Kansas House Bill HB2132

Kansas 2025-2026 Regular Session

• Introduced: 1/28/25
• Refer: 1/28/25
• Refer: 2/11/25
• Refer: 2/13/25
• Report Pass: 3/7/25

Caption

Substitute for HB2132 by Committee on Child Welfare and Foster Care - Modifying the definition of neglect in the revised Kansas code for care of children, prohibiting the removal of a child from such child's home due solely to a lack of financial resources, requiring that facts of serious harm demonstrate more than one fact of certain listed facts, determining when a law enforcement officer may or shall take a child into custody and requiring the secretary for children and families to provide means for a law enforcement officer to refer potential cases of abuse or neglect and provide a response to such referrals.

Impact

This bill is poised to have significant implications for child welfare laws in Kansas. By delineating the circumstances under which a child may be removed from a parent's custody, it seeks to prevent arbitrary or discriminatory actions against financially disadvantaged families. Courts will now have to establish that neglect exists beyond economic hardship alone, which may limit the state’s ability to intervene in cases where poverty is present without accompanying risk to the child’s safety or well-being.

Summary

House Bill 2132 addresses modifications to the revised Kansas code for the care of children, particularly focusing on the definition of neglect. The bill proposes that the removal of a child from their home should not solely be based on the lack of financial resources. Notably, it emphasizes that evidence of imminent harm must be demonstrated, requiring multiple factual instances rather than general financial struggles. This approach aims to protect families in economically challenging situations from unjust separation from their children due to poverty-related issues.

Contention

The proposed changes may lead to contentious discussions among lawmakers and child welfare advocates. Proponents argue that this bill strengthens family integrity by ensuring that families are not penalized for economic hardships. However, critics may raise concerns regarding child safety, questioning whether insufficient evidence for neglect could potentially leave vulnerable children in harmful environments. These debates highlight the delicate balance between protecting familial rights and ensuring child safety.