Session of 2025
HOUSE BILL No. 2175
By Committee on Child Welfare and Foster Care
Requested by Representative Howerton
1-30
AN ACT concerning children and minors, relating to the revised Kansas
code for care of children; requiring that notification of a parent's rights
be provided to parents of a child who is the subject of an investigation
of abuse or neglect or has been removed from the home by a law
enforcement officer; providing for an agreement between the secretary
and a parent of a child when a child is removed from the home during
an investigation of abuse or neglect; requiring the secretary to complete
a written report when an investigation is closed; allowing a parent to
withhold certain information unless otherwise ordered by a court;
amending K.S.A. 38-2217 and 38-2229 and K.S.A. 2024 Supp. 38-
2226 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The secretary for children and families or a law
enforcement officer shall provide a written and verbal notification to a
parent of a child upon first contact with such parent when the secretary has
received a report of abuse or neglect of such child and has decided to open
an investigation related to such report or a law enforcement officer has
taken such child into custody pursuant to K.S.A. 38-2231, and
amendments thereto.
(b) The notification provided to a parent as required by subsection (a)
shall include:
(1) A written summary that:
(A) Is brief and easily understood;
(B) is written or read aloud in a language that such parent
understands; and
(C) contains the following information:
(i) The secretary's procedures for conducting an investigation of child
abuse or neglect, including:
(a) A description of the circumstances under which the secretary
would request the court to remove a child from the home;
(b) an explanation that the law requires, when appropriate under
K.S.A. 38-2226, and amendments thereto, a joint effort to be conducted by
the secretary and the appropriate law enforcement agency that may result
in criminal investigations or charges; and
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(c) an explanation that any statement or admission made by the parent
to anyone or publicly through electronic means may be used against such
parent in criminal or child in need of care proceedings;
(ii) the parent's right to file a complaint with the secretary;
(iii) the ability to request a review of files subject to K.S.A. 38-2210
and 38-2211, and amendments thereto;
(iv) the parent's right to review all records of the investigation unless
the review would jeopardize an ongoing criminal investigation or the
child's safety, pursuant to section 3, and amendments thereto;
(v) the parent's right to seek legal counsel;
(vi) references to this code and rules and regulations governing child
abuse and neglect and how the parent may obtain copies of such code and
rules and regulations;
(vii) how the parent may access a child that has been removed from
the home;
(viii) the same information provided verbally under paragraph (2);
and
(ix) a description of the allegations that the secretary is investigating;
and
(D) encourages the parent to document each contact with the
secretary or child that is related to the investigation, including paperwork
and electronic communications;
(2) a verbal notification to the parent of such parent's right to:
(A) Not speak with the secretary without legal counsel being present;
(B) receive assistance from an attorney;
(C) have a court-appointed attorney if:
(i) The parent is indigent; and
(ii) the secretary seeks a court order for protective custody pursuant
to K.S.A. 38-2242, and amendments thereto, or removal of a child from
the home;
(D) record any interaction or interview, with the understanding that
the recording may be subject to disclosure to the secretary, law
enforcement agency or another party under a court order;
(E) refuse to allow the secretary to enter the home or interview the
child without a court order pursuant to K.S.A. 38-2229, and amendments
thereto;
(F) have legal counsel present before allowing the secretary to enter
the parent's home or interview the child;
(G) withhold any medical or mental health records of the parent or
child, unless disclosure of such records is ordered by a court pursuant to
K.S.A. 38-2217, and amendments thereto;
(H) withhold any medical or psychological examination of the child,
unless such examination is ordered by a court;
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(I) refuse to submit to a drug test; and
(J) consult with legal counsel prior to entering into any agreement
pursuant to section 2, amendments thereto; and
(3) if the secretary determines that removal of the child may be
warranted, a written proposed child placement resources form, developed
in a form and manner by the secretary to comply with this paragraph, that:
(A) Instructs the parent to return the form to the secretary after
identifying:
(i) At least three individuals who are a relative or potential kinship
caregiver; and
(ii) any adult, particularly an adult residing in the child's community,
who could be a relative or potential kinship caregiver for the child as
identified by the child, if developmentally appropriate;
(B) includes instructions regarding where to submit such form that is
available 24 hours a day, either in person or by electronic means; and
(C) includes information regarding when background checks may be
conducted and completed during the investigation process.
(c) The secretary shall document in the child's agency file that the
verbal notification required by subsection (b)(2) was provided to the
parent.
(d) The secretary shall develop and adopt a form for the purpose of
verifying that the parent received the written summary and verbal
notification required by this section. The secretary shall provide a copy of
such form to such parent or such parent's attorney, if represented by an
attorney.
(e) If a parent does not receive the written summary and verbal
notification required by this section, any information obtained from the
parent and any other information that would not have been discovered
without such information shall not be admissible for use against the parent
in any civil proceeding.
(f) The secretary shall develop the necessary materials to comply with
this section and provide such materials to law enforcement agencies for
such agencies to use to comply with this section.
(g) The secretary shall post on a publicly accessible website the
written summary and verbal notification that is required by this section to
be provided to parents.
(h) This section shall be a part of and supplemental to the Kansas
revised code for care of children.
New Sec. 2. (a) When a child has been removed from the home by a
law enforcement officer or an emergency court order during an
investigation of abuse or neglect by the secretary or a parent is receiving
services from the secretary, such parent may enter into an agreement with
the secretary. Such agreement shall be included in the child's case plan and
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include the following:
(1) The respective duties of such parent and the secretary during the
investigation of abuse or neglect;
(2) the conditions under which the parent may have access to the
child, including how often the parent may visit or communicate with the
child and the circumstances under which the parent's visits or
communications may occur;
(3) subject to subsections (f), (g) and (h), the date when the
agreement will terminate unless the investigation has terminated at a date
earlier than 30 days from the date that the agreement is executed or the
agreement has been extended to a subsequent date as agreed upon between
the parent and the secretary; and
(4) any other terms that the secretary determines are necessary for the
safety and welfare of the child.
(b) An agreement under this section shall contain the following
statement in boldface type and capital letters in the parent's preferred
language: "YOUR AGREEMENT IS NOT AN ADMISSION OF CHILD
ABUSE OR NEGLECT ON YOUR PART AND CANNOT BE USED
AGAINST YOU AS AN ADMISSION OF CHILD ABUSE OR
NEGLECT.
THIS AGREEMENT IS ENTIRELY VOLUNTARY. THE
AGREEMENT SHALL NOT LAST LONGER THAN 30 DAYS. THE
AGREEMENT MAY BE RENEWED NOT MORE THAN TWO TIMES
AND FOR NOT MORE THAN 30 DAYS EACH TIME."
(c) An agreement shall be in writing and signed by the parent entering
into the agreement with the secretary. The secretary shall provide a written
copy of such signed agreement to such parent.
(d) Before entering into the agreement, the secretary shall notify the
parent of such parent's right to consult with an attorney and provide a
reasonable time for such parent to perform such consultation.
(e) An initial agreement shall terminate on the 30
th
day after the date
that such agreement is signed.
(f) Upon the expiration of an agreement, the secretary may for good
cause enter into not more than two additional agreements related to the
same investigation. Upon the parties entering into an additional agreement
under this subsection, the secretary shall:
(1) Reevaluate the terms and conditions of the original agreement;
and
(2) notify the parent of their right to:
(A) Refuse to enter into the agreement; and
(B) be represented by an attorney or a court-appointed attorney if:
(i) The parent is indigent; and
(ii) the secretary subsequently seeks a court order to require the
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parent to participate in services.
(g) An additional agreement provided by subsection (f) shall
automatically terminate on the 30
th
day after the date that such agreement
is signed.
(h) This subsection shall not be construed to affect any other
agreements that may be entered into between the secretary and a parent.
(i) Before closing an investigation that relates to an agreement
described in this section, the secretary shall develop a plan with the parent
who entered into the agreement for the safe return of the child to the parent
or to another person who is legally entitled to possession of the child, as
appropriate.
(j) This section shall be a part of and supplemental to the Kansas
revised code for care of children.
Sec. 3. K.S.A. 38-2217 is hereby amended to read as follows: 38-
2217. (a) Physical or mental care and treatment. (1) When a child less
than 18 years of age is alleged to have been physically, mentally or
emotionally abused or neglected or sexually abused and is in the custody
of the secretary, no consent shall be required to medically examine the
child to determine whether the child has been abused or neglected. Unless
the child is alleged or suspected to have been abused by the parent or
guardian, the investigating officer shall notify or attempt to notify the
parent or guardian of the medical examination of the child.
(2) When the health or condition of a child who is subject to
jurisdiction of the court requires it, the court may consent to the
performing and furnishing of hospital, medical, surgical or dental
treatment or procedures, including the release and inspection of medical or
dental records. A child, or parent of any child, who is opposed to certain
medical procedures authorized by this subsection may request an
opportunity for a hearing thereon before the court. Subsequent to the
hearing, the court may limit the performance of matters provided for in
this subsection or may authorize the performance of those matters subject
to terms and conditions the court considers proper.
(3) The custodian or agent of the custodian is the personal
representative for the purpose of consenting to disclosure of otherwise
protected health information and may give consent to the following:
(A) Dental treatment for the child by a licensed dentist;
(B) diagnostic examinations of the child, including, but not limited
to, the withdrawal of blood or other body fluids, x-rays and other
laboratory examinations;
(C) releases and inspections of the child's medical history records;
(D) immunizations for the child;
(E) administration of lawfully prescribed drugs to the child;
(F) examinations of the child, including, but not limited to, the
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withdrawal of blood or other body fluids or tissues for the purpose of
determining the child's parentage; and
(G) subject to limitations in K.S.A. 59-3075(e)(4), (5) and (6), and
amendments thereto, medical or surgical care determined by a physician
person licensed to practice medicine and surgery by the state board of
healing arts to be necessary for the welfare of such child, if the parents are
not available or refuse to consent.
(4) When the court has adjudicated a child to be in need of care, the
custodian or an agent designated by the custodian is the personal
representative for the purpose of consenting to disclosure of otherwise
protected health information and shall have authority to consent to the
performance and furnishing of hospital, medical, surgical or dental
treatment or procedures or mental care or treatment other than inpatient
treatment at a state psychiatric hospital, including the release and
inspection of medical or hospital records, subject to terms and conditions
the court considers proper and subject to the limitations of K.S.A. 59-3075
(e)(4), (5) and (6), and amendments thereto.
(5) Any health care healthcare provider who in good faith renders
hospital, medical, surgical, mental or dental care or treatment to any child
or discloses protected health information as authorized by this section shall
not be liable in any civil or criminal action for failure to obtain consent of
a parent.
(6) Nothing in this section shall be construed to mean that any person
shall be relieved of legal responsibility to provide care and support for a
child.
(7) (A) If a parent does not consent to the release of the child's prior
medical, psychological or psychiatric records or to a medical,
psychological or psychiatric examination of the child or other medical
procedure as requested by the secretary and the court has probable cause
to believe that releasing such records or conducting such an examination
of the child or other medical procedure is necessary to protect such child
from abuse or neglect, then the court shall order such records to be
released or examination or procedure to be conducted at a time and place
designated by the court.
(B) The court shall not issue an order or conduct a hearing under
this section ex parte, unless the court has probable cause to believe that
conducting a full hearing would endanger or harm the physical health or
safety of the child.
(C) A court order described in this paragraph shall include written
findings of fact whether evidence is sufficient to support an order issued.
(D) Upon the request of a party of an action initiated under this
section, the court shall provide a copy of an order rendered under this
section to such party.
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(b) Care and treatment requiring court action. (1) If it is brought to
the court's attention, while the court is exercising jurisdiction over the
person of a child under this code, that the child may be a mentally ill
person as defined in K.S.A. 59-2946, and amendments thereto, or a person
with an alcohol or substance abuse problem as defined in K.S.A. 59-
29b46, and amendments thereto, the court may:
(1)(A) Direct or authorize the county or district attorney or the person
supplying the information to file the petition provided for in K.S.A. 59-
2957, and amendments thereto, and proceed to hear and determine the
issues raised by the application as provided in the care and treatment act
for mentally ill persons or the petition provided for in K.S.A. 59-29b57,
and amendments thereto, and proceed to hear and determine the issues
raised by the application as provided in the care and treatment act for
persons with an alcohol or substance abuse problem; or
(2)(B) authorize that the child seek voluntary admission to a treatment
facility as provided in K.S.A. 59-2949, and amendments thereto, or K.S.A.
59-29b49, and amendments thereto.
(2) The application to determine whether the child is a mentally ill
person or a person with an alcohol or substance abuse problem may be
filed in the same proceedings as the petition alleging the child to be a child
in need of care, or may be brought in separate proceedings. In either event,
the court may enter an order staying any further proceedings under this
code until all proceedings have been concluded under the care and
treatment act for mentally ill persons or the care and treatment act for
persons with an alcohol or substance abuse problem.
Sec. 4. K.S.A. 2024 Supp. 38-2226 is hereby amended to read as
follows: 38-2226. (a) Investigation for child abuse or neglect. The
secretary and law enforcement officers shall have the duty to receive and
investigate reports of child abuse or neglect for the purpose of determining
whether the report is valid and whether action is required to protect a
child. Any person or agency which that maintains records relating to the
involved child which that are relevant to any investigation conducted by
the secretary or law enforcement agency under this code shall provide the
secretary or law enforcement agency with the necessary records to assist in
investigations. In order to provide such records, the person or agency
maintaining the records shall receive from the secretary or law
enforcement:
(1) A written request for information; and
(2) a written notice that the investigation is being conducted by the
secretary or law enforcement. If the secretary and such officers determine
that no action is necessary to protect the child but that a criminal
prosecution should be considered, such law enforcement officers shall
make a report of the case to the appropriate law enforcement agency.
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(b) Joint investigations. When a report of child abuse or neglect
indicates: (1) That there is serious physical harm to, serious deterioration
of or sexual abuse of the child; and (2) that action may be required to
protect the child, the investigation shall be conducted as a joint effort
between the secretary and the appropriate law enforcement agency or
agencies, with a free exchange of information between them pursuant to
K.S.A. 38-2210, and amendments thereto. If a statement of a suspect is
obtained by either agency, a copy of the statement shall be provided to the
other.
(c) Investigation of certain cases. Suspected child abuse or neglect
which that occurs in an institution operated by the Kansas department of
corrections shall be investigated by the attorney general or secretary of
corrections. Any suspected child abuse or neglect in an institution operated
by the Kansas department for aging and disability services, or by persons
employed by the Kansas department for aging and disability services or
the Kansas department for children and families, or of children of persons
employed by either department, shall be investigated by the appropriate
law enforcement agency.
(d) Coordination of investigations by county or district attorney. If a
dispute develops between agencies investigating a reported case of child
abuse or neglect, the appropriate county or district attorney shall take
charge of, direct and coordinate the investigation.
(e) Investigations concerning certain facilities. Any investigation
involving a facility subject to licensing or regulation by the secretary of
health and environment shall be promptly reported to the state secretary of
health and environment.
(f) Cooperation between agencies. Law enforcement agencies and the
secretary shall assist each other in taking action which that is necessary to
protect a child regardless of which agency conducted the initial
investigation.
(g) Cooperation between school personnel and investigative
agencies. (1) Educational institutions, the secretary and law enforcement
agencies shall cooperate with each other in the investigation of reports of
suspected child abuse or neglect. The secretary and law enforcement
agencies shall have access to a child in a setting designated by school
personnel on the premises of an educational institution. Attendance at an
interview conducted on such premises shall be at the discretion of the
agency conducting the interview, giving consideration to the best interests
of the child. To the extent that safety and practical considerations allow,
law enforcement officers on such premises for the purpose of investigating
a report of suspected child abuse or neglect shall not be in uniform.
(2) The secretary or a law enforcement officer may request the
presence of school personnel during an interview if the secretary or officer
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determines that the presence of such person might provide comfort to the
child or facilitate the investigation.
(h) Visual observation required. As part of any investigation
conducted pursuant to this sectionWhen the secretary or law enforcement
opens an investigation of abuse or neglect, the secretary or the law
enforcement agency, or such agency's designee, that is conducting the
investigation shall, as soon as possible, visually observe the child who is
the alleged victim of abuse or neglect. In the case of a joint investigation
conducted pursuant to subsection (b), the secretary and the investigating
law enforcement agency, or the designees of the secretary and such
agency, shall both visually observe the child who is the alleged victim of
abuse or neglect. All investigation reports shall include the date, time and
location of any visual observation of a child that is required by this
subsection.
(i) Child abuse review and evaluation referrals. (1) Upon
investigation by law enforcement or assignment by the secretary of any
investigation of physical abuse or physical neglect conducted pursuant to
this section that concerns a child five years of age or younger, the
secretary, the law enforcement agency or the agency's designee shall make
a CARE referral for such child.
(2) In any other investigation of physical abuse, emotional abuse,
medical neglect or physical neglect conducted pursuant to this section, the
secretary, the law enforcement agency or the agency's designee may make
a CARE referral for such child.
(j) Report required for closed investigations. When the secretary
determines that an investigation shall be closed, whether such
investigation results in a referral to the county or district attorney, the
secretary shall make a complete written report of the investigation
conducted and findings of such investigation. Such report shall be
included in the file of the child who is the subject of the investigation.
Sec. 5. K.S.A. 38-2229 is hereby amended to read as follows: 38-
2229. (a) (1) A person shall not interfere with an investigation of child
abuse or neglect being conducted under this code.
(2) If the secretary is denied access to the child who is the subject of
an investigation in the home, school or other place and the court
determines there is probable cause to believe that access is necessary to
protect the child from abuse or neglect, the court shall order that the
secretary be granted access to the child to interview, examine and
investigate, except that the secretary may have access to the child when
the secretary:
(A) Has probable cause to believe the child has been harmed;
(B) has probable cause to believe that the child is a missing person
or a verified missing person entry for the child can be found in the
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national crime information center missing person system;
(C) reasonably believes the child is a victim of human trafficking,
aggravated human trafficking or commercial sexual exploitation of a
child; or
(D) reasonably believes the child is experiencing a behavioral health
crisis and is likely to cause harm to self or others.
(3) (A) The court shall not issue an order or conduct a hearing under
this section ex parte unless the court has probable cause to believe that
conducting a full hearing would endanger or harm the physical health or
safety of the child.
(B) A court order described by paragraph (2) shall include written
findings of fact whether evidence is sufficient to support an order issued.
(C) Upon the request of a party to a proceeding initiated under this
section, the court shall provide a copy of an order issued under this
section to such party.
(b) (1) The secretary, a law enforcement officer, or a multidisciplinary
team appointed pursuant to K.S.A. 38-2228, and amendments thereto, may
request disclosure of documents, reports or information in regard to a
child, who is the subject of a report of abuse or neglect, by making a
written verified application to the district court. Upon a finding by the
court that there is probable cause to believe the information sought will
assist in the investigation of a report of child abuse or neglect, the court
may issue a subpoena, subpoena duces tecum or an order for the
production of the requested documents, reports or information and
directing the documents, reports or information to be delivered to the
applicant at a specific time, date and place.
(b)(2) The time and date of delivery shall not be sooner than five days
after the service of the subpoena or order, excluding Saturdays, Sundays,
holidays, and days on which the office of the clerk of the court is not
accessible. The court issuing the subpoena or order shall keep all
applications filed pursuant to this subsection and a copy of the subpoena or
order in a special file maintained for that purpose. Upon receiving service
of a subpoena, subpoena duces tecum or an order for production pursuant
to this section, the person or agency served shall give oral or written notice
of service to any person known to have a right to assert a privilege or
assert a right of confidentiality in regard to the documents, reports or
information sought at least seven days before the date of delivery.
(c)(3) Any parent, child, guardian ad litem, person or entity
subpoenaed or subject to an order of production or person or entity who
claims a privilege or right of confidentiality may request in writing that the
court issuing the subpoena or order of production quash the subpoena,
subpoena duces tecum or order for production issued pursuant to this
section. The request shall automatically stay the operation of the subpoena,
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subpoena duces tecum or order for production, and the documents, reports
or information requested shall not be delivered until the issuing court has
held a hearing to determine if the documents, reports or information are
subject to the claimed privilege or right of confidentiality, and whether it is
in the best interests of the child for the subpoena or order to produce to be
honored. The request to quash shall be filed with the district court issuing
the subpoena or order at least 24 hours prior to the specified time and date
of delivery, excluding Saturdays, Sundays, holidays, or and days on which
the office of the clerk of the court is not accessible, and a copy of the
written request must shall be given to the person subpoenaed or subject to
the order for production at least 24 hours prior to the specified time and
date of delivery.
Sec. 6. K.S.A. 38-2217 and 38-2229 and K.S.A. 2024 Supp. 38-2226
are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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