This bill amends the Kansas Code for Care of Children by redefining neglect and establishing stricter criteria for the removal of children from their homes. It explicitly prohibits the removal of a child solely due to financial inadequacy, requiring evidence of imminent harm beyond financial constraints. The revised definition of neglect clarifies that harm to a child cannot be solely attributed to the financial means of their parents or guardians. Additionally, the bill allows courts to consider parental involvement in services when making decisions about child removal, aiming to protect children from unnecessary separations while prioritizing their safety and well-being.
The bill also details the requirements for petitions requesting child removals, mandating that they include specific facts demonstrating that remaining in the home would be contrary to the child's welfare. It specifies that factors like poverty, isolation, and substance abuse cannot alone indicate imminent harm. Furthermore, the bill establishes procedures for temporary custody hearings to be held within 72 hours of a child's protective custody, emphasizes the need for probable cause for removal, and mandates reasonable efforts to maintain family unity. It introduces provisions for restraining orders against alleged abusers and outlines the court's authority regarding temporary custody arrangements, while repealing certain existing statutes that are replaced by these new provisions.
Statutes affected: As introduced: 38-2234, 38-2243, 38-2202