Session of 2000
HOUSE BILL No. 2904 By Representatives Welshimer, Barnes, Crow, Dean, Flaharty, Flora, Garner, Gilbert, Kirk, McClure, McKinney, Pauls, E. Peterson, Ruff,
Sharp, Toelkes and Wells
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13 AN ACT concerning children in need of care; relating to the use of in-
14 surance; amending K.S.A. 38-1512 and repealing the existing section.
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16 Be it enacted by the Legislature of the State of Kansas:
17 Section 1. K.S.A. 38-1512 is hereby amended to read as follows: 38-
18 1512. (a) How paid. (1) If a child alleged or adjudged to be a child in
19 need of care is not eligible for assistance under K.S.A. 39-709 and amend-
20 ments thereto, expenses for the care and custody of the child shall be
21 paid out of the general fund of the county in which the proceedings are
22 brought. For the purpose of this section, a child who is a nonresident of
23 the state of Kansas or whose residence is unknown shall have residence
24 in the county where the proceedings are instituted.
25 (2) When a law enforcement officer has taken a child into custody as
26 authorized by subsection (b) of K.S.A. 38-1527 and amendments thereto
27 and delivered the child to a person or facility designated by the secretary
28 or when custody of a child is awarded to the secretary, the expenses of
29 the care and custody of the child may be paid by the secretary out of the
30 state social welfare fund, subject to payment or reimbursement as re-
31 quired in subsection (b), even though the child does not meet the eligi-
32 bility standards of K.S.A. 39-709 and amendments thereto.
33 (3) When the custody of a child is awarded to the secretary, the ex-
34 penses of the care and custody of the child shall not be paid out of the
35 county general fund.
36 (4) Nothing in this section shall be construed to mean that any person
37 shall be relieved of legal responsibility to support a child.
38 (5) When a child is in the custody of the secretary and requires health
39 services, the secretary shall be governed by the limitations or conditions
40 of the individual and group health insurance policies providing coverage
41 on an expense incurred basis, individual and group service or indemnity
42 type contracts issued by a profit or nonprofit corporation and all contracts
43 issued by health maintenance organizations organized or authorized to

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1 transact business in this state which provides coverage for the child. If
2 the secretary does not follow the policy or contract limitations or condi-
3 tions, the secretary shall be responsible for such medical service expenses
4 incurred for the child.
5 (b) Reimbursement to county general fund. (1) When expenses for
6 the care and custody of a child alleged or adjudged to be a child in need
7 of care have been paid out of the county general fund, the court may fix
8 a time and place for hearing on the question of requiring payment or
9 reimbursement of all or part of the expenses by a person who by law is
10 liable to maintain, care for or support the child.
11 (2) The court, after notice to the person who by law is liable to main-
12 tain, care for or support the child, may hear and dispose of the matter
13 and may enter an order relating to payment of expenses for care and
14 custody of the child. If the person willfully fails or refuses to pay the sum,
15 the person may be adjudged in contempt of court and punished
16 accordingly.
17 (3) The county may bring a separate action against a person who by
18 law is liable to maintain, care for or support a child alleged or adjudged
19 to be a child in need of care for the reimbursement of expenses paid out
20 of the county general fund for the care and custody of the child.
21 (c) Reimbursement to state social welfare fund. When expenses for
22 the care and custody of a child alleged or adjudged to be a child in need
23 of care have been paid out of the state social welfare fund, the secretary
24 may recover the expenses pursuant to K.S.A. 39-709, 39-718a or 39-755,
25 and amendments thereto, or K.S.A. 39-718b, and amendments thereto,
26 or as otherwise provided by law, from any person who by law is liable to
27 maintain, care for or support the child.
28 The secretary shall have the power to compromise and settle any claim
29 due or any amount claimed to be due to the secretary from any person
30 who by law is liable to maintain, care for or support the child.
31 Sec. 2. K.S.A. 38-1512 is hereby repealed.
32 Sec. 3. This act shall take effect and be in force from and after its
33 publication in the statute book.