Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


February 10, 2021


The Honorable Kellie Warren, Chairperson
Senate Committee on Judiciary
Statehouse, Room 441B-E
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 123 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 123 is
respectfully submitted to your committee.
SB 123 would amend the Revised Code for Care for Children. The bill would provide the
procedures for a person to petition for the termination of parental rights of a parent who committed
rape, aggravated indecent liberties of a child, or incest that resulted in a birth of a child. A person
could bring an action at any time during the child’s minority to terminate the parental rights
whether or not a conviction has occurred.
The bill would require a hearing to be held in a court within 60 days of the petition, the
records would be confidential, and the proceedings would be closed. The bill would prohibit a
docket fee from being assessed for court actions. If the parental rights are terminated, the child
could still inherit from the offender and the offender would still be responsible for child support
unless the petitioner waives the obligation and the court approves. The genetic, medical and social
history of the child could be required to be shared. In determining the issue of legal custody,
residency and parenting time of a child, the court would consider evidence of sexual assault of the
child along with many other factors. The court could conclude that a parent is unfit if a parent has
committed rape, aggravated indecent liberties or incest that resulted in the conception of a child.
The Department for Children and Families states that enactment of SB 123 could result in
more children entering foster care. The monthly average cost for one child to be placed in foster
care is $3,258 or $39,096 annually. However, the Department for Children and Families is unable
to determine the number of children that the bill could affect.
The Honorable Kellie Warren, Chairperson
Page 2—SB 123

The Office of Judicial Administration indicates that enactment of SB 123 could increase
the number of cases filed in district courts relating to termination of parental rights. The bill would
also result in the reduction of docket fee assessments as the courts would not be allowed to collect
docket fees for termination of parental rights cases. However, it is not possible to estimate the
number of additional court cases that would arise or the resulting loss of revenue. Any fiscal effect
associated with SB 123 is not reflected in The FY 2022 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Kim Holter, Children & Families
Debbie Thomas, Judiciary
Willie Prescott, Office of the Attorney General


Statutes affected:
As introduced: 23-3203, 38-2269, 38-2271, 38-2266