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Minutes for HB2582 - Committee on Judiciary
Short Title
Directing the Kansas department for children and families to share certain information with investigating law enforcement agencies.
Minutes Content for Thu, Mar 3, 2022
Chairperson Patton opened the hearing on HB2582 and SB425 combined. Natalie Scott provided an overview for both bills. She stood for questions. (Attachment 4) (Attachment 5)
Proponent Combined HB2582 & SB425
Ed Klumpp explained these two bills are the result of the Joint Committee on Child Welfare's recommendation resulting from their testimony on October 5, 2021. The committee recommended: Department for Children and Family (DCF) should work with the representative of the Kansas Association of Chiefs of Police, Kansas Sheriffs Association, and Kansas Peace Officers Association, and other law enforcement agencies as needed. Assistance from the Office of Revisor of Statutes to draft statute clarifying the interpretation of statutory language for sharing information with local law enforcement would be of great assistance. If a resolution is not achieved by the start of the 2022 Legislative Session, it is recommended the Judicial Council be consulted to assist in coming to a resolution. They are pleased to report that their associations were able to work with DCF as directed and believe the proposed bill will address the information exchange gap we reported to the Joint Committee. The bulk of the new language is found on page 6 lines 2-13. All the listed information is critical for the investigators to have if we are to maximize our ability to identify the facts in each case and appropriately seek charges necessary to protect the child. It is critical they don’t miss information to support appropriate actions related to placement of the child and to present all facts necessary to prosecute anyone perpetrating these crimes against the child. It is also critical in identifying information that may clear a person suspected of criminal activity and avoid wrongful conviction when no crime has been committed. Mr. Klumpp stood for questions. (Attachment 6)
Laura Howard spoke to the necessity of information sharing and data transmission between the Department for Children and Families and law enforcement agencies. SB425 clarifies the exchange of information related to investigations of Child Abuse between the department and Law Enforcement agencies and directs DCF to release certain information to said agencies. The proposed bill would amend K.S.A. 38-2210, 38-2211 and 38-2212 and repeal the existing sections. The new language compels DCF to disclose all confidential records to law enforcement of a child alleged or adjudicated to be a child in need of care when law enforcement is investigating a report of neglect or abuse. Law enforcement is also required to provide information to DCF during any joint investigations. DCF is aware of an amendment brought by Mr. Klumpp. While they don’t think the addition of language to include the identification of the reporter and any DCF contractor or staff is necessary, they think the amendment is friendly. Ms. Howard stood for questions. (Attachment 7)
Proponent Written HB2582 only
Grego Benefiel, McPherson County, Kansas County and District Attorneys Association (Attachment 8)
Chairperson closed the hearing on HB2582 and SB425.