SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2153
As Recommended by Senate Committee on
Judiciary

Brief*
Senate Sub. for HB 2153 would create the Child
Advocate Act (Act), which would establish the Office of the
Child Advocate (Office) within the Office of the Attorney
General (OAG). The bill would also create the Joint
Committee on Child Welfare System Oversight (Joint
Committee).

Child Advocate Act; Office of the Child Advocate (New
Sections 1 through 5 and Sections 7 through 11)
Purpose
The bill would state the purpose of the Office is to
receive and resolve complaints from legislators and from
persons involved with the child welfare system alleging that
the Department for Children and Families (DCF), DCF’s
contracting agencies, or the Department of Corrections
(KDOC) has provided inadequate protection or care of
children and assist the Legislature in conducting oversight of
the child welfare system to improve the safety and welfare of
children.


____________________
*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
Definitions
The bill would provide the following definitions:
● “Child” would mean an individual less than 18
years of age at the time such individual:
○ Is in the custody of the Secretary for Children
and Families (Secretary);
○ Was previously in the custody of the
Secretary;
○ Is alleged to be a child in need of care, as
provided in the Revised Kansas Code for
Care of Children (CINC Code); or
○ Was receiving services, treatment, or other
programs from KDOC; and
● “Office” would mean the Office of the Child
Advocate within the OAG and would include the
Child Advocate and staff.
Structure of the Office
The Office would be established as a division within and
under the jurisdiction of the Attorney General and would be
administered by the Child Advocate. The bill would provide,
when a vacancy occurs or will occur in the position of the
Child Advocate, the Attorney General would promptly notify
the chairperson of the Joint Committee (also created by the
bill). The Joint Committee would promptly receive
applications for the position and recommend three applicants
to the Attorney General, who would appoint the Child
Advocate, subject to confirmation by the Senate, for a term to
expire on January 15 of each even-numbered year, beginning
in 2022. The bill would require the Child Advocate to exercise
independent judgment in carrying out the duties of the Office
and to report to the Attorney General, who could remove the
Child Advocate for cause prior to the expiration of the Child
Advocate’s term of office.

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 The bill would require the Child Advocate to be selected
without regard to political affiliation and on the basis of
integrity and capacity for effectively carrying out the duties of
the Office and would prohibit any former or current executive
or manager of any program or agency or contracting agency
subject to oversight by the Office from being appointed as
Child Advocate within 12 months of such individual’s period of
service within such program or agency.
The Child Advocate would:
● Be in the unclassified service and receive an
annual salary equal to that of a district court judge;
and
● Have general managerial control over the Office
and establish the organizational structure of the
Office as the Child Advocate deems appropriate to
carry out the responsibilities and functions of the
Office.
The bill would provide that all budgeting, purchasing,
personnel, and related administrative functions of the Office
would be administered under the direction and supervision of
the Attorney General, with appropriations for the Office made
to the Attorney General by separate line item appropriations
for the Office. Within the limits of appropriations, the Attorney
General could hire unclassified employees necessary to
administer the Office, who would serve at the pleasure of the
Attorney General. The Child Advocate could obtain the
services of other professionals necessary to independently
perform the functions of the Office, including obtaining legal
services from the Attorney General as provided elsewhere in
statute.
The bill would require the Child Advocate to prepare the
annual budget request for the Office and present such
request to the Joint Committee. Upon approval of the Joint
Committee, the Child Advocate would submit the budget
request to the OAG to include with the OAG’s annual budget
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request to the Director of the Budget as other budget
requests are submitted.
Duties and Powers of the Child Advocate and the Office
The bill would require the Office to receive complaints
that allege DCF, the DCF’s contracting agencies, or KDOC,
by act or omission, failed to protect the physical or mental
health, safety, or welfare of any child, or failed to follow
established laws, rules and regulations, or written policies.
The bill would require the Child Advocate to:
● Establish and implement procedures for receiving
complaints;
● Provide DCF with a notice of availability that
describes the Office and procedures for contacting
the Office. The bill would require DCF ensure this
notice is prominently posted in DCF offices and
facilities receiving public moneys for the care and
placement of children;
● Maintain a publicly available website; and
● Publicize and notify individuals of the Office’s
services, purpose, and contact information.
The bill would allow the Child Advocate, after
consultation with the Joint Committee, to establish limits for
the type or number of complaints the Office receives to
maintain the Office’s ability to properly investigate and
resolve such complaints considering the Office’s personnel,
resources, authority, and expertise.
The bill would require the Office to independently
investigate complaints received, if the Office reasonably
believes the complaints’ allegations may be independently
verified through an investigation, and to resolve such
complaints. The bill would detail additional specific
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requirements and powers for the Office and other agencies
and officials in completing the investigation and resolution of
complaints, including:
● Information and records that may be accessed;
● Persons with whom the Office may communicate
privately;
● Judicial-related procedures that may be used;
● Recommendations the Office may make;
● Submission of findings or recommendations to the
Secretary for Children and Families or the
Secretary of Corrections, as appropriate;
● Referral of child abuse or neglect to an appropriate
law enforcement agency and notification of the
OAG; and
● Production of reports of findings of fact or
conclusions of law regarding any complaint, which
the Attorney General could file in any pending child
in need of care case on behalf of the Office.
To assist the Legislature in oversight of the child welfare
system, the bill would allow the Office to:
● Meet and discuss any matter in the scope of the
Act with the Joint Committee in regular or
executive session under the same duties of
confidentiality as provided for the Child Advocate;
● Review relevant statutes, rules and regulations,
policies, and procedures for the health, safety, and
welfare of children;
● Evaluate the effectiveness of and recommend
changes to procedures for reports of child abuse
and neglect for Child Protective Services,
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 including, but not limited to, the involvement of
DCF, service providers, guardians ad litem, court
appointed special advocates, and law enforcement
agencies; and
● Review and recommend changes to law
enforcement investigative procedures for and
emergency responses to reports of abuse and
neglect.
Duties of Other Agencies and Officials
To assist the Office in its duties under the Act, the bill
would require employees of DCF, the DCF’s contracting
agencies, KDOC, juvenile intake and assessment workers,
juvenile community corrections officers, guardians ad litem,
and court appointed special advocates to:
● Work diligently, promptly, and in good faith to assist
the Office;
● Provide full access to and production of records
and information requested by the Office, which
would not be a violation of confidentiality of such
records if provided and produced in good faith for
the purposes of the Act;
● Require employees and contractors of such
department or agency to comply with requests from
the Office;
● Allow employees of such department or agency to
file a complaint with or provide records or
information to the Office without supervisory
approval;
● Not willfully interfere with or obstruct any of the
Office’s duties; and


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 ● Promptly meet and consult with the Office upon
request of the Office.
Annual Report
The bill would require the Child Advocate, on or before
the beginning of each regular Legislative Session, to submit
an annual report to the Legislature that includes
recommendations for changes in statute, proposed annual
budget, personnel, and any other topics the Office deems
appropriate to properly perform the powers, duties, and
functions provided by the Act.
Confidentiality
The bill would state the Office would be subject to the
CINC Code, the Revised Kansas Juvenile Justice Code
(Juvenile Code), and any federal statutory disclosure
restrictions and confidentiality requirements applicable to the
state agency or other entity providing information to the
Office, with regard to the information received from the
agency or other entity.
Any files maintained by the Office would be confidential
and disclosed only at the discretion of the Child Advocate,
except that the identity of any complainant or child would not
be disclosed by the Office unless the complainant or child, or
either’s legal representative, consents in writing to such
disclosure or such disclosure is required by court order.
The bill would provide that any statement or
communication made by the Office relevant to a complaint
being investigated by the Office and any complaint made or
information provided in good faith by any person would be
absolutely privileged, and such person would be immune
from suit.
The bill would prohibit a representative of the Office
conducting or participating in any investigation of a complaint
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from knowingly disclosing to any person other than the Office,
or a person authorized by the Office, the name of any witness
examined or any information obtained or given during such
investigation. Such disclosure would be a class A nonperson
misdemeanor.
The bill would require the Office conducting or
participating in any investigation of a complaint to disclose the
final result of the investigation with the consent of the child or
the child’s legal representative.
The Office could not be required to testify in any court
with respect to matters held to be confidential in this section,
except as the court may deem necessary to enforce the
provisions of the Act, or when otherwise required by court
order.
The bill would state the provisions providing for
confidentiality of records would expire on July 1, 2026, unless
the Legislature reviews and reenacts the provisions, pursuant
to the Kansas Open Records Act, prior to July 1, 2026.
Retaliation; Prohibited Actions
Any person who knowingly takes “retaliatory action,” as
defined in the bill, against a child, DCF employee, or KDOC
employee for any communication made or information given
to the Office would be guilty of a class A nonperson
misdemeanor, except when an employee discloses
information the employee knows to be false or information
without regard for the truth or falsity of the information, or,
without lawful authority, information that is confidential as
provided by any other provision of law.
Access to Information (Sections 7 through 11)
The bill would amend statutes in the CINC Code and the
Juvenile Code to add the Office to the list of entities with
access to official files, social files, information from agency
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records, information in law enforcement records, records of
law enforcement officers and agencies, records of municipal
courts, and records, reports, and information obtained as part
of the juvenile intake and assessment process for juveniles.
[Note: Such access would be subject to continuing limits
based on relevancy and other factors contained in these
statutes.]
The bill also would make technical amendments to these
statutes to ensure consistency in statutory phrasing and
update a reference to the Commissioner of Juvenile Justice
to reflect agency reorganization.

Joint Committee on Child Welfare System Oversight
(New Section 6)
The bill would establish the Joint Committee, outline the
topics for Joint Committee review, provide for the
appointment and compensation of Joint Committee members,
establish the frequency of meetings, require an annual report
to designated House and Senate leadership positions and
certain standing committees, allow for professional services,
and authorize the Joint Committee to make recommendations
and introduce legislation.
Topics for Review
The Joint Committee would be required to review the
following:
● The Office report submitted pursuant to Section 3
of the bill, concerning changes in statute,
personnel, and any other topics the Office deems
appropriate to properly perform the powers, duties,
and functions provided by the Act;
● The Office’s proposed annual budget;

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● Data on child maltreatment and demographic
trends impacting the child welfare system;
● Duties, responsibilities, and contributions of DCF,
Kansas Department for Aging and Disability
Services (KDADS), Kansas Department of Health
and Environment (KDHE), KDOC, law
enforcement, and the Judicial Branch that
comprise and impact the child welfare system;
● Programs, services, and benefits offered directly or
through grants or contracts by DCF, KDADS,
KDHE, and the Judicial Branch that impact children
and families involved in, or at risk of becoming
involved in, the child welfare system, including:
○ Child maltreatment prevention;
○ Investigation of child maltreatment;
○ In-home family services, including services
offered through federal prevention and family
preservation funding; and
○ Foster care, reintegration, and adoption
services;
● Trends, performance outcomes, activities, and
improvement plans related to the federal child and
family services reviews;
● Reports from child welfare-related groups,
including citizen review panels, the Kansas
Supreme Court Permanency Planning Task Force,
the Kansas Children’s Cabinet, and any interim
study committees or work groups authorized by the
Kansas Legislature;
● Implementation of the 2019 Child Welfare System
Task Force Report recommendations, including
top-tier recommendations related to the child
welfare workforce, data technology, access to
behavioral health care for high-risk youth, and
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 implementation of the federal Family First
Prevention Services Act;
● Reports on concerns received from the DCF Child
Welfare Ombudsman, customer service
department, or similar office;
● Opportunities for Kansas to strengthen the child
welfare system through evidence-based
interventions and services for children and families;
and
● Any other topic the Joint Committee deems
necessary or appropriate.
Membership
The bill would provide for the appointment of 13
members to the Joint Committee:
● Two members of the House Committee on Children
and Seniors by the Speaker of the House of
Representatives;
● One member of the House Committee on Children
and Seniors by the Minority Leader of the House of
Representatives;
● Two members of the Senate Committee on Public
Health and Welfare by the President of the Senate;
● One member of the Senate Committee on Public
Health and Welfare by the Minority Leader of the
Senate;
● Two members of the House of Representatives by