Brief (1)
SB 633 amends the Code for Children in Need of Care to make various amendments to comply with the federal Adoption and Safe Families Act (ASFA). The bill provides a separate definition of "neglect"; creates a Family Services and Community Intervention Fund in the State Treasury to aid local communities; establishes new procedures to insure a child is not needlessly removed from the home; provides procedures for the placement of a child with a fit and willing relative in certain cases; and makes other changes.
Definition of Neglect. A new definition of "neglect" is added to the Code and the word "neglect" is deleted from the term "physical, mental or emotional abuse" which is defined with neglect under current law.
The term "neglect" is defined to include acts or omissions by a parent, guardian, or person responsible for the care of a child resulting in harm to a child or presenting a likelihood of harm which are not due solely to the lack of financial means of the child's parents or other custodian. Neglect may include but shall not be limited to:
Lack of Need for Parental Consent to Medical Exams Expanded. Current law is expanded regarding the lack of need to obtain parental consent for medical exams where sexual abuse is alleged to include situations where there are allegations of physical, mental, or emotional abuse or neglect.
Best Interest; Documentation Permanency. The Code for Care of Children is amended to provide that whenever current law refers to making a finding in the best interests of a child regarding placement, a finding must be made that the action would not be contrary to the welfare of the child. The bill requires that findings or orders of the court be provided timely to the Secretary of Social and Rehabilitation Services (SRS) for any child in SRS custody. The bill requires at each permanency hearing a finding be made by the court whether reasonable efforts have been made to accomplish the permanency goal. Included as a permitted permanency goal is placement with a fit and willing relative of the child. The bill also provides that if a child in the custody of SRS has been placed at home for six or more months and the child is then removed for out-of-home placement, this removal constitutes a new episode and a court must make a determination that reasonable efforts have been made to keep the child in the home and the action will not be contrary to the child's welfare.
Reasonable Efforts to Avoid Unnecessary Placement. The bill requires the SRS Secretary or any person requesting a petition alleging a child to be a child in need of care to include in the petition, any information known to them about efforts to prevent unnecessary removal of a child or information which supports that an emergency exists which threatens the safety of the child. It requires notice to the SRS Secretary of a petition which requests SRS custody so the Secretary may have the opportunity to provide preventive or protective services.
Ex Parte Protective Custody and Temporary and Dispositional Custody. A court may place the child in the custody of the SRS Secretary but only until the Secretary presents the court with documentation of a plan for services to a child and family and the court must find this to be in place and adequate to protect the safety of the child.
The court may place the child in the custody of SRS if the Secretary has not provided the court with documentation of services which the court finds to be sufficient to protect the safety of the child. If the Secretary does present a plan, the court shall approve the return home of the child.
Permanent Guardianship. The bill cures a difficulty with existing language regarding permanent guardianship to clarify that the child is discharged from the custody of the Secretary when a permanent guardianship is created.
Restraining Orders-Informal Supervision. The bill clarifies that if the court issues an order for informal supervision, the court may enter an order restraining any alleged perpetrator of physical, sexual, or emotional abuse of the child from residing in the child's home, visiting, contacting, harassing, or intimidating the child, other family member or witness; or attempting to visit, contact, harass, or intimidate the child, other family member, or witness.
Family Services and Community Intervention Fund to Assist Local Governments and Community Agencies. The bill creates a Family Services and Community Intervention Fund which is to be administered by the Secretary of SRS. The Secretary may accept money from any source for the purposes for which money in the fund may be expended. Upon receipt of money for the fund, the Secretary shall remit the entire amount at least monthly to the State Treasurer, who shall deposit it to the Family Services and Community Intervention Fund. All moneys in the special fund for family services and community intervention shall be used for the purpose of assisting state, county, or local governments or political subdivisions thereof; or community agencies; to provide services, intervention, and support services to children alleged or adjudged to be a child in need of care, especially those youth at risk because of their own actions or behaviors and not due to abuse or neglect by a parent, guardian, or other person responsible for their care. The purpose of the Family Services and Community Intervention Fund shall be to enhance the ability of families and children to resolve problems within the family and community that might otherwise result in a child becoming a ward of the court, by the collaboration of governmental and local service providers.
Community Services Teams. A community services team is defined to mean a group of persons appointed by the court or SRS for the purpose of assessing the needs of a child alleged to be a child in need of care. A multidisciplinary team may serve as a community services team.
Background
SB 633 was introduced at the request of the Secretary of the Department of Social and Rehabilitation Services. The bill was amended by a substitute bill and passed out of the Senate Ways and Means Committee and then referred to the Senate Judiciary Committee for further hearings. SB 633 would make major revisions to the Kansas Code for Care of Children including separating the definition of "child in need of care" into two subcategories: child in need of protection and youth in need of services.
Representatives of SRS and a representative from the Kansas Association of School Boards appeared in favor of the substitute bill. Opponents included five county or district attorneys and several district court judges.
Following the Senate Judiciary Committee hearings, SRS representatives submitted amendments to delete all proposed changes dealing with the creation of the two subcategories of a child in need of care. The bill as amended by the Senate Committee, according to SRS representatives, is what is needed for Kansas to comply with federal regulations of the Federal Adoption and Safe Families Act. The bill is intended to prevent the state from losing moneys for foster care under Title IV-E of the Social Security Act, which could amount to $2.5 million annually.
The Riley County Attorney submitted a list of suggested changes to the revised SB 633.
1. *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 http://www.ink.org/public/legislative/bill_search.html