Kansas 2023-2024 Regular Session

Kansas House Bill HB2580 Compare Versions

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

Old	New	Differences
1	1	Session of 2024
2	2	HOUSE BILL No. 2580
3	3	By Committee on Child Welfare and Foster Care
4	4	Requested by Laura Howard on behalf of the Kansas Department for Children and
5	5	Families
6	6	1-24
7	7	AN ACT concerning children and minors; relating to the revised Kansas
8	8	code for care of children; providing authority for a court or a guardian
9	9	to consent to mental, emotional or behavioral health screening and
10	10	treatment of a child alleged or adjudicated to be a child in need of care;
11	11	granting immunity to providers who provide such screening and
12	12	treatment in good faith; defining behavioral health treatment; amending
13	13	K.S.A. 38-2217 and K.S.A. 2023 Supp. 38-2202 and repealing the
14	14	existing sections; also repealing K.S.A. 2023 Supp. 38-2202a.
15	15	Be it enacted by the Legislature of the State of Kansas:
16	16	Section 1. K.S.A. 2023 Supp. 38-2202 is hereby amended to read as
17	17	follows: 38-2202. As used in the revised Kansas code for care of children,
18	18	unless the context otherwise indicates:
19	19	(a) "Abandon" or "abandonment" means to forsake, desert or, without
20	20	making appropriate provision for substitute care, cease providing care for
21	21	the child.
22	22	(b) "Adult correction facility" means any public or private facility,
23	23	secure or nonsecure, that is used for the lawful custody of accused or
24	24	convicted adult criminal offenders.
25	25	(c) "Aggravated circumstances" means the abandonment, torture,
26	26	chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
27	27	(d) "Child in need of care" means a person less than 18 years of age
28	28	at the time of filing of the petition or issuance of an ex parte protective
29	29	custody order pursuant to K.S.A. 38-2242, and amendments thereto, who:
30	30	(1) Is without adequate parental care, control or subsistence and the
31	31	condition is not due solely to the lack of financial means of the child's
32	32	parents or other custodian;
33	33	(2) is without the care or control necessary for the child's physical,
34	34	mental or emotional health;
35	35	(3) has been physically, mentally or emotionally abused or neglected
36	36	or sexually abused;
37	37	(4) has been placed for care or adoption in violation of law;
38	38	(5) has been abandoned or does not have a known living parent;
39	39	(6) is not attending school as required by K.S.A. 72-3421 or 72-3120,
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74	74	and amendments thereto;
75	75	(7) except in the case of a violation of K.S.A. 41-727, 74-8810(j), 79-
76	76	3321(m) or (n), or K.S.A. 21-6301(a)(14), and amendments thereto, or,
77	77	except as provided in paragraph (12), does an act which, when committed
78	78	by a person under 18 years of age, is prohibited by state law, city
79	79	ordinance or county resolution, but which is not prohibited when done by
80	80	an adult;
81	81	(8) while less than 10 years of age, commits any act that if done by an
82	82	adult would constitute the commission of a felony or misdemeanor as
83	83	defined by K.S.A. 21-5102, and amendments thereto;
84	84	(9) is willfully and voluntarily absent from the child's home without
85	85	the consent of the child's parent or other custodian;
86	86	(10) is willfully and voluntarily absent at least a second time from a
87	87	court ordered or designated placement, or a placement pursuant to court
88	88	order, if the absence is without the consent of the person with whom the
89	89	child is placed or, if the child is placed in a facility, without the consent of
90	90	the person in charge of such facility or such person's designee;
91	91	(11) has been residing in the same residence with a sibling or another
92	92	person under 18 years of age, who has been physically, mentally or
93	93	emotionally abused or neglected, or sexually abused;
94	94	(12) while less than 10 years of age commits the offense defined in
95	95	K.S.A. 21-6301(a)(14), and amendments thereto;
96	96	(13) has had a permanent custodian appointed and the permanent
97	97	custodian is no longer able or willing to serve; or
98	98	(14) has been subjected to an act that would constitute human
99	99	trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426,
100	100	and amendments thereto, or commercial sexual exploitation of a child, as
101	101	defined by K.S.A. 21-6422, and amendments thereto, or has committed an
102	102	act which, if committed by an adult, would constitute selling sexual
103	103	relations, as defined by K.S.A. 21-6419, and amendments thereto.
104	104	(e) "Child abuse medical resource center" means a medical institution
105	105	affiliated with an accredited children's hospital or a recognized institution
106	106	of higher education that has an accredited medical school program with
107	107	board-certified child abuse pediatricians who provide training, support,
108	108	mentoring and peer review to CARE providers on CARE exams.
109	109	(f) "Child abuse review and evaluation exam" or "CARE exam"
110	110	means a forensic medical evaluation of a child alleged to be a victim of
111	111	abuse or neglect conducted by a CARE provider.
112	112	(g) "Child abuse review and evaluation network" or "CARE network"
113	113	means a network of CARE providers, child abuse medical resource centers
114	114	and any medical provider associated with a child advocacy center that has
115	115	the ability to conduct a CARE exam that collaborate to improve services
116	116	provided to a child alleged to be a victim of abuse or neglect.
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160	160	(h) "Child abuse review and evaluation provider" or "CARE
161	161	provider" means a person licensed to practice medicine and surgery,
162	162	advanced practice registered nurse or licensed physician assistant who
163	163	performs CARE exams of and provides medical diagnosis and treatment to
164	164	a child alleged to be a victim of abuse or neglect and who receives:
165	165	(1) Kansas-based initial intensive training regarding child
166	166	maltreatment from the CARE network;
167	167	(2) continuous trainings on child maltreatment from the CARE
168	168	network; and
169	169	(3) peer review and new provider mentoring regarding medical
170	170	evaluations from a child abuse medical resource center.
171	171	(i) "Child abuse review and evaluation referral" or "CARE referral"
172	172	means a brief written review of allegations of physical abuse, emotional
173	173	abuse, medical neglect or physical neglect submitted by the secretary or
174	174	law enforcement agency to a child abuse medical resource center for a
175	175	recommendation of such child's need for medical care that may include a
176	176	CARE exam.
177	177	(j) "Citizen review board" is a group of community volunteers
178	178	appointed by the court and whose duties are prescribed by K.S.A. 38-2207
179	179	and 38-2208, and amendments thereto.
180	180	(k) "Civil custody case" includes any case filed under chapter 23 of
181	181	the Kansas Statutes Annotated, and amendments thereto, the Kansas
182	182	family law code, article 11 of chapter 38 of the Kansas Statutes Annotated,
183	183	and amendments thereto, determination of parentage, article 21 of chapter
184	184	59 of the Kansas Statutes Annotated, and amendments thereto, adoption
185	185	and relinquishment act, or article 30 of chapter 59 of the Kansas Statutes
186	186	Annotated, and amendments thereto, guardians and conservators.
187	187	(l) "Court-appointed special advocate" means a responsible adult
188	188	other than an attorney guardian ad litem who is appointed by the court to
189	189	represent the best interests of a child, as provided in K.S.A. 38-2206, and
190	190	amendments thereto, in a proceeding pursuant to this code.
191	191	(m) "Custody" whether temporary, protective or legal, means the
192	192	status created by court order or statute that vests in a custodian, whether an
193	193	individual or an agency, the right to physical possession of the child and
194	194	the right to determine placement of the child, subject to restrictions placed
195	195	by the court.
196	196	(n) "Extended out of home placement" means a child has been in the
197	197	custody of the secretary and placed with neither parent for 15 of the most
198	198	recent 22 months beginning 60 days after the date at which a child in the
199	199	custody of the secretary was removed from the child's home.
200	200	(o) "Educational institution" means all schools at the elementary and
201	201	secondary levels.
202	202	(p) "Educator" means any administrator, teacher or other professional
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246	246	or paraprofessional employee of an educational institution who has
247	247	exposure to a pupil specified in K.S.A. 72-6143(a), and amendments
248	248	thereto.
249	249	(q) "Harm" means physical or psychological injury or damage.
250	250	(r) "Interested party" means the grandparent of the child, a person
251	251	with whom the child has been living for a significant period of time when
252	252	the child in need of care petition is filed, and any person made an
253	253	interested party by the court pursuant to K.S.A. 38-2241, and amendments
254	254	thereto, or Indian tribe seeking to intervene that is not a party.
255	255	(s) "Jail" means:
256	256	(1) An adult jail or lockup; or
257	257	(2) a facility in the same building or on the same grounds as an adult
258	258	jail or lockup, unless the facility meets all applicable standards and
259	259	licensure requirements under law and there is: (A) Total separation of the
260	260	juvenile and adult facility spatial areas such that there could be no
261	261	haphazard or accidental contact between juvenile and adult residents in the
262	262	respective facilities; (B) total separation in all juvenile and adult program
263	263	activities within the facilities, including recreation, education, counseling,
264	264	health care, dining, sleeping and general living activities; and (C) separate
265	265	juvenile and adult staff, including management, security staff and direct
266	266	care staff such as recreational, educational and counseling.
267	267	(t) "Juvenile detention facility" means any secure public or private
268	268	facility used for the lawful custody of accused or adjudicated juvenile
269	269	offenders that must not be a jail.
270	270	(u) "Juvenile intake and assessment worker" means a responsible
271	271	adult authorized to perform intake and assessment services as part of the
272	272	intake and assessment system established pursuant to K.S.A. 75-7023, and
273	273	amendments thereto.
274	274	(v) "Kinship care placement" means the placement of a child in the
275	275	home of an adult with whom the child or the child's parent already has
276	276	close emotional ties.
277	277	(w) "Kinship caregiver" means an adult who the secretary has
278	278	selected for placement for a child in need of care with whom the child or
279	279	the child's parent already has close emotional ties.
280	280	(x) "Law enforcement officer" means any person who by virtue of
281	281	office or public employment is vested by law with a duty to maintain
282	282	public order or to make arrests for crimes, whether that duty extends to all
283	283	crimes or is limited to specific crimes.
284	284	(y) "Multidisciplinary team" means a group of persons, appointed by
285	285	the court under K.S.A. 38-2228, and amendments thereto, that has
286	286	knowledge of the circumstances of a child in need of care.
287	287	(z) "Neglect" means acts or omissions by a parent, guardian or person
288	288	responsible for the care of a child resulting in harm to a child, or
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332	332	presenting a likelihood of harm, and the acts or omissions are not due
333	333	solely to the lack of financial means of the child's parents or other
334	334	custodian. Neglect may include, but shall not be limited to:
335	335	(1) Failure to provide the child with food, clothing or shelter
336	336	necessary to sustain the life or health of the child;
337	337	(2) failure to provide adequate supervision of a child or to remove a
338	338	child from a situation that requires judgment or actions beyond the child's
339	339	level of maturity, physical condition or mental abilities and that results in
340	340	bodily injury or a likelihood of harm to the child; or
341	341	(3) failure to use resources available to treat a diagnosed medical
342	342	condition if such treatment will make a child substantially more
343	343	comfortable, reduce pain and suffering, or correct or substantially diminish
344	344	a crippling condition from worsening. A parent legitimately practicing
345	345	religious beliefs who does not provide specified medical treatment for a
346	346	child because of religious beliefs shall, not for that reason, be considered a
347	347	negligent parent; however, this exception shall not preclude a court from
348	348	entering an order pursuant to K.S.A. 38-2217(a)(2), and amendments
349	349	thereto.
350	350	(aa) "Parent" when used in relation to a child or children, includes a
351	351	guardian and every person who is by law liable to maintain, care for or
352	352	support the child.
353	353	(bb) "Party" means the state, the petitioner, the child, any parent of
354	354	the child and an Indian child's tribe intervening pursuant to the Indian
355	355	child welfare act.
356	356	(cc) "Permanency goal" means the outcome of the permanency
357	357	planning process, which may be reintegration, adoption, appointment of a
358	358	permanent custodian or another planned permanent living arrangement.
359	359	(dd) "Permanent custodian" means a judicially approved permanent
360	360	guardian of a child pursuant to K.S.A. 38-2272, and amendments thereto.
361	361	(ee) "Physical, mental or emotional abuse" means the infliction of
362	362	physical, mental or emotional harm or the causing of a deterioration of a
363	363	child and may include, but shall not be limited to, maltreatment or
364	364	exploiting a child to the extent that the child's health or emotional well-
365	365	being is endangered.
366	366	(ff) "Placement" means the designation by the individual or agency
367	367	having custody of where and with whom the child will live.
368	368	(gg) "Qualified residential treatment program" means a program
369	369	designated by the secretary for children and families as a qualified
370	370	residential treatment program pursuant to federal law.
371	371	(hh) "Reasonable and prudent parenting standard" means the standard
372	372	characterized by careful and sensible parental decisions that maintain the
373	373	health, safety and best interests of a child while at the same time
374	374	encouraging the emotional and developmental growth of the child, that a
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418	418	caregiver shall use when determining whether to allow a child in foster
419	419	care under the responsibility of the state to participate in extracurricular,
420	420	enrichment, cultural and social activities.
421	421	(ii) "Relative" means a person related by blood, marriage or adoption.
422	422	(jj) "Runaway" means a child who is willfully and voluntarily absent
423	423	from the child's home without the consent of the child's parent or other
424	424	custodian.
425	425	(kk) "Secretary" means the secretary for children and families or the
426	426	secretary's designee.
427	427	(ll) "Secure facility" means a facility, other than a staff secure facility
428	428	or juvenile detention facility, that is operated or structured so as to ensure
429	429	that all entrances and exits from the facility are under the exclusive control
430	430	of the staff of the facility, whether or not the person being detained has
431	431	freedom of movement within the perimeters of the facility, or that relies on
432	432	locked rooms and buildings, fences or physical restraint in order to control
433	433	behavior of its residents. No secure facility shall be in a city or county jail.
434	434	(mm) "Sexual abuse" means any contact or interaction with a child in
435	435	which the child is being used for the sexual stimulation of the perpetrator,
436	436	the child or another person. Sexual abuse shall include, but is not limited
437	437	to, allowing, permitting or encouraging a child to:
438	438	(1) Be photographed, filmed or depicted in pornographic material; or
439	439	(2) be subjected to aggravated human trafficking, as defined in
440	440	K.S.A. 21-5426(b), and amendments thereto, if committed in whole or in
441	441	part for the purpose of the sexual gratification of the offender or another,
442	442	or be subjected to an act that would constitute conduct proscribed by
443	443	article 55 of chapter 21 of the Kansas Statutes Annotated or K.S.A. 21-
444	444	6419 or 21-6422, and amendments thereto.
445	445	(nn) "Shelter facility" means any public or private facility or home,
446	446	other than a juvenile detention facility or staff secure facility, that may be
447	447	used in accordance with this code for the purpose of providing either
448	448	temporary placement for children in need of care prior to the issuance of a
449	449	dispositional order or longer term care under a dispositional order.
450	450	(oo) "Staff secure facility" means a facility described in K.S.A. 65-
451	451	535, and amendments thereto: (1) That does not include construction
452	452	features designed to physically restrict the movements and activities of
453	453	juvenile residents who are placed therein; (2) that may establish reasonable
454	454	rules restricting entrance to and egress from the facility; and (3) in which
455	455	the movements and activities of individual juvenile residents may, for
456	456	treatment purposes, be restricted or subject to control through the use of
457	457	intensive staff supervision. No staff secure facility shall be in a city or
458	458	county jail.
459	459	(pp) "Transition plan" means, when used in relation to a youth in the
460	460	custody of the secretary, an individualized strategy for the provision of
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504	504	medical, mental health, education, employment and housing supports as
505	505	needed for the adult and, if applicable, for any minor child of the adult, to
506	506	live independently and specifically provides for the supports and any
507	507	services for which an adult with a disability is eligible including, but not
508	508	limited to, funding for home and community based services waivers.
509	509	(qq) "Youth residential facility" means any home, foster home or
510	510	structure that provides 24-hour-a-day care for children and that is licensed
511	511	pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and
512	512	amendments thereto.
513	513	(rr) "Behavioral health crisis" means behavioral and conduct issues
514	514	that impact the safety or health of a child, members of the child's
515	515	household or family or members of the community, including, but not
516	516	limited to, non-life threatening mental health and substance abuse
517	517	concerns.
518	518	(ss) "Behavioral health treatment" means any service intended to
519	519	promote the mental health of a child alleged or adjudicated to be a child
520	520	in need of care and rendered by a qualified professional, licensed or
521	521	certified by the state to provide such service as an independent
522	522	practitioner or under the supervision of such practitioner and the broad
523	523	range of emergency intermediate and inpatient services and care,
524	524	including, but not limited to, diagnostic evaluation, medical, psychiatric,
525	525	psychological and social service care, vocational rehabilitation and
526	526	career counseling, which may be extended to persons with an alcohol or
527	527	substance abuse problem.
528	528	Sec. 2. K.S.A. 38-2217 is hereby amended to read as follows: 38-
529	529	2217. (a) Physical or, mental care, emotional or behavioral health
530	530	screening and treatment. (1) When a child less than 18 years of age is
531	531	alleged to have been physically, mentally or emotionally abused or
532	532	neglected or sexually abused, no consent shall be required to medically
533	533	examine the child to determine whether the child has been abused or
534	534	neglected. Unless the child is alleged or suspected to have been abused by
535	535	the parent or guardian, the investigating officer shall notify or attempt to
536	536	notify the parent or guardian of the medical examination of the child.
537	537	(2) When the health or condition of a child who is subject to
538	538	jurisdiction of the court requires it, the court may consent to the
539	539	performing and furnishing of hospital, medical, surgical or dental
540	540	treatment or procedures, mental, emotional or behavioral health screening
541	541	and treatment, including the release and inspection of medical or dental
542	542	and mental, emotional or behavioral health records. A child, or parent of
543	543	any child, who is opposed to certain medical procedures or mental,
544	544	emotional or behavioral health screening and treatment authorized by this
545	545	subsection may request an opportunity for a hearing thereon before the
546	546	court. Subsequent to the hearing, the court may limit the performance of
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590	590	matters provided for in this subsection or may authorize the performance
591	591	of those matters subject to terms and conditions the court considers proper.
592	592	(3) The custodian or agent of the custodian is the personal
593	593	representative for the purpose of consenting to disclosure of otherwise
594	594	protected health information and may give consent to the following:
595	595	(A) Dental treatment for the child by a licensed dentist;
596	596	(B) diagnostic examinations of the child, including but not limited to
597	597	the withdrawal of blood or other body fluids, x-rays and other laboratory
598	598	examinations;
599	599	(C) releases and inspections of the child's medical history records;
600	600	(D) immunizations for the child;
601	601	(E) administration of lawfully prescribed drugs to the child;
602	602	(F) examinations of the child including, but not limited to, the
603	603	withdrawal of blood or other body fluids or tissues for the purpose of
604	604	determining the child's parentage; and
605	605	(G) subject to limitations in K.S.A. 59-3075(e)(4), (5) and (6), and
606	606	amendments thereto, medical or surgical care determined by a physician to
607	607	be necessary for the welfare of such child, if the parents are not available
608	608	or refuse to consent; and
609	609	(H) mental, emotional or behavioral health screening and treatment
610	610	of such child, other than inpatient treatment at a state psychiatric hospital,
611	611	including the release and inspection of medical or hospital records, the
612	612	court considers proper subject to limitations in K.S.A. 59-3075(e)(4), (5)
613	613	and (6), and amendments thereto.
614	614	(4) When the court has adjudicated a child to be in need of care, the
615	615	custodian or an agent designated by the custodian is the personal
616	616	representative for the purpose of consenting to disclosure of otherwise
617	617	protected health information and shall have authority to consent to the
618	618	performance and furnishing of hospital, medical, surgical or dental
619	619	treatment or procedures or mental care or, emotional or behavioral health
620	620	screening and treatment other than inpatient treatment at a state psychiatric
621	621	hospital, including the release and inspection of medical or hospital
622	622	records, subject to terms and conditions the court considers proper and
623	623	subject to the limitations of K.S.A. 59-3075 (e)(4), (5) and (6), and
624	624	amendments thereto.
625	625	(5) Any health care provider who in good faith renders hospital,
626	626	medical, surgical, mental, emotional, or behavioral health or dental care or
627	627	treatment to any child or discloses protected health information as
628	628	authorized by this section shall not be liable in any civil or criminal action
629	629	for failure to obtain consent of a parent.
630	630	(6) Nothing in this section shall be construed to mean that any person
631	631	shall be relieved of legal responsibility to provide care and support for a
632	632	child.
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676	676	(b) Care and treatment requiring court action. If it is brought to the
677	677	court's attention, while the court is exercising jurisdiction over the person
678	678	of a child under this code, that the child may be a mentally ill person as
679	679	defined in K.S.A. 59-2946, and amendments thereto, or a person with an
680	680	alcohol or substance abuse problem as defined in K.S.A. 59-29b46, and
681	681	amendments thereto, the court may:
682	682	(1) Direct or authorize the county or district attorney or the person
683	683	supplying the information to file the petition provided for in K.S.A. 59-
684	684	2957, and amendments thereto, and proceed to hear and determine the
685	685	issues raised by the application as provided in the care and treatment act
686	686	for mentally ill persons or the petition provided for in K.S.A. 59-29b57,
687	687	and amendments thereto, and proceed to hear and determine the issues
688	688	raised by the application as provided in the care and treatment act for
689	689	persons with an alcohol or substance abuse problem; or
690	690	(2) authorize that the child seek voluntary admission to a treatment
691	691	facility as provided in K.S.A. 59-2949, and amendments thereto, or K.S.A.
692	692	59-29b49, and amendments thereto.
693	693	The application to determine whether the child is a mentally ill person
694	694	or a person with an alcohol or substance abuse problem may be filed in the
695	695	same proceedings as the petition alleging the child to be a child in need of
696	696	care, or may be brought in separate proceedings. In either event, the court
697	697	may enter an order staying any further proceedings under this code until
698	698	all proceedings have been concluded under the care and treatment act for
699	699	mentally ill persons or the care and treatment act for persons with an
700	700	alcohol or substance abuse problem.
701	701	Sec. 3. K.S.A. 38-2217 and K.S.A. 2023 Supp. 38-2202 and 38-
702	702	2202a are hereby repealed.
703	703	Sec. 4. This act shall take effect and be in force from and after its
704	704	publication in the statute book.
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