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Minutes for HB2132 - Committee on Child Welfare and Foster Care

Short Title

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 and requiring facts of imminent harm due to a lack of financial resources demonstrate more than one fact of such lack of financial resources.

Minutes Content for Mon, Mar 3, 2025

The Chair opened discussion on HB2132

Jessie Pringle, Assistant Revisor, Office of the Revisor of Statutes, brought forth amendments requested by Representative Humphries. The first proposed amendment addressed "likelihood." (Attachment 1)  The second amendment addressed "failure." (Attachment 2)  The third amendment addressed "prenatal drug or alcohol exposure."  (Attachment 3) The committee discussed meanings and examples of likelihood, harm, drug and substance abuse. The fourth amendment concerned a child's attachments to foster parents. (Attachment 4) The committee discussed the first three amendments as related to neglect and whether the fourth amendment merited a discussion on its own.

Chair Howerton asked the revisor to review definitions of child abuse and neglect in statute. (Attachment 5)  Revisor Pringle reviewed terms used in standards for child abuse, neglect, or reporting, citing state statutes from Kansas, other states, and Black's Law Dictionary.

Discussion followed on a neglect definition that might need to be defined in statute with defining terms such as reasonable, pattern, and imminent harm in a standard. The committee learned from the revisor instances where neglect is defined in the Child in Need of Care (CINC) code book. 

The Chair asked Tanya Keys, Deputy Secretary for Children and Families (DCF), to answer questions on definitions in DCF.

The revisor brought forth amendments requested by Chair Howerton. The first proposed amendment addressed "reasonable suspicion." (Attachment 6) The second proposed amendment addressed "pattern of behavior." (Attachment 7) Discussion resumed with concerns and examples of factors to be considered including time to adjust Department for Children and Families policies.

The revisor provided an amendment for clarity and to address the effective date of HB2132 and DCF policies. (Attachment 8) Discussion continued on all proposed amendments and included the role of law enforcement and social work.

The Chair recessed the discussion on HB2132.

The Chair asked for approval of minutes. Representative Johnson moved, seconded by Representative Neighbor, to approve the minutes for February 17, 2025, and February 26, 2025. Motion carried.

The Chair adjourned the meeting at 2:50 p.m.