions

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11 Session of 2024
22 HOUSE BILL No. 2554
33 By Committee on Child Welfare and Foster Care
44 Requested by John Monroe, The Center for the Rights of Abused Children
55 1-18
66 AN ACT concerning children and minors; relating to the secretary for
77 children and families; directing the secretary to identify relatives of
88 children alleged or adjudicated to be a child in need of care; requiring
99 the secretary to file efforts to find relatives or persons with whom the
1010 child has close emotional ties and send notice to such persons of the
1111 custody of the child; amending K.S.A. 38-2264 and K.S.A. 2023 Supp.
1212 38-2243 and repealing the existing sections.
1313 Be it enacted by the Legislature of the State of Kansas:
1414 New Section 1. (a) When the court issues an order directing who shall
1515 have temporary custody of a child pursuant to K.S.A. 38-2243, and
1616 amendments thereto, the secretary shall search, identify and notify adult
1717 relatives of the child who is the subject of the proceedings or persons with
1818 whom the child has close emotional ties within 30 days of the court order.
1919 (b) The secretary's search to identify adult relatives of the child or
2020 persons with whom the child has close emotional ties shall include:
2121 (1) An interview with the child's parents;
2222 (2) an interview with the child;
2323 (3) interviews with identified adult relatives;
2424 (4) interviews with other persons who are likely to have information
2525 regarding the location of adult relatives of the child or persons with whom
2626 the child has close emotional ties;
2727 (5) inquiries of the parties of the child in need of care proceeding
2828 conducted by the court;
2929 (6) a comprehensive search of databases that include access to:
3030 (A) Employment records;
3131 (B) vehicle registration records;
3232 (C) child support enforcement records;
3333 (D) utility accounts;
3434 (E) previous residential addresses;
3535 (F) law enforcement agency records;
3636 (G) department of corrections records; and
3737 (H) any other records that are likely to result in identifying and
3838 locating adult relatives of the child; and
3939 (7) any other means that are likely to identify adult relatives of the
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7575 child or persons with whom the child has close emotional ties.
7676 (c) Within 30 days of a court order issued pursuant to K.S.A. 38-
7777 2243, and amendments thereto, and at each subsequent hearing for the
7878 child in need of care proceeding, the secretary shall file with the court a
7979 report of such secretary's efforts to comply with subsection (a). The report
8080 shall include:
8181 (1) Whether adult relatives of the child or persons with whom the
8282 child has close emotional ties have accepted or rejected consideration for
8383 the child's placement and any person who has responded to the notice
8484 received pursuant to subsection (d);
8585 (2) the status of the secretary's efforts to consider such relatives and
8686 persons as a placement for the child; and
8787 (3) documentation of unresponsiveness from relatives and persons
8888 who received notice pursuant to subsection (d).
8989 (d)  Unless safety concerns exist that are known to the secretary, the
9090 secretary shall provide notice by certified mail to adult relatives of the
9191 child and persons with whom the child has close emotional ties as
9292 identified according to the requirements of this section. The notice shall
9393 include:
9494 (1) Information that the child has been or is being removed from
9595 parental custody;
9696 (2) options available to an adult relative or a person with whom a
9797 child has close emotional ties for participating in the care or placement of
9898 the child;
9999 (3) information on financial assistance or other forms of support that
100100 are available to whomever the child may be placed;
101101 (4) a description of the process for becoming a licensed foster home
102102 and a list of services and support that are available for children placed in
103103 licensed foster homes;
104104 (5) information for responding to the secretary's notice; and
105105 (6) a statement that failure to respond within 30 days of the date of
106106 the notice may result in the secretary not considering for placement the
107107 adult relative or the person with whom the child has close emotional ties.
108108 An adult relative or a person who fails to respond within 30 days of the
109109 date of the notice and subsequently wishes to become the child's placement
110110 shall show by clear and convincing evidence that a change in placement is
111111 in the best interests of such child.
112112 (e) The secretary shall continue to search for adult relatives of the
113113 child or a person with whom the child has close emotional ties, if ordered
114114 by the court, for up to six months from the order directing who shall have
115115 temporary custody of a child pursuant to K.S.A. 38-2243, and amendments
116116 thereto, or a change in the child's placement.
117117 (f) On the date of a permanency hearing held pursuant to K.S.A. 38-
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161161 2264, and amendments thereto, the secretary shall report to the court the
162162 intensive, ongoing and, as of the date of the hearing, unsuccessful
163163 permanency efforts made by the secretary to return the child home or
164164 secure a placement for the child with a fit and willing relative, a legal
165165 guardian or an adoptive parent.
166166 (g) This section shall be a part of and supplemental the revised
167167 Kansas code for care of children.
168168 Sec. 2. K.S.A. 2023 Supp. 38-2243 is hereby amended to read as
169169 follows: 38-2243. (a) Upon notice and hearing, the court may issue an
170170 order directing who shall have temporary custody and may modify the
171171 order during the pendency of the proceedings as will best serve the child's
172172 welfare.
173173 (b) A hearing pursuant to this section shall be held within 72 hours,
174174 excluding Saturdays, Sundays, legal holidays, and days on which the
175175 office of the clerk of the court is not accessible, following a child having
176176 been taken into protective custody.
177177 (c) Whenever it is determined that a temporary custody hearing is
178178 required, the court shall immediately set the time and place for the hearing.
179179 Notice of a temporary custody hearing shall be given to all parties and
180180 interested parties.
181181 (d) Notice of the temporary custody hearing shall be given at least 24
182182 hours prior to the hearing. The court may continue the hearing to afford the
183183 24 hours prior notice or, with the consent of the party or interested party,
184184 proceed with the hearing at the designated time. If an order of temporary
185185 custody is entered and the parent or other person having custody of the
186186 child has not been notified of the hearing, did not appear or waive
187187 appearance and requests a rehearing, the court shall rehear the matter
188188 without unnecessary delay.
189189 (e) Oral notice may be used for giving notice of a temporary custody
190190 hearing where there is insufficient time to give written notice. Oral notice
191191 is completed upon filing a certificate of oral notice.
192192 (f) The court may enter an order of temporary custody after
193193 determining there is probable cause to believe that the:
194194 (1) Child is dangerous to self or to others;
195195 (2) child is not likely to be available within the jurisdiction of the
196196 court for future proceedings;
197197 (3) health or welfare of the child may be endangered without further
198198 care;
199199 (4) child has been subjected to human trafficking or aggravated
200200 human trafficking, as defined by K.S.A. 21-5426, and amendments
201201 thereto, or commercial sexual exploitation of a child, as defined by K.S.A.
202202 21-6422, and amendments thereto;
203203 (5) child is experiencing a mental health crisis and is in need of
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247247 treatment; or
248248 (6) child committed an act which, if committed by an adult, would
249249 constitute a violation of K.S.A. 21-6419, and amendments thereto.
250250 (g) (1) Whenever the court determines the necessity for an order of
251251 temporary custody the court may place the child in the temporary custody
252252 of:
253253 (A) A parent or other person having custody of the child and may
254254 enter a restraining order pursuant to subsection (h);
255255 (B) a person, other than the parent or other person having custody,
256256 who shall not be required to be licensed under article 5 of chapter 65 of the
257257 Kansas Statutes Annotated, and amendments thereto;
258258 (C) a youth residential facility;
259259 (D) a shelter facility;
260260 (E) a staff secure facility, notwithstanding any other provision of law,
261261 if the child has been subjected to human trafficking or aggravated human
262262 trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or
263263 commercial sexual exploitation of a child, as defined by K.S.A. 21-6422,
264264 and amendments thereto, or the child committed an act which, if
265265 committed by an adult, would constitute a violation of K.S.A. 21-6419,
266266 and amendments thereto;
267267 (F) after written authorization by a community mental health center, a
268268 juvenile crisis intervention center, as described in K.S.A. 65-536, and
269269 amendments thereto; or
270270 (G) the secretary, if the child is 15 years of age or younger, or 16 or
271271 17 years of age if the child has no identifiable parental or family resources
272272 or shows signs of physical, mental, emotional or sexual abuse.
273273 (2) If the secretary presents the court with a plan to provide services
274274 to a child or family which the court finds will assure the safety of the
275275 child, the court may only place the child in the temporary custody of the
276276 secretary until the court finds the services are in place. The court shall
277277 have the authority to require any person or entity agreeing to participate in
278278 the plan to perform as set out in the plan. When the child is placed in the
279279 temporary custody of the secretary, the secretary shall have the
280280 discretionary authority to place the child with a parent or to make other
281281 suitable placement for the child. When the child is placed in the temporary
282282 custody of the secretary and the child has been subjected to human
283283 trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426,
284284 and amendments thereto, or commercial sexual exploitation of a child, as
285285 defined by K.S.A 21-6422, and amendments thereto, or the child
286286 committed an act which, if committed by an adult, would constitute a
287287 violation of K.S.A. 21-6419, and amendments thereto, the secretary shall
288288 have the discretionary authority to place the child in a staff secure facility,
289289 notwithstanding any other provision of law. When the child is presently
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333333 alleged, but not yet adjudicated to be a child in need of care solely
334334 pursuant to K.S.A. 38-2202(d)(9) or (d)(10), and amendments thereto, the
335335 child may be placed in a secure facility, but the total amount of time that
336336 the child may be held in such facility under this section and K.S.A. 38-
337337 2242, and amendments thereto, shall not exceed 24 hours, excluding
338338 Saturdays, Sundays, legal holidays, and days on which the office of the
339339 clerk of the court is not accessible. The order of temporary custody shall
340340 remain in effect until modified or rescinded by the court or an adjudication
341341 order is entered but not exceeding 60 days, unless good cause is shown
342342 and stated on the record.
343343 (h) If the court issues an order of temporary custody, the court may
344344 also enter an order restraining any alleged perpetrator of physical, sexual,
345345 mental or emotional abuse of the child from residing in the child's home;
346346 visiting, contacting, harassing or intimidating the child; or attempting to
347347 visit, contact, harass or intimidate the child, other family members or
348348 witnesses. Such restraining order shall be served by personal service
349349 pursuant to K.S.A. 38-2237(a), and amendments thereto, on any alleged
350350 perpetrator to whom the order is directed.
351351 (i) (1) The court shall not enter the initial order removing a child from
352352 the custody of a parent pursuant to this section unless the court first finds
353353 probable cause that:
354354 (A) (i) The child is likely to sustain harm if not immediately removed
355355 from the home;
356356 (ii) allowing the child to remain in home is contrary to the welfare of
357357 the child; or
358358 (iii) immediate placement of the child is in the best interest of the
359359 child; and
360360 (B) reasonable efforts have been made to maintain the family unit and
361361 prevent the unnecessary removal of the child from the child's home or that
362362 an emergency exists which threatens the safety to the child.
363363 (2) Such findings shall be included in any order entered by the court.
364364 If the child is placed in the custody of the secretary, upon making the order
365365 the court shall provide the secretary with a written copy.
366366 (j) If the court enters an order of temporary custody that provides for
367367 placement of the child with a person other than the parent, the court shall
368368 make a child support determination pursuant to K.S.A. 38-2277, and
369369 amendments thereto.
370370 (k) If the court enters an order of temporary custody, the court shall
371371 order the secretary to search, identify and notify adult relatives or persons
372372 with whom the child has close emotional ties for future placement
373373 pursuant to section 1, and amendments thereto.
374374 (l) For the purposes of this section, "harassing or intimidating" and
375375 "harass or intimidate" includes, but is not limited to, utilizing any
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419419 electronic tracking system or acquiring tracking information to determine
420420 the targeted person's location, movement or travel patterns.
421421 Sec. 3. K.S.A. 38-2264 is hereby amended to read as follows: 38-
422422 2264. (a) A permanency hearing is a proceeding conducted by the court or
423423 by a citizen review board for the purpose of determining progress toward
424424 accomplishment of a permanency plan as established by K.S.A. 38-2263,
425425 and amendments thereto.
426426 (b) The court or a citizen review board shall hear and the court shall
427427 determine whether and, if applicable, when the child will be:
428428 (1) Reintegrated with the child's parents;
429429 (2) placed for adoption;
430430 (3) placed with a permanent custodian; or
431431 (4) if the child is 16 years of age or older and the secretary has
432432 documented compelling reasons why it would not be in the child's best
433433 interests for a placement in one of the placements pursuant to paragraphs
434434 (1), (2) or (3), placed in another planned permanent living arrangement.
435435 (c) At each permanency hearing, the court shall:
436436 (1) Enter a finding as to whether reasonable efforts have been made
437437 by appropriate public or private agencies to rehabilitate the family and
438438 achieve the permanency goal in place at the time of the hearing;
439439 (2) enter a finding as to whether the reasonable and prudent parenting
440440 standard has been met and whether the child has regular, ongoing
441441 opportunities to engage in age or developmentally appropriate activities.
442442 The secretary shall report to the court the steps the secretary is taking to
443443 ensure that the child's foster family home or child care institution is
444444 following the reasonable and prudent parenting standard and that the child
445445 has regular, ongoing opportunities to engage in age or developmentally
446446 appropriate activities, including consultation with the child in an age-
447447 appropriate manner about the opportunities of the child to participate in the
448448 activities;
449449 (3) if the child is 14 years of age or older, document the efforts made
450450 by the secretary to help the child prepare for the transition from custody to
451451 a successful adulthood. The secretary shall report to the court the programs
452452 and services that are being provided to the child that will help the child
453453 prepare for the transition from custody to a successful adulthood.
454454 (d) The requirements of this subsection shall apply only if the
455455 permanency goal in place at the time of the hearing is another planned
456456 permanent living arrangement as described in subsection (b)(4). At each
457457 permanency hearing held with respect to the child, in addition to the
458458 requirements of subsection (c), the court shall:
459459 (1) Ask the child, if the child is able, by attendance at the hearing or
460460 by report to the court, about the desired permanency outcome for the child;
461461 (2) document the intensive, ongoing and, as of the date of the hearing,
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505505 unsuccessful permanency efforts made and reported by the secretary to
506506 return the child home or secure a placement for the child with a fit and
507507 willing relative, a legal guardian or an adoptive parent. The secretary shall
508508 report to the court the intensive, ongoing and, as of the date of the hearing,
509509 unsuccessful efforts made by the secretary to return the child home or
510510 secure a placement for the child with a fit and willing relative, a legal
511511 guardian or an adoptive parent, including efforts that utilize search
512512 technology, including social media, to find biological family members of
513513 the children pursuant to section 1, and amendments thereto; and
514514 (3) make a judicial determination explaining why, as of the date of
515515 the hearing, another planned permanent living arrangement is the best
516516 permanency plan for the child and provide compelling reasons why it
517517 continues to not be in the best interests of the child to return home, be
518518 placed for adoption, be placed with a legal guardian or be placed with a fit
519519 and willing relative.
520520 (e) The requirements of this subsection shall apply only if the child is
521521 placed in a qualified residential treatment program at the time of the
522522 permanency hearing. At each permanency hearing held with respect to the
523523 child, in addition to the requirements of subsection (c), the court shall
524524 document:
525525 (1) That the ongoing assessment of the strengths and needs of the
526526 child continues to support the determination that the needs of the child
527527 cannot be met through placement in a foster family home, that the
528528 placement in a qualified residential treatment program provides the most
529529 effective and appropriate level of care for the child in the least restrictive
530530 environment, and that the placement is consistent with the short-term and
531531 long-term goals for the child, as specified in the permanency plan for the
532532 child;
533533 (2) the specific treatment or service needs that will be met for the
534534 child in the placement and the length of time the child is expected to need
535535 the treatment or services; and
536536 (3) the efforts made by the secretary to prepare the child to return
537537 home or to be placed with a fit and willing relative, a legal guardian, or an
538538 adoptive parent, or in a foster family home.
539539 (f) A permanency hearing shall be held within 12 months of the date
540540 the court authorized the child's removal from the home and not less
541541 frequently than every 12 months thereafter. If the court makes a finding
542542 that the requirements of subsection (c)(1) or (2) have not been met, a
543543 subsequent permanency hearing shall be held no later than 60 days
544544 following the finding.
545545 (g) If the court determines at any time other than during a
546546 permanency hearing that reintegration may not be a viable alternative for
547547 the child, a permanency hearing shall be held no later than 30 days
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591591 following that determination.
592592 (h) When the court finds that reintegration continues to be a viable
593593 alternative, the court shall determine whether and, if applicable, when the
594594 child will be returned to the parent. The court may rescind any of its prior
595595 dispositional orders and enter any dispositional order authorized by this
596596 code or may order that a new plan for the reintegration be prepared and
597597 submitted to the court. If reintegration cannot be accomplished as
598598 approved by the court, the court shall be informed and shall schedule a
599599 hearing pursuant to this section. No such hearing is required when the
600600 parents voluntarily relinquish parental rights or consent to appointment of
601601 a permanent custodian.
602602 (i) If the court finds reintegration is no longer a viable alternative, the
603603 court shall consider whether: (1) The child is in a stable placement with a
604604 relative; (2) services set out in the case plan necessary for the safe return
605605 of the child have been made available to the parent with whom
606606 reintegration is planned; or (3) compelling reasons are documented in the
607607 case plan to support a finding that neither adoption nor appointment of a
608608 permanent custodian are in the child's best interest. If reintegration is not a
609609 viable alternative and either adoption or appointment of a permanent
610610 custodian might be in the best interests of the child, the county or district
611611 attorney or the county or district attorney's designee shall file a motion to
612612 terminate parental rights or a motion to appoint a permanent custodian
613613 within 30 days and the court shall set a hearing on such motion within 90
614614 days of the filing of such motion.
615615 (j) If the court enters an order terminating parental rights to a child, or
616616 an agency has accepted a relinquishment pursuant to K.S.A. 59-2124, and
617617 amendments thereto, the requirements for permanency hearings shall
618618 continue until an adoption or appointment of a permanent custodian has
619619 been accomplished. If the court determines that reasonable efforts or
620620 progress have not been made toward finding an adoptive placement or
621621 appointment of a permanent custodian or placement with a fit and willing
622622 relative, the court may rescind its prior orders and make others regarding
623623 custody and adoption that are appropriate under the circumstances.
624624 Reports of a proposed adoptive placement need not contain the identity of
625625 the proposed adoptive parents.
626626 (k) If permanency with one parent has been achieved without the
627627 termination of the other parent's rights, the court may, prior to dismissing
628628 the case, enter child custody orders, including residency and parenting
629629 time that the court determines to be in the best interests of the child. The
630630 court shall complete a parenting plan pursuant to K.S.A. 23-3213, and
631631 amendments thereto.
632632 (1) Before entering a custody order under this subsection, the court
633633 shall inquire whether a custody order has been entered or is pending in a
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677677 civil custody case by a court of competent jurisdiction within the state of
678678 Kansas.
679679 (2) If a civil custody case has been filed or is pending, a certified
680680 copy of the custody, residency and parenting time orders shall be filed in
681681 the civil custody case. The court in the civil custody case may, after
682682 consultation with the court in the child in need of care case, enter an order
683683 declaring that the custody order in the child in need of care case shall
684684 become the custody order in the civil custody case.
685685 (3) A district court, on its own motion or upon the motion of any
686686 party, may order the consolidation of the child in need of care case with
687687 any open civil custody case involving the child and both of the child's
688688 parents. Custody, residency and parenting time orders entered in
689689 consolidated child in need of care and civil custody cases take precedence
690690 over any previous orders affecting both parents and the child that were
691691 entered in the civil custody case regarding the same or related issues.
692692 Following entry of a custody order in a consolidated case, the court shall
693693 dismiss the child in need of care case and, if necessary, return the civil
694694 custody case to the original court having jurisdiction over it.
695695 (4) If no civil custody case has been filed, the court may direct the
696696 parties to file a civil custody case and to file the custody orders from the
697697 child in need of care case in that case. Costs of the civil custody case may
698698 be assessed to the parties.
699699 (5) Nothing in this subsection shall operate to expand access to
700700 information that is confidential under K.S.A. 38-2209, and amendments
701701 thereto, and the confidentiality of such information shall be preserved in
702702 all filings in a civil custody case.
703703 (l) When permanency has been achieved to the satisfaction of the
704704 court, the court shall enter an order closing the case.
705705 Sec. 4. K.S.A. 38-2264 and K.S.A. 2023 Supp. 38-2243 are hereby
706706 repealed.
707707 Sec. 5. This act shall take effect and be in force from and after its
708708 publication in the statute book.
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