House Status:
Senate Status:
Senate Status:
Minutes for HB2381 - Committee on Judiciary
Short Title
Requiring the court to appoint an attorney to represent a child who is the subject of child in need of care proceedings and allowing for the optional appointment of a guardian ad litem.
Minutes Content for Thu, Feb 16, 2023
Chairperson Patton opened the hearing on HB2381. (Attachment 7) Jessie Pringle provided an overview of the bill.
Proponent
Darcy Olson (Attachment 8) gave statistics on children in Kansas which is in her written testimony. Ms. Olson gave examples of all the people who have the right to legal representation but not children. She said Kansas has more than the national average of kids in foster care, kids that age out in foster care, and many take over 3 years to be adopted from foster care. Ms. Olson stood for questions.
Written Proponent
Rachel Marsh, CEO, Children's Alliance of Kansas (Attachment 9)
Natalece Washington, Policy Counsel, National Association of Counsel for Children (Attachment 10)
Neutral
Judge Kellie Hogan (Attachment 11) stated she was testifying today because she wants to provide information about how a change in the law would impact the court. HB2381, if passed, would result in a significant change to child in need of care proceedings across the state as it directs the court to appoint an attorney for the child. Judge Hogan explained the current process and how that would be impacted by HB2381. HB2381 does state that a court-appointed special advocate (CASA) may make a recommendation regarding the best interest of the child. She also expressed concerns about the attorney resource concerns with HB2381. Judge Hogan stood for questions.
Written Neutral
Jay Hall, Kansas Association of Counties (Attachment 12)
Chief Judge Nick St. Peter, Kansas District Judges Association (Attachment 13)
Opponent
Mark Jordan (Attachment 14) stated HB2381 is a solution to a problem that does not exist. The bill would impose a significant strain on court budgets and will create significant ethical dilemmas for attorneys, even if appointed to represent a single child. Mr. Jordan does not think the bill is necessary. He stood for questions.
Caitlyn Eakin (Attachment 15) stated the Kansas CASA network fully supports the legal representation of children in a Child in Need of Care Court Proceeding. The Kansas CASA Network fully supports Statute 38-2205, that outlines the assignment of a required guardian ad litem attorney to represent the child’s best interest in proceedings with the option to add a secondary attorney if the child’s position is not consistent with the guardian ad litem’s. Kansas CASA’s questions in regard to language change to HB2381 are outlined and explained in her written testimony. Ms. Eakin stood for questions.
Written Opponent
Michael Lazzo, Court Appointed GAL - Sedgwick County (Attachment 16)
Chairperson Patton closed the hearing on HB2381.
