Committee declines to advance bill that would treat private child‑placement agencies as state actors under Tort Claims Act

The Judiciary Committee considered House Bill 25‑21, which would expand the Kansas Tort Claims Act to cover child‑placement agencies that contract with the Department for Children and Families (Secretary for Children and Families). After lengthy debate over whether the state or private providers would ultimately bear liability, potential caps on damages, impacts on victims, and the effect on providers’ insurance markets, the motion to pass the bill favorably failed.

Opponents, including Representative Carmichael, argued the proposal would “revictimize” abuse survivors by capping damages at the Tort Claims Act limit (commonly $500,000) and transferring risk from private providers and insurers to the state and taxpayers. Carmichael said the change would limit potential noneconomic damages and remove a deterrent against negligent conduct.

Supporters, including Representative Schreiber, said privatization of child placements shifted responsibilities to private agencies and that the state bears policy responsibility; they warned that insurers might exit the market and private providers could fail without statutory changes, thereby forcing the state to resume direct provision at potentially higher cost.

Committee members asked the Revisor and fiscal staff whether the state or contractors would pay claims under standard contracts and requested clarification on discretionary‑function immunity and duty‑to‑defend implications. Fiscal and legal uncertainties led several members to withhold support. The chair said the no vote prevailed and offered to revisit the bill in two days.

What happened: the committee voted and the bill did not receive a favorable report; members indicated they wanted more information about who would assume liability, contract language, and fiscal exposure before reconsidering.