SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2361
As Recommended by House Committee on
Child Welfare and Foster Care

Brief*
HB 2361 would amend the Revised Kansas Code for
Care of Children regarding the requirement that the court give
preference as to the custody for adoption of a child in need of
care (CINC) first to a relative and second to a person with
whom the child has close emotional ties, to the extent the
court finds such custody is in the best interest of a child. The
bill would not apply the requirement that the court give first
preference to a relative when a child has been in the custody
of the Secretary for Children and Families for one or more
cumulative years.

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 February 15, 2023,
proponent testimony was provided by a representative of the
Sisters of Charity of Leavenworth who stated the bill could
prevent a child from experiencing trauma by being removed
from those with whom a child has emotional ties.

____________________
*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
 Neutral testimony was provided by the Secretary for
Children and Families who stated, in 2022, the House
Committee on Children and Seniors requested the Judicial
Council review attachment in child placement decisions and
adoption proceedings in CINC cases. The Secretary noted
the Judicial Council Juvenile Offender/CINC Advisory
Committee (Advisory Committee) completed an in-depth
study of the current process from termination or
relinquishment of parental rights to the selection of adoptive
parents and published a report on the consideration of
attachment when selecting an adoptive resource in CINC
cases. The Secretary noted the Advisory Committee
recommended, when making permanency decisions, that
attachment be considered in determining the best interest of
the child. The Secretary noted the Advisory Committee
recommendations would be an effective path forward.
No other testimony was provided.
The bill was withdrawn from the House Committee on
Child Welfare and Foster Care and referred to the House
Committee on Appropriations (Appropriations) on February
23, 2023. On March 1, 2023, the bill was withdrawn from
Appropriations and rereferred to the House Committee on
Child Welfare and Foster Care.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, the Office of Judicial Administration
and the Department for Children and Families indicate
enactment of the bill would have no fiscal effect on the
Judicial Branch or agency.
Revised Kansas Code for Care of Children; child in need of care; adoption;
preference to relative; attachment


2- 2361


Statutes affected:
As introduced: 38-2270