Kansas 2025-2026 Regular Session

Kansas House Bill HB2075 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Session of 2025
1	2		HOUSE BILL No. 2075
2		-	AN ACT concerning minors; relating to the revised Kansas code for care of children;
3		-	determining when a law enforcement officer may or shall take a child into custody;
4		-	requiring the secretary for children and families to provide means for a law
5		-	enforcement officer to refer potential cases of abuse or neglect and that the secretary
6		-	provide a response to such referrals within 24 hours; requiring the court to review
7		-	parent and interested party involvement in permanency planning; requiring that a
8		-	permanency hearing for a child in custody of the secretary be held within nine
9		-	months of such child's removal from such child's home and subsequent hearings be
10		-	held every six months thereafter; amending K.S.A. 2024 Supp. 38-2231 and 38-2264
11		-	and repealing the existing sections.
	3	+	By Committee on Child Welfare and Foster Care
	4	+	Requested by Laura Howard, Secretary for Children and Families
	5	+	1-23
	6	+	AN ACT concerning minors; relating to the revised Kansas code for care
	7	+	of children; requiring that a permanency hearing for a child in custody
	8	+	of the secretary be held within nine months of such child's removal
	9	+	from such child's home; amending K.S.A. 2024 Supp. 38-2264 and
	10	+	repealing the existing section.
12	11		Be it enacted by the Legislature of the State of Kansas:
13		-	Section 1. K.S.A. 2024 Supp. 38-2231 is hereby amended to read
14		-	as follows: 38-2231. (a) A law enforcement officer or court services
15		-	officer shall take a child under 18 years of age into custody when:
16		-	(1) The law enforcement officer or court services officer has a
17		-	court order commanding that the child be taken into custody as a child
18		-	in need of care; or
19		-	(2) the law enforcement officer or court services officer has
20		-	probable cause to believe that a court order commanding that the child
21		-	be taken into custody as a child in need of care has been issued in this
22		-	state or in another jurisdiction.
23		-	(b) A law enforcement officer shall take a child under 18 years of
24		-	age into custody when the officer:
25		-	(1) Reasonably believes the child will be harmed if not
26		-	immediately removed from the place or residence where the child has
27		-	been found; or
28		-	(2) has probable cause to believe that the child is a runaway or a
29		-	missing person or a verified missing person entry for the child can be
30		-	found in the national crime information center missing person system;
31		-	(3) reasonably believes the child is a victim of human trafficking,
32		-	aggravated human trafficking or commercial sexual exploitation of a
33		-	child; or
34		-	(4) reasonably believes the child is experiencing a behavioral
35		-	health crisis and is likely to cause harm to self or others.
36		-	(c) A law enforcement officer shall explore other options to
37		-	separate the child from the source of harm before removal of such child
38		-	as provided in subsection (b).
39		-	(d) The secretary shall provide an electronic means of
40		-	communication for a responding law enforcement officer to refer a
41		-	child who may be a victim of abuse or neglect to the secretary. The
42		-	secretary shall receive such referrals and, within 24 hours, initiate an
43		-	investigation of abuse or neglect and contact the persons who are the
44		-	subject of such investigation. Then, within 24 hours of such contact, the
45		-	secretary shall respond to the referring law enforcement agency with
46		-	the status of the investigation.
47		-	(e) A law enforcement officer shall take a child under 18 years of
48		-	age into custody when the officer:
49		-	(1) Has probable cause to believe that the child is a runaway or a
50		-	missing person or a verified missing person entry for the child can be
51		-	found in the national crime information center missing person system;
52		-	or
53		-	(2) reasonably believes that the child is a victim of human
54		-	trafficking, aggravated human trafficking or commercial sexual
55		-	exploitation of a child.
56		-	(f) (1) If a person provides shelter to a child whom the person
57		-	knows is a runaway, such person shall promptly report the child's
58		-	location either to a law enforcement agency or to the child's parent or
59		-	other custodian.
60		-	(2) If a person reports a runaway's location to a law enforcement
61		-	agency pursuant to this section and a law enforcement officer of the
62		-	agency has reasonable grounds to believe that it is in the child's best
63		-	interests, the child may be allowed to remain in the place where shelter
64		-	is being provided, subject to subsection (b) (e), in the absence of a court
65		-	order to the contrary. If the child is allowed to so remain, the law
66		-	enforcement agency shall promptly notify the secretary of the child's HOUSE BILL No. 2075—page 2
67		-	location and circumstances.
68		-	(d)(g) Except as provided in subsections (a) and, (b) and (e), a law
69		-	enforcement officer may temporarily detain and assume temporary
70		-	custody of any child subject to compulsory school attendance, pursuant
71		-	to K.S.A. 72-3120, and amendments thereto, during the hours school is
72		-	actually in session and shall deliver the child pursuant to K.S.A. 38-
73		-	2232(g), and amendments thereto.
74		-	Sec. 2. K.S.A. 2024 Supp. 38-2264 is hereby amended to read as
75		-	follows: 38-2264. (a) A permanency hearing is a proceeding conducted
76		-	by the court or by a citizen review board for the purpose of determining
77		-	progress toward accomplishment of a permanency plan as established
78		-	by K.S.A. 38-2263, and amendments thereto.
79		-	(b) The court or a citizen review board shall hear and the court
80		-	shall determine whether and, if applicable, when the child will be:
	12	+	Section 1. K.S.A. 2024 Supp. 38-2264 is hereby amended to read as
	13	+	follows: 38-2264. (a) A permanency hearing is a proceeding conducted by
	14	+	the court or by a citizen review board for the purpose of determining
	15	+	progress toward accomplishment of a permanency plan as established by
	16	+	K.S.A. 38-2263, and amendments thereto.
	17	+	(b) The court or a citizen review board shall hear and the court shall
	18	+	determine whether and, if applicable, when the child will be:
81	19		(1) Reintegrated with the child's parents;
82	20		(2) placed for adoption;
83	21		(3) placed with a permanent custodian;
84		-	(4) if the child is 16 years of age or older, placed with a SOUL
85		-	~~family~~ legal permanency custodian; or
	22	+	(4) if the child is 16 years of age or older, placed with a SOUL family
	23	+	legal permanency custodian; or
86	24		(5) if the child is 16 years of age or older and the secretary has
87	25		documented compelling reasons why it would not be in the child's best
88		-	interests for a placement in one of the placements pursuant to
89		-	paragraphs (1) through (4), placed in another planned permanent living
90		-	arrangement.
	26	+	interests for a placement in one of the placements pursuant to paragraphs
	27	+	(1) through (4), placed in another planned permanent living arrangement.
91	28		(c) At each permanency hearing, the court shall:
92		-	(1) Review with all present parties, including parents and
93		-	interested parties, the current permanency goal and, on the record,
94		-	inquire of each party whether each party: (A) Participated in the most
95		-	recent permanency plan; (B) received a copy of such plan; and (C) has
96		-	made reasonable efforts to achieve the permanency goal in place at the
97		-	time of the hearing. If a party did not participate in such plan, the
98		-	court shall inquire the reasoning for nonparticipation. If a party did
99		-	not receive a copy of the most recent permanency plan, the court shall
100		-	order the secretary to provide such party with such copy within two
101		-	business days of entering such order.
102		-	(2) Enter a finding as to whether reasonable efforts have been
103		-	made by appropriate public or private agencies to rehabilitate the
104		-	family and achieve the permanency goal in place at the time of the
105		-	hearing;
106		-	(2)(3) enter a finding as to whether the reasonable and prudent
107		-	parenting standard has been met and whether the child has regular,
108		-	ongoing opportunities to engage in age or developmentally appropriate
109		-	activities. The secretary shall report to the court the steps the secretary
110		-	is taking to ensure that the child's foster family home or child care
111		-	institution is following the reasonable and prudent parenting standard
112		-	and that the child has regular, ongoing opportunities to engage in age or
113		-	developmentally appropriate activities, including consultation with the
114		-	child in an age-appropriate manner about the opportunities of the child
115		-	to participate in the activities; and
116		-	(3)(4) if the child is 14 years of age or older, document the efforts
117		-	made by the secretary to help the child prepare for the transition from
118		-	custody to a successful adulthood. The secretary shall report to the
119		-	court the programs and services that are being provided to the child that
120		-	will help the child prepare for the transition from custody to a
121		-	successful adulthood.
	29	+	(1) Enter a finding as to whether reasonable efforts have been made
	30	+	by appropriate public or private agencies to rehabilitate the family and
	31	+	achieve the permanency goal in place at the time of the hearing;
	32	+	(2) enter a finding as to whether the reasonable and prudent parenting
	33	+	standard has been met and whether the child has regular, ongoing
	34	+	opportunities to engage in age or developmentally appropriate activities.
	35	+	The secretary shall report to the court the steps the secretary is taking to
	36	+	ensure that the child's foster family home or child care institution is
	37	+	following the reasonable and prudent parenting standard and that the child
	38	+	has regular, ongoing opportunities to engage in age or developmentally
	39	+	appropriate activities, including consultation with the child in an age-
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	75	+	appropriate manner about the opportunities of the child to participate in the
	76	+	activities; and
	77	+	(3) if the child is 14 years of age or older, document the efforts made
	78	+	by the secretary to help the child prepare for the transition from custody to
	79	+	a successful adulthood. The secretary shall report to the court the programs
	80	+	and services that are being provided to the child that will help the child
	81	+	prepare for the transition from custody to a successful adulthood.
122	82		(d) The requirements of this subsection shall apply only if the
123	83		permanency goal in place at the time of the hearing is another planned
124		-	permanent living arrangement as described in subsection (b)(5). At
125		-	each permanency hearing held with respect to the child, in addition to
126		-	the requirements of subsection (c), the court shall:
127		-	(1) Ask the child, if the child is able, by attendance at the hearing
128		-	or by report to the court, about the desired permanency outcome for the
129		-	child;
130		-	(2) document the intensive, ongoing and, as of the date of the HOUSE BILL No. 2075—page 3
131		-	hearing, unsuccessful permanency efforts made by the secretary to
132		-	return the child home or secure a placement for the child with a fit and
133		-	willing relative, a legal custodian or guardian or an adoptive parent.
134		-	The secretary shall report to the court the intensive, ongoing and, as of
135		-	the date of the hearing, unsuccessful efforts made by the secretary to
136		-	return the child home or secure a placement for the child with a fit and
137		-	willing relative, a legal custodian or guardian or an adoptive parent,
138		-	including efforts that utilize search technology, including social media,
139		-	to find biological family members of the children child; and
	84	+	permanent living arrangement as described in subsection (b)(5). At each
	85	+	permanency hearing held with respect to the child, in addition to the
	86	+	requirements of subsection (c), the court shall:
	87	+	(1) Ask the child, if the child is able, by attendance at the hearing or
	88	+	by report to the court, about the desired permanency outcome for the child;
	89	+	(2) document the intensive, ongoing and, as of the date of the hearing,
	90	+	unsuccessful permanency efforts made by the secretary to return the child
	91	+	home or secure a placement for the child with a fit and willing relative, a
	92	+	legal custodian or guardian or an adoptive parent. The secretary shall
	93	+	report to the court the intensive, ongoing and, as of the date of the hearing,
	94	+	unsuccessful efforts made by the secretary to return the child home or
	95	+	secure a placement for the child with a fit and willing relative, a legal
	96	+	custodian or guardian or an adoptive parent, including efforts that utilize
	97	+	search technology, including social media, to find biological family
	98	+	members of the children; and
140	99		(3) make a judicial determination explaining why, as of the date of
141	100		the hearing, another planned permanent living arrangement is the best
142	101		permanency plan for the child and provide compelling reasons why it
143	102		continues to not be in the best interests of the child to return home, be
144	103		placed for adoption, be placed with a legal custodian or guardian or be
145		-	placed with a fit and willing relative, a legal custodian or guardian or
146		-	an adoptive parent.
147		-	(e) The requirements of this subsection shall apply only if the
148		-	child is placed in a qualified residential treatment program at the time
149		-	of the permanency hearing. At each permanency hearing held with
150		-	respect to the child, in addition to the requirements of subsection (c),
151		-	the court shall document:
	104	+	placed with a fit and willing relative.
	105	+	(e) The requirements of this subsection shall apply only if the child is
	106	+	placed in a qualified residential treatment program at the time of the
	107	+	permanency hearing. At each permanency hearing held with respect to the
	108	+	child, in addition to the requirements of subsection (c), the court shall
	109	+	document:
152	110		(1) That the ongoing assessment of the strengths and needs of the
153	111		child continues to support the determination that the needs of the child
154	112		cannot be met through placement in a foster family home, that the
155		-	placement in a qualified residential treatment program provides the
156		-	most effective and appropriate level of care for the child in the least
157		-	restrictive environment, and that the placement is consistent with the
158		-	short-term and long-term goals for the child, as specified in the
159		-	permanency plan for the child;
	113	+	placement in a qualified residential treatment program provides the most
	114	+	effective and appropriate level of care for the child in the least restrictive
	115	+	environment, and that the placement is consistent with the short-term and
	116	+	long-term goals for the child, as specified in the permanency plan for the
	117	+	child;
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160	161		(2) the specific treatment or service needs that will be met for the
161		-	child in the placement and the length of time the child is expected to
162		-	~~need~~ the treatment or services; and
	162	+	child in the placement and the length of time the child is expected to need
	163	+	the treatment or services; and
163	164		(3) the efforts made by the secretary to prepare the child to return
164	165		home or to be placed with a fit and willing relative, a legal custodian or
165	166		guardian, or an adoptive parent, or in a foster family home.
166		-	(f) A permanency hearing shall be held within 12 nine months of
167		-	~~the~~ date the court authorized the child's removal from the home and not
168		-	~~less~~ frequently than every 12 ~~six~~ months thereafter. If the court makes a
169		-	finding that the requirements of subsection (c)(1) or, (2~~) or (3~~) have not
170		-	~~been met,~~ a subsequent permanency hearing shall be held no not later
171		-	~~than 60 days~~ following the finding.
	167	+	(f) A permanency hearing shall be held within 12 nine months of the
	168	+	date the court authorized the child's removal from the home and not less
	169	+	frequently than every 12 nine months thereafter. If the court makes a
	170	+	finding that the requirements of subsection (c)(1) or (2) have not been met,
	171	+	a subsequent permanency hearing shall be held no not later than 60 days
	172	+	following the finding.
172	173		(g) If the court determines at any time other than during a
173		-	permanency hearing that reintegration may not be a viable alternative
174		-	~~for~~ the child, a permanency hearing shall be held not later than 30 days
	174	+	permanency hearing that reintegration may not be a viable alternative for
	175	+	the child, a permanency hearing shall be held not later than 30 days
175	176		following that determination.
176	177		(h) When the court finds that reintegration continues to be a viable
177		-	alternative, the court shall determine whether and, if applicable, when
178		-	the child will be returned to the parent. The court may rescind any of its
179		-	prior dispositional orders and enter any dispositional order authorized
180		-	by this code or may order that a new plan for the reintegration be
181		-	prepared and submitted to the court. If reintegration cannot be
182		-	accomplished as approved by the court, the court shall be informed and
183		-	shall schedule a hearing pursuant to this section. No such hearing is
184		-	required when the parents voluntarily relinquish parental rights or
185		-	consent to appointment of a permanent custodian or a SOUL family
186		-	legal permanency custodian.
187		-	(i) If the court finds reintegration is no longer a viable alternative,
188		-	the court shall consider whether: (1) The child is in a stable placement
189		-	with a relative; (2) services set out in the case plan necessary for the
190		-	safe return of the child have been made available to the parent with
191		-	whom reintegration is planned; or (3) compelling reasons are
192		-	documented in the case plan to support a finding that neither adoption
193		-	nor appointment of a permanent custodian are in the child's best interest
194		-	interests. If reintegration is not a viable alternative and either adoption HOUSE BILL No. 2075—page 4
195		-	or appointment of a permanent custodian might be in the best interests
196		-	of the child, the county or district attorney or the county or district
197		-	attorney's designee shall file a motion to terminate parental rights or a
198		-	motion to appoint a permanent custodian within 30 days and the court
199		-	shall set a hearing on such motion within 90 days of the filing of such
200		-	motion.
201		-	(j) If the court enters an order terminating parental rights to a
202		-	child, or an agency has accepted a relinquishment pursuant to K.S.A.
203		-	59-2124, and amendments thereto, the requirements for permanency
204		-	hearings shall continue until an adoption or appointment of a
205		-	permanent custodian or a SOUL family legal permanency custodian has
206		-	been accomplished and court jurisdiction has been terminated. If the
207		-	court determines that reasonable efforts or progress have not been made
208		-	toward finding an adoptive placement or appointment of a permanent
209		-	custodian or a SOUL family legal permanency custodian or placement
210		-	with a fit and willing relative, the court may rescind its prior orders and
211		-	make others regarding custody and adoption that are appropriate under
212		-	the circumstances. Reports of a proposed adoptive placement need not
213		-	contain the identity of the proposed adoptive parents.
	178	+	alternative, the court shall determine whether and, if applicable, when the
	179	+	child will be returned to the parent. The court may rescind any of its prior
	180	+	dispositional orders and enter any dispositional order authorized by this
	181	+	code or may order that a new plan for the reintegration be prepared and
	182	+	submitted to the court. If reintegration cannot be accomplished as
	183	+	approved by the court, the court shall be informed and shall schedule a
	184	+	hearing pursuant to this section. No such hearing is required when the
	185	+	parents voluntarily relinquish parental rights or consent to appointment of
	186	+	a permanent custodian or a SOUL family legal permanency custodian.
	187	+	(i) If the court finds reintegration is no longer a viable alternative, the
	188	+	court shall consider whether: (1) The child is in a stable placement with a
	189	+	relative; (2) services set out in the case plan necessary for the safe return
	190	+	of the child have been made available to the parent with whom
	191	+	reintegration is planned; or (3) compelling reasons are documented in the
	192	+	case plan to support a finding that neither adoption nor appointment of a
	193	+	permanent custodian are in the child's best interest. If reintegration is not a
	194	+	viable alternative and either adoption or appointment of a permanent
	195	+	custodian might be in the best interests of the child, the county or district
	196	+	attorney or the county or district attorney's designee shall file a motion to
	197	+	terminate parental rights or a motion to appoint a permanent custodian
	198	+	within 30 days and the court shall set a hearing on such motion within 90
	199	+	days of the filing of such motion.
	200	+	(j) If the court enters an order terminating parental rights to a child, or
	201	+	an agency has accepted a relinquishment pursuant to K.S.A. 59-2124, and
	202	+	amendments thereto, the requirements for permanency hearings shall
	203	+	continue until an adoption or appointment of a permanent custodian or a
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	247	+	SOUL family legal permanency custodian has been accomplished and
	248	+	court jurisdiction has been terminated. If the court determines that
	249	+	reasonable efforts or progress have not been made toward finding an
	250	+	adoptive placement or appointment of a permanent custodian or a SOUL
	251	+	family legal permanency custodian or placement with a fit and willing
	252	+	relative, the court may rescind its prior orders and make others regarding
	253	+	custody and adoption that are appropriate under the circumstances.
	254	+	Reports of a proposed adoptive placement need not contain the identity of
	255	+	the proposed adoptive parents.
214	256		(k) If permanency with one parent has been achieved without the
215		-	termination of the other parent's rights, the court may, prior to
216		-	~~dismissing~~ the case, enter child custody orders, including residency and
217		-	~~parenting~~ time that the court determines to be in the best interests of the
218		-	~~child. The~~ court shall complete a parenting plan pursuant to K.S.A. 23-
219		-	~~3213, and~~ amendments thereto.
220		-	(1) Before entering a custody order under this subsection, the
221		-	~~court~~ shall inquire whether a custody order has been entered or is
222		-	~~pending in a~~ civil custody case by a court of competent jurisdiction
223		-	~~within the state of~~ Kansas.
	257	+	termination of the other parent's rights, the court may, prior to dismissing
	258	+	the case, enter child custody orders, including residency and parenting
	259	+	time that the court determines to be in the best interests of the child. The
	260	+	court shall complete a parenting plan pursuant to K.S.A. 23-3213, and
	261	+	amendments thereto.
	262	+	(1) Before entering a custody order under this subsection, the court
	263	+	shall inquire whether a custody order has been entered or is pending in a
	264	+	civil custody case by a court of competent jurisdiction within the state of
	265	+	Kansas.
224	266		(2) If a civil custody case has been filed or is pending, a certified
225		-	copy of the custody, residency and parenting time orders shall be filed
226		-	in the civil custody case. The court in the civil custody case may, after
227		-	consultation with the court in the child in need of care case, enter an
228		-	~~order~~ declaring that the custody order in the child in need of care case
229		-	~~shall~~ become the custody order in the civil custody case.
	267	+	copy of the custody, residency and parenting time orders shall be filed in
	268	+	the civil custody case. The court in the civil custody case may, after
	269	+	consultation with the court in the child in need of care case, enter an order
	270	+	declaring that the custody order in the child in need of care case shall
	271	+	become the custody order in the civil custody case.
230	272		(3) A district court, on its own motion or upon the motion of any
231	273		party, may order the consolidation of the child in need of care case with
232	274		any open civil custody case involving the child and both of the child's
233	275		parents. Custody, residency and parenting time orders entered in
234		-	consolidated child in need of care and civil custody cases take
235		-	precedence over any previous orders affecting both parents and the
236		-	child that were entered in the civil custody case regarding the same or
237		-	related issues. Following entry of a custody order in a consolidated
238		-	case, the court shall dismiss the child in need of care case and, if
239		-	necessary, return the civil custody case to the original court having
240		-	jurisdiction over the case.
	276	+	consolidated child in need of care and civil custody cases take precedence
	277	+	over any previous orders affecting both parents and the child that were
	278	+	entered in the civil custody case regarding the same or related issues.
	279	+	Following entry of a custody order in a consolidated case, the court shall
	280	+	dismiss the child in need of care case and, if necessary, return the civil
	281	+	custody case to the original court having jurisdiction over the case.
241	282		(4) If no civil custody case has been filed, the court may direct the
242		-	parties to file a civil custody case and to file the custody orders from
243		-	~~the~~ child in need of care case in that ~~such civil~~ case. Costs of the civil
244		-	~~custody case may~~ be assessed to the parties.
	283	+	parties to file a civil custody case and to file the custody orders from the
	284	+	child in need of care case in that case. Costs of the civil custody case may
	285	+	be assessed to the parties.
245	286		(5) Nothing in this subsection shall operate to expand access to
246	287		information that is confidential under K.S.A. 38-2209, and amendments
247		-	thereto, and the confidentiality of such information shall be preserved
248		-	in all filings in a civil custody case.
	288	+	thereto, and the confidentiality of such information shall be preserved in
	289	+	all filings in a civil custody case.
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	332	+	43 HB 2075 5
249	333		(l) When permanency has been achieved to the satisfaction of the
250		-	court, the court shall enter an order closing the case. HOUSE BILL No. 2075—page 5
251		-	Sec. 3. K.S.A. 2024 Supp. 38-2231 and 38-2264 are hereby
252		-	repealed.
253		-	Sec. 4. This act shall take effect and be in force from and after its
	334	+	court, the court shall enter an order closing the case.
	335	+	Sec. 2. K.S.A. 2024 Supp. 38-2264 is hereby repealed.
	336	+	Sec. 3. This act shall take effect and be in force from and after its
254	337		publication in the statute book.
255		-	I hereby certify that the above BILL originated in the HOUSE, and was
256		-	adopted by that body
257		-
258		-	HOUSE adopted
259		-	Conference Committee Report
260		-
261		-	Speaker of the House.
262		-
263		-	Chief Clerk of the House.
264		-	Passed the SENATE
265		-	as amended
266		-	SENATE adopted
267		-	Conference Committee Report
268		-
269		-	President of the Senate.
270		-
271		-	Secretary of the Senate.
272		-	APPROVED
273		-
274		-
275		-	Governor.
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