Legislature 2022 – Kansas-Divorce

Kansas Legislature – 2022

The 2022 Kansas Legislature convened on Monday, January 10, 2022, after tumultuous years in 2020 and 2021 that included continuing pandemic issues and hyper-politicism encouraged by Donald Trump and his refusal to accept the results of a free and fair democratic election. As in 2021, Trump’s followers continued to refuse recognition, respect, or heed warnings by medical, scientific, and other experts opting instead for hyper-political and anti-science “magical” solutions to real and deadly biological pathogens. With 2022 being an election year, the hysteria and lack of rational policy discussions in some sectors of the Legislature presage a dismal second year of the 2021-2022 Legislature. At the beginning of the 2022 Session, that wedge continued to threaten to upset any rational progress on important issues.

The Kansas legislative session generally runs for 90-days from early January until approximately mid-April. But as in 2021, and with the increasing uncertainty of what will happen with the Omicron variant to the coronavirus, and the Legislature’s encouragement of general dysfunction in the populace, there is no telling what will happen or how long the legislative session will last.

Elections for all House members will occur in November 2022, making the 2022 Session one in which election hijinks will be front-and-center. With the 2020 Election, the Kansas House became more polarized than it had been before, with Republican moderates being virtually obliterated from the ranks of the majority party, and some parts of the state (notably northeast Johnson County) becoming even greater strongholds of Democratic districts. That too threatened the 2022 Session because of reapportionment battles that began in pre-session committee meetings.

Bills introduced in the 2021 Legislative Session survive for consideration in the 2022 legislative session, although new versions of holdover bills are often introduced.

For the 2022 Session of the Kansas Legislature, individual requests for bill introductions had to be submitted before February 9, 2022; with committee introductions before February 11, 2022. All bills must pass the house-of-origin on or before February 24, 2022 (with some exceptions) or they die for the session.

The Legislature broke for its mid-term (turn around) two days early on February 22, 2022, planning to return March 1, 2022 for the second house consideration of bills. The first half of the legislative session was marked by attacks on voter rights, on the separation of powers (seeking to take power from a governor of the opposite party from the supermajority), threatening children with gender-identity questions, and others not in the supermajority’s target group. Thankfully, family law was not an area for the angst of the supermajority to focus. In fact, on the last day before turn-around, the only family law bill to receive a hearing — the Uniform Family Law Arbitration Act — received unanimous support from the House with a vote of 121-0.

Senate:

SB6: Counting any crime with a domestic violence designation as a prior conviction under domestic battery.

This bill, introduced pre-session on December 31, 2020, would include in the definition of “prior conviction” for purposes of domestic battery any previous crime designated as one of domestic violence. A duplicate bill was introduced in the House on the same day (see HB HB2029). The bill was referred to the Senate Judiciary Committee for hearing, which set the hearing on Wednesday, January 27, 2021, at 10:30 AM in Room 346-S.

SB54: Protection from abuse; extensions

This bill, introduced on January 21, 2021 would authorize judges the power to extend protection from abuse orders for more reasons, and provide that the time to file or extend time deadlines are tolled when the defendant is in prison. The bill was assigned to the Judicary Committee for hearings.

SB104: CINC; requiring court to enter order that child remain at placement. (PASSED SENATE 28–9)

This bill, introduced through the Judiciary Committee on January 28, 2021, would change KSA 38-2260 from allowing a court to issue an order directing a child to remain in a present or future placement during a CINC proceeding to require the court make that order. The bill was assigned to the Judiciary Committee for hearings. The Senate Committee set a hearing on the bill for Monday, February 9, 2021, 10:30 AM Room 346-S. On February 26, 2021, the Committee recommended the bill be passed as introduced. The Senate Committee of the Whole considered the bill on March 2, 2021, and recommended that it be passed. The Senate passed the bill Yea: 28 Nay: 9 on March 3, 2021.

The bill was introduced into the House on March 4, 2021, and assigned to the House Judiciary Committee.

SB123: Parental rights; rape, sexual assault; procedure for terminating rights.

This bill, introduced on February 1, 2021, is a judicial council bill arising out of a study by the Judicial Council’s Family Law Advisory Committee. It would provide a process by which the parental rights of a person whose sexual assault of another person results in the conception of a child. The bill was assigned to the Senate Judiciary Committee for hearings. The Senate Committee set a hearing on the bill for Monday, February 11, 2021, 10:30 AM Room 346-S. At the Senate hearing, Washburn Law School Professor Gillian Chadwick testified for the Kansas Judicial Council setting out the rationale behind the proposal, as did Sara Rust-Martin for the Kansas Coalition Against Sexual and Domestic Violence, and Judge Merlin Wheeler for the Kansas District Judges Association.

SB192: Domestic violence; requiring the relinquishment of firearms

Introduced on February 9, 2021, by Senators Sykes, Corson, Faust-Goudeau, Francisco, Hawk, Holscher, Pettey, and Ware, this bill would require that a person relinquish the possession and ownership of any firearms when a court enters an order for protection from abuse against that person or the person is convicted of domestic battery or any misdemeanor for a domestic violence offense. The bill was assigned to the Senate Judiciary Committee for hearings.

Although the bill was not heard in 2021, the Senate Federal and State Affairs Committee scheduled a hearing for March 2, 2022, at 10:30am in Room 144-S.

SB241: Adoption; providing for continuation of state-provided health care insurance.

This bill was introduced on February 12, 2021, through the Senate Public Health and Welfare Committee. It would allow a child placed up for adoption following termination of parental rights to remain eligible for state-provided health insurance. The bill regards children placed away from the child’s parents or guardians for whom the Kansas Department for Children and Families had placement and care responsibility at termination of parental rights, and the child was subsequently adopted. The bill was assigned to the Senate Public Health and Welfare Commitee for hearings.

SB271: Civil actions; sexual abuse and assault; abolishing the statute of limitations.

This bill was introduced on February 23, 2021, through the Senate Committee on Federal and State Affairs. It would abolish the current status of limitations for past sexual abuse allegations, including any for which the statute of limitations had already passed–including those prior to 1992 when the statute was originally enacted. The bill was assigned to the Senate Judiciary Committee for hearings.

SB276: Family law, CINC, Children; visually impaired. Considerations in family law, adoption, foster care, guardianship and child in need of care proceedings for a parent or prospective parent who is blind. (PASSED SENATE 40-0)

This bill was introduced on February 24, 2021, through the Senate Committee on Federal and State Affairs. The bill would generally provide that any individual with vision acuity less that 20/200 would be considered “blind” and that condition could not be taken into consideration for either child custody decisions, or for adoption, foster care, guardianship, or child in need of care proceedings. The bill was assigned to the Senate Judiciary Committee. A hearing on the bill was scheduled for Tuesday, February 1, 2022, at 8:30 AM in Room 142-S. On February 14, 2022, the Committee recommended that the bill be adopted by the full Senate with an amendment changing the effective date of the bill to publication in the Kansas Register. The bill was placed on the Committee of the Whole debate calendar March 3, 2022, but was passed over retaining its place on the Calender. On March 7, 2022, the bill was debated by the Senate Committee of the Whole, which recommended it be passed. Later that day, the Senate passed the bill Yea: 40 Nay: 0 on Emergency Final Action.

The bill was introduced into the House on March 8, 2022, and referred to the House Committee on Children and Seniors for hearings. On March 9, 2022, the bill was scheduled for hearing in the Committee on Children and Seniors for Tuesday, March 15, 2022, at 1:30 PM in Room 152-S. On March 21, 2022, the House Committee recommended the bill be passed without further amendment.

HB380: Children; revising definitions relating to “exceptional children” by replacing “emotional disturbance” with “emotional disability.”

This bill introduced on January 24, 2022, through the Senate Committee on Public Health and Welfare would change the language used in Kansas statutes with positive instead of negative language and inferences. The bill was assigned to the Senate Committee on Public Health and Welfare for hearings.

SB385: Sex offender registration; breach of privacy (PASSED SENATE 40-0)

This bill was introduced on January 25, 2022, by Senators Warren, Alley, Baumgardner, Billinger, Bowers, Claeys, Corson, Dietrich, Doll, Erickson, Fagg, Faust-Goudeau, Francisco, Gossage, Haley, Hilderbrand, Holscher, Kerschen, Kloos, Longbine, Masterson, McGinn, Olson, O’Shea, Peck, Petersen, Pettey, Ryckman, Steffen, Straub, Suellentrop, Sykes, Thompson, Ware and Wilborn. It would require that a person convicted of breach of privacy, as defined in K.S.A. 2021 Supp. 21-6101(a)(6), (a)(7) or (a)(8), to register.

The bill was referred to the Senate Judiciary Committee for hearings. A hearing on the bill was scheduled for Tuesday, February 8, 2022, at 10:30 AM in Room 346-S. On February 14, 2022, the Committee recommended the passage of the bill with an amendment exempting juvenile offenders from the breach of privacy registration requirements. On February 22, 2022, the Senate Committee of the Whole adopted the recommendation of the Senate Committee. The full Senate passed the bill ON February 23, 2022 as recommended by the Judiciary Committee Yea: 40 Nay: 0.

The bill was introduced into the House on March 1, 2022 after turn-around. It was assigned to the House Committee on Corrections for hearings. The Committee set hearings on the bill for Tuesday, March 8, 2022, at 1:30 PM in Room 546-S. On March 14, 2022, the Judiciary Committee amended the bill to add the contents of SB368, requiring registration for convictions of internet trading in child pornography. The bill was stricken from the Calendar on March 23, 2022.

SB406: Protective Orders; creating the “back the blue act” to authorize the issuance of protective orders to prohibit the acquisition and possession of firearms in order to reduce law enforcement officer deaths

This bill was introduced through the Senate Federal and State Affairs Committee on January 27, 2022. The bill would authorize the issuance of a protective order to a person who is a spouse, significant other, relative, or child who provided cause to the court to show another person is a danger to someone else. It would authorize the court to issue a protective order directing that any firearms be removed from the person’s possession to protect the person filing the petition and the police would have to respond to any calls for assistance. The bill was referred to the Federal and State Affairs Committee for hearings.

SB412: Protective Orders; increased criminal penalty

This bill was introduced through the Senate Judiciary Committee on January 27, 2022. The bill would increase criminal penalties for violation of a protective order (including divorce temporary orders, protection from abuse and stalking protective orders, and criminal court protective orders) upon the second or subsequent conviction to a level 7 felony (from a misdemeanor) and a level 4 felony if a violation of an extended final protection order. The bill was referred to the Senate Judiciary Committee for hearings on January 28, 2022.

SB415: Domestic violence, criminal law, criminal procedure, protection from abuse; defining “primary aggressor”

This bill was introduced through the Senate Judiciary Committee on January 27, 2022. It would define the term “primary aggressor” in criminal and civil domestic violence statutes. The bill would definite “primary aggressor” as “Primary aggressor” “the person determined to be the most significant aggressor, rather than the first aggressor. In determining the ‘primary aggressor,’ the court or an officer shall consider the intent of the law to protect victims of domestic violence from continuing abuse, the threats creating fear of physical injury, the history of domestic violence between the persons involved, the nature of the injuries suffered or inflicted on another and whether either person acted in self-defense.” The bill further directs that police department policy created by the requirement within the statute “shall direct that arrest is the preferred response only with respect to the primary aggressor and not the preferred response with respect to the person who acts in a reasonable manner” defending oneself. The bill was referred to the Senate Judiciary Committee for hearings.

SB416: Domestic Violence, criminal law; Requiring law enforcement officers investigating alleged domestic violence to conduct a lethality assessment.

This bill was introduced through the Senate Judiciary Committee on January 27, 2022. It would require officers investigating a report of domestic violence to perform a lethality assessment and if that assessment should then be used by the officer to make appropriate referrals to shelters, domestic violence programs, and other social service resources. The lethality assessment would be supplied to the prosecutor for consideration in any case filing. The bill was referred to the Senate Judiciary Committee for hearings.

SB420: Childhood Sexual Abuse; extending statute of limitations and reviving time-barred claims

This bill was introduced on January 31, 2022, through the Senate Federal and State Affairs Committee. It would allow victims of childhood sexual abuse to bring a civil action for recovery of damages caused by such abuse at any time and would revive claims against any party for such damages that occurred on or after July 1, 1984. The bill was referred to the Senate Judiciary Committee for hearings.

SB425: Abuse and neglect; information sharing by law enforcement (PASSED SENATE 40-0)

This bill was introduced on February 1, 2022, through the Senate Committee on Public Health and Welfare. The bill would allow the Kansas department for children and families to share certain information with investigating law enforcement agencies with certain other agencies and persons. Directing the Kansas department for children and families to share certain information with investigating law enforcement agencies. Specifically, the bill would provide that the “secretary shall disclose confidential agency records of a child alleged or adjudicated to be a child in need of care, as described in K.S.A. 38-2209, and amendments thereto, to the law enforcement agency investigating the alleged or substantiated report or investigation of abuse or neglect, regardless of the disposition of such report or investigation. Such records shall include, but not be limited to, any information regarding such report or investigation and records of past reports or investigations concerning such child and such child’s siblings and the perpetrator or alleged perpetrator.”

The bill was assigned to the Senate Committee on Public Health and Welfare for hearings. The bill was set for a hearing on Tuesday, February 15, 2022, at 8:30 AM in Room 142-S. On February 17, 2022, the Senate Committee recommended that the bill be passed by the full Senate with an amendment to add to the list of information the Secretary for Children and Families must disclose the name and contact information of the reporter or persons alleging abuse or neglect and case managers, investigators, or contracting agency employees assigned to or investigating a report of abuse or neglect. The amended bill was considered by the Senate Committee of the Whole on February 22, 2022, recommending that it be adopted by the full Senate as amended. The full Senate adopted the bill as amended by Committee Yea: 40 Nay: 0, sending the bill to the House for consideration.

The bill was introduced into the House on March 1, 2022, and was assigned to the House Judiciary Committee for hearings. The Judiciary Committee set a hearing on the Senate bill for Thursday, March 3, 2022, at 3:30 PM in Room 582-N.

SB490: Expanding options for legal surrender of an infant to include infant refuge cribs

This bill was introduced on February 10, 2022, through the Senate Committee on Public Health and Welfare. The bill would expand the options to surrender an infant to include infant refuge cribs at certain locations. The bill was referred to the Senate Committee on Public Health and Welfare for hearings.

SB500: Permitting the creation of long term care facilities for children in continued crisis

This bill was introduced on February 11, 2022, through the Senate Committee on Public Health and Welfare. The bill would establish a process to obtain long-term care for children who would not otherwise for admission to psychiatric residential treatment facilities or any state psychiatric hospital. The bill was assigned to the Senate Committee on Public Health and Welfare for hearings.

SB575: Parenting time, temporary; mandating equal parenting time on temporary orders.

This bill was introduced on March 21, 2022 through the Senate Committee on State and Federal Affairs (an exempt committee) after the deadline to submit bills in the first house for consideration by using the workaround of having an exempt committee introduce the bill and nearly two weeks after an identical bill was introduced in the House (also after bill submission deadline)(See HB2725). The bill is the same bill that was introduced and heard in the 2019 legislative session (SB157) that passed the Senate, but did not advance in the House. A duplicate bill had been introduced in the House in 2019 (HB2196).

The bill would require courts to impose upon families – both divorcing and couples who had never married – equal parenting time and joint legal custody (parental decision-making) when temporary orders are issued. As with the bill introduced in 2019, this bill is another in a line of proposed bad solutions for problems that don’t exist coming from complaints by individuals arising from their own cases and seeking to impose upon everyone in the system cookie-cutter solutions, including domestic violence survivors and ongoing victims. In December 2018, the Kansas Judicial Council issued a report that came out strong against the kinds of presumptions found in these bills in the Judicial Council’s 2018 Report on HB2529, a bill that would have done essentially the same thing this bill seeks, but with final orders. The bill was assigned to the Senate Judiciary Committee for hearings (although being introduced in the last days before second house consideration deadline, with no committee hearings scheduled, the introduction appears to be for political purposes rather than anything else).

House:

HB2029: Counting any crime with a domestic violence designation as a prior conviction under domestic battery. (PASSED HOUSE 118-7)

This bill, introduced pre-session on December 31, 2020, would include in the definition of “prior conviction” for purposes of domestic battery any previous crime designated as one of domestic violence. The bill was referred to the House Corrections and Juvenile Justice Committee for hearing, which set the hearing for ~~Thursday, January 21~~, Monday, January 25, 2021, at 1:30 PM in Room 546-S. In the House Committee, Sara Rust-Martin testifying for the Kansas Coalition Against Sexual and Domestic Violence indicated that this bill would amend current domestic battery law. Currently, in order to move the crime from a misdemeanor to a felony one must be convicted of three domestic battery charges. Unfortunately, it is a frequent practice in Kansas plea down a charge of domestic battery to a lesser charge. “Therefore, an abuser can commit domestic battery more than three times but never have those charges aggregate to a felony because the convictions are for lesser or different crimes.” On January 28, 2021, the Corrections and Juvenile Justice Committee passed the bill out of Committee recommending the bill be passed as introduced. On February 3, 2021, the House Committee of the Whole debated the bill. After being passed to the entire House by the Committee of the Whole, the body passed the bill on Emergency Final Action, Yea: 118 Nay: 7.

The bill was introduced into the Senate on February 4, 2021, and assigned to the Senate Judiciary Committee for hearings.

HB2037: Child abuse; training, teacher training and student instruction; identifying signs of child sexual abuse

This bill, introduced pre-session on January 6, 2021, would direct the Kansas State Board of Education to implement statewide standards to assure all public school teachers annually receive training and education on identifying likely warning signs indicating that a child may be a victim of sexual abuse. It would also direct that the Board review and consider statewide social and emotional standards for student instruction on the difference between appropriate and inappropriate conduct, actions a child may take to be protected from child sexual abuse, and methods for reporting any instance of sexual abuse. The bill was referred to the House Education Committee for hearing.

HB2047: Repeal the “Adoption Protection Act”

This bill was introduced pre-session on January 8, 2021. It would repeal the provisions of the “Adoption Protection Act,” enacted by the legislature in 2018, which sanctioned discrimination against LGBTQ persons by private adoption agencies. See 2018SB284 discussion on our 2018 Legislative page.

The bill was referred to the House Federal and State Affairs Committee for hearing.

HB2075: Adoptions; venue, allowing venue to be where state agency has office. (PASSED HOUSE 125-0)(AMENDED PASSED SENATE 40-0)

This bill, introduced on January 15, 2021 through the Judiciary Committee would allow the venue of any adoption instituted by a state agency to be wherever the state agency or contracting agency “has an office.” The bill was referred to the House Judiciary Committee for hearing, which set the hearing for Thursday, January 28, 2021, at 3:30 PM Room in 582-N. On February 8, 2021, the Committee passed out the bill without amendments for consideration by the full House. The House Committee of the Whole considered the bill and passed it on for consideration by the full House on February 10, 2021. That same day, the House passed the bill Yea: 125 Nay: 0 on Emergency Final Action.

The bill was introduced into the Senate on February 11, 2021, and assigned to the Senate Judiciary Committee. The Committee scheduled testimony on the bill for Friday, March 26, 2021, at 10:30 AM in Room 346-S.

At the beginning of the 2022 Session, the bill was rescheduled for hearing in the Senate Judiciary Committee on Tuesday, January 18, 2022, 10:30 AM Room 346-S. In addition, the bill was set for hearing in the Committee for Tuesday, January 25, 2022, 10:30 AM Room 346-S. On January 28, 2022, the Senate Committee recommended the bill pass the House with a technical amendment. The bill was placed on the Senate Committee of the Whole debate calendar for March 3, 2022, but was passed over retaining its place on the calendar. On March 7, 2022, the bill was debated by the Senate Committee of the Whole, with the Committee recommending the bill be passed. On Emergency Final Action later that day, the bill passed Yea: 34 Nay: 0, sending the bill back to the House.

The House considered the Senate amendments on a motion to concur on March 21, 2022, and nonconcurred. The Senate acceded to the nonconcurrence and a Conference Committee was appointed. When the Conference Committee met, the Conferees agreed to the Senate amendments. The House concurred with the amendments Yea: 121 Nay: 0 on March 29, 2022, sending the approved bill to the Governor.

HB2088: Child abuse; requiring observation of the subject child during investigation (PASSED HOUSE 121–2)

This bill was introduced on January 21, 2021 in the House Federal and State Affairs Committee, at the request of Rep. Ruiz and referred back to that committee on the same date. As introduced, the bill would provide that in the event of a joint investigation by DCF and law enforcement, both agencies would be required to visually observe the subject child as part of the investigation. All investigation reports required by the bill would have to include the date, time, and location of the visual observation. The Committee set the bill for hearing on Monday, February 1, 2021, at 9:00 AM Room in 346-S. On February 22, 2021, the Committee recommended that an amended version of the bill be passed. The House Committee amended the bill by adding provisions that would allow a designee of either the Secretary or investigating law enforcement agency to meet the visual observation requirement, and designating the bill as “Adrian’s Law.” The House Committee of the Whole considered the amended bill on March 3, 2021. On March 4, 2021, the House passed the amended bill Yea: 121 Nay: 2.

The amended bill was introduced into the Senate on March 10, 2021, and assigned to the Senate Committee on Public Health and Welfare.

HB2115: Establishing joint committee on child welfare system oversight. (PASSED HOUSE 118–4)

This bill was introduced on January 22, 2021, by the House Committee on Children and Seniors. It would establish (continue) a series of committees previously set up for oversight of issues that the department of children and families has had over the past years, and make recommendations about how to address those issues in law and policy. The bill was assigned to the House Committee on Children and Seniors, and set for hearing on Thursday, February 4, 2021, at 1:30 PM in Room 152-S. Final committee action on the bill was scheduled to occur February 8, 2021, at 1:30 PM in Room 152-S. The Committee passed out the bill on February 9, 2021, with an amendment adding two members to the Joint Committee and modifying the time frame during which the Committee would be required to meet. The bill was considered by the House Committee of the Whole on February 17, 2021. The House Committee of the Whole made a minor grammatic correction to the bill (inserting “of” after the word “members), and recommended the bill be passed with that amendment. On February 18, 2021, the House passed the bill as amended Yea: 118 Nay: 4.

The bill was introduced into the Senate on on February 18, 2021, and assigned to the Senate Public Health and Welfare Committee for hearings. The Committee held hearings on Wednesday, March 17, 2021, at 8:30 AM in Room 142-S. The Senate Committee amended the bill to change the effective date from upon publication in the Kansas Register to upon publication in the statute book. On January 13, 2022, the bill was withdrawn from the Calendar and rereferred to Committee on Public Health and Welfare

S Sub HB2153: ~~Crimes and criminal procedure; mistreatment of a dependent adult or elder person; increasing criminal penalty~~ (PASSED HOUSE 123–0)Establishing the office of the child advocate within the office of the attorney general and the joint committee on child welfare system oversight (SUBSTITUTE PASSED SENATE 31–4)

This bill was introduced into the House through the House Judiciary Committee on January 27, 2021. It would amend the crime of mistreatment of a dependent adult or elder person to raise the penalty: from a severity level 5 person felony to a severity level 2 person felony when the crime involves the infliction of physical injury, unreasonable confinement, or unreasonable punishment, and the victim is a dependent adult residing in an adult care home during the commission of the offense; and from a severity level 8 person felony to a severity level 5 person felony, when the crime involves omission or deprivation of treatment, goods, or services that are necessary to maintain the physical or mental health of the victim, and the victim is a dependent adult who is a resident of an adult care home during the commission of the offense. The bill was referred to the House Judiciary Committee for hearings. The Committee scheduled hearings on the bill for Monday, February 8, 2021, at 3:30 PM in Room 582-N. On February 25, 2021, the Judiciary Committee recommended that the bill be passed as introduced. The House Committee of the Whole considered the bill on March 2, 2021, recommending adoption by the full House. On March 3, 2021, the bill was adopted by the House Yea: 124 Nay: 0.

The bill was introduced into the Senate that same day, March 3, 2021, and assigned to the Senate Judiciary Committee. The bill was scheduled for hearing on Tuesday, March 23, 2021, at 10:30 AM in Room 346-S, with a second day of hearings on Thursday, March 25, 2021, at 10:30 AM in Room 346-S. On March 30, 2021, the Senate Judiciary Committee substituted the language from SB301 for the existing language of HB2153 bill and recommended the substitute bill be passed. The Senate Committee on Judiciary amended HB2121 to add the contents of HB2153 as introduced and recommended a substitute bill for HB2153 containing amended language from SB301. The substitute bill would create the Office of the Child Advocate “to receive and resolve complaints from legislators and from persons involved with the child welfare system alleging that the Department for Children and Families (DCF), DCF’s contracting agencies, or the Department of Corrections (KDOC) has provided inadequate protection or care of children and assist the Legislature in conducting oversight of the child welfare system to improve the safety and welfare of children.” The Office would be established as a division within and under the jurisdiction of the Attorney General and would be administered by the Child Advocate. The bill would provide, when a vacancy occurs or will occur in the position of the Child Advocate, the Attorney General would promptly notify the chairperson of the Joint Committee (also created by the bill). The Joint Committee would promptly receive applications for the position and recommend three applicants to the Attorney General, who would appoint the Child Advocate, subject to confirmation by the Senate, for a term to expire on January 15 of each even-numbered year, beginning in 2022. The bill would require the Child Advocate to exercise independent judgment in carrying out the duties of the Office and to report to the Attorney General, who could remove the Child Advocate for cause prior to the expiration of the Child Advocate’s term of office. Any files maintained by the Office would be confidential and disclosed only at the discretion of the Child Advocate, except that the identity of any complainant or child would not be disclosed by the Office unless the complainant or child, or either’s legal representative, consents in writing to such disclosure or such disclosure is required by court order. The bill would also establish a Joint Committee on Child Welfare System Oversight, which would review various aspects, including the proposed budget for, the child welfare system agencies, and would authorize the Joint Committee to make recommendations and introduce legislation. After some debate on March 31, 2021, the Senate Committee of the Whole recommended passage of the substitute bill, and the full Senate passed the substitute bill Yea: 31 Nay: 4 on Emergency Final Action.

The bill returned to the House for consideration of accepting or not accepting the Senate amendments. It was not voted on in the 2021 Session, but left for the 2022 Session. The bill was placed on the Calendar to concur or non-concur February 22, 2022. It was considered on March 15, 2022.

HB2200: Children in need of care, Juvenile offenders; relating to risk and needs assessment, evidence-based programs account money

This bill was introduced on February 2, 2021, by the Corrections and Juvenile Justice Committee. It would require the departments of corrections and children and families to coordinate and cooperate to identify and provide more money for evidence-based services for children needing those services. In addition, the bill would provide that a court can extend the overall case length to allow for the completion of any programs in which a child is involved. The Committee scheduled a hearing on the bill in the 2022 Session for Thursday, January 27, 2022, at 1:30 PM in Room 546-S. On February 11, 2022, the Committee made technical amendments to the bill since it was a carryover bill from the previous session, and also amended the bill to increase the cumulative detention limit from 45-days to 90-days and authorize graduated detention sanctions for probation violations. The bill was stricken from the Calendar on February 23, 2022.

HB2223: Crimes; criminal sodomy and sexual battery, when victim’s consent obtained through a knowing misrepresentation

This bill was introduced on February 3, 2021. It would amend current law to make criminal obtaining a victim’s consent to sexual relations by a knowing misrepresentation. The bill was assigned to the House Judiciary Committee for hearing.

HB2251: Relinquishment of firearms; domestic violence, domestic battery

This bill, introduced on February 5, 2021, would mandate that a court issue an order requiring a defendant to relinquish all firearms in that defendant’s custody, control, or possession, and any concealed carry license issued to the defendant when that court issue a qualifying protection order against the defendant or enters a conviction against the defendant for domestic battery. The bill was referred to the House Federal and State Affairs Committee for hearings. The Committee scheduled a hearing on the bill for ~~Friday, March 19, 2021~~, Friday, March 26, 2021, at 9:00 AM Room in 346-S. Many conferees, both pro and con, gave oral and written testimonyat the hearing. Proponents testified about the need for a mechanism to carry out the dictates of protection order statutes when a court orders that a defendant not possess a gun. Opponents testified about the lack of funding to carry out the bill’s mandates, as well as concerns about the abusers’ rights to have guns and due process before those deadly weapons could be removed from them to protect victims.

HB2271: CINC; providing for an extension or re-entry of custody for persons up to 21 years of age

This bill was introduced on February 8, 2021, by Representative Adam Thomas (R-Olathe). It would add a definition of “adult child in need of care,” and provide that upon request by a person over the age of 18, but less than 21, the department of children and families could continue to provide assistance until the person graduated from high school. The bill was assigned to the Children and Seniors Committee for hearing, which set a hearing for Tuesday, February 23, 2021, at 1:30 PM in Room 152-S.

The bill was held over from the 2021 Legislative session and set for hearing again Tuesday, February 8, 2022, 1:30 PM Room 152-S.

HB2323: Marriage; removing the requirement that marriage be between two parties of the opposite sex.

This bill, introduced on February 10, 2021, would remove from Kansas statutes the unconstitutional provision that marriage can only occur between a biological man and a biological woman. Although the provision is unconstitutional, the Kansas Legislature has steadfastly refused to remove this unconstitutional language from the state since 2015 when the United States Supreme Court handed down its decision in Obergefell v. Hodges. Other states legislatures have recently also recently considered removing their outdated language to eliminate the statutory vestiges of this discriminatory law — notably, Virginia. The bill was assigned to the House Judiciary Committee for hearings.

HB2362: Child abuse, criminal; Modifying the elements of and making changes to the criminal penalties (PASSED HOUSE 123–0)

This bill was introduced on February 11, 2021. It would redefine the crime of criminal abuse, removing the provisions that it include “torturing” or inflicting “cruel and unusual punishment” on a child, and instead use the following more objective language:

“(A) Knowingly torturing, cruelly beating, cruelly striking or cruelly kicking;

“(B) knowingly inflicting cruel and inhuman corporal punishment; or

“(C) knowingly using cruel and inhuman physical restraint, including caging or confining the child in a space not designated for human habitation or binding the child in a way that is not medically necessary;

“(2) recklessly causing great bodily harm, abusive head trauma, permanent disability or disfigurement; or

“(3) (A) knowingly causing great bodily harm, abusive head trauma, permanent disability or disfigurement;

“(B) knowingly inflicting cruel and inhuman corporal punishment with a deadly weapon; or

“(C) knowingly impeding the normal breathing or circulation of the blood by applying pressure on the throat, neck or chest of the child or by blocking the nose or mouth of the child in a manner whereby death or great bodily harm could be inflicted.“

The bill was assigned to the House Judiciary Committee for hearings. On February 25, 2021, the Committee recommended the bill pass without amendment. On February 25, 2021, the House Committee amended the bill to add progress, degree, and minimum credit hour requirements and maximum benefit periods to the educational exemptions created by the bill and to change the term “private” to “nonpublic.” The House Committee of the Whole considered the bill on March 2, 2021, and recommended its passage. The House passed the bill Yea: 124 Nay: 0 on March 3, 2021.

The bill was introduced into the Senate on March 4, 2021, and assigned to the Senate Judiciary Committee for hearings. The Senate Judiciary Committee scheduled a hearing for the bill on Tuesday, January 25, 2022, at 10:30 AM in Room 346-S.

HB2371: Assistance, food and childcare; removing cooperation with child support from requirements for receipt

This bill was introduced on February 12, 2021. It would delete from the requirements for receiving TANF benefits that the recipient be disqualified if they “not cooperated without good cause with child support services shall be ineligible to participate in the food assistance program.” The requirement is imposed by federal law and cannot be undone. The bill was assigned to the House Children and Seniors Committee. A hearing was held on Monday, February 22, 2021 at 1:30 PM in Room 152-S. At the House Committee hearing, representatives of ChildCare Aware of Kansas, DCF, Kansas Action for Children, Kansas Appleseed, and Kansas Coalition Against Sexual and Domestic Violence; an associate professor at The Ohio State University, College of Social Work; and a private citizen testified as proponents of the bill, stating the bill would increase access to the child care and food assistance programs, which would remove educational barriers and enhance economic opportunity. On March 1, 2021, the House Committee recommended the bill be amended to add progress, degree, and minimum credit hour requirements and maximum benefit periods to the educational exemptions created by the bill and to change the term “private” to “nonpublic.” The bill was stricken from the Calendar March 5, 2021, when it had not passed the House by the turn-around deadline.

HB2376: Orders of Protection; Requiring law enforcement agencies to adopt a policy relating to making arrests for violation of a protective order and procedures for separating suspects from the scene for a period of time.

This bill was introduced on February 12, 2021 by the House Judiciary Committee. It would require that law enforcement agencies adopt appropriate policies for arrest based upon a violation of existing orders of protection (protection from stalking and protection from abuse). It would also require those agencies set out their procedures for separating suspects of violating a protective order from the scene where the violation occurred. Although federal law provides requirements in the Violence Against Women Act (VAWA), too many law enforcement agencies continue to defer arrest and separation of accused from victims because they consider it a domestic matter or because they are unable to determine the circumstances of the allegations. The bill was assigned to the House Judiciary Committee for hearings. The bill was set for hearing on February 23, 2021, at 3:30 PM in Room 582-N.

HB2410: Protection Orders; creating the “gun violence restraining order act”

This bill, introduced through the House Federal and State Affairs Committee would authorize a court to issue protective orders prohibiting the purchase or possession of firearms by a person upon request by a family member, person in a dating relationship with that person, or another person close to the person. The court would have authority to issue a gun violence restraining order if the court determines there is reasonable cause to believe that the defendant poses a significant risk of personal injury to self or others by possessing a firearm. The bill was assigned to the Federal and State Affairs Committee for hearings.

HB2422: Marriage; 18-year old age requirement, removing exceptions.

This bill was introduced on February 25, 2021, by Rep. Stephanie Clayton (D-Johnson County) through the House Federal and State Affairs Committee. It would change Kansas law to mandate that a person must be at least 18-years of age in order to get married, and it would also eliminate exceptions currently recognized by Kansas law (parental consent). Similar proposals have been pushed for decades throughout the world by various organizations (including the International Academy of Family Lawyers) and other advocates to stop children from being abused and enslaved by their families. In an article about the bill, the Kansas City Star noted that Clayton’s bill is the first attempt to change the minimum age for marriage in Kansas in recent years. Until 2006, the state allowed children of any age to marry with parental permission. That year, the Kansas Legislature finally limited the state’s practice of allowing common-law marriages only to those persons who were aged 18 or greater.

The bill was assigned to the House Federal and State Affairs Committee for hearings. The Committee scheduled a hearing on the bill for Friday, ~~March 19, 2021~~, March 26, 2021, at 9:00 AM Room in 346-S. At the hearing, many proponents presented strong written as well as oral testimony in favor of the bill. No opponents presented testimony against the bill. The bill did not pass out of Committee during the 2021 Session, so was held over to the 2022 Session.

S Sub HB2448: ~~Foster homes; licensing.~~ (PASSED HOUSE 119-4) Requiring able-bodied adults without dependents to complete an employment and training program in order to receive food assistance. (Sub PASSED SENATE 27-12)

This bill, introduced on March 23, 2021, would permit the secretary for children and families to license family foster homes where a former foster care youth with juvenile adjudications resides. The bill was assigned to the House Committee on Appropriations, which scheduled a hearing on the bill for Wednesday, March 24, 2021, at 1:30 PM in Room 152-S. On March 29, 2021, the Committee recommended that the bill be passed by the House without amendment. The House Committee of the Whole considered the bill on March 30, 2021 and recommended its passage. On that same day, the House passed the bill without amendment Yea: 119 Nay: 4.

The bill was introduced into the Senate on April 6, 2021, and referred to the Senate Public Health and Welfare Committee for hearings. On March 21, 2022, the Senate Committee recommended that a substitute bill be passed, which would instead “require able-bodied adults without dependents to complete an employment and training program in order to receive food assistance,” in line with other draconian measures the 2022 Senate passed to punish people for being poor and out of work. On March 23, 2022, the Senate Committee of the Whole recommended passing the substitute, and on Emergency Final Action that same day, the Senate passed the substitute Yea: 27 Nay: 12.

The House nonconcurred in the Senate amendments on March 28, 2022, requesting a Conference Committee. The Senate acceded to the request on March 29, 2022, and a Conference Committee was appointed.

HB2468: Foster Youth Bill of Rights

This bill was prefiled on January 6, 2022, by Rep. Gail Finney (D-Wichita). It would provide various rights for a foster child to ensure proper care and protection of a child in need of care in the child welfare system unless otherwise ordered by the court. The bill was assigned to the House Committee on Children and Seniors for hearings. On February 23, 2022, the bill was withdrawn from the Committee on Children and Seniors and assigned to the House Appropriations Committee so that it could be considered after turn-around. The bill was removed from the Appropriations Committee and reassigned to the House Committee on Children and Seniors on March 1, 2022. On March 16, 2022, the Committee set the bill for hearing on Wednesday, March 16, 2022, at 1:30 PM in Room 152-S.

HB2469: Foster Parents Bill of Rights

This bill was pre-filed on January 6, 2022, by Rep. Gail Finney (D-Wichita). Among other things, the bill would prohibit discrimination against foster parents by the State on the basis of religion, race, color, creed, gender, marital status, national origin, age or physical handicap, and would provide rights to participate in CINC proceedings, receive notice of any proceedings regarding the foster child, and provide for ongoing education. The bill was assigned to the House Committee on Children and Seniors for hearings. On February 23, 2022, the bill was withdrawn from the Committee on Children and Seniors and assigned to the House Appropriations Committee so that it could be considered after turn-around. The bill was removed from the Appropriations Committee and reassigned to the House Committee on Children and Seniors on March 1, 2022. On March 16, 2022, the Committee set the bill for hearing on Wednesday, March 16, 2022, at 1:30 PM in Room 152-S.

HB2474: Divorce; Name Change to Different Name

This bill was introduced on the first day of the 2022 Legislative Session by Representatives Highberger (D-Lawrence) and Neely (R-Eudora). It would allow a court to change a person’s name to a name that is different from his or her maiden or former name during a divorce proceeding. The bill is a re-submission of HB2098, which the House Judiciary Committee recommended for passage in 2021, but which was stricken from the Calendar when it wasn’t considered by before 2021 adjournment.

The bill was referred to the House Judiciary Committee for hearings. On January 12, 2022, the bill was scheduled for hearing in the House Judiciary Committee on Tuesday, January 18, 2022, at 3:30 PM in Room 582-N. Testimony presented to the Committee stated the bill would save personal and judicial resources and provide a safety measure for victims of domestic violence. Representatives of the Kansas Bar Association and the Kansas Coalition Against Sexual and Domestic Violence provided written-only proponent testimony. On January 27, 2022, the Committee recommended that the bill be passed as introduced. On February 23, 2022, the bill was stricken from the Calendar by Rule 1507 since it was not considered before turn-around.

HB2496: Uniform Family Law Arbitration Act (PASSED HOUSE 121–0)

This bill, introduced by the House Judiciary Committee on January 19, 2022, would enact the Uniform Family Law Arbitration Act (UFLAA). If enacted, Kansas would be the fifth state to adopt the UFLAA (North Dakota, Arizona, Hawaii, and Montana being the other states that have adopted the Act) since it was proposed in 2016. The UFLAA was previously introduced in the 2020 legislative session as HB2533. The House Judiciary Committee heard testimony on it and recommended the bill be approved. The bill died when it was stricken from the House Calendar because of adjournment of the Covid-19 shortened 2020 session.

The uniform act sets out arbitration procedures chronologically, from defining an arbitration agreement to providing standards for vacating a confirmed award. Many of the provisions of the UFLAA are familiar to arbitrators and practitioners in the dispute resolution field because the UFLAA is based in part on the Uniform Arbitration Act (1955) and Revised Uniform Arbitration Act (2000) (which was adopted by the Kansas Legislature in 2017). The UFLAA’s provisions for arbitrator disclosure, award, appeals, and arbitrator immunity, among others, are drawn substantially from these earlier uniform acts. Since family law disputes are different from traditional commercial disputes, however, the UFLAA contains some key provisions that do not appear in the Uniform Arbitration Act or Revised Uniform Arbitration Act. The Reporter for the UFLAA was Washburn Law School Professor Linda Elrod.

The bill was assigned to the House Judiciary Committee for hearings. The bill was set for hearing on January 26, 2022, at 3:30 pm in Room 582-N. In the House Committee hearing, the Kansas Bar Association through Larry Rute and Professor Linda Elrod testified in favor of the bill, stating the UFLAA builds on the Revised Uniform Arbitration Act and provides modified arbitration approaches appropriate for the unique factors present in family law cases. A representative of the Uniform Law Commission provided written-only proponent testimony as did Ronald W. Nelson. On February 10, 2022, the Committee recommended the bill be passed without amendment. The bill was considered by the House Commitee of the Whole on February 22, 2022, which recommended passage by the entire House. The full House passed the bill Yea: 121 Nay: 0 on February 23, 2022, sending the approved bill to the Senate for consideration.

In the Senate, the bill was assigned to the Judiciary Committee for hearings.

HB2525: Child Support; removing “non-cooperation with child support” from requirements for food and child care assistance eligibility and exempting adults enrolled in school from the 20-hour-per-week work requirement for child care assistance eligibility for a limited time.

This bill was introduced on January 20, 2022, through the House Committee on Children and Families. It would make various technical and stylistic changes to Kansas statutes dealing with food and child care assistance, including work requirements and required cooperation with child support enforcement agencies. The bill would also remove the provision in law that applying for or receiving child care or food assistance deems the applicant or recipient to have assigned to the Secretary present or future rights to child support owed to such person or owed to a family member for whom an individual is applying for or receiving aid.

The bill was referred to the Committee on Children and Seniors for hearings. The Committee set the bill for hearing on Monday, January 31, 2022, at 1:30 PM in Room 152-S. In the House Committee hearing, representatives of Child Care Aware of Kansas, Greater Wichita YMCA, Harvesters, Kansas Action for Children, Kansas Appleseed Center for Law and Justice, Kansas Coalition Against Sexual and Domestic Violence, and Thrive Allen County provided proponent testimony. Proponents stated the bill would increase access to child care and food assistance programs and remove barriers for parents to receive education and secure employment. On February 3, 2022, the Committee recommended that the bill be passed with an amendment to allow, but not require, the Secretary to offer coordination between child support services and individuals applying for or participating in child care or food assistance. The bill was placed on the Calendar for debate by the Committee of the Whole on February 22, 2022. The House Committee of the Whole debated the bill on February 22, 2022, ultimately rejecting to advance the bill Yea: 53 Nay: 66. The bill was stricken from the Calendar on February 23, 2022.

HB2527: CINC; Removing the authority for law enforcement officers to deliver a child in need of care to a court services officer and prohibiting supervision of persons found not guilty by reason of mental disease or defect by court services officers

This bill was introduced on January 21, 2022, through the House Judiciary Committee.

The bill would amend the Code of Criminal Procedure to prohibit a court from placing a person found guilty by reason of mental disease or defect under the supervision of a CSO. The bill would amend the Revised Code for Care of Children to remove CSOs from the list of persons and entities to whom a law enforcement officer may deliver a child under the age of 18 years when such child is taken into custody by such officer.

The bill was assigned to the House Judiciary Committee for hearings. The bill was scheduled by the Judiciary Committee for Tuesday, January 25, 2022, at 3:30 PM in Room 582-N. In the House Committee hearing, a representative of the Office of Judicial Administration (OJA) testified as a proponent of the bill, stating it contained recommendations made by a workgroup established by the Kansas Supreme Court to review CSO workloads. On February 10, 2022, the House Judiciary Committee recommended the bill be passed as introduced. The bill was stricken from the Calendar March 23, 2022.

HB2536: Sexual assault survivors rights

This bill was introduced on January 25, 2022, by Representatives Lynn and Hoheisel. The bill would provide statutory expression of the rights of a sexual assault survivor and would provide sexual assault survivors with the right to consult with a sexual assault counselor and require notice to that person of the rights stated in the bill.

The bill was referred to the House Judiciary Committee on January 25, 2022. It was set for hearing in the Judiciary Committee on ~~Thursday, February 3, 2022~~ Tuesday, February 8, 2022, at 3:30 PM in Room 582-N. At that hearing, survivors of abuse testified about the need for the protections included in the bill. The Kansas Reflector on February 12 published an article about the bill and the testimony present. Flannery Houston, the director of programs with Rise — a national coalition of sexual assault survivors — drew from her own experience as a sexual assault survivor, and her decision not to report the crime, to demonstrate the merits of the bill. “Survivors are left to navigate a confusing and opaque law enforcement and judicial system on their own — while at their most vulnerable,” Houston said. “Had these protections been available to me, I would have been more empowered to report my crime.” However, Ed Klumpp, a representative of several law enforcement organizations across the state, said despite his support for the intent of the bill, certain additional protections could delay investigations. For example, he said, third parties during the interview process often inhibit the victim from describing details critical to the investigation.

HB2582: CINC; requiring the department of children and families to share information with law enforcement. (PASSED HOUSE 122-1)

This will was introduced February 1, 2022 though the Committee on Children and Seniors. It is a duplicate of SB425. The bill would allow the Kansas department for children and families to share certain information with investigating law enforcement agencies with certain other agencies and persons. Directing the Kansas department for children and families to share certain information with investigating law enforcement agencies. Specifically, the bill would provide that the “secretary shall disclose confidential agency records of a child alleged or adjudicated to be a child in need of care,” as described in the bill. The bill was referred to the House Committee on Children and Seniors for hearings.

The bill was set for hearing in the House Committee on Children and Seniors for Wednesday, February 9, 2022, at 1:30 PM in Room 152-S. On February 11, 2022, the Committee recommended that the bill be passed as amended in Committee. The Committee amended the bill to add to the list of information the Secretary for Children and Families must disclose the name and contact information of the reporter or persons alleging abuse or neglect and case managers, investigators, or contracting agency employees assigned to or investigating a report of abuse or neglect. At turnaround, on February 23, 2022, the bill was re-referred to the House Committee on Appropriations (and exempt committee) to preserve the bill for further work after the mid-term break. The bill was referred back to the House Judiciary Committee on March 1, 2022 (after turn-around), and set for hearing in the House Judiciary Committee for Thursday, March 3, 2022, at 3:30 PM in Room 582-N. In the House Committee on Judiciary hearing on March 3, 2022, the same conferees provided proponent and written-only proponent testimony as in the previous hearing. On March 7, 2022, the House Committee on Judiciary amended the bill to clarify that records disclosed to an investigating law enforcement agency may only be used for the purposes of the investigation. The bill was considered by the House Committee of the Whole on March 15, 2022 and recommended for passage. On March 16, 2022, the bill was considered by the full House and passed Yea: 122 Nay: 1.

The bill was introduced in the Senate on March 16, 2022. It was assigned to the Senate Judiciary Committee for hearings. On March 22, 2022, the bill was removed from the Judiciary Committee and re-referred to the Senate Committee on Public Health and Welfare. The Committee amended the bill on March 23, 2022, to make it effect on publication in the Kansas Register instead of July 1.

HB2603: Childhood sexual assault; expanding statute of limitations for actions

This bill was introduced on February 4, 2022, through the House Judiciary Committee. It is a duplicate of SB420. It would allow victims of childhood sexual abuse to bring a civil action for recovery of damages caused by such abuse at any time and would revive claims against any party for such damages that occurred on or after July 1, 1984. The bill was referred to the House Judiciary Committee for hearings.

HB2614: Gun violence protection; authorizing the issuance of court restraining orders prohibiting the purchase or possession of firearms by a person

This bill was introduced on February 7, 2022, by Rep. Barbara Ballard (D-Lawrence). It would authorize a court to issue an order restraining a person from possessing and purchasing guns upon the filing of a petition by any of the same persons who can file a protection from abuse or stalking petition — a spouse, a significant other, a person in a dating relationship against whom the action is filed, a close family member, or others in close immediate contact with the person to be restrained as a result of that person’s current threats for violence against the restrained person or others. It is similar to HB2410 introduced in the 2021 session and still pending and not set for hearing.

The bill was assigned to the House Judiciary Committee for hearings.

HB2624: Protection Orders; extending the initial protection period and providing for extensions

This bill was introduced on February 8, 2022, through the House Judiciary Committee. It would increase the initial period for final orders of protection in protection from abuse and protection from stalking actions and it would also adjust the manner in which extensions of an original order for protection are obtained when the original order is expiring. The bill would provide that an initial protection order would extend for “a period of not less than two years and not more than five years.” Upon the filing of a motion to extend the original protection order, the Court “shall extend a protective order for not less than two additional years and may extend the protective order up to the lifetime of the defendant.”

The bill was assigned to the House Judiciary Committee for hearings.

HB2632: Child abuse and neglect; requiring forensic examinations of child. (PASSED HOUSE 95-27)

This bill was introduced on February 8, 2022. It would require that a forensic medical evaluation be conducted of an alleged victim of child abuse or neglect as part of an investigation of child abuse or neglect. The bill would also create a program in the department of health and environment to provide training and payment and define child abuse review and evaluation providers, networks and examinations and child abuse medical resource centers.

The bill was assigned to the House Committee on Children and Seniors for hearings. The bill was set for hearing on Wednesday, February 16, 2022, at 1:30 PM Room in 152-S. On February 18, 2022, the Committee recommended that the bill be approved by the full House without amendment. The bill was set for debate in the House Committee of the Whole for February 22, 2022. On February 22, the bill was passed over retaining a place on the calendar. The next day, at turnaround, on February 23, 2022, the bill was re-referred to the House Committee on Appropriations (and exempt committee) to preserve the bill for further work after the mid-term break. On March 3, 2022, the bill was withdrawn from the Appropriations Committee and re-referred to Committee of the Whole. The Committee of the Whole debated the bill on Monday, March 21, 2022, recommending that it be passed. During debate, Rep. Humphries (R-Wichita) proposed an amendment to remove “emotional abuse” as abuse that could be investigated under the bill. That proposed change was rejected by the body. Rep. Landwehr proposed to amend the definition of “child abuse review and evaluation network” to include any medical provider associated with a child advocacy center that has the ability to conduct a CARE exam and to add a sunset date of July 1, 2026, to the bill. That amendment was adopted. Emergency final action was held the same day, with the bill passing as amended Yea: 95 Nay: 27.

The bill was introduced into the Senate on March 23, 2022, and assigned to the Senate Committee on Public Health and Welfare.

HB2642: Courts; district courts, allowing a petition to consider a change in the manner by which district judges are chosen more often than every 8 years.

This bill was introduced on February 8, 2022. It would allow the filing of a proposition in counties related to the method of selecting judges of the district court to be submitted to the voters more than once every eight years. The bill was assigned to the Judiciary Committee for hearings.

HB2647: Child legal custody and parenting time; addition of “sexual abuse” to factors considered.

This bill was introduced on February 8, 2022. It would add yet another factor to the list of 16 factors to be considered by a court when considering legal custody, residency, and parenting time. The factor is already considered by judges. The bill would additionally create a rebuttable presumption that it is not in the best interest of the child to have parenting time granted to a parent who is subject to certain sex offender registration requirements. The bill is yet another attempt to weaponize child custody proceedings and increase the conflict injected into child custody matters.

The bill was referred to the House Judiciary Committee for a hopefully pitiful death, which is not what it would do to families. The bill was initially set for a hearing on ~~Monday, February 14, 2022, at 3:30 PM Room 582-N~~, but was canceled shortly after it was set.

HB2700: Adoption; requiring DCF to review child’s needs and attachments before consent to adoption

This bill was introduced on February 11, 2022 through the House Committee on Children and Seniors. It would require the Kansas department for children and families to review certain needs and attachments of the child before giving consent for an adoption and would require the court make sure that review occurred when considering the adoption.

The bill was assigned to the House Committee on Children and Seniors. The bill was set for hearing in the Committee ~~on Wednesday, February 16, 2022, at 1:30 PM in Room 152-S~~, but the hearing was canceled. The bill was assigned to the Appropriations Committee to avoid turn around issues. On March 1, 2022, the bill was removed from the Appropriations Committee and reassigned to the Committee on Children and Seniors. On March 15, 2022, the Committee recommended the bill be amended to (1) specify that DCF would be required to conduct an individualized assessment of the child’s needs and attachments before giving consent for an adoption of a child, and that the court would be required to find that such an assessment occurred, but only when there is more than one prospective adoptive family; (2) remove siblings from the list of relationships the DCF assessment must address; and (3) amend the definition of “kinship care placement” to include a foster placement with whom the child lived for more than six months.

HB2725: Parenting time, temporary; mandating equal parenting time on temporary orders.

This bill was introduced on March 3, 2022 through the House Federal and State Affairs Committee (an exempt committee) after the deadline to submit bills in the first house for consideration by using the work-around of having an exempt committee introduce the bill. The bill is the same bill that was introduced and heard in the 2019 legislative session (SB157) that passed the Senate, but did not advance in the House. A duplicate bill had been introduced in the House that year (HB2196). The bill would require courts to impose upon families – both divorcing and couples who had never married – equal parenting time and joint legal custody (parental decision-making) when temporary orders are issued. As with the bill introduced in 2019, this bill is another in a line of proposed bad solutions for problems that don’t exist coming from complaints by individuals arising from their own cases and seeking to impose upon everyone in the system cookie-cutter solutions, including domestic violence survivors and ongoing victims. In December 2018, the Kansas Judicial Council issued a report that came out strong against the kinds of presumptions found in these bills in the Judicial Council’s 2018 Report on HB2529, a bill that would have done essentially the same thing this bill seeks, but with final orders. The bill was assigned to the House Judiciary Committee for hearings. On March 9, 2022, the bill was set for hearing in the House Judiciary Committee for ~~Tuesday, March 15, 2022, at 3:30 PM~~ in Room 582-N. The hearing was canceled the next day and was not rescheduled.