SESSION OF 2025
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2311
As Amended by Senate Committee on Public
Health and Welfare
Brief*
HB 2311, as amended, would create law in the Kansas
Revised Code for the Care of Children prohibiting the
Secretary for Children and Families (Secretary) from
adopting, implementing, or enforcing certain policies with
respect to who can be considered for selection as out-of-
home or adoptive placement, custody, or appointment as
permanent or SOUL custodian for a child in need of care.
The bill would be in effect upon publication in the
Kansas Register.
Policies that the Secretary would be prohibited from
adopting, implementing, or enforcing would include any that:
●Require a person to affirm, accept, or support any
governmental policy regarding sexual orientation or
gender identity that may conflict with the person’s
sincerely held religious or moral beliefs; or
●Prohibit selection, appointment, or licensure, if
otherwise eligible, of a person because of such
person’s sincerely held religious or moral beliefs
regarding sexual orientation or gender identity or
intent to guide or instruct a child consistent with
such beliefs.
The bill would specify that nothing could be construed to
prohibit the Secretary from considering the religious or moral
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
https://klrd.gov/ beliefs of a child or the child’s biological family or community,
including beliefs regarding sexual orientation and gender
identity, in relation to those persons who are being
considered for out-of-home or adoptive placement, custody,
or appointment when determining what placement is in the
best interests of the child.
The bill would allow a person aggrieved by a violation of
the proscribed conduct in the bill to recover actual damages,
injunctive relief, costs, and reasonable attorney fees from the
Department for Children and Families (DCF), but would
prohibit actions from being brought against an entity that
contracts with DCF.
Background
The bill was introduced by the House Committee on
Child Welfare and Foster Care at the request of
Representative Humphries.
House Committee on Child Welfare and Foster Care
In the House Committee hearing, proponent testimony
was provided by representatives of First Amendment
Partnership, Kansas Family Voice, and Lifeline Children’s
Services, and three private citizens. The proponents
generally stated that the bill would allow more families to
adopt and foster children within the child welfare system,
reducing the volume of children in the State’s custody.
Proponents also expressed concerns regarding potential
violations of religious freedom and freedom of speech of
prospective foster and adoptive families if the bill is not
enacted.
Written-only proponent testimony was provided by a
representative of the Kansas Catholic Conference.
2- 2311 Opponent testimony was provided by representatives of
Equality Kansas, Kansas Interfaith Action, and Mainstream
Coalition, and six private citizens, who voiced their concerns
for harm to members of the LGBTQ+ community in the child
welfare system. Additional concerns were expressed
regarding the possibility that provisions of this bill could
overrule the best interests of the child standard.
Written-only opponent testimony was presented by
representatives of Kansas Appleseed Center for Law and
Justice, Loud Light Civic Action, and Planned Parenthood
Great Plains Votes, and 48 private citizens.
No other testimony was provided.
House Committee of the Whole
The House Committee of the Whole adopted an
amendment that would exclude DCF contractors from liability
under the bill and remove punitive damages as a possible
form of relief if the provisions of the bill were violated.
Senate Committee on Public Health and Welfare
In the Senate Committee hearing, proponent testimony
was provided by representatives of First Amendment
Partnership and Lifeline Children’s Services, and two private
citizens. The testimony was substantially similar to the
testimony provided during the House Committee hearing.
Written-only proponent testimony was provided by
representatives of the Kansas Catholic Conference and
Kansas Family Voice, and three private citizens.
Opponent testimony was provided by representatives of
Equality Kansas, Kansas Interfaith Action, Loud Light Civic
Action, and Mainstream Coalition; a social worker who
researches the LGBTQ community; and one private citizen.
3- 2311 The testimony was substantially similar to the testimony
provided during the House Committee hearing.
Written-only opponent testimony was presented by
representatives of American Atheists, American Civil Liberties
Union of Kansas, Planned Parenthood Great Plains Votes,
and Trust Women Foundation; a social worker; and ten
private citizens.
No other testimony was provided.
The Senate Committee amended the bill to take effect
upon publication in the Kansas Register.
Fiscal Information
According to the fiscal note prepared by the Division of
Budget on the bill, as introduced, the Office of Judicial
Administration indicates that enactment of the bill could
increase the number of cases filed in district courts because it
would create a civil cause of action for a perceived violation.
This, in turn, would increase the time spent by district court
judicial and non-judicial personnel in processing, researching,
and hearing cases. Nevertheless, until the courts have had
an opportunity to operate under the provisions of the bill, an
accurate estimate of the fiscal effect on expenditures by the
Judicial Branch cannot be given. The bill would not have a
fiscal effect on revenues to the Judicial Branch. However, the
bill could result in the collection of docket fees in those cases
filed under the provisions of the bill, which would be
deposited in the State General Fund.
According to the DCF, enactment of the bill would not
have a fiscal effect on the agency.
The Office of the Attorney General (OAG) indicates that
enactment of the bill would not have a fiscal effect on the
OAG, but states that this bill would have an elevated risk of
facing litigation. The OAG has recent experience defending
4- 2311 laws with similar subject matters and may be able to keep the
cost of litigation down to a lower amount.
Any fiscal effect associated with the bill is not reflected
in The FY 2026 Governor’s Budget Report.
Children and minors; Department for Children and Families; Revised Kansas Code
for Care of Children; custody; adoption; out-of-home placement; religious freedom;
sexual orientation; gender identity
5- 2311