Kansas 2025-2026 Regular Session

Kansas House Bill HB2076 Compare Versions

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

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1	1	Session of 2025
2	2	HOUSE BILL No. 2076
3	3	By Committee on Child Welfare and Foster Care
4	4	Requested by Laura Howard, Secretary for Children and Families
5	5	1-23
6	6	AN ACT concerning minors; relating to the revised Kansas code for care
7	7	of children; reducing the number of days that a custodian may be
8	8	authorized by the court to place a child in custody of the secretary in a
9	9	secure facility; eliminating the option for a court to extend the period of
10	10	authorization for a custodian to place a child in custody of the secretary
11	11	in a secure facility; amending K.S.A. 38-2260 and repealing the
12	12	existing section.
13	13	Be it enacted by the Legislature of the State of Kansas:
14	14	Section 1. K.S.A. 38-2260 is hereby amended to read as follows: 38-
15	15	2260. (a) Valid court order. During proceedings under this code, the court
16	16	may enter an order directing a child who is the subject of the proceedings
17	17	to remain in a present or future placement if:
18	18	(1) The child and the child's guardian ad litem are present in court
19	19	when the order is entered;
20	20	(2) the court finds that the child has been adjudicated a child in need
21	21	of care pursuant to K.S.A. 38-2202(d)(6), (d)(7), (d)(8), (d)(9), (d)(10) or
22	22	(d)(12), and amendments thereto, and that the child is not likely to be
23	23	available within the jurisdiction of the court for future proceedings;
24	24	(3) the child and the guardian ad litem receive oral and written notice
25	25	of the consequences of violation of the order; and
26	26	(4) a copy of the written notice is filed in the official case file.
27	27	(b) Application. Any person may file a verified application for
28	28	determination that a child has violated an order entered pursuant to
29	29	subsection (a) and for an order authorizing holding the child in a secure
30	30	facility. The application shall state the applicant's belief that the child has
31	31	violated the order entered pursuant to subsection (a) without good cause
32	32	and the specific facts supporting the allegation.
33	33	(c) Ex parte order. After reviewing the application filed pursuant to
34	34	subsection (b), the court may enter an ex parte order directing that the
35	35	child be taken into custody and held in a secure facility designated by the
36	36	court, if the court finds probable cause that the child violated the court's
37	37	order to remain in placement without good cause. Pursuant to K.S.A. 38-
38	38	2237, and amendments thereto, the order shall be served on the child's
39	39	parents, the child's legal custodian and the child's guardian ad litem.
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75	75	(d) Preliminary hearing. Within 24 hours following a child's being
76	76	taken into custody pursuant to an order issued under subsection (c), the
77	77	court shall hold a preliminary hearing to determine whether the child
78	78	admits or denies the allegations of the application and, if the child denies
79	79	the allegations, to determine whether probable cause exists to support the
80	80	allegations.
81	81	(1) Notice of the time and place of the preliminary hearing shall be
82	82	given orally or in writing to the child's parents, the child's legal custodian
83	83	and the child's guardian ad litem.
84	84	(2) At the hearing, the child shall have the right to a guardian ad litem
85	85	and shall be served with a copy of the application.
86	86	(3) If the child admits the allegations or enters a no contest statement
87	87	and if the court finds that the admission or no contest statement is
88	88	knowledgeable and voluntary, the court shall proceed without delay to the
89	89	placement hearing pursuant to subsection (f).
90	90	(4) If the child denies the allegations, the court shall determine
91	91	whether probable cause exists to hold the child in a secure facility pending
92	92	an evidentiary hearing pursuant to subsection (e). After hearing the
93	93	evidence, if the court finds that: (A) There is probable cause to believe that
94	94	the child has violated an order entered pursuant to subsection (a) without
95	95	good cause; and (B) placement in a secure facility is necessary for the
96	96	protection of the child or to assure the presence of the child at the
97	97	evidentiary hearing pursuant to subsection (e), the court may order the
98	98	child held in a secure facility pending the evidentiary hearing.
99	99	(e) Evidentiary hearing. The court shall hold an evidentiary hearing
100	100	on an application within 72 hours of the child's being taken into custody.
101	101	Notice of the time and place of the hearing shall be given orally or in
102	102	writing to the child's parents, the child's legal custodian and the child's
103	103	guardian ad litem. At the evidentiary hearing, the court shall determine by
104	104	a clear and convincing evidence whether the child has:
105	105	(1) Violated a court order entered pursuant to subsection (a) without
106	106	good cause;
107	107	(2) been provided at the hearing with the rights enumerated in
108	108	subsection (d)(2); and
109	109	(3) been informed of:
110	110	(A) The nature and consequences of the proceeding;
111	111	(B) the right to confront and cross-examine witnesses and present
112	112	evidence;
113	113	(C) the right to have a transcript or recording of the proceedings; and
114	114	(D) the right to appeal.
115	115	(f) Placement. (1) If the child admits violating the order entered
116	116	pursuant to subsection (a) or if, after an evidentiary hearing, the court finds
117	117	that the child has violated such an order, the court shall immediately
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161	161	proceed to a placement hearing. The court may enter an order awarding
162	162	custody of the child to:
163	163	(A) A parent or other legal custodian;
164	164	(B) a person other than a parent or other person having custody, who
165	165	shall not be required to be licensed under article 5 of chapter 65 of the
166	166	Kansas Statutes Annotated, and amendments thereto;
167	167	(C) a youth residential facility; or
168	168	(D) the secretary, if the secretary does not already have legal custody
169	169	of the child.
170	170	(2) The court may authorize the custodian to place the child in a
171	171	secure facility, if the court determines that all other placement options have
172	172	been exhausted or are inappropriate, based upon a written report submitted
173	173	by the secretary, if the child is in the secretary's custody, or submitted by a
174	174	public agency independent of the court and law enforcement, if the child is
175	175	in the custody of someone other than the secretary. The report shall detail
176	176	the behavior of the child and the circumstances under which the child was
177	177	brought before the court and made subject to the order entered pursuant to
178	178	subsection (a).
179	179	(3) For authorizations granted after July 1, 2025, the authorization to
180	180	place the child in a secure facility pursuant to this subsection shall expire
181	181	60 45 days, inclusive of weekend and legal holidays, after its issue. The
182	182	court may grant extensions of such authorization for two additional
183	183	periods, each not to exceed 60 days, upon rehearing pursuant to K.S.A. 38-
184	184	2256, and amendments thereto the issuance of such authorization.
185	185	(g) Payment. The secretary shall only pay for placement and services
186	186	for a child placed in a secure facility pursuant to subsection (f) upon
187	187	receipt of a valid court order authorizing secure care placement.
188	188	(h) Limitations on facilities used. Nothing in this section shall
189	189	authorize placement of a child in an adult jail or lockup.
190	190	(i) Time limits, computation. Except as otherwise specifically
191	191	provided by subsection (f), Saturdays, Sundays, legal holidays, and days
192	192	on which the office of the clerk of the court is not accessible shall not be
193	193	counted in computing any time limit imposed by this section.
194	194	Sec. 2. K.S.A. 38-2260 is hereby repealed.
195	195	Sec. 3. This act shall take effect and be in force from and after its
196	196	publication in the statute book.
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