Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 http://budget.kansas.gov
Adam C. Proffitt, Director Laura Kelly, Governor
Division of the Budget
February 16, 2024
The Honorable Susan Concannon, Chairperson
House Committee on Child Welfare and Foster Care
300 SW 10th Avenue, Room 152-S
Topeka, Kansas 66612
Dear Representative Concannon:
SUBJECT: Fiscal Note for HB 2772 by House Committee on Child Welfare and Foster
Care
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2772 is
respectfully submitted to your committee.
HB 2772 would establish the Kansas Indian Child Welfare Act by providing additional
requirements for child custody proceedings involving Indian children. The bill would define terms
used in the Act. The bill would grant jurisdiction over proceedings that involve an Indian child to
the child’s Indian tribe. The bill would require the Secretary of the Department for Children and
Families (DCF) to notify Indian tribes if a proceeding would involve an Indian child. The bill
would require state courts to seek placement of an Indian child with an Indian custodian or person
committed to the child’s culture. The state courts would be required to declare standards for
proceedings involving an Indian child. The state courts would also be required to provide notice
of the proceedings and identify when to notify the United States Secretary of the Interior.
According to the Office of Judicial Administration, enactment of HB 2772 could have a
fiscal effect on expenditures of the Judicial Branch. The bill’s provisions could result in additional
time spent by the district court judges and staff on these child custody proceedings. Nevertheless,
until the courts have had an opportunity to operate under the provisions of HB 2772, an accurate
estimate of the fiscal effect on expenditures by the Judicial Branch cannot be given. The bill would
not have a fiscal effect on revenues to the Judicial Branch or State General Fund.
DCF indicates that enactment of HB 2772 would have additional requirements beyond
current federal requirements related to the Indian Child Welfare Act that the agency follows. The
agency has a tribal liaison, and the additional duties could be achieved within existing resources. The Honorable Susan Concannon, Chairperson
Page 2—HB 2772
Any fiscal effect associated with HB 2772 is not reflected in The FY 2025 Governor’s Budget
Report.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Trisha Morrow, Judiciary
Kim Holter, Department for Children & Families