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Kansas House Bill HB2581

Kansas 2023-2024 Regular Session

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11 Session of 2024
22 HOUSE BILL No. 2581
33 By Committee on Child Welfare and Foster Care
44 Requested by Laura Howard on behalf of the Kansas Department for Children and
55 Families
66 1-24
77 AN ACT concerning the secretary for children and families; relating to
88 child support payments; eliminating the requirement that the court
99 order child support to be paid to the secretary when custody of the child
1010 is awarded to the secretary and the requirement that child support
1111 payment requests shall be made in a child in need of care petition;
1212 amending K.S.A. 38-2234 and K.S.A. 2023 Supp. 38-2255 and
1313 repealing the existing sections.
1414 Be it enacted by the Legislature of the State of Kansas:
1515 Section 1. K.S.A. 38-2234 is hereby amended to read as follows: 38-
1616 2234. (a) Filing and contents of petition. (1) A petition filed to commence
1717 an action pursuant to this code shall be filed with the clerk of the district
1818 court and shall state, if known:
1919 (A) The name, date of birth and residence address of the child;
2020 (B) the name and residence address of the child's parents;
2121 (C) the name and address of the child's nearest known relative if no
2222 parent can be found;
2323 (D) the name and residence address of any persons having custody or
2424 control of the child; and
2525 (E) plainly and concisely in the language of the statutory definition,
2626 the basis for the petition.
2727 (2) The petition shall also state the specific facts that are relied upon
2828 to support the allegation referred to in the preceding paragraph including
2929 any known dates, times and locations.
3030 (3) The proceedings shall be entitled: "In the Interest of
3131 ______________."
3232 (4) The petition shall contain a request that the court find the child to
3333 be a child in need of care.
3434 (5) The petition shall contain a request that the parent or parents be
3535 ordered to pay child support. The request for child support may be omitted
3636 with respect to a parent already ordered to pay child support for the child
3737 and shall be omitted with respect to one or both parents upon written
3838 request of the secretary.
3939 (6) If the petition requests custody of the child to the secretary or a
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7474 person other than the child's parent, the petition shall specify the efforts
7575 known to the petitioner to have been made to maintain the family and
7676 prevent the transfer of custody, or it shall specify the facts demonstrating
7777 that an emergency exists which that threatens the safety to of the child.
7878 (7)(6) If the petition requests removal of the child from the child's
7979 home, in addition to the information required by K.S.A. 38-2234(a)(6),
8080 and amendments thereto, the petition shall specify the facts demonstrating
8181 that allowing the child to remain in the home would be contrary to the
8282 welfare of the child or that placement is in the best interests of the child
8383 and the child is likely to sustain harm if not removed from the home.
8484 (8)(7) The petition shall have an attached copy of the prevention plan,
8585 if any, that has been prepared for the child.
8686 (9)(8) The petition shall contain the following statement: "If you do
8787 not appear in court the court will be making decisions without your input
8888 which that could result in:
8989 (A) The permanent or temporary removal of the child from the
9090 custody of the parent or present legal guardian;
9191 (B) an order requiring one or both parents to pay child support until
9292 the permanent termination of one or both of the parents' parental rights;
9393 (C) the permanent termination of one or both of the parents' parental
9494 rights; and
9595 (D) the appointment of a permanent custodian for the child.
9696 If you cannot attend the hearing you may send a written response to the
9797 petition to the clerk of the court."
9898 (10)(9) The petition shall contain the following statement: "You may
9999 receive further notices of other hearings, proceedings and actions in this
100100 case which you may attend. These notices will be sent to you by first class
101101 mail to your last known address or an address you provide to the court. It
102102 is your responsibility to keep the court informed of your current address."
103103 (b) Motions. Motions may be made orally or in writing. The motion
104104 shall state with particularity the grounds for the motion and shall state the
105105 relief or order sought.
106106 Sec. 2. K.S.A. 2023 Supp. 38-2255 is hereby amended to read as
107107 follows: 38-2255. (a) Considerations. Prior to entering an order of
108108 disposition, the court shall give consideration to:
109109 (1) The child's physical, mental and emotional condition;
110110 (2) the child's need for assistance;
111111 (3) the manner in by which the parent participated in the abuse,
112112 neglect or abandonment of the child;
113113 (4) any relevant information from the intake and assessment process;
114114 and
115115 (5) the evidence received at the dispositional hearing.
116116 (b) Custody with a parent. The court may place the child in the
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160160 custody of either of the child's parents subject to terms and conditions
161161 which that the court prescribes to assure the proper care and protection of
162162 the child, including, but not limited to:
163163 (1) Supervision of the child and the parent by a court services officer;
164164 (2) participation by the child and the parent in available programs
165165 operated by an appropriate individual or agency; and
166166 (3) any special treatment or care which the child needs for the child's
167167 physical, mental or emotional health and safety.
168168 (c) Removal of a child from custody of a parent. (1) The court shall
169169 not enter the initial order removing a child from the custody of a parent
170170 pursuant to this section unless the court first finds probable cause that:
171171 (1) (A)(i) The child is likely to sustain harm if not immediately
172172 removed from the home;
173173 (B)(ii) allowing the child to remain in home is contrary to the welfare
174174 of the child; or
175175 (C)(iii) immediate placement of the child is in the best interest of the
176176 child; and
177177 (2)(B) reasonable efforts have been made to maintain the family unit
178178 and prevent the unnecessary removal of the child from the child's home or
179179 that an emergency exists which that threatens the safety to of the child.
180180 (2) The court shall not enter an order removing a child from the
181181 custody of a parent pursuant to this section based solely on the finding that
182182 the parent is homeless.
183183 (d) Custody of a child removed from the custody of a parent. If the
184184 court has made the findings required by subsection (c), the court shall
185185 enter an order awarding custody to: A relative of the child or to a person
186186 with whom the child has close emotional ties who shall not be required to
187187 be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated,
188188 and amendments thereto; any other suitable person; a shelter facility; a
189189 youth residential facility; a staff secure facility, notwithstanding any other
190190 provision of law, if the child has been subjected to human trafficking or
191191 aggravated human trafficking, as defined by K.S.A. 21-5426, and
192192 amendments thereto, or commercial sexual exploitation of a child, as
193193 defined by K.S.A. 21-6422, and amendments thereto, or the child
194194 committed an act which that, if committed by an adult, would constitute a
195195 violation of K.S.A. 21-6419, and amendments thereto; or, if the child is 15
196196 years of age or younger, or 16 or 17 years of age if the child has no
197197 identifiable parental or family resources or shows signs of physical,
198198 mental, emotional or sexual abuse, to the secretary. Custody awarded
199199 under this subsection shall continue until further order of the court.
200200 (1) When custody is awarded to the secretary, the secretary shall
201201 consider any placement recommendation by the court and notify the court
202202 of the placement or proposed placement of the child within 10 days of the
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246246 order awarding custody. After providing the parties or interested parties
247247 notice and opportunity to be heard, the court may determine whether the
248248 secretary's placement or proposed placement is contrary to the welfare or
249249 in the best interests of the child. In making that determination the court
250250 shall consider the health and safety needs of the child and the resources
251251 available to meet the needs of children in the custody of the secretary. If
252252 the court determines that the placement or proposed placement is contrary
253253 to the welfare or not in the best interests of the child, the court shall notify
254254 the secretary, who shall then make an alternative placement.
255255 (2) The custodian designated under this subsection shall notify the
256256 court in writing at least 10 days prior to any planned placement with a
257257 parent. The written notice shall state the basis for the custodian's belief that
258258 placement with a parent is no longer contrary to the welfare or best interest
259259 of the child. Upon reviewing the notice, the court may allow the custodian
260260 to proceed with the planned placement or may set the date for a hearing to
261261 determine if the child shall be allowed to return home. If the court sets a
262262 hearing on the matter, the custodian shall not return the child home without
263263 written consent of the court.
264264 (3) The court may grant any person reasonable rights to visit the child
265265 upon motion of the person and a finding that the visitation rights would be
266266 in the best interests of the child.
267267 (4) The court may enter an order restraining any alleged perpetrator
268268 of physical, mental or emotional abuse or sexual abuse of the child from:
269269 Residing in the child's home; visiting, contacting, harassing or intimidating
270270 the child, other family member or witness; or attempting to visit, contact,
271271 harass or intimidate the child, other family member or witness. Such
272272 restraining order shall be served by personal service pursuant to K.S.A.
273273 38-2237(a), and amendments thereto, on any alleged perpetrator to whom
274274 the order is directed.
275275 (5) The court shall provide a copy of any orders entered within 10
276276 days of entering the order to the custodian designated under this
277277 subsection.
278278 (e) Further determinations regarding a child removed from the home.
279279 If custody has been awarded under subsection (d) to a person other than a
280280 parent, a permanency plan shall be provided or prepared pursuant to
281281 K.S.A. 38-2264, and amendments thereto. If a permanency plan is
282282 provided at the dispositional hearing, the court may determine whether
283283 reintegration is a viable alternative or, if reintegration is not a viable
284284 alternative, whether the child should be placed for adoption or a permanent
285285 custodian appointed. In determining whether reintegration is a viable
286286 alternative, the court shall consider whether:
287287 (1) Whether A parent has been found by a court to have committed
288288 one of the following crimes or to have violated the law of another state
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332332 prohibiting such crimes or to have aided and abetted, attempted, conspired
333333 or solicited the commission of one of these crimes: (A) Murder in the first
334334 degree, K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and
335335 amendments thereto; (B) murder in the second degree, K.S.A. 21-3402,
336336 prior to its repeal, or K.S.A. 21-5403, and amendments thereto; (C) capital
337337 murder, K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and
338338 amendments thereto; (D) voluntary manslaughter, K.S.A. 21-3403, prior to
339339 its repeal, or K.S.A. 21-5404, and amendments thereto; or (E) a felony
340340 battery that resulted in bodily injury;
341341 (2) whether a parent has subjected the child or another child to
342342 aggravated circumstances;
343343 (3) whether a parent has previously been found to be an unfit parent
344344 in proceedings under this code or in comparable proceedings under the
345345 laws of another state or the federal government;
346346 (4) whether the child has been in the custody of the secretary and
347347 placed with neither parent for 15 of the most recent 22 months beginning
348348 60 days after the date on which when a child in the secretary's custody was
349349 removed from the child's home;
350350 (5) whether the parents have failed to work diligently toward
351351 reintegration;
352352 (6) whether the secretary has provided the family with services
353353 necessary for the safe return of the child to the home; and
354354 (7) whether it is reasonable to expect reintegration to occur within a
355355 time frame consistent with the child's developmental needs.
356356 (f) Proceedings if reintegration is not a viable alternative. If the court
357357 determines that reintegration is not a viable alternative, proceedings to
358358 terminate parental rights and permit placement of the child for adoption or
359359 appointment of a permanent custodian shall be initiated unless the court
360360 finds that compelling reasons have been documented in the case plan why
361361 adoption or appointment of a permanent custodian would not be in the best
362362 interests of the child. If compelling reasons have not been documented, the
363363 county or district attorney shall file a motion within 30 days to terminate
364364 parental rights or a motion to appoint a permanent custodian within 30
365365 days, and the court shall hold a hearing on the motion within 90 days of its
366366 filing. No hearing is required when the parents voluntarily relinquish
367367 parental rights or consent to the appointment of a permanent custodian.
368368 (g) Additional orders. In addition to or in lieu of any other order
369369 authorized by this section:
370370 (1) The court may order the child and the parents of any child who
371371 has been adjudicated a child in need of care to attend counseling sessions
372372 as the court directs. The expense of the counseling may be assessed as an
373373 expense in the case. No mental health provider shall charge a greater fee
374374 for court-ordered counseling than the provider would have charged to the
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418418 person receiving counseling if the person had requested counseling on the
419419 person's own initiative.
420420 (2) If the court has reason to believe that a child is before the court
421421 due, in whole or in part, to the use or misuse of alcohol or a violation of
422422 K.S.A. 21-5701 through 21-5717, and amendments thereto, by the child, a
423423 parent of the child, or another person responsible for the care of the child,
424424 the court may order the child, parent of the child or other person
425425 responsible for the care of the child to submit to and complete an alcohol
426426 and drug evaluation by a qualified person or agency and comply with any
427427 recommendations. If the evaluation is performed by a community-based
428428 alcohol and drug safety program certified pursuant to K.S.A. 8-1008, and
429429 amendments thereto, the child, parent of the child or other person
430430 responsible for the care of the child shall pay a fee not to exceed the fee
431431 established by that statute. If the court finds that the child and those legally
432432 liable for the child's support are indigent, the fee may be waived. In no
433433 event shall the fee be assessed against the secretary.
434434 (3) If child support has been requested and the parent or parents have
435435 a duty to support the child, the court may order one or both parents to pay
436436 child support and,. When custody of a child is awarded to the secretary, the
437437 court shall may order one or both parents to pay child support. If the court
438438 orders child support, the court shall determine, for each parent separately,
439439 whether the parent is already subject to an order to pay support for the
440440 child. If the parent is not presently ordered to pay support for any child
441441 who is subject to the jurisdiction of the court and the court has personal
442442 jurisdiction over the parent, the court shall order the parent to pay child
443443 support in an amount determined under K.S.A. 38-2277, and amendments
444444 thereto. Except for good cause shown, the court shall issue an immediate
445445 income withholding order pursuant to K.S.A. 23-3101 et seq., and
446446 amendments thereto, for each parent ordered to pay support under this
447447 subsection, regardless of whether a payor has been identified for the
448448 parent. A parent ordered to pay child support under this subsection shall be
449449 notified, at the hearing or otherwise, that the child support order may be
450450 registered pursuant to K.S.A. 38-2279, and amendments thereto. The
451451 parent shall also be informed that, after registration, the income
452452 withholding order may be served on the parent's employer without further
453453 notice to the parent and the child support order may be enforced by any
454454 method allowed by law. Failure to provide this notice shall not affect the
455455 validity of the child support order.
456456 (h) For the purposes of this section, "harassing or intimidating" and
457457 "harass or intimidate" includes include, but is are not limited to, utilizing
458458 any electronic tracking system or acquiring tracking information to
459459 determine the targeted person's location, movement or travel patterns.
460460 Sec. 3. K.S.A. 38-2234 and K.S.A. 2023 Supp. 38-2255 are hereby
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504504 repealed.
505505 Sec. 4. This act shall take effect and be in force from and after its
506506 publication in the statute book.
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