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Bill > HB2132


KS HB2132

Substitute for HB2132 by Committee on Child Welfare and Foster Care - Modifying the definition of neglect in the revised Kansas code for care of children, prohibiting the removal of a child from such child's home due solely to a lack of financial resources, requiring that facts of serious harm demonstrate more than one fact of certain listed facts, determining when a law enforcement officer may or shall take a child into custody and requiring the secretary for children and families to provide me


summary

Introduced
01/28/2025
In Committee
03/07/2025
Crossed Over
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; modifying the definition of neglect; prohibiting the removal of a child from such child's home due solely to a lack of financial resources; determining when a law enforcement officer may or shall take a child into custody; requiring the secretary for children and families to provide means for a law enforcement officer to refer potential cases of abuse or neglect and that the secretary provide a response to such referrals within 24 hours; requiring that facts of serious harm demonstrate more than one fact of certain listed facts; allowing the court to consider the participation of parents in services when determining whether a child shall be removed from such child's home; amending K.S.A. 2024 Supp. 38-2202, 38-2231, 38-2234 and 38-2243 and repealing the existing sections.

AI Summary

This bill modifies Kansas law regarding child welfare by revising definitions and procedures for determining when a child can be removed from their home. Specifically, the bill redefines "neglect" to clarify that poverty alone cannot be grounds for removing a child, and establishes more stringent requirements for determining when a child is at serious risk of harm. The bill requires law enforcement to explore alternatives to child removal and mandates that the Kansas Department of Children and Families provide an electronic method for reporting potential child abuse cases and respond within 24 hours. When considering temporary custody, courts must now first examine whether prevention services could keep the family together and must consider multiple factors before removing a child, including whether services could prevent removal or if redirecting a dangerous household member might be sufficient. The bill also limits the circumstances under which a child can be taken into custody, emphasizing that economic hardship, crowded housing, parental mental health conditions, and other similar factors cannot be the sole basis for determining a child is at risk. These changes aim to protect families from unnecessary separation while still maintaining mechanisms to protect children from genuine harm.

Committee Categories

Government Affairs, Health and Social Services

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Child Welfare and Foster Care (H)

Last Action

House Committee Report recommending substitute bill be passed by Committee on Child Welfare and Foster Care (on 03/07/2025)

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