Kansas 2023-2024 Regular Session

Kansas House Bill HB2070

Introduced
1/18/23  
Refer
1/18/23  
Report Pass
2/1/23  
Engrossed
2/9/23  
Refer
2/10/23  
Report Pass
3/27/23  

Caption

Senate Substitute for HB 2070 by Committee on Judiciary - Establishing the office of the child advocate as an independent state agency, making orders granting custody for adoption subject to the federal Indian child welfare act, directing the secretary for children and families to consider foster parents as prospective adoptive parents in certain circumstances and authorizing appeal of any order of placement of a child.

Impact

The introduction of HB 2070 would significantly impact state laws regarding sentencing for nonviolent drug offenders. It provides an alternative to traditional incarceration, aligning with trends towards reforming punitive approaches to drug-related crimes. The bill mandates that offenders must undergo assessments to evaluate their suitability for treatment and outlines the parameters for courts to impose these nonprison sanctions. Such changes could alleviate overcrowding in prisons and emphasize treatment over punishment, reflecting a shift towards recognizing substance abuse as a public health issue rather than just a criminal offense.

Summary

House Bill 2070 proposes the establishment of a nonprison sanction option in the form of certified drug abuse treatment programs specifically for certain offenders. This bill targets adult offenders convicted of specific felony violations related to drug crimes and provides a mechanism for their participation in treatment programs instead of serving time in prison. The aim of the bill is to promote rehabilitation and reduce the risk of reoffending by addressing substance abuse issues as a core part of the sentencing process. It establishes clear criteria for offenders to qualify for these treatment programs, which includes risk assessment evaluations.

Contention

Discussions around HB 2070 have highlighted notable points of contention, especially regarding public safety and the effectiveness of rehabilitation programs. Proponents argue that providing access to treatment will help reduce recidivism rates among offenders and ultimately benefit public safety by addressing the root causes of drug-related crimes. Conversely, opponents express concerns that placing offenders into treatment programs may jeopardize public safety if released offenders are not sufficiently monitored or if the programs fail to adequately address their needs. Additionally, there are apprehensions about the adequacy of resources allocated for these treatment programs and their capacity to handle potentially high numbers of participants.

Companion Bills

No companion bills found.

Previously Filed As

KS S10468

Establishes confirmatory adoptions allowing adoption and parentage judgements for a child with more than two parents; recognizes functional parents as legal parents; allows "de facto parents" to get a court order confirming their parentage; grants all legal parents standing to seek visitation or custody of their children.

KS HB2132

Substitute for Substitute for HB 2132 by Committee on Child Welfare and Foster Care - Determining when a law enforcement officer may or shall take a child into custody.

KS A4079

Concerns stalking and related restraining order protections for adoptive children and their adoptive parents victimized by persons whose parental rights to the adoptive children have been terminated.

KS HB579

Recruiting Families Using Data Act of 2025This bill requires state plans for child welfare services to provide for the development and implementation of a family partnership plan to improve foster care placement stability, increase rates of kinship placements, and align the composition of foster and adoptive families with the needs of children in or entering foster care.The Children's Bureau of the Administration for Children and Families also must include in its annual report information from states about the number, demographics, and characteristics of foster and adoptive families as well as a summary of the challenges related to recruiting and being foster or adoptive parents.

KS HB2521

Expanding the Kansas tort claims act to include child placement agencies that contract with the secretary for children and families.

KS SB1143

In child protective services, further providing for employees having contact with children and adoptive and foster parents.

KS HB2175

Requiring the secretary for children and families to notify the parent of a child who is the subject of an investigation of abuse or neglect of such parent's rights during such investigation and to complete a written report upon closing such an investigation, providing for an agreement between the parent of a child and the secretary if such child is removed from the home during an investigation of abuse or neglect and a parent to withhold certain information except when otherwise ordered by a court.

KS HB2302

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

KS HB2505

Termination of parental rights; abused, etc., children or children without parental care, appeals.

KS SB408

Excluding a child engaging in age-appropriate independent activities from the definition of a child in need of care in the revised Kansas code for care of children, requiring the secretary for children and families to enter into a memorandum of understanding with military organizations and create a referral process for children in need of care cases involving children of military personnel to provide families with services that a military family advocacy program offers, authorizing a challenge to a voluntary acknowledgment of paternity as soon as practicable after discovery of fraud, duress or mistake of fact and specifying that certain genetic testing results shall constitute a change of circumstances that warrants a court finding of material mistake of fact.

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IA HF518

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IA HF326

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