HB 2601 — Establishing a registry for child abuse and neglect to be maintained by the secretary for children and families, providing for registration and expungement processes that include administrative hearings and opportunities for subsequent appeals, requiring reports of abuse or neglect to include information regarding a custody dispute concerning the child who is the subject of the report and directing the secretary to submit a report to the legislature on such information.

23-3502, and amendments thereto;

and (F) any person employed by or who works as a volunteer for any organization, whether for profit or not-for-profit, that provides social services to pregnant teenagers, including, but not limited to, counseling, adoption services and pregnancy education and maintenance.

(2) In addition to the reports required under subsection (a)(1), any person who has reason to suspect that a child may be a child in need of care may report the matter as provided in subsection (b) and (c).

(b) Form of report.

(1) The report may be made orally and shall be followed by a written report if requested.

Every report shall contain, if known:

(A) The names and addresses of the child and the child's parents or other persons responsible for the child's care;

(B) the location of the child if not at the child's residence;

(C) the child's gender, race and age;

(D) the reasons why the reporter suspects the child may be a child in need of care;

(E) if abuse or neglect or sexual abuse is suspected, the nature and extent of the harm to the child, including any evidence of previous harm;

(F) any custody dispute involving the child who is the subject of the report and, if there is a known dispute, any information regarding such dispute;

and (G) any other information that the reporter believes might be helpful in establishing the cause of the harm and the identity of the persons responsible for the harm.

(2) When reporting a suspicion that a child may be in need of care, the reporter shall disclose protected health information freely and cooperate fully with the secretary and law enforcement throughout the investigation and any subsequent legal process.

(c) To whom made.

Reports made pursuant to this section shall be made to the secretary, except as follows:

(1) When the Kansas department for children and families is not open for business, reports shall be made to the appropriate law enforcement agency.

On the next day that the department is open for business, the law enforcement agency shall report to the department any report received and any investigation initiated pursuant to K.S.A.

38-2226, and amendments thereto.

The reports may be made orally or, on request of the secretary, in writing.

(2) Reports of child abuse or neglect occurring in an institution operated by the Kansas department of corrections shall be made to the attorney general or the secretary of corrections.

Reports of child abuse or neglect occurring in an institution operated by the Kansas department for aging and disability services shall be made to the appropriate law enforcement agency.

All other reports of child abuse or neglect by persons employed by the Kansas department for aging and disability services or the Kansas department for children and families, or of children of persons employed by either department, shall be made to the appropriate law enforcement agency.

(d) Death of child.

Any person who is required by this section to report a suspicion that a child is in need of care and who knows of information relating to the death of a child shall immediately notify the coroner as provided by K.S.A.

22a-242, and amendments thereto.

(e) Violations.

(1) Willful and knowing failure to make a report required by this section is a class B misdemeanor.

It is not a defense HOUSE BILL No.

2601—page 4 that another mandatory reporter made a report.

(2) Intentionally preventing or interfering with the making of a report required by this section is a class B misdemeanor.

(3) Any person who willfully and knowingly makes a false report pursuant to this section or makes a report that such person knows lacks factual foundation is guilty of a class B misdemeanor.

(f) Immunity from liability.

Anyone who, without malice, participates in the making of a report to the secretary or a law enforcement agency relating to a suspicion a child may be a child in need of care or who participates in any activity or investigation relating to the report or who participates in any judicial proceeding resulting from the report shall have immunity from any civil liability that might otherwise be incurred or imposed.

(g) On or before January 11, 2027, and the first day of the regular session every year thereafter, the secretary shall submit a report to the house of representatives committee on child welfare and foster care, the senate committee on judiciary and the joint committee on child welfare system oversight, or any successor committee thereof.

The report shall include the number of reports of abuse or neglect made to and received by the secretary that include a known custody dispute and whether such report:

(1) Was anonymously reported;

(2) was or has been assigned for investigation;

(3) led to a family needs assessment;

(4) resulted in an unsubstantiated or substantiated report;

or (5) led to an out-of-home placement.

Sec.

3. K.S.A.

2025 Supp.

HB(1) Agreement 2601—Am.and approval of a child 16 years of age or older;

by SCW 4 (1) Agreement and approval of a child 16 years of age or older;

and (2) information provided by the secretary related to benefits, including,HOUSE butBILL notNo. limited to, financial support, medical coverage and educational support, if SOUL family legal permanency is established by the court.

2601—page 5 including, but not limited to, financial support, medical coverage and educational support, if SOUL family legal permanency is established by the court.

If the court appoints more than one individual as a SOUL HBfamily 2601—Am.legal permanency custodian, the child and the individual may be unrelated.

by SCW 5 family legal permanency custodian, the child and the individual may be unrelated.

If the consent is HBacknowledged 2601—Am.before a judge of a court of record, it shall be the duty of the court before that such consent is acknowledged to advise the consenting parent of the consequences of the consent, including asking the following:

by(1) Do SCWyou 6understand acknowledgedthat beforeyour aparental judgerights ofare anot courtbeing ofterminated record,by itthe shallorder beestablishing theSOUL dutyfamily oflegal thepermanency courtand beforeyou thatcan suchbe consentordered isto acknowledgedpay tochild advisesupport theand consentingmedical parentsupport offor theyour consequenceschild? of(2) Do theyou consent,understand includingthat askingto exercise the following:rights you still have HOUSE BILL No.

(1) Do2601—page you6 understand that your parental rights are not being terminated by the order establishing SOUL family legal permanency and you can be ordered to pay child support and medical support for your child? (2) Do you understand that to exercise the rights you still have with your child, you must keep the court up to date about how to contact you? This means that the court needs to always have your current address and telephone number.

HB(q) The 2601—Am.court may recognize other individuals in addition to the individuals appointed by the court as the child's SOUL family legal permanency custodian, who shall testify to the court, with request and approval by the child, that they will provide support as requested by and agreed upon with the child and the SOUL family legal permanency custodian.

by SCW 7 (q) The court may recognize other individuals in addition to the individuals appointed by the court as the child's SOUL family legal permanency custodian, who shall testify to the court, with request and approval by the child, that they will provide support as requested by and agreed upon with the child and the SOUL family legal permanency custodian.

3. K.S.A.4. K.S.A.

(1) (A) Licensed social worker, licensed specialist social worker, licensedHOUSE specialistBILL clinicalNo. social worker, licensed masters social worker, licensed baccalaureate social worker or licensed associate social worker licensed by the behavioral sciences regulatory board;

2601—page 7 licensed specialist clinical social worker, licensed masters social worker, licensed baccalaureate social worker or licensed associate social worker licensed by the behavioral sciences regulatory board;

65-65-6402, 6402, and amendments thereto;

65-65-5802, 5802, and amendments thereto;

HB(G) licensed 2601—Am.masters level psychologist as defined in K.S.A.

by74- SCW5362, 8and (G) licensedamendments mastersthereto; level psychologist as defined in K.S.A.

74-5362, and amendments thereto;

74-5363,74- 5363, and amendments thereto;

(d) The costs of making the assessment and report may be assessed as court costs in the case as provided in article 20 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.

(e) In making the assessment, the person authorized pursuant to this section or Kansas department for children and families is authorized to observe the child in the petitioner's home, verify financial information of the petitioner, shall clear the name of the petitioner with the child abuse and neglect registry through the Kansas department for children and families as established in section 1, and amendments thereto, and, when if appropriate, with a similar registry in another state or nation, shall determine whether the petitioner has been convicted of a felony for any act described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or articles 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A.

21-6104, 21-6325, 21-6326 or 21-6418 through 21-6422,21- 6422, and amendments thereto, or, within the last five years been convicted of a felony violation of K.S.A.

This information shall be made a part of the HBreport 2601—Am.to the court.

by SCW 9 report to the court.

(f) In the case of a nonresident who is filing a petition to adopt a child in Kansas, the assessment and report required by this section must be completed in the petitioner's state of residence by a person authorizedHOUSE inBILL thatNo. state to conduct such assessments.

2601—page 8 authorized in that state to conduct such assessments.

4. K.S.A.5. K.S.A.

21- 36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009;

(C) has been convicted of any act that is described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A.

21-6104, 21-6325, 21-6326,21- 6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto, or been convicted of an attempt under K.S.A.

21-430121- or 21-4301a, prior to their repeal, or K.S.A.

21-371821- or 21-3719, prior to their repeal, or K.S.A.

21-5812, and amendments HBthereto, 2601—Am.or similar statutes of any other state or the federal government;

(2) except as provided in subsection (b), has been adjudicated a juvenile offender because of having committed an act which, if committed by SCWan 10adult, thereto,would orconstitute similarthe statutescommission of a felony and that is a crime against persons, is any otheract statedescribed in articles 34, or 36 of chapter 21 of the federalKansas government;Statutes Annotated, prior to their repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A.

(2) except21-6104, as21-6325, provided21- in6326, subsection21-6418 (b),through has21-6422 beenor adjudicated21-6424, aand juvenileamendments offenderthereto, becauseor ofsimilar havingstatutes committedof anany actother which,state ifor committed by an adult, would constitute the commissionfederal ofgovernment, aor felony and that is a crime against persons, is any act described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A.

21-6104, 21-6325, 21-6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto, or similar statutes of any other state or the federal government, or is any act described in K.S.A.

(A) The person Has failed to successfully complete a corrective actionHOUSE planBILL thatNo. had has been deemed appropriate and approved by the Kansas department for children and families or requirements of similar entities in any other state or the federal government;

2601—page 9 action plan that had has been deemed appropriate and approved by the Kansas department for children and families or requirements of similar entities in any other state or the federal government;

22-2906 et seq., and amendments thereto, or an immediate intervention agreement HBpursuant 2601—Am.to K.S.A.

by SCW 11 pursuant to K.S.A.

38-134,38- 134, and amendments thereto, when if a person who has been adjudicated as a juvenile offender for an offense described in subsection (a)(2):

38-38-2226, 2226, and amendments thereto, in the possession of the Kansas department for children and families or court of this state concerning employees in a child care facility.

(2) TheHOUSE secretaryBILL shallNo. remit all moneys received from the fees established under this section to the state treasurer in accordance with K.S.A.

2601—page 10 (2) The secretary shall remit all moneys received from the fees established under this section to the state treasurer in accordance with K.S.A.

Upon receipt of each such HBremittance, 2601—Am.the state treasurer shall deposit the entire amount in the state treasury to the credit of the child care criminal background and fingerprinting fund.

by SCW 12 remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the child care criminal background and fingerprinting fund.

HB(2) The 2601—Am.child placement agency is considered to be a governmental entity and the designee of the secretary of health and environment for the purposes of obtaining, using and disseminating information obtained under this section.

by SCW 13 (2) The child placement agency is considered to be a governmental entity and the designee of the secretary of health and environment for the purposes of obtaining, using and disseminating information obtained under this section.

(5) Any staff person of a child placement agency who receives information under this subsection shall keep such information confidential, except that the staff person may disclose such information on a need-to-need-to-know know basis to:

(B) the applicant or operator of the family foster home in which theHOUSE personBILL lives,No. works or regularly volunteers;

2601—page 11 the person lives, works or regularly volunteers;

5. K.S.A.6. K.S.A.

21- 36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or any felony violation of any provision of the uniform controlled substances act prior to HBJuly 2601—Am.1, 2009;

by(C) has SCWbeen 14convicted Julyof 1,any 2009;act that is described in articles 34, or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A.

(C) has21-6104, been21-6325, convicted21- of6326, any21-6418 actthrough that21-6422 is described in articles 34, 35 or 3621-6424, ofand chapteramendments 21thereto, of the Kansas Statutes Annotated, prior to their repeal, or articlebeen 54,convicted 55 or 56 of chapteran 21attempt ofunder the Kansas Statutes Annotated, and amendments thereto, or K.S.A.

21-6104, 21-6325, 21-6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto, or been convicted of an attempt under K.S.A.

21-430121- or 21-4301a, prior to their repeal, or K.S.A.

21-371821- or 21-3719, prior to their repeal, or K.S.A.

(2) except as provided in subsection (b), has been adjudicated a juvenile offender because of having committed an act which, if committed by an adult, would constitute the commission of a felony and that is a crime against persons, is any act described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A.

21-6104, 21-6325, 21-6326,21- 6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto, or similar statutes of any other state or the federal government, or is any act described in K.S.A.

(4) has committed an act of physical, mental or emotional abuse or neglect or sexual abuse and is listed in the child abuse and neglect registryHOUSE maintainedBILL byNo. the Kansas department for children and families pursuant to K.S.A.

2601—page 12 registry maintained by the Kansas department for children and families pursuant to K.S.A.

or HB(B) such 2601—Am.person's record has not been expunged;

by SCW 15 (B) such person's record has not been expunged;

59-59-3050 3050 through 59-3095, and amendments thereto.

38-38-2226, 2226, and amendments thereto, or the Kansas department for children and families or court of this state concerning employees in a day care facility.

(f) (1) The director of the Kansas office of early childhood shall adopt HBrules 2601—Am.and regulations to fix a fee for fingerprinting employees in a day care facility, as may be required by the Kansas office of early childhood to reimburse the Kansas office of early childhood for the cost of the fingerprinting.

by SCW 16 rules and regulations to fix a fee for fingerprinting employees in a day care facility, as may be required by the Kansas office of early childhood to reimburse the Kansas office of early childhood for the cost of the fingerprinting.

All moneys credited to the day careHOUSE criminalBILL backgroundNo. and fingerprinting fund shall be used to pay local and state law enforcement officers and agencies for the processing of fingerprints and criminal history background checks for the Kansas office of early childhood.

2601—page 13 care criminal background and fingerprinting fund shall be used to pay local and state law enforcement officers and agencies for the processing of fingerprints and criminal history background checks for the Kansas office of early childhood.

(k) No person shall maintain a day care facility unless such person is HBa 2601—Am.high school graduate or the equivalent thereof, except that, if extraordinary circumstances exist, the director of the Kansas office of early childhood may exercise discretion to make exceptions from this requirement.

by SCW 17 a high school graduate or the equivalent thereof, except that, if extraordinary circumstances exist, the director of the Kansas office of early childhood may exercise discretion to make exceptions from this requirement.

Sec.HOUSE BILL No.

6. K.S.A.2601—page 14 Sec.

7. K.S.A.

38-2272a,38-2223, 38- 2272a, 65-516 and 75-7719 are hereby repealed.

7. This8. This act shall take effect and be in force from and after its publication in the statute book.

I hereby certify that the above B ILL originated in the HOUSE , and was adopted by that body H OUSE adopted Conference Committee Report Speaker of the House.

Chief Clerk of the House.

Passed the SENATE as amended SENATE adopted Conference Committee Report President of the Senate.

Secretary of the Senate.

A PPROVED Governor.