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Minutes for SB301 - Committee on Judiciary
Short Title
Establishing the office of the child advocate within the office of the attorney general and the joint committee on child welfare system oversight.
Minutes Content for Tue, Mar 23, 2021
Jason Thompson gave a bill brief of SB301 stating that it establishes the office of Child Advocate within the Office of the Attorney General and the Joint Committee on Child Welfare System Oversight.(Attachment 1)
There was discussion.
Adam Proffitt submitted the fiscal note for SB301. (Attachment 2)
Proponent, Oral
Ty Masterson spoke in support of SB301 stating that this is much needed accountability of the child welfare system which is necessary to ensure the safety and welfare of Kansas children through an independent and impartial review of disputed actions or inactions regarding any child at risk of abuse or neglect. (Attachment 3)
Derek Schmidt spoke in support of SB301 stating that the the Office of Child Advocate is needed. He stated that there are three points that he sees are needed to make this position effective: 1.) the structure should be independent; 2.) the mission needs to be focused and clear; and 3.) the statutory authority and and funding needs to fit the mission. (Attachment 4)
Steve Karrer spoke in support of SB301 stating that it is extremely important that the Office of the Child Advocate have the authority and the resources to carry out the tasks assigned to it. (Attachment 5)
The Chairperson allowed Representative Jarrod Ousley to speak out of order because he was due to be session in the House of Representatives.
Opponent, Oral
Jarrod L. Ousley gave opponent testimony on SB301 stating that the problem is not in the need for a Child Welfare Advocate, but in the structure of the position as presented in this bill. He said that SB301 includes language that expands government authority in matters outside the scope of child welfare, including investigatory and subpoena powers of any Kansas resident without a critical nexus to a child, unchecked authority to seize materials, including in cases in which no Child in Need of Care case is open. He encouraged the Committee to amend this bill, or to substitute it for HB2345, that has been crafted with input from Children Advocates, and has bi-partisan and broad support in the House. (Attachment 6)
Molly Baumgardner spoke in support of SB301 stating that the bill will allow the Office of Child Advocate to help our state by investigating claims of abuse of children within the foster care system. She stated that the Office of Child Advocate will help Kansans by taking meaningful action with regard to the delays that occur in children receiving needed services, including mental health treatment; by helping assure children have the opportunity for weekly visits with family; by serving as a needed clearinghouse when no action is taken by the Department of Children and Families on behalf of a possible child victim. (Attachment 7)
There was discussion.
Neutral, Oral
Tanya Keys gave neutral testimony on SB301 stating that the Department of Children and Families supports creating an Office of Child Advocate but they question placing that office in the Office of the Attorney General.She said the Department of Children and Families recommends placing the Office of Child Advocate under the Department of Administration, similar to the existing Office of the Long-term Care Ombudsman. She also stated placing this office in a law enforcement office might be a problem for some Kansans and make them less likely to use it. (Attachment 8)
Kyle Kessler gave neutral testimony on SB301 stating the Association for Community Mental Health Centers of Kansas supports the idea of an Office of Child Advocate, but they question the unprecedented power to request medical and health information because it would threaten confidentiality of a therapeutic process. (Attachment 9)
Mike Fonkert gave neutral testimony on SB301 stating that the Office of Child Advocate needs to be truly independent and this cannot happen if the Advocate and staff are all hired and subject to firing by an elected official, the Attorney General. He also identified specific sections of the bill that are somewhat vague as it relates to contractors and he offered suggestions for correction of them. (Attachment 10 )
There was discussion.
Opponent, Oral
Rachel Marsh gave opponent testimony on SB301 stating that the Children's Alliance of Kansas supports the idea of the Joint Committee on Child Welfare and the concept of a child advocate, but they find the way this bill as written gives unprecedented governmental authority over Kansas families, caregivers and providers. She identified several unresolved conflicts in the law created by this bill. (Attachment 11)
Opponent Written
Denise Cross, Cornerstones of Care (Attachment 12)
The hearing was adjourned at 12:13 pm.
