HB 2601

                             HOUSE BILL No. 2601
AN ACT concerning children and minors; relating to child abuse or neglect and reports
   thereof; establishing a child abuse and neglect registry to be maintained by the
   secretary for children and families; requiring administrative hearings and an
   opportunity for appeal before placing an individual on the registry; allowing for
   expungement from the registry; limiting use of information on the registry;
   permitting the secretary to maintain other registries or records to meet federal
   requirements; voiding existing rules and regulations; requiring reports of abuse or
   neglect to include information regarding child custody disputes and that the secretary
   report to the legislature on such information; amending K.S.A. 59-2132 and K.S.A.
   2025 Supp. 38-2223, 38-2272a, 65-516 and 75-7719 and repealing the existing
   sections.
Be it enacted by the Legislature of the State of Kansas:
    New Section 1. (a) There is hereby established a child abuse and
neglect registry to be maintained by the secretary for children and
families.
    (b) Except as provided in subsections (c) and (d), the secretary
shall not place an individual who has been alleged to have abused or
neglected a child on the registry without providing notice and an
opportunity for a hearing and any subsequent appeals as provided for in
this section.
    (1) If the secretary investigates and determines that a report of
child abuse or neglect is substantiated, the secretary shall place the
individual on the registry only after proper notice and an opportunity
for a hearing in accordance with the Kansas administrative procedure
act except as otherwise provided in this subsection.
    (2) The presiding officer of a proceeding initiated under this
subsection shall not be the secretary for children and families or a
person designated by the secretary.
    (3) An individual may waive the right to a hearing and not contest
placement on the registry. Such waiver shall not be presented as
evidence or admission of guilt in other administrative or judicial
proceedings. Prior to any hearing or waiver of the right to a hearing, the
individual shall have access to the records from the department for
children and families pertaining to the report of the alleged instance of
abuse or neglect.
    (4) The individual who is the subject of the proceeding may be
represented by counsel before the presiding officer, including counsel
appointed by a district court in a child in need of care or criminal
proceeding related to the report of child abuse or neglect.
    (5) The presiding officer shall enter an order containing findings
of fact and whether the evidence supports the secretary's determination
that a report of child abuse or neglect is substantiated. If the presiding
officer finds by clear and convincing evidence that the report of child
abuse or neglect is substantiated, the presiding officer shall order the
secretary to place the individual on the registry, otherwise the presiding
officer shall order the secretary not to place the individual on the
registry. The presiding officer shall provide a copy of such order to the
individual, and such order shall be accompanied with information on
how to appeal such order in accordance with paragraph (6).
    (6) An individual ordered to be placed on the registry may appeal
such decision to the district court pursuant to the Kansas judicial review
act within 30 days after the order was entered.
    (c) If a county attorney or district attorney files a petition alleging
that an individual has committed a crime against a child or has abused
or neglected a child pursuant to the revised Kansas code for care of
children, the attorney shalltransmit information regarding such petition
to the secretary so that the secretary may investigate and place the
individual on the registry subject to this section.
    (d) The court shall order the secretary to place an individual on the
registry if the individual is:
    (1) Convicted of a crime against a child; or
    (2) found to have abused or neglected a child pursuant to the
revised Kansas code for care of children.
    (e) (1) The secretary may expunge the name of an individual
ordered to be placed on the registry from the registry under this section
                    HOUSE BILL No. 2601—page 2
when:
    (A) The individual has requested the expungement in a form and
manner prescribed by the secretary;
    (B) three years have elapsed since the order was entered; and
    (C) the secretary has considered the following in granting such
expungement:
    (i) The nature and severity of the abuse or neglect case against the
applicant;
    (ii) the number of any other substantiated reports of abuse or
neglect involving the applicant;
    (iii) circumstances that no longer contribute to the finding;
    (iv) whether the applicant was a juvenile at the time of the finding;
and
    (v) actions taken by the applicant to prevent the reoccurrence of
abuse or neglect.
    (2) The secretary shall provide notice to the individual indicating
whether a request for expungement pursuant to paragraph (1) was
granted or denied, and such notice shall be accompanied with
information on how to appeal such decision. If the secretary does not
grant an expungement, the individual may appeal such decision to the
district court pursuant to the Kansas judicial review act within 30 days
after such notice is provided.
    (3) After an individual has been on the registry for 20 years, the
secretary shall review and may expunge the name of such individual
using the criteria described in this subsection.
    (f) Information contained in the registry shall be confidential and
protected under K.S.A. 38-2209 through 38-2213, 45-221 and 77-501
et seq., and amendments thereto, except for the purposes of K.S.A. 38-
2272, 59-2132, 65-516 and 75-7719, and amendments thereto.
    (g) On and after July 1, 2027, any existing rule and regulation
adopted by the secretary concerning any child abuse and neglect
registry shall be null, void and unenforceable. The secretary shall adopt
new rules and regulations to implement the provisions of this section.
    (h) This section shall not be construed to prohibit the secretary for
children and families from maintaining any child abuse and neglect
registry or record required by federal law. If such a registry or record is
maintained by the secretary, information contained in such registry or
record shall be confidential and not disclosed unless otherwise required
by federal law for the maintenance of such registry or record.
    (i) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
    Sec. 2. K.S.A. 2025 Supp. 38-2223 is hereby amended to read as
follows: 38-2223. (a) Persons making reports. (1) When any of the
following persons has reason to suspect that a child has been harmed as
a result of physical, mental or emotional abuse or neglect or sexual
abuse, the person shall report the matter promptly as provided in
subsections (b) and (c);
    (A) The following persons providing medical care or treatment:
Persons licensed to practice the healing arts, dentistry and optometry,
persons engaged in postgraduate training programs approved by the
state board of healing arts, licensed professional or practical nurses and
chief administrative officers of medical care facilities;
    (B) the following persons licensed by the state to provide mental
health services: Licensed psychologists, licensed masters level
psychologists, licensed clinical psychotherapists, licensed social
workers, licensed marriage and family therapists, licensed clinical
marriage and family therapists, licensed behavioral analysts, licensed
assistant behavioral analysts, licensed professional counselors, licensed
clinical professional counselors and registered alcohol and drug abuse
counselors;
    (C) teachers, school administrators and other employees of an
educational institution that the child is attending and any member of the
board of directors of the Kansas state high school activities association
referenced in K.S.A. 72-7114, and amendments thereto, and any person
                   HOUSE BILL No. 2601—page 3
who is employed by or is an officer of such association;
    (D) persons licensed by the secretary of health and environment to
provide child care services or the employees of persons so licensed at
the place where the child care services are being provided to the child;
    (E) firefighters, emergency medical services personnel, law
enforcement officers, juvenile intake and assessment workers, court
services officers, community corrections officers, case managers
appointed under K.S.A. 23-3508, and amendments thereto, and
mediators appointed under K.S.A. 23-3502, and amendments thereto;
and
    (F) any person employed by or who works as a volunteer for any
organization, whether for profit or not-for-profit, that provides social
services to pregnant teenagers, including, but not limited to, counseling,
adoption services and pregnancy education and maintenance.
    (2) In addition to the reports required under subsection (a)(1), any
person who has reason to suspect that a child may be a child in need of
care may report the matter as provided in subsection (b) and (c).
    (b) Form of report. (1) The report may be made orally and shall be
followed by a written report if requested. Every report shall contain, if
known:
    (A) The names and addresses of the child and the child's parents or
other persons responsible for the child's care;
    (B) the location of the child if not at the child's residence;
    (C) the child's gender, race and age;
    (D) the reasons why the reporter suspects the child may be a child
in need of care;
    (E) if abuse or neglect or sexual abuse is suspected, the nature and
extent of the harm to the child, including any evidence of previous
harm;
    (F) any custody dispute involving the child who is the subject of
the report and, if there is a known dispute, any information regarding
such dispute; and
    (G) any other information that the reporter believes might be
helpful in establishing the cause of the harm and the identity of the
persons responsible for the harm.
    (2) When reporting a suspicion that a child may be in need of care,
the reporter shall disclose protected health information freely and
cooperate fully with the secretary and law enforcement throughout the
investigation and any subsequent legal process.
    (c) To whom made. Reports made pursuant to this section shall be
made to the secretary, except as follows:
    (1) When the Kansas department for children and families is not
open for business, reports shall be made to the appropriate law
enforcement agency. On the next day that the department is open for
business, the law enforcement agency shall report to the department
any report received and any investigation initiated pursuant to K.S.A.
38-2226, and amendments thereto. The reports may be made orally or,
on request of the secretary, in writing.
    (2) Reports of child abuse or neglect occurring in an institution
operated by the Kansas department of corrections shall be made to the
attorney general or the secretary of corrections. Reports of child abuse
or neglect occurring in an institution operated by the Kansas
department for aging and disability services shall be made to the
appropriate law enforcement agency. All other reports of child abuse or
neglect by persons employed by the Kansas department for aging and
disability services or the Kansas department for children and families,
or of children of persons employed by either department, shall be made
to the appropriate law enforcement agency.
    (d) Death of child. Any person who is required by this section to
report a suspicion that a child is in need of care and who knows of
information relating to the death of a child shall immediately notify the
coroner as provided by K.S.A. 22a-242, and amendments thereto.
    (e) Violations. (1) Willful and knowing failure to make a report
required by this section is a class B misdemeanor. It is not a defense
                    HOUSE BILL No. 2601—page 4
that another mandatory reporter made a report.
    (2) Intentionally preventing or interfering with the making of a
report required by this section is a class B misdemeanor.
    (3) Any person who willfully and knowingly makes a false report
pursuant to this section or makes a report that such person knows lacks
factual foundation is guilty of a class B misdemeanor.
    (f) Immunity from liability. Anyone who, without malice,
participates in the making of a report to the secretary or a law
enforcement agency relating to a suspicion a child may be a child in
need of care or who participates in any activity or investigation relating
to the report or who participates in any judicial proceeding resulting
from the report shall have immunity from any civil liability that might
otherwise be incurred or imposed.
    (g) On or before January 11, 2027, and the first day of the regular
session every year thereafter, the secretary shall submit a report to the
house of representatives committee on child welfare and foster care,
the senate committee on judiciary and the joint committee on child
welfare system oversight, or any successor committee thereof. The
report shall include the number of reports of abuse or neglect made to
and received by the secretary that include a known custody dispute and
whether such report:
    (1) Was anonymously reported;
    (2) was or has been assigned for investigation;
    (3) led to a family needs assessment;
    (4) resulted in an unsubstantiated or substantiated report; or
    (5) led to an out-of-home placement.
    Sec. 3. K.S.A. 2025 Supp. 38-2272a is hereby amended to read as
follows: 38-2272a. (a) SOUL family legal permanency may be
appointed with:
    (1) Agreement and approval of a child 16 years of age or older;
    (2) agreement and consent of the child's parent unless there has
been a finding of unfitness or termination of parental rights and
parental consent is no longer required; and
    (3) approval of the court set forth in a court order.
    (b) The court may order SOUL family legal permanency:
    (1) After a finding of unfitness pursuant to K.S.A. 38-2269, and
amendments thereto;
    (2) after termination of parental rights pursuant to K.S.A. 38-2270,
and amendments thereto; or
    (3) when determined by the court to be in the best interests of a
child 16 years of age or older and the requirements of subsection (a) are
met.
    (c) Prior to submitting SOUL family legal permanency for
appointment by the court, the secretary for children and families shall:
    (1) Observe the child in the home of the potential SOUL family
legal permanency custodian with whom the child will reside and
determine the ability and suitability of the potential custodian to care
for the child;
    (2) determine whether the names of any potential SOUL family
legal permanency custodians appear on the Kansas department for
children and families child abuse and neglect registry established
pursuant to section 1, and amendments thereto, and whether any
potential custodians have been convicted of crimes specified in K.S.A.
59-2132(e), and amendments thereto;
    (3) consider, to the extent the secretary determines the
appointment to be in the best interests of the child, appointing a relative
or an individual with whom the child has close emotional ties; and
    (4) submit a report to the court containing determinations required
by this subsection.
    (d) Prior to ordering SOUL family legal permanency, the court
shall review and consider:
    (1) The report submitted by the secretary pursuant to subsection
(c); and
    (2) information provided by the secretary related to benefits,
                    HOUSE BILL No. 2601—page 5
including, but not limited to, financial support, medical coverage and
educational support, if SOUL family legal permanency is established
by the court.
    (e) The court shall ensure the child has access to the maximum
allowable benefits available under other permanency options pursuant
to K.S.A. 38-2264, and amendments thereto.
    (f) When appointing SOUL family legal permanency, the court
shall consider, to the extent the court finds it is in the child's best
interest, appointing a relative or an individual with whom the child has
close emotional ties. If the court appoints more than one individual as a
SOUL family legal permanency custodian, the child and the individual
may be unrelated.
    (g) Upon the establishment of SOUL family legal permanency, the
secretary's custody of the child shall cease. The court's jurisdiction over
the child shall continue unless the court enters an order terminating
jurisdiction pursuant to K.S.A. 38-2203, and amendments thereto, and
this section.
    (h) If there is more than one SOUL family legal permanency
custodian, one individual shall be designated as primary custodian by
the court with the approval of the child and the individual to serve in
such role. If a dispute arises between the child and the SOUL family
legal permanency custodian or between custodians, the primary
custodian shall consider information provided by the child and other
SOUL family legal permanency custodians for possible resolution of a
dispute. If a dispute remains unresolved prior to the child reaching 18
years of age, or June 1 of the school year during which the child
became 18 years of age if the child is still attending high school,
subsequent to the filing of a motion by the child or SOUL family legal
permanency custodian, the court may consider such motion and may
order alternative dispute resolution. If the court has previously
terminated jurisdiction pursuant to K.S.A. 38-2203, and amendments
thereto, or this section, the court may reinstate the child's case to
consider such motion.
    (i) Subject to subsection (j), a SOUL family legal permanency
custodian shall stand in loco parentis to the child and exercise all of the
rights and responsibilities of a parent, except that such custodian shall
not:
    (1) Consent to an adoption of the child; or
    (2) be subject to court-ordered child support or medical support
for the child.
    (j) The court, upon motion of parties or interested parties or its
own motion, may impose limitations or conditions upon the rights and
responsibilities of the SOUL family legal permanency as determined by
the court to be in the best interests of the child.
    (k) Absent a judicial finding of unfitness or court-ordered
limitations pursuant to subsection (i), a SOUL family legal permanency
custodian may share parental responsibilities with a parent of the child
if the SOUL family legal permanency custodian determines sharing of
parental responsibilities is in the best interests of the child. Sharing
parental responsibilities does not relieve the SOUL family legal
permanency custodian of legal responsibility.
    (l) When parental consent is required for the appointment of
SOUL family legal permanency, the consent shall be in writing and
shall be acknowledged before a judge of a court of record or before an
officer authorized by law to take acknowledgments. If the consent is
acknowledged before a judge of a court of record, it shall be the duty of
the court before that such consent is acknowledged to advise the
consenting parent of the consequences of the consent, including asking
the following:
    (1) Do you understand that your parental rights are not being
terminated by the order establishing SOUL family legal permanency
and you can be ordered to pay child support and medical support for
your child?
    (2) Do you understand that to exercise the rights you still have
                    HOUSE BILL No. 2601—page 6
with your child, you must keep the court up to date about how to
contact you? This means that the court needs to always have your
current address and telephone number.
    (3) Do you understand that if you want information about your
child's health or education, you will have to keep the information you
give the court about where you are up to date because the information
about your child will be sent to the last known address the court has?
    (4) Do you understand that you may be able to have some contact
with your child, but only if the SOUL family legal permanency
custodian decides it is in the best interests of the child and if the court
allows the contact?
    (5) Do you understand that unless the court orders differently, the
SOUL family legal permanency custodian has the right to make
decisions about day-to-day care of your child?
    (m) A parental consent is final when executed, unless the parent
whose consent is at issue, prior to issuance of the order appointing a
SOUL family legal permanency custodian, proves by clear and
convincing evidence that the consent was not freely and voluntarily
given. The burden of proving the consent was not freely and voluntarily
given shall rest with that parent.
    (n) If a parent has consented to appointment of a SOUL family
legal permanency based upon a belief that the child's other parent
would so consent or be found unfit, and such other parent does not
consent, the consent shall be null and void.
    (o) If a SOUL family legal permanency custodian is ordered after
a judicial finding of parental unfitness without a termination of parental
rights, all parental rights transfer to the SOUL family legal permanency,
except for:
    (1) The obligation to pay child support and medical support;
    (2) the right to inherit from the child; and
    (3) the right to consent to adoption of the child.
    (p) If SOUL family legal permanency is ordered after termination
of parental rights, the parent retains no rights or responsibilities to the
child pursuant to the termination by the court.
    (q) The court may recognize other individuals in addition to the
individuals appointed by the court as the child's SOUL family legal
permanency custodian, who shall testify to the court, with request and
approval by the child, that they will provide support as requested by
and agreed upon with the child and the SOUL family legal permanency
custodian. Such other individuals shall have no legal obligations or
rights related to the child pursuant to the court's recognition as set out
in this subsection.
    (r) All SOUL family legal permanency custodians acting in such
capacity shall execute sworn documents related to the appointment
confirming the custodian's willingness to serve as a SOUL family legal
permanency custodian and an order of the court. Such documents shall
be filed with the court.
    (s) If SOUL family legal permanency custodians are married to
each other and, subsequent to the SOUL family legal permanency
appointment, are divorced, the marriage is annulled or the court orders
separate maintenance, the court shall make custody determinations
between the SOUL family legal permanency custodians.
    (t) A SOUL family legal permanency custodian shall consider
whether the custodian will provide any rights of inheritance to the child
and medical power of attorney for the child for whom they were
appointed a SOUL family legal permanency custodian and separately
execute such agreements.
    (u) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
    Sec. 4. K.S.A. 59-2132 is hereby amended to read as follows: 59-
2132. (a) Except as provided in subsection (h), in independent and
agency adoptions, the court shall require the petitioner to obtain an
assessment of the advisability of the adoption by a court approved:
    (1) (A) Licensed social worker, licensed specialist social worker,
                    HOUSE BILL No. 2601—page 7
licensed specialist clinical social worker, licensed masters social
worker, licensed baccalaureate social worker or licensed associate
social worker licensed by the behavioral sciences regulatory board;
    (B) licensed clinical marriage and family therapist as defined in
K.S.A. 65-6402, and amendments thereto;
    (C) licensed marriage and family therapist as defined in K.S.A.
65-6402, and amendments thereto;
    (D) licensed clinical professional counselor as defined in K.S.A.
65-5802, and amendments thereto;
    (E) licensed professional counselor as defined in K.S.A. 65-5802,
and amendments thereto;
    (F) licensed psychologist as defined in K.S.A. 65-6319, and
amendments thereto;
    (G) licensed masters level psychologist as defined in K.S.A. 74-
5362, and amendments thereto;
    (H) licensed clinical psychotherapist as defined in K.S.A. 74-
5363, and amendments thereto; or
    (I) a licensed child-placing agency.
    (2) Any person performing an assessment pursuant to this
subsection shall:
    (A) Possess a minimum of two years experience in adoption
services or be supervised by a person with such experience; or
    (B) if licensed by the behavioral sciences regulatory board to
diagnose and treat mental disorders in independent practice, possess a
minimum of one year of experience in adoption services or be
supervised by a person with such experience.
    (b) The petitioner shall file with the court before the hearing on
the petition a report of the assessment and, if necessary, confirmation or
clarification of the information filed under K.S.A. 59-2130, and
amendments thereto.
    (c) If there is no one authorized pursuant to this section available
to make the assessment and report to the court, the court may use the
Kansas department for children and families for that purpose.
    (d) The costs of making the assessment and report may be
assessed as court costs in the case as provided in article 20 of chapter
60 of the Kansas Statutes Annotated, and amendments thereto.
    (e) In making the assessment, the person authorized pursuant to
this section or Kansas department for children and families is
authorized to observe the child in the petitioner's home, verify financial
information of the petitioner, shall clear the name of the petitioner with
the child abuse and neglect registry through the Kansas department for
children and families as established in section 1, and amendments
thereto, and, when if appropriate, with a similar registry in another state
or nation, shall determine whether the petitioner has been convicted of
a felony for any act described in articles 34, 35 or 36 of chapter 21 of
the Kansas Statutes Annotated, prior to their repeal, or articles 54, 55 or
56 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6418 through 21-
6422, and amendments thereto, or, within the last five years been
convicted of a felony violation of K.S.A. 21-36a01 through 21-36a17,
prior to their transfer, or article 57 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or any felony violation of any
provision of the uniform controlled substances act prior to July 1, 2009,
and, when if appropriate, any similar conviction in another jurisdiction,
and to contact the agency or individuals consenting to the adoption and
confirm and, if necessary, clarify any genetic and medical history filed
with the petition. This information shall be made a part of the report to
the court. The report to the court by any person authorized pursuant to
this section to perform this assessment shall include the results of the
investigation of the petitioner, the petitioner's home and the ability of
the petitioner to care for the child.
    (f) In the case of a nonresident who is filing a petition to adopt a
child in Kansas, the assessment and report required by this section must
be completed in the petitioner's state of residence by a person
                    HOUSE BILL No. 2601—page 8
authorized in that state to conduct such assessments.
    (g) The assessment and report required by this section shall
comply with any applicable rules and regulations of the department of
health and environment and shall have been completed not more than
one year prior to the filing of the petition for adoption.
    (h) The assessment and report required by this section may be
waived by the court upon:
    (1) Review of a petition requesting such waiver by a relative of
the child; or
    (2) the court's own motion.
    Sec. 5. K.S.A. 2025 Supp. 65-516 is hereby amended to read as
follows: 65-516. (a) No person shall knowingly maintain a child care
facility if an employee who, in this state or in other states or the federal
government:
    (1) (A) Has been convicted of a crime that is classified as a person
felony under the Kansas criminal code;
    (B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
36a01 through 21-36a17, prior to their transfer, or article 57 of chapter
21 of the Kansas Statutes Annotated, and amendments thereto, or any
felony violation of any provision of the uniform controlled substances
act prior to July 1, 2009;
    (C) has been convicted of any act that is described in articles 34,
35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their
repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-
6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto,
or been convicted of an attempt under K.S.A. 21-3301, prior to its
repeal, or K.S.A. 21-5301, and amendments thereto, to commit any
such act or been convicted of conspiracy under K.S.A. 21-3302, prior
to its repeal, or K.S.A. 21-5302, and amendments thereto, to commit
such act, or similar statutes of any other state or the federal
government;
    (D) has been convicted of any act that is described in K.S.A. 21-
4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and
amendments thereto, or similar statutes of any other state or the federal
government; or
    (E) has been convicted of any act that is described in K.S.A. 21-
3718 or 21-3719, prior to their repeal, or K.S.A. 21-5812, and
amendments thereto, or similar statutes of any other state or the federal
government;
    (2) except as provided in subsection (b), has been adjudicated a
juvenile offender because of having committed an act which, if
committed by an adult, would constitute the commission of a felony
and that is a crime against persons, is any act described in articles 34,
35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their
repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-
6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto,
or similar statutes of any other state or the federal government, or is
any act described in K.S.A. 21-4301 or 21-4301a, prior to their repeal,
or K.S.A. 21-6401, and amendments thereto, or similar statutes of any
other state or the federal government;
    (3) has been convicted or adjudicated of a crime that requires
registration as a sex offender under the Kansas offender registration act,
K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in
any other state or as a sex offender on the national sex offender
registry;
    (4) has committed an act of physical, mental or emotional abuse or
neglect or sexual abuse and who is listed in the child abuse and neglect
registry maintained by the Kansas department for children and families
pursuant to K.S.A. 38-2226 section 1, and amendments thereto, or any
similar child abuse and neglect registries maintained by any other state
or the federal government and:
    (A) The person Has failed to successfully complete a corrective
                   HOUSE BILL No. 2601—page 9
action plan that had has been deemed appropriate and approved by the
Kansas department for children and families or requirements of similar
entities in any other state or the federal government; or
    (B) the such person's record has not been expunged pursuant to
rules and regulations adopted by the secretary for children and families
or similar entities in any other state or the federal government;
    (5) has had a child removed from home based on a court order
pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
court order in any other state based upon a similar statute that finds the
child to be deprived or a child in need of care based on a finding of
physical, mental or emotional abuse or neglect or sexual abuse and the
child has not been returned to the home or the child reaches majority
before being returned to the home and the person has failed to
satisfactorily complete a corrective action plan approved by the
department of health and environment;
    (6) has had parental rights terminated pursuant to the revised
Kansas code for care of children, or a similar statute of other states;
    (7) has signed a diversion agreement pursuant to K.S.A. 22-2906
et seq., and amendments thereto, or an immediate intervention
agreement pursuant to K.S.A. 38-2346, and amendments thereto,
involving a charge of child abuse or a sexual offense; or
    (8) has an infectious or contagious disease.
    (b) If the secretary determines that there is no safety concern, the
secretary may license a family foster home, as defined in K.S.A. 38-
134, and amendments thereto, when if a person who has been
adjudicated as a juvenile offender for an offense described in
subsection (a)(2):
    (1) Was a child in the custody of the secretary and placed with
such family foster home by the secretary;
    (2) is 18 years of age or older;
    (3) (A) maintains residence at such family foster home; or
    (B) has been legally adopted by any person who resides at such
family foster home; and
    (4) six months have passed since the date of adjudication.
    (c) No person shall maintain a child care facility if such person
has been found to be a person in need of a guardian or a conservator, or
both, as provided in K.S.A. 59-3050 through 59-3095, and amendments
thereto.
    (d) Any person who resides in a child care facility and who has
been found to be in need of a guardian or a conservator, or both, shall
be counted in the total number of children allowed in care.
    (e) In accordance with the provisions of this subsection, the
secretary of health and environment shall have access to any court
orders or adjudications of any court of record, any records of such
orders or adjudications, criminal history record information including,
but not limited to, diversion agreements, in the possession of the
Kansas bureau of investigation and any report of investigations as
authorized by K.S.A. 38-2226, and amendments thereto, in the
possession of the Kansas department for children and families or court
of this state concerning employees in a child care facility. The secretary
shall have access to these records for the purpose of determining
whether or not the home meets the requirements of K.S.A. 59-2132,
65-503, 65-508 and 65-516, and amendments thereto.
    (f) In accordance with the provisions of this subsection, the
secretary is authorized to conduct national criminal history record
checks to determine criminal history on employees in a child care
facility. In order to conduct a national criminal history check the
secretary shall require fingerprinting for identification and
determination of criminal history in accordance with K.S.A. 2025
Supp. 22-4714, and amendments thereto.
    (g) (1) The secretary shall adopt rules and regulations to fix a fee
for fingerprinting employees in a child care facility, as may be required
by the department to reimburse the department for the cost of the
fingerprinting.
                  HOUSE BILL No. 2601—page 10
    (2) The secretary shall remit all moneys received from the fees
established under this section to the state treasurer in accordance with
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of the child care criminal background and
fingerprinting fund.
    (h) The child care criminal background and fingerprinting fund is
hereby created in the state treasury to be administered by the secretary
of health and environment. All moneys credited to the child care
criminal background and fingerprinting fund shall be used to pay local
and state law enforcement officers and agencies for the processing of
fingerprints and criminal history background checks for the department.
All expenditures from the child care criminal background and
fingerprinting fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary or by a person designated by the
secretary.
    (i) The secretary shall notify the child care applicant or licensee,
within seven days by certified mail with return receipt requested, when
the result of the national criminal history record check or other
appropriate review reveals unfitness specified in subsections (a)(1)
through (8) with regard to the person who is the subject of the review.
    (j) No child care facility or the employees thereof, shall be liable
for civil damages to any person refused employment or discharged
from employment by reason of such facility's or home's compliance
with the provisions of this section if such home acts in good faith to
comply with this section.
    (k) For the purpose of subsection (a)(3) (a)(4), a person listed in
the child abuse and neglect central registry maintained by the Kansas
department for children and families pursuant to section 1, and
amendments thereto, or any other state or federal government shall not
be prohibited from residing, working or volunteering in a child care
facility unless such person has:
    (1) Had an opportunity to be interviewed and present information
during the investigation of the alleged act of abuse or neglect; and
    (2) been given notice of the agency decision and an opportunity to
appeal such decision to the secretary and to the courts pursuant to the
Kansas judicial review act as provided for in section 1, and
amendments thereto.
    (l) In regard to Kansas issued criminal history records:
    (1) The secretary of health and environment shall provide in
writing information available to the secretary to each child placement
agency requesting information under this section, including the
information provided by the Kansas bureau of investigation pursuant to
this section, for the purpose of assessing the fitness of persons living,
working or regularly volunteering in a family foster home under the
child placement agency's sponsorship.
    (2) The child placement agency is considered to be a
governmental entity and the designee of the secretary of health and
environment for the purposes of obtaining, using and disseminating
information obtained under this section.
    (3) The information shall be provided to the child placement
agency regardless of whether the information discloses that the subject
of the request has been convicted of any offense.
    (4) Whenever the information available to the secretary reveals
that the subject of the request has no criminal history on record, the
secretary shall provide notice thereof in writing to each child placement
agency requesting information under this section.
    (5) Any staff person of a child placement agency who receives
information under this subsection shall keep such information
confidential, except that the staff person may disclose such information
on a need-to-know basis to:
    (A) The person who is the subject of the request for information;
    (B) the applicant or operator of the family foster home in which
                   HOUSE BILL No. 2601—page 11
the person lives, works or regularly volunteers;
    (C) the department of health and environment;
    (D) the Kansas department for children and families;
    (E) the department of corrections; and
    (F) the courts.
    (6) A violation of paragraph (5) shall be an unclassified
misdemeanor punishable by a fine of $100 for each violation.
    (m) (1) No person shall maintain a day care facility unless such
person is a high school graduate or the equivalent thereof, except where
extraordinary circumstances exist, the secretary of health and
environment may exercise discretion to make exceptions to this
requirement. The provisions of this subsection shall not apply to any
person who was maintaining a day care facility on the day immediately
prior to July 1, 2010, or who had an application for an initial license or
the renewal of an existing license pending on July 1, 2010.
    (2) This subsection shall expire on June 30, 2026.
    Sec. 6. K.S.A. 2025 Supp. 75-7719 is hereby amended to read as
follows: 75-7719. (a) No person shall knowingly maintain a day care
facility if an employee in this state or in other states or the federal
government:
    (1) (A) Has been convicted of a crime that is classified as a person
felony under the Kansas criminal code;
    (B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
36a01 through 21-36a17, prior to their transfer, or article 57 of chapter
21 of the Kansas Statutes Annotated, and amendments thereto, or any
felony violation of any provision of the uniform controlled substances
act prior to July 1, 2009;
    (C) has been convicted of any act that is described in articles 34,
35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their
repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-
6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto,
or been convicted of an attempt under K.S.A. 21-3301, prior to its
repeal, or K.S.A. 21-5301, and amendments thereto, to commit any
such act or been convicted of conspiracy under K.S.A. 21-3302, prior
to its repeal, or K.S.A. 21-5302, and amendments thereto, to commit
such act, or similar statutes of any other state or the federal
government;
    (D) has been convicted of any act that is described in K.S.A. 21-
4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and
amendments thereto, or similar statutes of any other state or the federal
government; or
    (E) has been convicted of any act that is described in K.S.A. 21-
3718 or 21-3719, prior to their repeal, or K.S.A. 21-5812, and
amendments thereto, or similar statutes of any other state or the federal
government;
    (2) except as provided in subsection (b), has been adjudicated a
juvenile offender because of having committed an act which, if
committed by an adult, would constitute the commission of a felony
and that is a crime against persons, is any act described in articles 34,
35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their
repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-
6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto,
or similar statutes of any other state or the federal government, or is
any act described in K.S.A. 21-4301 or 21-4301a, prior to their repeal,
or K.S.A. 21-6401, and amendments thereto, or similar statutes of any
other state or the federal government;
    (3) has been convicted or adjudicated of a crime that requires
registration as a sex offender under the Kansas offender registration act,
K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in
any other state or on the national sex offender registry;
    (4) has committed an act of physical, mental or emotional abuse or
neglect or sexual abuse and is listed in the child abuse and neglect
                   HOUSE BILL No. 2601—page 12
registry maintained by the Kansas department for children and families
pursuant to K.S.A. 38-2226 section 1, and amendments thereto, or any
similar child abuse and neglect registries maintained by any other state
or the federal government and:
    (A) Has failed to successfully complete a corrective action plan
that has been deemed appropriate and approved by the Kansas
department for children and families or requirements of similar entities
in any other state or the federal government; or
    (B) such person's record has not been expunged;
    (5) has had a child removed from the home based on a court order
pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
court order from any other state based upon a similar statute that finds
the child to be deprived or a child in need of care based on a finding of
physical, mental or emotional abuse or neglect or sexual abuse and the
child has not been returned to the home or the child has reached the age
of majority before being returned to the home and such person has
failed to satisfactorily complete a corrective action plan approved by
the department of health and environment;
    (6) has had parental rights terminated pursuant to the revised
Kansas code for care of children, or a similar statute of other states;
    (7) has signed a diversion agreement pursuant to K.S.A. 22-2906
et seq., and amendments thereto, or an immediate intervention
agreement pursuant to K.S.A. 38-2346, and amendments thereto,
involving a charge of child abuse or a sexual offense; or
    (8) has an infectious or contagious disease.
    (b) Notwithstanding the provisions in subsection (a), no person
shall maintain a day care facility if such person has been found to be a
person in need of a guardian or a conservator, or both, as provided in
K.S.A. 59-3050 through 59-3095, and amendments thereto.
    (c) Any person who resides in a day care facility and who has
been found to be in need of a guardian or a conservator, or both, shall
be counted in the total number of children allowed in care.
    (d) In accordance with this subsection, the director of the Kansas
office of early childhood shall have access to any court orders or
adjudications of any court of record, any records of such orders or
adjudications, criminal history record information, including, but not
limited to, diversion agreements in the possession of the Kansas bureau
of investigation and any report of investigations as authorized by
K.S.A. 38-2226, and amendments thereto, or the Kansas department for
children and families or court of this state concerning employees in a
day care facility. The director shall have access to these records for the
purpose of determining whether or not the home meets the
requirements of this section, K.S.A. 59-2132, and amendments thereto,
and K.S.A. 2025 Supp. 75-7708 and 75-7713, and amendments thereto.
    (e) In accordance with this subsection, the director is authorized to
conduct national criminal history record checks to determine criminal
history on employees in a day care facility. In order to conduct a
national criminal history check, the director shall require fingerprinting
for identification and determination of criminal history in accordance
with K.S.A. 22-4714, and amendments thereto.
    (f) (1) The director of the Kansas office of early childhood shall
adopt rules and regulations to fix a fee for fingerprinting employees in
a day care facility, as may be required by the Kansas office of early
childhood to reimburse the Kansas office of early childhood for the cost
of the fingerprinting.
    (2) The director shall remit all moneys received from the fees
established under this section to the state treasurer in accordance with
K.S.A. 72-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of the day care criminal background and
fingerprinting fund.
    (g) The day care criminal background and fingerprinting fund is
hereby created in the state treasury to be administered by the director of
the Kansas office of early childhood. All moneys credited to the day
                  HOUSE BILL No. 2601—page 13
care criminal background and fingerprinting fund shall be used to pay
local and state law enforcement officers and agencies for the processing
of fingerprints and criminal history background checks for the Kansas
office of early childhood. All expenditures from the day care criminal
background and fingerprinting fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the director or the director's
designee.
    (h) The director shall notify the day care applicant or licensee
within seven days by certified mail, with return receipt requested, when
the result of the national criminal history record check or other
appropriate review reveals unfitness specified in subsection (a)(1)
through (a)(8) of the person who is the subject of the review.
    (i) No day care facility or the employees thereof shall be liable for
civil damages to any person who is refused employment or discharged
from employment by reason of such facility's compliance with this
section, if such facility acts in good faith to comply with this section.
    (j) For the purpose of subsection (a)(3) (a)(4), a person listed in
the child abuse and neglect central registry maintained by the Kansas
department for children and families pursuant to section 1, and
amendments thereto, or any other state or the federal government shall
not be prohibited from being an employee in a day care facility unless
such person has:
    (1) Had an opportunity to be interviewed and present information
during the investigation of the alleged act of abuse or neglect; and
    (2) been given notice of the agency decision and an opportunity to
appeal such decision to the director and to the courts pursuant to the
Kansas judicial review act as provided for in section 1, and
amendments thereto.
    (k) No person shall maintain a day care facility unless such person
is a high school graduate or the equivalent thereof, except that, if
extraordinary circumstances exist, the director of the Kansas office of
early childhood may exercise discretion to make exceptions from this
requirement. This subsection shall not apply to any person who was
maintaining a day care facility on the day immediately prior to July 1,
2010.
    (l) This section shall take effect on and after July 1, 2026.
                    HOUSE BILL No. 2601—page 14
   Sec. 7. K.S.A. 59-2132 and K.S.A. 2025 Supp. 38-2223, 38-
2272a, 65-516 and 75-7719 are hereby repealed.
   Sec. 8. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
                                                 Speaker of the House.
                                                Chief Clerk of the House.
Passed the SENATE
      as amended
SENATE adopted
Conference Committee Report
                                                 President of the Senate.
                                                 Secretary of the Senate.
APPROVED
                                                               Governor.