Kansas HB 2175: Requiring disclosure to veterans in certain materials concerning veterans' benefits.

Bill Text

Session of 2025
HOUSE BILL No. 2175
By Committee on Child Welfare and Foster Care
Requested by Representative Howerton
1-30
AN ACT concerning children and minors, relating to the revised Kansas
code for care of children; requiring that notification of a parent's rights
be provided to parents of a child who is the subject of an investigation
of abuse or neglect or has been removed from the home by a law
enforcement officer; providing for an agreement between the secretary
and a parent of a child when a child is removed from the home during
an investigation of abuse or neglect; requiring the secretary to complete
a written report when an investigation is closed; allowing a parent to
withhold certain information unless otherwise ordered by a court;
amending K.S.A. 38-2217 and 38-2229 and K.S.A. 2024 Supp. 38-
2226 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The secretary for children and families or a law
enforcement officer shall provide a written and verbal notification to a
parent of a child upon first contact with such parent when the secretary has
received a report of abuse or neglect of such child and has decided to open
an investigation related to such report or a law enforcement officer has
taken such child into custody pursuant to K.S.A. 38-2231, and
amendments thereto.
(b) The notification provided to a parent as required by subsection (a)
shall include:
(1) A written summary that:
(A) Is brief and easily understood;
(B) is written or read aloud in a language that such parent
understands; and
(C) contains the following information:
(i) The secretary's procedures for conducting an investigation of child
abuse or neglect, including:
(a) A description of the circumstances under which the secretary
would request the court to remove a child from the home;
(b) an explanation that the law requires, when appropriate under
K.S.A. 38-2226, and amendments thereto, a joint effort to be conducted by
the secretary and the appropriate law enforcement agency that may result
in criminal investigations or charges; and
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(c) an explanation that any statement or admission made by the parent
to anyone or publicly through electronic means may be used against such
parent in criminal or child in need of care proceedings;
(ii) the parent's right to file a complaint with the secretary;
(iii) the ability to request a review of files subject to K.S.A. 38-2210
and 38-2211, and amendments thereto;
(iv) the parent's right to review all records of the investigation unless
the review would jeopardize an ongoing criminal investigation or the
child's safety, pursuant to section 3, and amendments thereto;
(v) the parent's right to seek legal counsel;
(vi) references to this code and rules and regulations governing child
abuse and neglect and how the parent may obtain copies of such code and
rules and regulations;
(vii) how the parent may access a child that has been removed from
the home;
(viii) the same information provided verbally under paragraph (2);
and
(ix) a description of the allegations that the secretary is investigating;
and
(D) encourages the parent to document each contact with the
secretary or child that is related to the investigation, including paperwork
and electronic communications;
(2) a verbal notification to the parent of such parent's right to:
(A) Not speak with the secretary without legal counsel being present;
(B) receive assistance from an attorney;
(C) have a court-appointed attorney if:
(i) The parent is indigent; and
(ii) the secretary seeks a court order for protective custody pursuant
to K.S.A. 38-2242, and amendments thereto, or removal of a child from
the home;
(D) record any interaction or interview, with the understanding that
the recording may be subject to disclosure to the secretary, law
enforcement agency or another party under a court order;
(E) refuse to allow the secretary to enter the home or interview the
child without a court order pursuant to K.S.A. 38-2229, and amendments
thereto;
(F) have legal counsel present before allowing the secretary to enter
the parent's home or interview the child;
(G) withhold any medical or mental health records of the parent or
child, unless disclosure of such records is ordered by a court pursuant to
K.S.A. 38-2217, and amendments thereto;
(H) withhold any medical or psychological examination of the child,
unless such examination is ordered by a court;
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(I) refuse to submit to a drug test; and
(J) consult with legal counsel prior to entering into any agreement
pursuant to section 2, amendments thereto; and
(3) if the secretary determines that removal of the child may be
warranted, a written proposed child placement resources form, developed
in a form and manner