1 | 1 | | Session of 2025 |
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2 | 2 | | HOUSE BILL No. 2243 |
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3 | 3 | | By Committee on Judiciary |
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4 | 4 | | Requested by Representative Proctor on behalf of Michelle Richart |
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5 | 5 | | 2-4 |
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6 | 6 | | AN ACT concerning children and minors; relating to children in need of |
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7 | 7 | | care; creating a referral process to a military family advocacy program |
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8 | 8 | | for cases involving children of military personnel; requiring the |
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9 | 9 | | secretary for children and families to enter into a memorandum of |
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10 | 10 | | understanding with military installations; amending K.S.A. 38-2230 |
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11 | 11 | | and repealing the existing section. |
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12 | 12 | | Be it enacted by the Legislature of the State of Kansas: |
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13 | 13 | | New Section 1. (a) When the secretary for children and families |
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14 | 14 | | makes a preliminary investigation pursuant to K.S.A. 38-2230, and |
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15 | 15 | | amendments thereto, and the child who is the subject of the investigation |
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16 | 16 | | has a parent or legal guardian who is military personnel at a military |
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17 | 17 | | installation, the secretary shall make a referral to a military family |
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18 | 18 | | advocacy program to provide the family with services that such program |
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19 | 19 | | offers. |
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20 | 20 | | (b) The secretary shall enter into a memorandum of understanding |
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21 | 21 | | with a military family advocacy program at each military installation in |
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22 | 22 | | Kansas for the purpose of referring cases involving children with a parent |
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23 | 23 | | or legal guardian who is military personnel at a military installation to |
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24 | 24 | | such military family advocacy program for services. The memorandum of |
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25 | 25 | | understanding shall include: |
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26 | 26 | | (1) A method for identifying whether a child has a parent or legal |
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27 | 27 | | guardian who is military personnel at a military installation; |
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28 | 28 | | (2) the process for referring identified cases to the military family |
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29 | 29 | | advocacy program; |
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30 | 30 | | (3) a requirement that the secretary notify the military family |
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31 | 31 | | advocacy program when the secretary has referred a case involving a child |
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32 | 32 | | with a parent or legal guardian who is military personnel to the county or |
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33 | 33 | | district attorney for the purpose of filing a petition pursuant to K.S.A. 38- |
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34 | 34 | | 2233, and amendments thereto; and |
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35 | 35 | | (4) provisions that require compliance with confidentiality |
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36 | 36 | | requirements in state and federal law. |
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37 | 37 | | (c) Nothing in this section shall prevent the secretary for children and |
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38 | 38 | | families from taking action to protect the health and welfare of the child as |
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39 | 39 | | necessary, including recommending to the county or district attorney that a |
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74 | 74 | | 35 HB 2243 2 |
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75 | 75 | | petition be filed pursuant to K.S.A. 38-2233, and amendments thereto. |
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76 | 76 | | (d) As used in this section, "military family advocacy program" |
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77 | 77 | | means a program established by the United States department of defense |
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78 | 78 | | and provided at a military installation to address child abuse and neglect in |
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79 | 79 | | military families. |
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80 | 80 | | (e) This section shall be a part of and supplemental to the revised |
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81 | 81 | | Kansas code for care of children. |
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82 | 82 | | Sec. 2. K.S.A. 38-2230 is hereby amended to read as follows: 38- |
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83 | 83 | | 2230. Whenever any person furnishes information to the secretary that a |
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84 | 84 | | child appears to be a child in need of care, the department shall make a |
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85 | 85 | | preliminary inquiry to determine whether the interests of the child require |
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86 | 86 | | further action be taken. Whenever practicable, the inquiry shall include a |
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87 | 87 | | preliminary investigation of the circumstances which were the subject of |
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88 | 88 | | the information, including the home and environmental situation and, the |
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89 | 89 | | previous history of the child and the military status of a parent or legal |
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90 | 90 | | guardian of the child pursuant to section 1, and amendments thereto. If |
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91 | 91 | | reasonable grounds to believe abuse or neglect exist, immediate steps shall |
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92 | 92 | | be taken to protect the health and welfare of the abused or neglected child |
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93 | 93 | | as well as that of any other child under the same care who may be harmed |
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94 | 94 | | by abuse or neglect. After the inquiry, if the secretary determines it is not |
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95 | 95 | | otherwise possible to provide those services necessary to protect the |
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96 | 96 | | interests of the child, the secretary shall recommend to the county or |
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97 | 97 | | district attorney that a petition be filed. |
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98 | 98 | | Sec. 3. K.S.A. 38-2230 is hereby repealed. |
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99 | 99 | | Sec. 4. This act shall take effect and be in force from and after its |
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100 | 100 | | publication in the statute book. |
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