WeVote
Log In

Bill

Bill

HB 2175

Relating to controlled substance crimes; prescribing an effective date.

2025 Regular Session Introduced by Tom Andersen and 4 co-sponsors

Strengthens parental notice and protections in DCF investigations, including mandatory written/verbal notices, a time‑limited agreement option if a child is removed, and a required

In committee upon adjournment.
0
WeVote Research Nonpartisan
Bill Summary · HB 2175

HB 2175 — Summary (Kansas, 2025 session)

Status and procedure
- Introduced: January 28, 2025 (House).
- Hearing: House Committee on Child Welfare and Foster Care — February 7, 2025, 1:30 PM, Room 152‑S.
- Statutory revisions: amends K.S.A. 38‑2217 and 38‑2229 and K.S.A. 2024 Supp. 38‑2226; repeals existing sections as listed in the bill.

Purpose and intent
- To strengthen parental notice and procedural protections during Department for Children and Families (DCF) investigations of child abuse or neglect; to create a formal, time‑limited agreement option between a parent and the secretary when a child is removed during an investigation; to require a written closing report at the end of investigations; and to allow parents to withhold certain records or examinations unless a court orders disclosure.

Key provisions
1. Mandatory written and verbal notice on first contact
- When DCF opens an investigation or law enforcement removes a child, the secretary or the officer must give parents both a written summary and a verbal notification at first contact.
- The written summary must be brief, in the parent’s language, and include: how investigations and removals are conducted; that statements may be used in criminal/CINC proceedings; how to access files and the child; right to legal counsel; a description of allegations; and a proposed child‑placement resources form to identify kinship placement options.
- Verbal notice must include rights such as: refusing to speak without counsel; ability to obtain legal assistance (including court‑appointed counsel when indigent and DCF seeks custody/removal); right to refuse DCF entry or interview without a court order; rights to withhold medical/mental‑health records or examinations of the child and to refuse drug testing — unless a court orders disclosure.

  1. Agreement option when child removed

    • If a child is removed by law enforcement or by emergency court order (or parent is receiving DCF services), the parent may enter a written agreement with the secretary to be included in the child’s case plan.
    • The agreement must specify duties of each party, conditions and frequency for parental access/communication, a termination date (generally within 30 days unless extended), and other terms necessary for child safety.
    • The bill requires a conspicuous statement in the agreement (text in source truncated).

  2. Investigation closing report and documentation

    • DCF must complete a written report when an investigation is closed.
    • DCF must document that verbal notification was given and develop verification forms; materials must be provided to law enforcement and posted publicly.

  3. Evidence consequences

    • If required notifications are not provided, information obtained from the parent (and information that would not have been discovered without it) is not admissible against the parent in civil proceedings.

Fiscal and operational impact
- Division of the Budget (fiscal note): estimated increased expenditures of $743,455 total, including $530,641 from the State General Fund beginning FY2026. Costs reflect hiring 6 additional attorneys (one per DCF region) and ongoing operating expenses.
- Judicial Branch: potential, unspecified expenditure effects because the bill increases circumstances where courts must make probable‑cause determinations or orders to obtain records; an accurate estimate was not provided.
- Kansas Board of Healing Arts: no fiscal effect reported.

Who is affected
- Parents of children subject to DCF abuse/neglect investigations, children removed from homes, DCF (staff and regional attorneys), law enforcement partners, district courts, and public defenders/legal services.

Notes
- Source text for one required agreement statement was truncated in the provided materials; summary reflects available language.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.