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Kansas committee hears bill to include contracted child-placement agencies in Tort Claims Act
Summary
Proponents told the House Committee on Judiciary that adding contracted child placement agencies to the Kansas Tort Claims Act would restore predictability and insurability for providers; opponents warned it could limit victims’ remedies and may be unconstitutional.
The House Committee on Judiciary heard House Bill 25-21, a measure that would add child placement agencies contracting with the Secretary for Children and Families to the definition of “state” under the Kansas Tort Claims Act.
Jason Thompson of the Reviser's Office told the committee the amendment would amend KSA 75-6102 and place such agencies within the Act’s waiver-of-immunity framework, including existing damages limits and discretionary-function exceptions. Thompson said officials should confirm the drafting matches legislative intent about whether liability would attach only for duties performed under contract.
Supporters representing private providers and insurance advisers said…
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