SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2194
As Amended by House Committee on Child
Welfare and Foster Care

Brief*
HB 2194, as amended, would enact the Representative
Gail Finney Memorial Foster Care Bill of Rights (Bill of Rights)
within the Revised Kansas Code for Care of Children (Code),
which would enumerate the rights of children in need of care
in the child welfare system (foster youth) and the rights of
foster parents and kinship caregivers. The bill would also
outline the requirements of the Secretary for Children and
Families (Secretary) and case management providers to
notify foster youth, foster parents, and kinship caregivers of
the Bill of Rights. The bill would also add a definition of
“kinship caregiver” in the Code and would amend law
governing jurisdiction of proceedings under the Code to apply
the federal Indian Child Welfare Act (ICWA) to the Bill of
Rights.

Jurisdiction, Indian Child Welfare Act
The bill would amend law governing jurisdiction of
proceedings under the Code to specify the provisions
contained in the Bill of Rights could not apply when an Indian
child is involved in a child in need of care (CINC) proceeding,
and would state the ICWA applies instead.


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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Definition of “Kinship Caregiver”
The bill would add the definition of “kinship caregiver” to
the Code, defined as an adult that the Secretary has selected
for placement for a child in need of care with whom the child
or child’s parent already has close emotional ties.

Rights of Foster Youth
The bill would provide that, consistent with the policy of
the State expressed in the Code to provide proper care and
protection of foster youth, such youth would have certain
rights, as described by the bill, unless otherwise ordered by
the court.

Rights of Foster Parents and Kinship Caregivers
The bill would provide that, consistent with the policy of
the State expressed in the Code to ensure active participation
of foster parents and kinship caregivers as an integral,
indispensable, and vital role in the State’s efforts to care for
foster youth, such foster parents and kinship caregivers shall
have certain rights, as described by the bill, unless otherwise
ordered by the court.

Notification of Rights; Prohibition on Private Right of
Action
The bill would require the Secretary to provide written
and oral notification of the Bill of Rights as well as information
for filing complaints to foster youth, foster parents, and
kinship caregivers, and make the Bill of Rights available on
the Secretary’s website.
The bill would also require case management providers
to make available physical and digital copies of the Bill of
Rights.

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 The bill would specify that the Bill of Rights would not
create a private right of action independent of the Code, but
may be enforced through equitable relief in a corresponding
CINC case.

Background
The bill was introduced by the House Committee on
Child Welfare and Foster Care at the request of
Representative Concannon.

House Committee on Child Welfare and Foster Care
In the House Committee hearing on January 30, 2023,
representatives of the Children’s Alliance of Kansas and
FosterAdopt Connect and Representative Carlin testified as
proponents of the bill. Proponents stated the need for both
foster youth and foster parents to have a clear statement of
rights in order to feel empowered in navigating the child
welfare system and expressed gratitude that the bill’s
provisions would be a memorial to the late Representative
Finney, who worked to pass similar legislation in years prior.
Written-only proponent testimony was submitted by
Representative Sawyer Clayton, a case manager, the Child
Advocate, and representatives of the Center for the Rights of
Abused Children, Department for Children and Families
(DCF), Kansas Appleseed Center for Law and Justice, and
TFI Family Services. [Note: Some of the testimony submitted
references HB 2112, a bill containing similar provisions
introduced by the Joint Committee on Corrections and
Juvenile Justice Oversight on January 20, 2023.]
No other testimony was provided.
On February 22, 2023, the bill was withdrawn from the
House Calendar and referred to the House Committee on
Appropriations (Appropriations). On March 1, 2023, the bill

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was withdrawn from Appropriations and rereferred to the
House Committee on Child Welfare and Foster Care.
On March 15, the House Committee amended the bill to:
● Specify that ICWA applies over the Bill of Rights
when an Indian child is involved in a CINC case;
● Add a right provided to foster youth concerning
retaliation;
● Clarify a right provided to foster parents and
kinship caregivers concerning discrimination;
● Specify notification requirements of the Secretary
and case management providers;
● Add a definition of “kinship caregiver” to the Code;
and
● Add references to kinship caregivers throughout
the bill.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration and DCF indicate enactment of the bill would
have no fiscal effect.
Foster care; foster parent; foster youth; foster care bill of rights; kinship caregiver;
Indian Child Welfare Act; Revised Kansas Code for Care of Children


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Statutes affected:
As Amended by House Committee: 38-2202, 38-2203, 23-37, 38-2258, 38-2261