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HB 2302

Requiring a law enforcement officer to consult with the secretary for children and families before taking a child into custody and that the secretary respond and offer consultation to such law enforcement officer outside of the secretary's operating hours.

2025-2026 Regular Session Introduced by Jarrod Ousley

Law enforcement must consult with the Kansas Department for Children and Families before taking a child into custody in immediate-harm situations, with DCF staffing to respond outs

Died in Committee
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Bill Summary · HB 2302

HB 2302 — Summary (Kansas, 2025)

Status: Introduced Jan 31, 2025; referred to Committee on Child Welfare and Foster Care. (Amends K.S.A. 2024 Supp. 38-2231.)

Main purpose

Require law enforcement to contact and consult with the Secretary for Children and Families (DCF) before taking a child into custody in situations where the officer reasonably believes the child will be harmed if not immediately removed, and require DCF to provide response and consultation outside of its normal operating hours.

Key provisions

  • Amends K.S.A. 2024 Supp. 38-2231:
    • Adds that a law enforcement officer must contact, receive a response from, and consult with the secretary for children and families before taking a child into custody when the officer reasonably believes immediate removal is necessary to prevent harm (new subsection (b)(1)).
    • Requires the secretary (DCF) to maintain operations outside normal operating hours to provide such responses and consultation and to provide operations to facilitate that response (subsection (c)).
    • Retains other existing custody triggers (court orders; probable cause of existing custody orders; runaways/missing children; victims of trafficking; behavioral health crisis).
    • Clarifies reporting duties for persons sheltering runaways and the option for law enforcement to let a runaway remain where sheltered (with notification to the secretary).
  • Repeals and replaces the existing section as amended.

Who is affected

  • Law enforcement officers and agencies in Kansas: new duty to contact and consult DCF in specified emergency removal situations.
  • Kansas Department for Children and Families (DCF): must staff/operate a response capability outside routine hours and provide consultation operations.
  • Children and families: potential change in decision-making, with increased DCF involvement prior to custody removal.
  • Entities/persons providing shelter to runaways: reporting obligations remain and DCF notification requirements apply.

Fiscal and operational impact

  • DCF fiscal note (Feb 16, 2025): estimates 2,509 police protective custody cases annually, with ~1,765 occurring outside DCF’s current operating hours.
  • Staffing and cost estimate: addition of 6 protective service workers and 1 supervisor (7.00 FTE) with estimated FY2026 expenditures of $692,383 total; $666,557 from the State General Fund. Ongoing FTE and costs anticipated in subsequent years (adjusted for salaries/fringe).

Timeline / procedural notes

  • Bill introduced Jan 31, 2025; referred to Committee on Child Welfare and Foster Care.
  • Effective as provided in the act (the text states the act takes effect upon publication in the statute book).

Related/companion measures

  • Companion bill noted: SB 971.

If you want, I can:
- Extract the precise statutory language changes (redline-style);
- Map likely operational steps DCF would need to implement the after-hours response; or
- Draft talking points for stakeholders (law enforcement, DCF, county officials).

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

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