TOPEKA — Lawmakers moved forward with a baby box dropoff system meant to make child relinquishment safer and easier, as part of a legislative bundle that incorporates three child welfare bills.
An amended form of the legislation passed the Senate 36-1 and the House 116-0. The bill bundle, which includes a foster care bill of rights and provisions for child abuse evaluations, has been sent to the governor for a final decision.
The bill legalizes “newborn safety devices” for baby dropoffs. People who drop off infants to these devices within the legal window for relinquishment would be immune to criminal and civil liabilities.
Current law allows anyone who has legal custody of an infant 60 days old or younger and has not physically harmed the infant to give custody of the child to any on-duty employees at certain locations.
The devices would be equipped with locks, temperature control and alarm systems and installed in facilities designated for infant dropoffs, in an easily visible location.
The locations include police stations, sheriff’s offices, law enforcement centers, city or county health departments, fire stations or any county health department without criminal or civil liability. Installation of the devices would be voluntary.
Bill proponents say the legislation will help people too frightened to do in-person infant dropoffs, and would help promote safe anonymous infant relinquishments. Rep. Tim Johnson, a Bonner Springs Republican, said during a bill hearing that 18 children had been surrendered to officials since 2017.
Included in the bill bundle were provisions to create a Kansas Department of Health and Environment program for child abuse review and evaluation referrals. The program would provide regulations and training for these evaluation processes. DCF would be required to make a CARE referral for a child ages 5 or younger when there is an allegation of physical abuse or physical neglect.
Under the bill, the results of the CARE exam would have to be considered by the Kansas Department for Children and Families secretary when making recommendations for the child’s care and placement.
In March 8 testimony in support of the provision, Rachel Marsh, CEO of the Children’s Alliance of Kansas, said properly investigating child abuse allegations is important.
“In child welfare, there is the risk of a false positive — determining a child has been abused when he has not; and a false negative — determining a child has not been abused when he has,” Marsh said. “Avoiding either of these errors is critically important to the wellbeing of children and their families.”
Another portion of the bill establishes a foster care bill of rights named in memorial to former Rep. Gail Finney, an advocate for reform to the foster care system. The Wichita Democrat died last year.
Rep. Susan Concannon, a Beloit Republican, spoke in favor of the bill bundle on the House floor for an April 6 vote. Concannon said the bill of rights was included in the bundle because the Senate didn’t have time to rule on it.
“The Senate didn’t have an opportunity, but they took a look at it and agreed to include it in this package,” Concannon said.
The bill of rights would inform children about their right to a stable environment, experience the least number of placements possible, have access to adequate clothing and other belongings, conduct family visits, attend school and participate in court proceedings, among other things.
Supporters of the legislation said foster youths and foster parents needed to have a clear understanding of their rights in order to navigate the child welfare system successfully.
Kansas Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Kansas Reflector maintains editorial independence. Contact Editor Sherman Smith for questions: info@kansasreflector.com. Follow Kansas Reflector on Facebook and Twitter.
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