SESSION OF 2025
SUPPLEMENTAL NOTE ON SUBSTITUTE FOR HOUSE
BILL NO. 2132
As Recommended by House Committee on
Child Welfare and Foster Care
Brief*
Sub. for HB 2132 would amend the definition of
“neglect” in the Revised Kansas Code for Care of Children
(CINC Code) and would make changes concerning when the
State may remove a child from the child’s home under the
CINC Code.
Definition of “Neglect”
The bill would make changes to the definition of
“neglect” found in the CINC Code to replace “likelihood of
harm” with “substantial risk of serious harm” to make neglect
under the CINC Code mean “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 presenting a substantial risk of
serious harm, and the acts or omissions are not due solely to
the lack of financial means of the child’s parent, guardian, or
person who is responsible for the care of such child.”
The bill would also add a statement to this definition
clarifying that “the inability to provide for a child due to
inadequate financial resources by a parent, guardian, or
person who is responsible for the care of such child shall not
be considered neglect for such reason alone.”
Continuing law provides neglect may include
circumstances when a parent, guardian, or person
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
https://klrd.gov/ responsible for a child fails to provide items necessary to
sustain life or health of the child, fails to provide adequate
supervision of a child or to remove a child from situations that
results in bodily injury, or fails to use resources available to
treat a diagnosed medical condition. The bill would amend
this language to provide that neglect may be found when
there has been an unreasonable failure or refusal by a parent
in one of the above-mentioned circumstances. The bill would
also replace a reference to “likelihood of harm” with
“substantial risk of serious harm” in this section.
Finally, the definition would add another clarifying
statement that the term “neglect” includes the cumulative
effects of a pattern of conduct, behavior, or inaction on the
part of the parent, guardian, or person who is responsible for
the care of a child.
Child in Need of Care Petition; Removal of Child From
Child’s Home
The bill would amend law concerning what facts must be
specified in a Child in Need of Care (CINC) petition
requesting removal of the child from the child’s home.
Continuing law provides that the petition must 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 harm if not removed from the home. The bill
would replace “is likely to sustain harm” with “there is
substantial risk of serious harm,” and would specify that the
facts demonstrating serious harm could not be based solely
on any one the following factors:
●Community or family poverty;
●Isolation;
●Age of the parent;
●Crowded or inadequate housing;
●Non-felony drug crime without harm;
2- 2132 ●Mental or behavioral health conditions;
●Disability or special needs of the parent or child;
●A finding of non-compliance with compulsory
school attendance; or
●One of the facts listed above, when it is co-
occurring with community or family poverty.
The bill would also specify that including serious harm to
the child in the petition may consider that such harm
outweighs the harm to the child as a result of the requested
removal.
Police Protective Custody
The bill would amend law concerning when a child under
18 may be taken into custody by law enforcement pursuant to
the CINC Code.
Under current law, a law enforcement officer must take a
child under 18 into custody under certain circumstances,
including when the officer reasonably believes the child will
be harmed if not immediately removed from the place or
residence where the child was found. The bill would make
this removal discretionary, require the law enforcement officer
to reasonably believe the child will be seriously harmed if not
removed, and would require the law enforcement officer to
explore other options to separate the child from the source of
harm before removal.
The bill would require the Secretary for Children and
Families (Secretary) to provide an electronic means of
communication for a responding law enforcement officer to
refer a child who may be a victim of abuse or neglect to the
Secretary and would require the Secretary to determine
whether to initiate an investigation of abuse or neglect within
24 hours of the referral.
3- 2132 Factors to Be Considered in Orders for Temporary
Custody
For proceedings filed on and after January 1, 2026, the
bill would require the court to consider the following factors
before making an order for temporary custody of a child
pursuant to the CINC Code:
●Whether the participation by the parents,
guardians, or legal custodians in any prevention
services would prevent or eliminate the need for
removal;
○If so, the court would be required to inquire if
the parent is willing to participate in such
services. The bill would prohibit the court from
ordering participation against a parent’s
objection, but the parent could consult with
counsel prior to making a decision whether to
agree to the proposed prevention services as
a condition of having the child return home or
remain in the care of the parent; and
●Whether issuing a temporary protection order
directing the removal of a person or persons from
the child’s home would prevent the need for
removal of the child.
The bill would specify that if a parent agrees to
participate in court-ordered prevention services that would
prevent or eliminate the need for removal, the court would be
required to place the child with such parent.
The bill would require the Secretary to update agency
policies in compliance with the new factors to be considered
by the court and to submit copies of such policies to the Joint
Committee on Child Welfare System Oversight on or before
January 1, 2026.
4- 2132 Background
The bill was introduced by the House Committee on
Child Welfare and Foster Care at the request of the
Secretary.
House Committee on Child Welfare and Foster Care
In the House Committee hearing, proponent testimony
was provided by the Child Advocate, a private citizen, and
representatives of the Children’s Alliance of Kansas,
Department for Children and Families, Kansas Appleseed
Center for Law and Justice, and Kansas Children’s Service
League. The proponents generally stated the intent of the
legislation is to ensure children are not being removed from
their homes or adjudicated a child in need of care solely due
to poverty.
Written-only proponent testimony was provided by a
representative of Kansas Action for Children and four private
citizens.
Opponent testimony was provided by a representative
of the Kansas Association of Chiefs of Police, Kansas Peace
Officers Association, and Kansas Sheriffs Association, two
representatives of the Kansas County and District Attorneys
Association, the Shawnee County District Attorney, and a
representative of the Shawnee County District Attorney’s
Office. The opponents generally voiced concerns regarding
the State’s ability to remove children living in dangerous
conditions pursuant to the proposed changes to the definition
of neglect.
Written-only opponent testimony was provided by the
Johnson County District Attorney and an 18
th
Judicial District
Court judge.
No other testimony was provided.
5- 2132 On February 11, 2025, the bill was withdrawn from the
House Committee on Child Welfare and Foster Care and
referred to the House Committee on Federal and State
Affairs.
On February 13, 2025, the bill was withdrawn from the
House Committee on Federal and State Affairs and re-
referred to the House Committee on Child Welfare and Foster
Care.
The House Committee on Child Welfare and Foster
Care recommended a substitute bill incorporating
amendments to:
●Modify the definition of “neglect” and update
references to the modified definition throughout the
bill;
●Replace certain references to “imminent harm” with
“substantial risk of serious harm”;
●Remove and replace certain factors that may be
used to demonstrate serious harm in a petition
requesting removal of a child from the home;
●Specify that including serious harm to the child in a
petition may be evidence that the harm outweighs
the harm associated with removal; and
●Clarify that singular facts demonstrating harm in a
petition that would prohibit a child’s removal may
co-occur with community or family poverty.
Fiscal Information
[Note: The fiscal information for HB 2132 is applicable to
the substitute bill.]
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Department for
6- 2132 Children and Families indicates that enactment of the bill
would have no fiscal effect on the agency.
The Office of Judicial Administration indicates that
enactment of the bill could have a fiscal effect on
expenditures of the Judicial Branch. The bill’s provisions
require additional findings and items for the court to consider
in certain cases. Nevertheless, until the courts have had an
opportunity to operate under the provisions of the bill, 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.
Any fiscal effect associated with the bill is not reflected
in The FY 2026 Governor’s Budget Report.
Children and minors; child in need of care; Revised Kansas Code for Care of
Children; abuse or neglect; definitions; police protective custody; removal; child
welfare
7- 2132