Session of 2025
HOUSE BILL No. 2132
By Committee on Child Welfare and Foster Care
Requested by Laura Howard, Secretary for Children and Families
1-28
AN ACT concerning children and minors; relating to the revised Kansas
code for care of children; modifying the definition of neglect;
prohibiting the removal of a child from such child's home due solely to
a lack of financial resources; requiring facts of imminent harm due to a
lack of financial resources demonstrate more than one fact of such lack
of financial resources; allowing the court to consider the participation
of parents in services when determining whether a child shall be
removed from such child's home; amending K.S.A. 2024 Supp. 38-
2202, 38-2234 and 38-2243 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 38-2202 is hereby amended to read as
follows: 38-2202. As used in the revised Kansas code for care of children,
unless the context otherwise indicates:
(a) "Abandon" or "abandonment" means to forsake, desert or, without
making appropriate provision for substitute care, cease providing care for
the child.
(b) "Adult correction facility" means any public or private facility,
secure or nonsecure, that is used for the lawful custody of accused or
convicted adult criminal offenders.
(c) "Aggravated circumstances" means the abandonment, torture,
chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
(d) "Child in need of care" means a person less than 18 years of age
at the time of filing of the petition or issuance of an ex parte protective
custody order pursuant to K.S.A. 38-2242, and amendments thereto, who:
(1) Is without adequate parental care, control or subsistence, and the
condition is not due solely to the lack of financial means of the child's
parents or other custodian;
(2) is without the care or control necessary for the child's physical,
mental or emotional health;
(3) has been physically, mentally or emotionally abused or neglected
or sexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-3421 or 72-3120,
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 HB 2132 2
and amendments thereto;
(7) except in the case of a violation of K.S.A. 41-727, 74-8810(j), 79-
3321(m) or (n), or K.S.A. 21-6301(a)(14), and amendments thereto, or,
except as provided in paragraph (12), does an act which, when committed
by a person under 18 years of age, is prohibited by state law, city
ordinance or county resolution, but which is not prohibited when done by
an adult;
(8) while less than 10 years of age, commits any act that if done by an
adult would constitute the commission of a felony or misdemeanor as
defined by K.S.A. 21-5102, and amendments thereto;
(9) is willfully and voluntarily absent from the child's home without
the consent of the child's parent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a
court ordered or designated placement, or a placement pursuant to court
order, if the absence is without the consent of the person with whom the
child is placed or, if the child is placed in a facility, without the consent of
the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another
person under 18 years of age, who has been physically, mentally or
emotionally abused or neglected, or sexually abused;
(12) while less than 10 years of age commits the offense defined in
K.S.A. 21-6301(a)(14), and amendments thereto;
(13) has had a permanent custodian appointed and the permanent
custodian is no longer able or willing to serve; or
(14) has been subjected to an act that would constitute 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 has committed an
act which, if committed by an adult, would constitute selling sexual
relations, as defined by K.S.A. 21-6419, and amendments thereto.
(e) "Child abuse medical resource center" means a medical institution
affiliated with an accredited children's hospital or a recognized institution
of higher education that has an accredited medical school program with
board-certified child abuse pediatricians who provide training, support,
mentoring and peer review to CARE providers on CARE exams.
(f) "Child abuse review and evaluation exam" or "CARE exam"
means a forensic medical evaluation of a child alleged to be a victim of
abuse or neglect conducted by a CARE provider.
(g) "Child abuse review and evaluation network" or "CARE network"
means a network of CARE providers, child abuse medical resource centers
and any medical provider associated with a child advocacy center that has
the ability to conduct a CARE exam that collaborate to improve services
provided to a child alleged to be a victim of abuse or neglect.
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 2132 3
(h) "Child abuse review and evaluation provider" or "CARE
provider" means a person licensed to practice medicine and surgery,
advanced practice registered nurse or licensed physician assistant who
performs CARE exams of and provides medical diagnosis and treatment to
a child alleged to be a victim of abuse or neglect and who receives:
(1) Kansas-based initial intensive training regarding child
maltreatment from the CARE network;
(2) continuous trainings on child maltreatment from the CARE
network; and
(3) peer review and new provider mentoring regarding medical
evaluations from a child abuse medical resource center.
(i) "Child abuse review and evaluation referral" or "CARE referral"
means a brief written review of allegations of physical abuse, emotional
abuse, medical neglect or physical neglect submitted by the secretary or
law enforcement agency to a child abuse medical resource center for a
recommendation of such child's need for medical care that may include a
CARE exam.
(j) "Citizen review board" is a group of community volunteers
appointed by the court and whose duties are prescribed by K.S.A. 38-2207
and 38-2208, and amendments thereto.
(k) "Civil custody case" includes any case filed under chapter 23 of
the Kansas Statutes Annotated, and amendments thereto, the Kansas
family law code, article 11 of chapter 38 of the Kansas Statutes Annotated,
and amendments thereto, determination of parentage, article 21 of chapter
59 of the Kansas Statutes Annotated, and amendments thereto, adoption
and relinquishment act, or article 30 of chapter 59 of the Kansas Statutes
Annotated, and amendments thereto, guardians and conservators.
(l) "Court-appointed special advocate" means a responsible adult
other than an attorney guardian ad litem who is appointed by the court to
represent the best interests of a child, as provided in K.S.A. 38-2206, and
amendments thereto, in a proceeding pursuant to this code.
(m) "Custody" whether temporary, protective or legal, means the
status created by court order or statute that vests in a custodian, whether an
individual or an agency, the right to physical possession of the child and
the right to determine placement of the child, subject to restrictions placed
by the court.
(n) "Extended out of home placement" means a 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 at which a child in the
custody of the secretary was removed from the child's home.
(o) "Educational institution" means all schools at the elementary and
secondary levels.
(p) "Educator" means any administrator, teacher or other professional
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 2132 4
or paraprofessional employee of an educational institution who has
exposure to a pupil specified in K.S.A. 72-6143(a), and amendments
thereto.
(q) "Harm" means physical or psychological injury or damage.
(r) "Interested party" means the grandparent of the child, a person
with whom the child has been living for a significant period of time when
the child in need of care petition is filed, and any person made an
interested party by the court pursuant to K.S.A. 38-2241, and amendments
thereto, or Indian tribe seeking to intervene that is not a party.
(s) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an adult
jail or lockup, unless the facility meets all applicable standards and
licensure requirements under law and there is: (A) Total separation of the
juvenile and adult facility spatial areas such that there could be no
haphazard or accidental contact between juvenile and adult residents in the
respective facilities; (B) total separation in all juvenile and adult program
activities within the facilities, including recreation, education, counseling,
health care, dining, sleeping and general living activities; and (C) separate
juvenile and adult staff, including management, security staff and direct
care staff such as recreational, educational and counseling.
(t) "Juvenile detention facility" means any secure public or private
facility used for the lawful custody of accused or adjudicated juvenile
offenders that must not be a jail.
(u) "Juvenile intake and assessment worker" means a responsible
adult authorized to perform intake and assessment services as part of the
intake and assessment system established pursuant to K.S.A. 75-7023, and
amendments thereto.
(v) "Kinship care placement" means the placement of a child in the
home of an adult with whom the child or the child's parent already has
close emotional ties.
(w) "Kinship caregiver" means an adult who the secretary has
selected for placement for a child in need of care with whom the child or
the child's parent already has close emotional ties.
(x) "Law enforcement officer" means any person who by virtue of
office or public employment is vested by law with a duty to maintain
public order or to make arrests for crimes, whether that duty extends to all
crimes or is limited to specific crimes.
(y) "Multidisciplinary team" means a group of persons, appointed by
the court under K.S.A. 38-2228, and amendments thereto, that has
knowledge of the circumstances of a child in need of care.
(z) "Neglect" means acts or omissions by a parent, guardian or person
who is responsible for the care of a child resulting in harm to a child, or
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 2132 5
presenting a likelihood of harm, and the acts or omissions are not due
solely to the lack of financial means of the child's parents, guardian or
other custodian person who is responsible for the care of such child. The
inability to provide for a child by a parent, guardian or person who is
responsible for the care of such child due to inadequate financial
resources thereof shall not be considered neglect for such reason alone.
Neglect may include, but shall not be limited to:
(1) FailureRefusal to provide the child with food, clothing or shelter
necessary to sustain the life or health of the child when the parent,
guardian or person responsible for the care of such child is otherwise
financially able to provide such care or offered financial or other
reasonable resources to provide such care;
(2) failurerefusal to provide adequate supervision of a child or to
remove a child from a situation that requires judgment or actions beyond
the child's level of maturity, physical condition or mental abilities and that
results in bodily injury or a likelihood of harm to the child; or
(3) failurerefusal to use resources available to treat a diagnosed
medical condition, if such treatment will make a child substantially more
comfortable, reduce pain and suffering, or correct or substantially diminish
a crippling condition from worsening. A parent legitimately practicing
religious beliefs who does not provide specified medical treatment for a
child because of religious beliefs shall, not for that reason, be considered a
negligent parent; however,. This exception shall not preclude a court from
entering an order pursuant to K.S.A. 38-2217(a)(2), and amendments
thereto.
(aa) "Parent" when used in relation to a child or children, includes a
guardian and every person who is by law liable to maintain, care for or
support the child.
(bb) "Party" means the state, the petitioner, the child, any parent of
the child and an Indian child's tribe intervening pursuant to the Indian
child welfare act.
(cc) "Permanency goal" means the outcome of the permanency
planning process, which may be reintegration, adoption, appointment of a
permanent custodian, establishment of SOUL family legal permanency or
another planned permanent living arrangement.
(dd) "Permanent custodian" means a judicially approved permanent
guardian of a child pursuant to K.S.A. 38-2272, and amendments thereto.
(ee) "Physical, mental or emotional abuse" means the infliction of
physical, mental or emotional harm or the causing of a deterioration of a
child and may include, but shall not be limited to, maltreatment or
exploiting a child to the extent that the child's health or emotional well-
being is endangered.
(ff) "Placement" means the designation by the individual or agency
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 2132 6
having custody of where and with whom the child will live.
(gg) "Qualified residential treatment program" means a program
designated by the secretary for children and families as a qualified
residential treatment program pursuant to federal law.
(hh) "Reasonable and prudent parenting standard" means the standard
characterized by careful and sensible parental decisions that maintain the
health, safety and best interests of a child while at the same time
encouraging the emotional and developmental growth of the child, that a
caregiver shall use when determining whether to allow a child in foster
care under the responsibility of the state to participate in extracurricular,
enrichment, cultural and social activities.
(ii) "Relative" means a person related by blood, marriage or adoption.
(jj) "Runaway" means a child who is willfully and voluntarily absent
from the child's home without the consent of the child's parent or other
custodian.
(kk) "Secretary" means the secretary for children and families or the
secretary's designee.
(ll) "Secure facility" means a facility, other than a staff secure facility
or juvenile detention facility, that is operated or structured so as to ensure
that all entrances and exits from the facility are under the exclusive control
of the staff of the facility, whether or not the person being detained has
freedom of movement within the perimeters of the facility, or that relies on
locked rooms and buildings, fences or physical restraint in order to control
behavior of its residents. No secure facility shall be in a city or county jail.
(mm) "Sexual abuse" means any contact or interaction with a child in
which the child is being used for the sexual stimulation of the perpetrator,
the child or another person. Sexual abuse shall include, but is not limited
to, allowing, permitting or encouraging a child to:
(1) Be photographed, filmed or depicted in pornographic material; or
(2) be subjected to aggravated human trafficking, as defined in
K.S.A. 21-5426(b), and amendments thereto, if committed in whole or in
part for the purpose of the sexual gratification of the offender or another,
or be subjected to an act that would constitute conduct proscribed by
article 55 of chapter 21 of the Kansas Statutes Annotated or K.S.A. 21-
6419 or 21-6422, and amendments thereto.
(nn) "Shelter facility" means any public or private facility or home,
other than a juvenile detention facility or staff secure facility, that may be
used in accordance with this code for the purpose of providing either
temporary placement for children in need of care prior to the issuance of a
dispositional order or longer term care under a dispositional order.
(oo) "Support, opportunity, unity, legal relationships family legal
permanency" or "SOUL family legal permanency" means the appointment
of one or more adults, approved by a child who is 16 years of age or older
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 2132 7
and the subject of a child in need of care proceeding, pursuant to K.S.A.
38-2272a, and amendments thereto.
(pp) "Staff secure facility" means a facility described in K.S.A. 65-
535, and amendments thereto: (1) That does not include construction
features designed to physically restrict the movements and activities of
juvenile residents who are placed therein; (2) that may establish reasonable
rules restricting entrance to and egress from the facility; and (3) in which
the movements and activities of individual juvenile residents may, for
treatment purposes, be restricted or subject to control through the use of
intensive staff supervision. No staff secure facility shall be in a city or
county jail.
(qq) "Transition plan" means, when used in relation to a youth in the
custody of the secretary, an individualized strategy for the provision of
medical, mental health, education, employment and housing supports as
needed for the adult and, if applicable, for any minor child of the adult, to
live independently and specifically provides for the supports and any
services for which an adult with a disability is eligible, including, but not
limited to, funding for home and community based services waivers.
(rr) "Youth residential facility" means any home, foster home or
structure that provides 24-hour-a-day care for children and that is licensed
pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and
amendments thereto.
(ss) "Behavioral health crisis" means behavioral and conduct issues
that impact the safety or health of a child, members of the child's
household or family or members of the community, including, but not
limited to, non-life threatening mental health and substance abuse
concerns.
Sec. 2. K.S.A. 2024 Supp. 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
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 2132 8
______________."
(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
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 the child.
(7) (A) 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 imminent harm if not removed from the
home. Such facts specified shall show a causal relationship between the
particular conditions in the home and imminent harm to the child. Facts
demonstrating imminent harm shall not include any of the following
alone:
(i) Community or family poverty;
(ii) isolation;
(iii) age of the parent;
(iv) crowded or inadequate housing;
(v) substance abuse;
(vi) prenatal drug or alcohol exposure;
(vii) mental or behavioral health conditions;
(viii) disability or special needs of the parent or child; or
(ix) a finding of noncompliance with compulsory school attendance
pursuant to K.S.A. 72-1113, and amendments thereto.
(B) Including imminent harm to the child in such petition shall show
that such harm outweighs the harm to the child as a result of such
requested removal.
(8) The petition shall have an attached copy of the prevention plan, if
any, that has been prepared for the child.
(9) The petition shall contain the following statement: "If you do not
appear in court the court will be making decisions without your input,
which could result in:
(A) The permanent or temporary removal of the child from the
custody of the parent or present legal guardian;
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 2132 9
(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;
(D) the appointment of a SOUL family legal permanency custodian
for the child; and
(E) 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) 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. 3. K.S.A. 2024 Supp. 38-2243 is hereby amended to read as
follows: 38-2243. (a) Upon notice and hearing, the court may issue an
order directing who shall have temporary custody and may modify the
order during the pendency of the proceedings as will best serve the child's
welfare.
(b) A hearing pursuant to this section shall be held within 72 hours,
excluding Saturdays, Sundays, legal holidays, and days on which the
office of the clerk of the court is not accessible, following a child having
been taken into protective custody.
(c) Whenever it is determined that a temporary custody hearing is
required, the court shall immediately set the time and place for the hearing.
Notice of a temporary custody hearing shall be given to all parties and
interested parties.
(d) Notice of the temporary custody hearing shall be given at least 24
hours prior to the hearing. The court may continue the hearing to afford the
24 hours prior notice or, with the consent of the party or interested party,
proceed with the hearing at the designated time. If an order of temporary
custody is entered and the parent or other person having custody of the
child has not been notified of the hearing, did not appear or waive
appearance and requests a rehearing, the court shall rehear the matter
without unnecessary delay.
(e) Oral notice may be used for giving notice of a temporary custody
hearing where there is insufficient time to give written notice. Oral notice
is completed upon filing a certificate of oral notice.
(f) Subject to subsection (g), the court may enter an order of
temporary custody after determining that there is probable cause to believe
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 2132 10
that the:
(1) Child is dangerous to self or to others;
(2) child is not likely to be available within the jurisdiction of the
court for future proceedings;
(3) health or welfare of the child may be endangered without further
care;
(4) 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;
(5) child is experiencing a behavioral health crisis and is in need of
treatment; or
(6) child committed an act which, if committed by an adult, would
constitute a violation of K.S.A. 21-6419, and amendments thereto.
(g) (1) If the court determines that there is probable cause under
subsection (f), before entering an order of temporary custody, the court
shall further consider the following:
(A) Whether participation by the parents, guardians or legal
custodians in any prevention services would prevent or eliminate the need
for removal, and if so, the court shall inquire from the parent if such
parent is willing to participate in such services. The court shall not order
a parent to participate in prevention services over the objection of such
parent, except that a parent shall have the opportunity to consult with
counsel prior to deciding whether to agree to proposed prevention services
as a condition of having the child return to or remain in the care of the
parent; and
(B) whether the issuance of the temporary order of protection
directing the removal of a person or persons from the child's residence
would prevent the need for removal of the child.
(2) If the parent agrees to participate in prevention services identified
by the court under this subsection that would prevent or eliminate the need
for removal, the court shall place the child with such parent.
(h) (1) Whenever the court determines the necessity for an order of
temporary custody the court may place the child in the temporary custody
of:
(A) A parent or other person having custody of the child and may
enter a restraining order pursuant to subsection (h)(i);
(B) a person, other than the parent or other person having custody,
who shall not be required to be licensed under article 5 of chapter 65 of the
Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of law,
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 2132 11
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, if
committed by an adult, would constitute a violation of K.S.A. 21-6419,
and amendments thereto;
(F) after written authorization by a community mental health center, a
juvenile crisis intervention center, as described in K.S.A. 65-536, and
amendments thereto; or
(G) the secretary, 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.
(2) If the secretary presents the court with a plan to provide services
to a child or family which that the court finds will assure the safety of the
child, the court may only place the child in the temporary custody of the
secretary until the court finds the services are in place. The court shall
have the authority to require any person or entity agreeing to participate in
the plan to perform as set out in the plan. When the child is placed in the
temporary custody of the secretary, the secretary shall have the
discretionary authority to place the child with a parent or to make other
suitable placement for the child. When the child is placed in the temporary
custody of the secretary and 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, if committed by an adult, would constitute a
violation of K.S.A. 21-6419, and amendments thereto, the secretary shall
have the discretionary authority to place the child in a staff secure facility,
notwithstanding any other provision of law. When the child is presently
alleged, but not yet adjudicated to be a child in need of care solely
pursuant to K.S.A. 38-2202(d)(9) or (d)(10), and amendments thereto, the
child may be placed in a secure facility, but the total amount of time that
the child may be held in such facility under this section and K.S.A. 38-
2242, and amendments thereto, shall not exceed 24 hours, excluding
Saturdays, Sundays, legal holidays, and days on which the office of the
clerk of the court is not accessible. The order of temporary custody shall
remain in effect until modified or rescinded by the court or an adjudication
order is entered but not exceeding 60 days, unless good cause is shown
and stated on the record.
(h)(i) If the court issues an order of temporary custody, the court may
also enter an order restraining any alleged perpetrator of physical, sexual,
mental or emotional abuse of the child from residing in the child's home;
visiting, contacting, harassing or intimidating the child; or attempting to
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 2132 12
visit, contact, harass or intimidate the child, other family members or
witnesses. 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.
(i)(j) (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:
(A) (i) The child is likely to sustain harm if not immediately removed
from the home;
(ii) allowing the child to remain in home is contrary to the welfare of
the child; or
(iii) immediate placement of the child is in the best interest of the
child; and
(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 the child.
(2) Such findings shall be included in any order entered by the court.
If the child is placed in the custody of the secretary, upon making the order
the court shall provide the secretary with a written copy.
(j)(k) If the court enters an order of temporary custody that provides
for placement of the child with a person other than the parent, the court
shall make a child support determination pursuant to K.S.A. 38-2277, and
amendments thereto.
(k)(l) For the purposes of this section, "harassing or intimidating" and
"harass or intimidate" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to determine
the targeted person's location, movement or travel patterns.
Sec. 4. K.S.A. 2024 Supp. 38-2202, 38-2234 and 38-2243 are hereby
repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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