Kansas House Judiciary Committee hears bill clarifying precedence of child-related orders, adds guardianship to protection-from-abuse statute

The House Committee on Judiciary held a hearing March 4 on Senate Bill 135, a bill that clarifies which child-related orders take precedence over orders issued under the Protection from Abuse Act and adds guardianship proceedings to the list of matters covered.

The bill would amend KSA 60-3107 to state explicitly that orders related to legal custody, parenting time, and other determinations of a child’s best interest — including orders issued under the revised code for the care of children and the revised juvenile justice code — take precedence over similar orders issued under the Protection from Abuse Act. The bill also allows protection-from-abuse orders to modify certain interlocutory family-law orders on sworn testimony showing good cause, including where there is immediate and present danger to the plaintiff or a minor child. If adopted, the bill would take effect July 1.

Jason Thompson, committee reviser, summarized the change as largely a restructuring and clarification of current law: “The bill retains these prohibitions on modifying orders by ex parte or temporary orders, clarifies that orders relating to legal custody or parenting time, orders relating to the best interest of a child, and orders issued pursuant to the revised code for care of children or the revised juvenile justice code, shall take precedence over a similar order issued under the Protection from Abuse Act.”

Ron Nelson of the Kansas Judicial Council told the committee the drafting focused on making the statute clearer for self-represented parties and said the one substantive change was the inclusion of guardianship proceedings. “Guardianship proceedings have not previously been included,” Nelson said, explaining the change is intended to ensure protection orders can cover “situations where there is an abuse situation with a guardianship.” He also noted a technical misnumbering to be corrected in the bill text.

Michelle McCormick, executive director of the Kansas Coalition Against Domestic Violence, said the coalition requested the clarification after partners reported inconsistent application of the law across the state. “Anytime there's a lack of clarity when it comes to protection orders and the impact of these orders on survivors and their children, of course, we're concerned that their needs aren't being met,” McCormick said, urging the committee to adopt clearer statutory language.

Committee members had no recorded opponents or neutral testimonies at the hearing. The bill was introduced in the Senate at the coalition’s request and passed that chamber 39-0, the committee was told. The committee closed the hearing with no formal vote recorded and indicated staff and members will review the bill text and any needed technical corrections before further action.

No committee vote or amendment was recorded at this hearing; proponents asked the committee to consider the clarifying language and a technical renumbering identified during testimony.