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KS HB2132

KS HB2132
Substitute for Substitute for HB 2132 by Committee on Child Welfare and Foster Care - Determining when a law enforcement officer may or shall take a child into custody.


summary

Introduced
01/28/2025
In Committee
02/13/2026
Crossed Over
02/12/2026
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT concerning children and minors; relating to the revised Kansas code for care of children; determining when a law enforcement officer may or shall take a child into custody; amending K.S.A. 2025 Supp. 38-2231 and repealing the existing section.

AI Summary

This bill modifies existing Kansas law concerning when law enforcement officers can take a child under 18 into custody, specifically changing the circumstances under which an officer *may* take a child into custody rather than *shall*. Previously, an officer *shall* (meaning they must) take a child into custody if they reasonably believe the child will be harmed if not removed or if the child is experiencing a behavioral health crisis and is likely to harm themselves or others; this bill changes "shall" to "may" in these situations, giving officers more discretion. The bill also maintains that officers *shall* take a child into custody if they have a court order or probable cause to believe a court order exists, or if the child is a runaway, missing person, or a victim of human trafficking or commercial sexual exploitation. Additionally, it requires officers to explore other options to separate a child from harm before removal and mandates the secretary of the relevant department to provide an electronic referral system for suspected abuse or neglect, with specific timelines for investigation and response.

Committee Categories

Government Affairs, Health and Social Services

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Child Welfare and Foster Care (House)

Last Action

Senate Hearing: Thursday, March 5, 2026, 8:30 AM Room 142-S (on 03/05/2026)

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