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Minutes for HB2094 - Committee on Federal and State Affairs
Short Title
Requiring the department for children and families to offer services to children with problem sexual behavior and to such child's family.
Minutes Content for Tue, Feb 5, 2019
Chairperson Barker opened the hearing on HB2094. Kyle Hamilton, Revisor, provided an overview of the bill (Attachment 1). Questions were asked by Representatives Resman and Stogsdill.
Chairperson Barker recognized Phil Cosby as a proponent of HB2094 (Attachment 2) (Attachment 2A). There has been a phenomenal rise in sexual assaults on children by children as they see and imitate what they are now watching online. Last year the Kansas Department for Children and Families (DCF) identified 433 cases of child on child sexual assault. Currently there is no remedy to intercede to provide counseling. A few years ago Missouri passed a similar bill to address this issue. What they estimated would be 600 cases turned out to actually be 5,000 cases in that first year alone. This bill sets out a course of action when the DCF receives a report of child abuse or neglect involving a child with problem sexual behavior. This bill is not about punishing that child, but about getting help for that child. Questions were asked by Representatives Ruiz and Carpenter and Chairperson Barker.
Chairperson Barker recognized, Heidi Olson, a pediatric sexual assault nurse examiner, as a proponent of HB2094 (Attachment 3). She works at a hospital that saw the most sexual assault victims in Kansas last year. Last year almost half of the perpetrators committing sexual assaults were males 11 to 15 years old. Through the data collected, they know that most of the children with problematic sexual behaviors have experienced some type of trauma in childhood. In addition, these children have had repeated exposure to violent pornography. Child-on-child sexual assault is on the rise in the United States. This bill is to help children whose brains are not fully developed and who need help healing from their trauma learn healthy sexual boundaries and develop better coping skills. In Missouri they have seen many children successfully complete programs for sexual behavior issues without re-offending. By addressing these behaviors and past abuses, they have been able to help these children pass into adulthood without spending the rest of their lives in courts and in prisons. Research-backed therapy, empathy and counseling for the entire family brings healing on multiple levels. She provided three specific examples of young patients she had recently treated. She emphasized how important it is to pass this bill. Questions were asked by Representatives Humphries, Highberger, and Woodard.
Chairperson Barker then recognized Tanya Keys, Deputy Secretary of the DCF, who testified as a neutral on HB2094 (Attachment 4). Their policies allow their investigators to consider reports of problem sexual behavior for a family in need assessment when the parents are aware of the issue and are willing to address it. Depending on the needs of the child and family, that often would include a referral to community-based counseling, as DCF does not have counselors on staff. If the parents are aware of the issue but are unwilling to address the behavior, DCF will conduct a joint investigation of sexual abuse with law enforcement. If the Committee moves forward with this bill, DCF is requesting clarifying language regarding the types of counseling that will need to be offered and if DCF will be required to pay for all uninsured counseling costs or simply to provide referrals for counseling.
Chairperson Barker asked Ms. Keys to provide some proposed language for the bill regarding DCF's request for clarification.
Ms. Keys stated that the $213,729.00 shown in the fiscal note is an estimate they came up with based on the data they have showing the number of children they currently serve annually. Other questions were asked by Representatives Thomas, Smith, Lusk, and Eplee regarding the fiscal note and the amount of money that will actually be needed.
Chairperson Barker closed the hearing on HB2094.
Chairperson Barker stated that the Committee may work this bill next week.
Chairperson Barker asked if there were any other requests for bill introductions. There were none.
The meeting was adjourned at 9:35 a.m.
