Session of 2025
HOUSE BILL No. 2243
By Committee on Judiciary
Requested by Representative Proctor on behalf of Michelle Richart
2-4
AN ACT concerning children and minors; relating to children in need of
care; creating a referral process to a military family advocacy program
for cases involving children of military personnel; requiring the
secretary for children and families to enter into a memorandum of
understanding with military installations; amending K.S.A. 38-2230
and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) When the secretary for children and families
makes a preliminary investigation pursuant to K.S.A. 38-2230, and
amendments thereto, and the child who is the subject of the investigation
has a parent or legal guardian who is military personnel at a military
installation, the secretary shall make a referral to a military family
advocacy program to provide the family with services that such program
offers.
(b) The secretary shall enter into a memorandum of understanding
with a military family advocacy program at each military installation in
Kansas for the purpose of referring cases involving children with a parent
or legal guardian who is military personnel at a military installation to
such military family advocacy program for services. The memorandum of
understanding shall include:
(1) A method for identifying whether a child has a parent or legal
guardian who is military personnel at a military installation;
(2) the process for referring identified cases to the military family
advocacy program;
(3) a requirement that the secretary notify the military family
advocacy program when the secretary has referred a case involving a child
with a parent or legal guardian who is military personnel to the county or
district attorney for the purpose of filing a petition pursuant to K.S.A. 38-
2233, and amendments thereto; and
(4) provisions that require compliance with confidentiality
requirements in state and federal law.
(c) Nothing in this section shall prevent the secretary for children and
families from taking action to protect the health and welfare of the child as
necessary, including recommending to the county or district attorney that a
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 2243 2
petition be filed pursuant to K.S.A. 38-2233, and amendments thereto.
(d) As used in this section, "military family advocacy program"
means a program established by the United States department of defense
and provided at a military installation to address child abuse and neglect in
military families.
(e) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
Sec. 2. K.S.A. 38-2230 is hereby amended to read as follows: 38-
2230. Whenever any person furnishes information to the secretary that a
child appears to be a child in need of care, the department shall make a
preliminary inquiry to determine whether the interests of the child require
further action be taken. Whenever practicable, the inquiry shall include a
preliminary investigation of the circumstances which were the subject of
the information, including the home and environmental situation and, the
previous history of the child and the military status of a parent or legal
guardian of the child pursuant to section 1, and amendments thereto. If
reasonable grounds to believe abuse or neglect exist, immediate steps shall
be taken to protect the health and welfare of the abused or neglected child
as well as that of any other child under the same care who may be harmed
by abuse or neglect. After the inquiry, if the secretary determines it is not
otherwise possible to provide those services necessary to protect the
interests of the child, the secretary shall recommend to the county or
district attorney that a petition be filed.
Sec. 3. K.S.A. 38-2230 is hereby repealed.
Sec. 4. 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