HB 2075: Determining when a law enforcement officer may or shall take a child into custody and requiring that the secretary provide support to such law enforcement officers, the court review involvement in permanency planning and a permanency hearing for a child in custody of the secretary be held within nine months from such child's removal from the and every subsequent hearing 6 months thereafter. - Kansas

As Amended by Senate Committee on Public Health and Welfare → {As Amended by Senate Committee of the Whole} · 3 edits

MINOR

The bill text was reorganized to reflect amendments by the Senate Committee of the Whole, which inserted a new requirement for the secretary to report on steps taken to 'reintegrate' families in addition to rehabilitating them. The specific language regarding the 'reasonable and prudent parenting standard' and activities for children was moved to a different location within the document, while the core requirements for hearings regarding children in residential treatment programs remained largely unchanged.

REQUIREMENT

Added the word 'reintegrate' alongside 'rehabilitate' in the requirement for agencies to help families, expanding the scope of family support efforts.

Reordered the text regarding the 'reasonable and prudent parenting standard' and child activities, moving it from the end of a paragraph to the beginning of a new section to align with the new committee markup.

TECHNICAL

Updated the header to indicate the bill was amended by the Senate Committee of the Whole instead of the Senate Committee, and adjusted page numbering accordingly.

As Amended by House Committee on Child Welfare and Foster Care → As Amended by Senate Committee on Public Health and Welfare · 4 edits

MODERATE

The Senate Committee amendment reorganized the bill's text and added a specific requirement for courts to document that a child's needs cannot be met in a foster home when the child is placed in a residential treatment program. This change ensures that residential placements are only used when a formal assessment confirms they are the most effective and appropriate level of care.

Scope change

The bill's scope regarding residential treatment placements was expanded to include mandatory documentation of assessment findings at permanency hearings.

REQUIREMENT

The text was reorganized by moving the 'reasonable and prudent parenting' standard from the deleted section to the beginning of the new section, clarifying the order of reporting requirements.

A clause was added to subsection (e) requiring the court to document that an ongoing assessment supports the determination that a foster family home cannot meet the child's needs.

The requirement to document that a residential treatment program provides the most effective care in the least restrictive environment was added to ensure placements are appropriate and necessary.

The list of potential placements for the child was updated to include 'a legal custodian or guardian or an adoptive parent' as options the court must consider when determining why returning home is not in the child's best interest.

Enrolled → As Amended by House Committee on Child Welfare and Foster Care · 6 edits

MODERATE

The bill's scope was narrowed from covering all child custody matters to focusing exclusively on permanency hearings. The substantive changes shift the legal requirements from a broad set of rules governing when police can take children into custody to specific mandates for courts to document efforts to reunify children with families before placing them in permanent living arrangements.

Scope change

The bill's scope changed from regulating law enforcement custody procedures and abuse referrals to regulating court proceedings regarding permanent placement for children in foster care.

REQUIREMENT

Removed all provisions regarding when law enforcement officers must or may take a child into custody, including criteria for abuse, neglect, runaway status, and behavioral health crises.

Removed the requirement for the secretary to provide an electronic referral system for abuse cases and the mandate to respond to such referrals within 24 hours.

Removed rules regarding shelter providers reporting runaway children and the conditions under which runaways could remain in shelter.

Added detailed requirements for courts to document specific steps taken to reunify children with parents or relatives before determining that a permanent living arrangement is necessary.

Added a mandate for courts to ask children aged 14 or older about their desired permanency outcome during hearings.

Added requirements for courts to document the use of search technology, including social media, to find biological family members before finalizing a permanent placement.

As Introduced → Enrolled · 5 edits · Apr 10, 2025

MODERATE

The bill was significantly rewritten to expand the scope of law enforcement authority regarding child custody and establish a strict 24-hour response time for abuse referrals. It now explicitly defines when officers must or may take a child into custody, including specific situations like human trafficking and behavioral health crises. The original text focused solely on permanency hearings, while the new version adds detailed procedures for law enforcement intervention and sheltering runaways.

Scope change

The bill's scope expanded from exclusively governing permanency hearings to also include detailed rules for law enforcement custody, abuse/neglect referrals, and runaway sheltering.

REQUIREMENT

Law enforcement officers must now take a child into custody if they reasonably believe the child is a victim of human trafficking, aggravated human trafficking, or commercial sexual exploitation.

New provisions require law enforcement to explore options to separate a child from harm before removing them, and allow runaways to remain in shelter if it is in their best interest.

The original detailed requirements for court findings on 'reasonable efforts' and 'reasonable and prudent parenting' were removed and replaced with the new custody and referral protocols.

TIMELINE

The secretary for children and families must investigate abuse or neglect referrals from law enforcement and respond within 24 hours.

SCOPE

The bill title and summary were completely rewritten to reflect the new focus on law enforcement custody and abuse referrals in addition to permanency hearings.

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