The bill amends the Kansas code for the care of children by redefining neglect and establishing new criteria for the removal of children from their homes. It explicitly prohibits the removal of a child solely due to financial hardship, ensuring that such circumstances cannot be classified as neglect without evidence of serious harm demonstrated through multiple factors. The bill also allows courts to consider parental participation in services when making decisions about child removal. Additionally, it modifies the conditions under which law enforcement officers may take a child into custody, changing the language from "shall" to "may" and removing the requirement for probable cause in cases involving runaways or missing children. Officers are now required to explore alternative options to protect the child before resorting to removal.

Moreover, the bill mandates that law enforcement must take a child into custody only under specific conditions, such as having a court order or probable cause of a court order. It requires the Secretary for Children and Families to respond to referrals of potential abuse or neglect within 24 hours and introduces an electronic communication system for law enforcement to refer children for investigation. The bill outlines the requirements for filing petitions in cases involving children in need of care, emphasizing that serious harm cannot be based solely on poverty or inadequate housing. It also establishes procedures for temporary custody hearings to occur within 72 hours of a child's protective custody and mandates consideration of prevention services before ordering removal. The bill will take effect upon publication in the statute book.

Statutes affected:
As introduced: 38-2234, 38-2243, 38-2202
Sub: 38-2202, 38-2231, 38-2234, 38-2243, 72-3120, 38-2232