Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 larry.campbell@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Larry L. Campbell, Director Laura Kelly, Governor


March 11, 2019


The Honorable Susan Concannon, Chairperson
House Committee on Children and Seniors
Statehouse, Room 149-S
Topeka, Kansas 66612
Dear Representative Concannon:
SUBJECT: Fiscal Note for HB 2187 by House Committee on Children and Seniors
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2187 is
respectfully submitted to your committee.
HB 2187 would create the Office of the Child Advocate for Children’s Protection and
Services within the Department of Administration. The purpose of the Office would be to assure
that children are receiving adequate protection and care through services offered by the
Department for Children and Families (DCF) and the Kansas Department of Corrections (KDOC).
The Office would be administered by the Child Advocate, who would be appointed jointly by the
Governor and the Chief Justice of the Kansas Supreme Court with the advice and consent of the
Senate. The Child Advocate would hold the office for a term of six years. The Child Advocate
would act independently of DCF and KDOC and have its own budget beginning in FY 2020. The
bill would require the Department of Administration to provide administrative support and staff
for the Office of the Child Advocate for Children’s Protection and Services.
The bill outlines the powers of the Office of the Child Advocate for Children’s Protection
and Services, which would include using the resources of the Office of the Attorney General, as
necessary. The Office of the Child Advocate for Children’s Protection and Services would be
required to develop and implement procedures for receiving, processing, responding to and
resolving complaints made by or on behalf of children who are recipients of services from DCF or
KDOC. The Office of the Child Advocate for Children’s Protection and Services would have the
authority to conduct an independent review of any entity within a county that has experienced
three or more reports of abuse or neglect in a calendar year. Files maintained by the Office of the
Child Advocate for Children’s Protection and Services may only be disclosed at the discretion of
the Child Advocate. The bill would make several amendments to current law regarding the
Office’s access to certain files and records.
DCF and KDOC would be required to enter into agreements with the Office of the Child
Advocate for Children’s Protection and Services to provide funding from available federal and
The Honorable Susan Concannon, Chairperson
Page 2—HB 2187

state funds in FY 2020 and in each subsequent fiscal year. The amounts for each subsequent fiscal
year must be adjusted appropriately for increases resulting from inflation or other factors and
cannot be less than the amounts provided for FY 2020.
Estimated State Fiscal Effect
FY 2019 FY 2019 FY 2020 FY 2020
SGF All Funds SGF All Funds
Revenue -- -- -- --
Expenditure -- -- $611,964 $766,064
FTE Pos. -- -- -- 9.00
The Department of Administration estimates it would require additional expenditures of
$122,741 in FY 2020 for 1.00 new Attorney FTE position. Of the total amount, $107,741 would
be for salaries and wages; $12,000 would be for other operating expenditures such as
communications, rent, printing and office supplies; and $3,000 would be for one-time costs for
office set up including office furniture and IT equipment. The funding source for the expenditures
is unknown until financial arrangements with the Department for Children and Families and the
Department of Corrections are determined. For the purposes of the table above, the expenditures
have been included under all funds.
The Department for Children and Families estimates the bill would require additional
expenditures totaling $396,129 in FY 2020, including $364,770 from the State General Fund and
$31,359 from federal funds. This amount represents the agency’s costs of complying with the
requirements of the Office of the Child Advocate for Children’s Protection and Services. It
excludes revenue transfers or other funding that might be provided to the Department of
Administration. Currently, there is no authority for DCF to transfer State General Fund dollars to
the Department of Administration. This authority would need to be added to HB 2187 or an
appropriations bill. The estimate includes $355,299 for salaries and wages expenditures for 6.00
new FTE positions and $40,830 for associated other operating expenditures. The 6.00 FTE
positions would include the following:
1. 1.00 Management Analyst II FTE position to provide the Office of the Child Advocate for
Children’s Protection and Services with names and locations of children under DCF
jurisdiction and written reports of child abuse and neglect;
2. 1.00 Administrative Officer FTE position in DCF’s Office of Client Services to coordinate
concerns and complaints with the Office of the Child Advocate for Children’s Protection
and Services; and
3. 4.00 Program Consultant II FTE positions (one for each region) to compile information
from case files upon receiving requests from the Office the Child Advocate for Children’s
Protection and Services. DCF notes it receives an average of 52 concerns per week.
DCF indicates that the bill would require case management providers to locate and compile
information requested by the Office of the Child Advocate for Children’s Protection and Services.
The Honorable Susan Concannon, Chairperson
Page 3—HB 2187

Any additional costs incurred by providers to comply with requests could affect contract rates with
the providers. If this occurs, it would be addressed as part of the consensus caseload process. DCF
estimates the fiscal effect in the out-years would be $390,860 in FY 2021, $392,467 in FY 2022
and $394,127 in FY 2023 from all funding sources, including $359,954, $361,429 and $362,952,
respectively, from the State General Fund.
The Department of Corrections estimates the provision requiring it to transfer state or
federal funds would have a fiscal effect on the agency. However, the fiscal effect cannot be
determined until it is known how much the Department would be required to transfer under the
agreement with the Office of the Child Advocate for Children’s Protection and Services. It is
presumed that any funding provided by the Department of Corrections would be diverted from
existing resources within current Department of Corrections programs.
The Office of the Attorney General estimates the bill would require additional expenditures
of $247,194 from the State General Fund for FY 2020. The estimate includes $224,837 for the
salaries and wages of 2.00 new Assistant Attorney General FTE positions and $22,357 for
associated operating expenses. The Office of the Attorney General anticipates the legal support
required by the Office of the Child Advocate for Children’s Protection and Services would be
substantial.
The Office of Judicial Administration indicates that the bill could have a fiscal effect on
the operations of the court system from increasing the number of juvenile and child in need of care
cases; requiring additional supervision of offenders by court services officers; and requiring the
Supreme Court to devote time to appoint a Child Advocate and to address any other issues that
may arise from establishing the new office. However, the Office of Judicial Administration is
unable to estimate the number of additional cases that would occur, or the additional time
requirements needed by court service officers and the Supreme Court. Any fiscal effect associated
with HB 2187 is not reflected in The FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Director of the Budget

cc: Linda Kelly, Corrections
Janie Harris, Judiciary
Colleen Becker, Department of Administration
Jackie Aubert, Children & Families
Willie Prescott, Office of the Attorney General


Statutes affected:
As introduced: 38-2211, 38-2212, 38-2213, 38-2309, 38-2310, 38-2212a