Session of 2024
HOUSE BILL No. 2581
By Committee on Child Welfare and Foster Care
Requested by Laura Howard on behalf of the Kansas Department for Children and
Families
1-24
AN ACT concerning the secretary for children and families; relating to
child support payments; eliminating the requirement that the court
order child support to be paid to the secretary when custody of the child
is awarded to the secretary and the requirement that child support
payment requests shall be made in a child in need of care petition;
amending K.S.A. 38-2234 and K.S.A. 2023 Supp. 38-2255 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 38-2234 is hereby amended to read as follows: 38-
2234. (a) Filing and contents of petition. (1) A petition filed to commence
an action pursuant to this code shall be filed with the clerk of the district
court and shall state, if known:
(A) The name, date of birth and residence address of the child;
(B) the name and residence address of the child's parents;
(C) the name and address of the child's nearest known relative if no
parent can be found;
(D) the name and residence address of any persons having custody or
control of the child; and
(E) plainly and concisely in the language of the statutory definition,
the basis for the petition.
(2) The petition shall also state the specific facts that are relied upon
to support the allegation referred to in the preceding paragraph including
any known dates, times and locations.
(3) The proceedings shall be entitled: "In the Interest of
______________."
(4) The petition shall contain a request that the court find the child to
be a child in need of care.
(5) The petition shall contain a request that the parent or parents be
ordered to pay child support. The request for child support may be omitted
with respect to a parent already ordered to pay child support for the child
and shall be omitted with respect to one or both parents upon written
request of the secretary.
(6) If the petition requests custody of the child to the secretary or a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34 HB 2581 2
person other than the child's parent, the petition shall specify the efforts
known to the petitioner to have been made to maintain the family and
prevent the transfer of custody, or it shall specify the facts demonstrating
that an emergency exists which that threatens the safety to of the child.
(7)(6) If the petition requests removal of the child from the child's
home, in addition to the information required by K.S.A. 38-2234(a)(6),
and amendments thereto, the petition shall specify the facts demonstrating
that allowing the child to remain in the home would be contrary to the
welfare of the child or that placement is in the best interests of the child
and the child is likely to sustain harm if not removed from the home.
(8)(7) The petition shall have an attached copy of the prevention plan,
if any, that has been prepared for the child.
(9)(8) The petition shall contain the following statement: "If you do
not appear in court the court will be making decisions without your input
which that could result in:
(A) The permanent or temporary removal of the child from the
custody of the parent or present legal guardian;
(B) an order requiring one or both parents to pay child support until
the permanent termination of one or both of the parents' parental rights;
(C) the permanent termination of one or both of the parents' parental
rights; and
(D) the appointment of a permanent custodian for the child.
If you cannot attend the hearing you may send a written response to the
petition to the clerk of the court."
(10)(9) The petition shall contain the following statement: "You may
receive further notices of other hearings, proceedings and actions in this
case which you may attend. These notices will be sent to you by first class
mail to your last known address or an address you provide to the court. It
is your responsibility to keep the court informed of your current address."
(b) Motions. Motions may be made orally or in writing. The motion
shall state with particularity the grounds for the motion and shall state the
relief or order sought.
Sec. 2. K.S.A. 2023 Supp. 38-2255 is hereby amended to read as
follows: 38-2255. (a) Considerations. Prior to entering an order of
disposition, the court shall give consideration to:
(1) The child's physical, mental and emotional condition;
(2) the child's need for assistance;
(3) the manner in by which the parent participated in the abuse,
neglect or abandonment of the child;
(4) any relevant information from the intake and assessment process;
and
(5) the evidence received at the dispositional hearing.
(b) Custody with a parent. The court may place the child in the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2581 3
custody of either of the child's parents subject to terms and conditions
which that the court prescribes to assure the proper care and protection of
the child, including, but not limited to:
(1) Supervision of the child and the parent by a court services officer;
(2) participation by the child and the parent in available programs
operated by an appropriate individual or agency; and
(3) any special treatment or care which the child needs for the child's
physical, mental or emotional health and safety.
(c) Removal of a child from custody of a parent. (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:
(1) (A)(i) The child is likely to sustain harm if not immediately
removed from the home;
(B)(ii) allowing the child to remain in home is contrary to the welfare
of the child; or
(C)(iii) immediate placement of the child is in the best interest of the
child; and
(2)(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 that threatens the safety to of the child.
(2) The court shall not enter an order removing a child from the
custody of a parent pursuant to this section based solely on the finding that
the parent is homeless.
(d) Custody of a child removed from the custody of a parent. If the
court has made the findings required by subsection (c), the court shall
enter an order awarding custody to: A relative of the child or to a person
with whom the child has close emotional ties who shall not be required to
be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated,
and amendments thereto; any other suitable person; a shelter facility; a
youth residential facility; 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 that, if committed by an adult, would constitute a
violation of K.S.A. 21-6419, and amendments thereto; or, 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, to the secretary. Custody awarded
under this subsection shall continue until further order of the court.
(1) When custody is awarded to the secretary, the secretary shall
consider any placement recommendation by the court and notify the court
of the placement or proposed placement of the child within 10 days of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2581 4
order awarding custody. After providing the parties or interested parties
notice and opportunity to be heard, the court may determine whether the
secretary's placement or proposed placement is contrary to the welfare or
in the best interests of the child. In making that determination the court
shall consider the health and safety needs of the child and the resources
available to meet the needs of children in the custody of the secretary. If
the court determines that the placement or proposed placement is contrary
to the welfare or not in the best interests of the child, the court shall notify
the secretary, who shall then make an alternative placement.
(2) The custodian designated under this subsection shall notify the
court in writing at least 10 days prior to any planned placement with a
parent. The written notice shall state the basis for the custodian's belief that
placement with a parent is no longer contrary to the welfare or best interest
of the child. Upon reviewing the notice, the court may allow the custodian
to proceed with the planned placement or may set the date for a hearing to
determine if the child shall be allowed to return home. If the court sets a
hearing on the matter, the custodian shall not return the child home without
written consent of the court.
(3) The court may grant any person reasonable rights to visit the child
upon motion of the person and a finding that the visitation rights would be
in the best interests of the child.
(4) The court may enter an order restraining any alleged perpetrator
of physical, mental or emotional abuse or sexual abuse of the child from:
Residing in the child's home; visiting, contacting, harassing or intimidating
the child, other family member or witness; or attempting to visit, contact,
harass or intimidate the child, other family member or witness. 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.
(5) The court shall provide a copy of any orders entered within 10
days of entering the order to the custodian designated under this
subsection.
(e) Further determinations regarding a child removed from the home.
If custody has been awarded under subsection (d) to a person other than a
parent, a permanency plan shall be provided or prepared pursuant to
K.S.A. 38-2264, and amendments thereto. If a permanency plan is
provided at the dispositional hearing, the court may determine whether
reintegration is a viable alternative or, if reintegration is not a viable
alternative, whether the child should be placed for adoption or a permanent
custodian appointed. In determining whether reintegration is a viable
alternative, the court shall consider whether:
(1) Whether A parent has been found by a court to have committed
one of the following crimes or to have violated the law of another state
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2581 5
prohibiting such crimes or to have aided and abetted, attempted, conspired
or solicited the commission of one of these crimes: (A) Murder in the first
degree, K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and
amendments thereto; (B) murder in the second degree, K.S.A. 21-3402,
prior to its repeal, or K.S.A. 21-5403, and amendments thereto; (C) capital
murder, K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and
amendments thereto; (D) voluntary manslaughter, K.S.A. 21-3403, prior to
its repeal, or K.S.A. 21-5404, and amendments thereto; or (E) a felony
battery that resulted in bodily injury;
(2) whether a parent has subjected the child or another child to
aggravated circumstances;
(3) whether a parent has previously been found to be an unfit parent
in proceedings under this code or in comparable proceedings under the
laws of another state or the federal government;
(4) whether the child has been in the custody of the secretary and
placed with neither parent for 15 of the most recent 22 months beginning
60 days after the date on which when a child in the secretary's custody was
removed from the child's home;
(5) whether the parents have failed to work diligently toward
reintegration;
(6) whether the secretary has provided the family with services
necessary for the safe return of the child to the home; and
(7) whether it is reasonable to expect reintegration to occur within a
time frame consistent with the child's developmental needs.
(f) Proceedings if reintegration is not a viable alternative. If the court
determines that reintegration is not a viable alternative, proceedings to
terminate parental rights and permit placement of the child for adoption or
appointment of a permanent custodian shall be initiated unless the court
finds that compelling reasons have been documented in the case plan why
adoption or appointment of a permanent custodian would not be in the best
interests of the child. If compelling reasons have not been documented, the
county or district attorney shall file a motion within 30 days to terminate
parental rights or a motion to appoint a permanent custodian within 30
days, and the court shall hold a hearing on the motion within 90 days of its
filing. No hearing is required when the parents voluntarily relinquish
parental rights or consent to the appointment of a permanent custodian.
(g) Additional orders. In addition to or in lieu of any other order
authorized by this section:
(1) The court may order the child and the parents of any child who
has been adjudicated a child in need of care to attend counseling sessions
as the court directs. The expense of the counseling may be assessed as an
expense in the case. No mental health provider shall charge a greater fee
for court-ordered counseling than the provider would have charged to the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2581 6
person receiving counseling if the person had requested counseling on the
person's own initiative.
(2) If the court has reason to believe that a child is before the court
due, in whole or in part, to the use or misuse of alcohol or a violation of
K.S.A. 21-5701 through 21-5717, and amendments thereto, by the child, a
parent of the child, or another person responsible for the care of the child,
the court may order the child, parent of the child or other person
responsible for the care of the child to submit to and complete an alcohol
and drug evaluation by a qualified person or agency and comply with any
recommendations. If the evaluation is performed by a community-based
alcohol and drug safety program certified pursuant to K.S.A. 8-1008, and
amendments thereto, the child, parent of the child or other person
responsible for the care of the child shall pay a fee not to exceed the fee
established by that statute. If the court finds that the child and those legally
liable for the child's support are indigent, the fee may be waived. In no
event shall the fee be assessed against the secretary.
(3) If child support has been requested and the parent or parents have
a duty to support the child, the court may order one or both parents to pay
child support and,. When custody of a child is awarded to the secretary, the
court shall may order one or both parents to pay child support. If the court
orders child support, the court shall determine, for each parent separately,
whether the parent is already subject to an order to pay support for the
child. If the parent is not presently ordered to pay support for any child
who is subject to the jurisdiction of the court and the court has personal
jurisdiction over the parent, the court shall order the parent to pay child
support in an amount determined under K.S.A. 38-2277, and amendments
thereto. Except for good cause shown, the court shall issue an immediate
income withholding order pursuant to K.S.A. 23-3101 et seq., and
amendments thereto, for each parent ordered to pay support under this
subsection, regardless of whether a payor has been identified for the
parent. A parent ordered to pay child support under this subsection shall be
notified, at the hearing or otherwise, that the child support order may be
registered pursuant to K.S.A. 38-2279, and amendments thereto. The
parent shall also be informed that, after registration, the income
withholding order may be served on the parent's employer without further
notice to the parent and the child support order may be enforced by any
method allowed by law. Failure to provide this notice shall not affect the
validity of the child support order.
(h) For the purposes of this section, "harassing or intimidating" and
"harass or intimidate" includes include, but is are not limited to, utilizing
any electronic tracking system or acquiring tracking information to
determine the targeted person's location, movement or travel patterns.
Sec. 3. K.S.A. 38-2234 and K.S.A. 2023 Supp. 38-2255 are hereby
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2581 7
repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3