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 13, 2023


The Honorable Fred Patton, Chairperson
House Committee on Judiciary
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Patton:
SUBJECT: Fiscal Note for HB 2356 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2356 is
respectfully submitted to your committee.
HB 2356 would require that if the parties of a parenting plan are not in agreement on a
permanent parenting plan, the parties must each submit a proposed plan to the court for
consideration before the final hearing as directed by the court. The court would then be required
to adopt a permanent parenting plan that maximizes each party’s parenting time and is consistent
with the best interests of the child. The court would also be required to make specific findings of
fact stating the factors and reasons why the plan ordered by the court is in the best interests of the
child. A court would be prohibited from adopting a local rule, form, or practice that requires a
standardized or default parenting plan.
When the court determines legal custody, residency, or parenting time, the court would be
required to consider whether a parent intentionally misled the court in order to cause unnecessary
delay, increase litigation costs and expenses, or improperly influenced the court to determine legal
custody, residency, or parenting time in a manner favorable to such parent. The court could issue
an agreement or order for a temporary parenting plan in matters where temporary orders related to
custody are authorized. When making an order for a temporary parenting plan, there would be a
presumption that it is in the best interests of the child for parents to have temporary joint legal
custody and maximized parenting time with each parent. The objective of permanent parenting
plans would be to set a schedule to maximize parenting time with each parent.
The Office of Judicial Administration indicates that HB 2356 could have a fiscal effect on
the Judicial Branch. The bill could increase the time spent by district court judicial personnel in
reviewing parenting plans and would require the court to make specific findings in the case.
The Honorable Fred Patton, Chairperson
Page 2—HB 2356

Nevertheless, until the courts have had an opportunity to operate under the provisions of HB 2356,
an accurate estimate of the fiscal effect on expenditures by the Judicial Branch cannot be given.
The Department for Children and Families indicates that HB 2356 would have no fiscal
effect on the agency. Any fiscal effect associated with HB 2356 is not reflected in The FY 2024
Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Kim Holter, Department for Children & Families
Vicki Jacobsen, Judiciary


Statutes affected:
As introduced: 23-3202, 23-3203, 23-3211, 23-3212, 23-3213, 23-3221, 75-720