Kansas 2025-2026 Regular Session

Kansas House Bill HB2302 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	HOUSE BILL No. 2302
3	3	By Representative Ousley
4	4	2-5
5	5	AN ACT concerning children and minors; relating to the secretary for
6	6	children and families; requiring a law enforcement officer to contact
7	7	and consult with the secretary for children and families before taking a
8	8	child into custody; providing for the secretary to respond and consult
9	9	with such law enforcement officer outside of the secretary's operating
10	10	hours; requiring the secretary to provide operations to facilitate such
11	11	response; amending K.S.A. 2024 Supp. 38-2231 and repealing the
12	12	existing section.
13	13	Be it enacted by the Legislature of the State of Kansas:
14	14	Section 1. K.S.A. 2024 Supp. 38-2231 is hereby amended to read as
15	15	follows: 38-2231. (a) A law enforcement officer or court services officer
16	16	shall take a child under 18 years of age into custody when:
17	17	(1) The law enforcement officer or court services officer has a court
18	18	order commanding that the child be taken into custody as a child in need
19	19	of care; or
20	20	(2) the law enforcement officer or court services officer has probable
21	21	cause to believe that a court order commanding that the child be taken into
22	22	custody as a child in need of care has been issued in this state or in another
23	23	jurisdiction.
24	24	(b) A law enforcement officer shall take a child under 18 years of age
25	25	into custody when the officer:
26	26	(1) Reasonably believes the child will be harmed if not immediately
27	27	removed from the place or residence where the child has been found, after
28	28	such law enforcement officer has contacted and received a response from
29	29	the secretary for children and families and consulted with the secretary
30	30	about taking the child into custody;
31	31	(2) has probable cause to believe that the child is a runaway or a
32	32	missing person or a verified missing person entry for the child can be
33	33	found in the national crime information center missing person system;
34	34	(3) reasonably believes the child is a victim of human trafficking,
35	35	aggravated human trafficking or commercial sexual exploitation of a child;
36	36	or
37	37	(4) reasonably believes the child is experiencing a behavioral health
38	38	crisis and is likely to cause harm to self or others.
39	39	(c) The secretary for children and families shall maintain operations
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76	76	outside of the secretary's operating hours to provide a response and an
77	77	opportunity for consultation for a law enforcement officer who may take a
78	78	child into custody pursuant to subsection (b)(1).
79	79	(d) (1) If a person provides shelter to a child whom the person knows
80	80	is a runaway, such person shall promptly report the child's location either
81	81	to a law enforcement agency or to the child's parent or other custodian.
82	82	(2) If a person reports a runaway's location to a law enforcement
83	83	agency pursuant to this section and a law enforcement officer of the
84	84	agency has reasonable grounds to believe that it is in the child's best
85	85	interests, the child may be allowed to remain in the place where shelter is
86	86	being provided, subject to subsection (b), in the absence of a court order to
87	87	the contrary. If the child is allowed to so remain, the law enforcement
88	88	agency shall promptly notify the secretary of the child's location and
89	89	circumstances.
90	90	(d)(e) Except as provided in subsections (a) and (b), a law
91	91	enforcement officer may temporarily detain and assume temporary custody
92	92	of any child subject to compulsory school attendance, pursuant to K.S.A.
93	93	72-3120, and amendments thereto, during the hours school is actually in
94	94	session and shall deliver the child pursuant to K.S.A. 38-2232(g), and
95	95	amendments thereto.
96	96	Sec. 2. K.S.A. 2024 Supp. 38-2231 is hereby repealed.
97	97	Sec. 3. This act shall take effect and be in force from and after its
98	98	publication in the statute book.
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