SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 104
As Recommended by Senate Committee on
Judiciary

Brief*
SB 104 would amend law in the Revised Kansas Code
for Care of Children governing the entry of a court order
directing a child who is the subject of a child in need of care
proceeding to remain in a present or future placement if
certain conditions, outlined in continuing law, are met. The bill
would make entry of such an order mandatory rather than
permissive.

Background
The bill was introduced by the Senate Committee on
Judiciary at the request of Senator Wilborn, on behalf of
Senator Longbine. [Note: The bill contains provisions similar
to those found in 2020 SB 332, as recommended by the
Senate Committee.]

Senate Committee on Judiciary
In the Senate Committee hearing on February 9, 2021,
representatives of EmberHope Youthville and the North
Central Kansas Regional Juvenile Detention and Geary
County Secure Care Center testified as proponents, stating
the objective of the bill is to ensure at-risk youth receive the
supervision and services provided by secure placement.

____________________
*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
 Written-only opponent testimony was provided by a
representative of the Department for Children and Families
(DCF), expressing concern regarding the bill’s removal of
judicial discretion in placement orders.
No other testimony was provided.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget, DCF, and the Office of Judicial Administration
indicate enactment of the bill would have no fiscal effect on
the respective agencies.
Revised Kansas Code for Care of Children; placement orders; children and minors


2- 104


Statutes affected:
As introduced: 38-2260