SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 115
As Amended by House Committee on Child
Welfare and Foster Care

Brief*
SB 115, as amended, would amend law governing the
notice required in a hearing on a petition for adoption in the
Kansas Adoption and Relinquishment Act. The bill would
reorganize and clarify provisions related to notice required for
independent and stepparent adoptions, private agency
adoptions, and public agency adoptions.

Independent and Stepparent Adoptions
The bill would require notice in an independent and
stepparent adoption to be given to:
● The parents, presumed parents, or possible
parents;
● Any person who has physical custody of the child;
and
● Any legal guardian of the child.
Private Agency Adoptions
The bill would require notice in a private agency
adoption to be given to:
● The consenting agency;
____________________
*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
 ● The parents, the presumed parents, or possible
parents;
● Any relinquishing person;
● Any person who has physical custody of the child;
and
● Any legal guardian of the child.
Public Agency Adoptions
The bill would require notice in a public agency adoption
to be given only to the consenting agency.

Other Amendments
The bill would also clarify that a person who receives
notice of a hearing under this section would not be made a
party or granted standing based solely on the fact that the
person received such notice. The bill would further specify
that notice is not required to be given to a person whose
parental rights have been terminated or to a person who or
agency that has waived the right to receive notice in writing.

Effective Date
The bill would be in effect upon publication in the
Kansas Register.

Background
The bill was introduced by the Senate Committee on
Judiciary at the request of a representative of the Kansas
Judicial Council.


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Senate Committee on Judiciary
In the Senate Committee hearing on February 8, 2023,
proponent testimony was provided by representatives of
Saint Francis Ministries and the Kansas Judicial Council, who
stated the objective of the bill is to correct issues that have
arisen as a result of the Legislature expanding notice
requirements for public agency adoptions in 2018, which has
in some cases resulted in trauma for a child when a biological
parent whose rights have been terminated attends the
hearing.
No other testimony was provided.

House Committee on Child Welfare and Foster Care
In the House Committee hearing on March 15, 2023,
proponent testimony was provided by representatives of
Saint Francis Ministries and the Kansas Judicial Council, who
restated their positions from the Senate Committee hearing.
The House Committee amended the bill to make the bill
effective upon publication in the Kansas Register.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration states enactment of the bill could have a fiscal
effect on Judicial Branch operations because the bill’s
provisions would require district court clerks to send adoption
hearing notices to additional individuals, which would
increase the clerks’ workload. The Office indicates a fiscal
effect cannot be estimated until the Judicial Branch has had
an opportunity to operate under the bill’s provisions. Any
fiscal effect associated with enactment of the bill is not
reflected in The FY 2024 Governor’s Budget Report.
Adoption; notice of hearing; public agency adoption

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Statutes affected:
As introduced: 59-2133
As Amended by House Committee: 59-2133
Enrolled: 38-2211, 38-2212, 38-2213, 38-2309, 38-2310