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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 Wed, Mar 5, 2025

The Chair continued the discussion on HB2132 from March 3, 2025.

Jessie Pringle, Office of the Revisor of Statutes brought forth a balloon amendment that incorporated definition proposals from the previous discussion. (Attachment 1) The changes allowed for constitutional requirements and consistency in structure. Discussion ensued on imminent and serious risk.

Chair Howerton moved, seconded by Representative Johnson, to pass the amendment out favorably. The Chair asked for further discussion and there were questions on the other versions of the amendment. Because there had been no motion on them, there was no need to vote them down. Motion carried.

The revisor combined Representative Humphries' second and third amendments from the previous meeting into one.(Attachment 2) The Chair asked Ed Klumpp, Legislative Liaison, KS Sheriffs Association, KS Association of Chiefs of Police, KS Peace Officers Association, to help explain non-felony drug crime as opposed to substance abuse in law enforcement.

Chair Howerton moved, seconded by Representative Roeser, to pass the amendments out favorably, Motion carried.

The Chair introduced the next proposed amendment because the definition of neglect cannot conflict with new language in the Child in Need of Care (CINC) code book. (Attachment 3) The amendment would give officers options to consider in removal of a child, also adding an electronic means of communication with the Secretary of Department for Children and Families on referrals. Discussion included reasons for removal,  the use of court services officers, and who can remove a child. Mr. Klumpp returned to answer questions on consistency with abuse and neglect. 

Chair Howerton moved, seconded by Representative Johnson, to pass the amendment out favorably and allow the revisor to clarify the language. Motion carried.

Discussion covered factors co-occurring with community and family poverty. The Chair asked Tanya Keys, Deputy Secretary, Department for Children and Families to address this. The amendment leaves  remaining factors not to be considered. (Attachment 4) Discussion took place on revising this amending or going with a conceptual amendment. Representative Carr deferred to the revisor in the technical cleanup of the language of the amendment.

Representative Johnson moved to call the question, seconded by Representative Rhiley, Motion carried.

The Chair asked for further discussion or comments. There were some comments with the number of amendments and if the bill was ready for the Senate.  

Representative Johnson moved to pass out HB2132 as amended by the committee, that the revisor prepare the bill as a substitute bill, Substitute Bill HB2132 for HB2132, and that the committee grants discretion for any necessary technical changes. Representative Ousley seconded. Motion carried.

 

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