Kansas Legislature rolls back some juvenile justice reforms in veto override
Sen. Joe Claeys, R-Wichita, sits in the Senate chamber on April 9, 2026. He argued that Kansas juvenile justice reforms weren't working. (Photo by Sherman Smith/Kansas Reflector)
TOPEKA — Kansas lawmakers voted to rescind some changes the state made in 2016 aimed at keeping kids out of the juvenile justice system.
Democratic Gov. Laura Kelly vetoed House Bill 2329, but the GOP-dominated chambers overrode her.
“The intent of the reforms in (2016) was to reduce the number of children in the ‘system’ by providing more effective diversion and treatment programs in the community,” Kelly wrote in a statement. “Overall, the reforms worked. But they also exposed some gaps in the system, primarily centered around appropriate placement for children whose behaviors made it hard to find suitable placement for them in the community.”
After the 2016 bill — Senate Bill 367 — passed, one of the state’s youth prisons closed. The youth prison population has dropped from 347 in 2010 to 110 in July 2025, according to corrections department data.
Lawmakers heard proponent and opponent testimony over two days in January, where foster care workers said the foster care system is being treated as a default placement for children who move between the juvenile justice and foster care systems.
Brenna Visocsky, an opponent of this session’s bill and the Just Campaign director for Kansas Appleseed, said the 2016 bill set the youth justice system up to focus on rehabilitation and restoration and to shift away from confinement.
She said major components of that bill were reducing the time a child could be in detention, getting rid of Kansas Department of Corrections-controlled group homes and implementing evidence-based community programming like mental health services.
“Keeping kids with family, in their communities, near their school, friends, work, et cetera, is impactful for these youth, and it makes a difference in their well-being and the effectiveness of interventions,” Visocsky said. “This is because these interactions with peers, and opportunities for controlled independent decision-making, help these young people to practice developing the skills that help navigate behaviors, build coping skills and positive relationships, and continue on the course for normal brain development.”
Rep. Tobias Schlingensiepen, a Democrat from Topeka, said the 2016 bill was incredibly effective — but some kids fell through the cracks.
“We heard a lot of testimony from social workers, case managers, case workers and other people who are telling these horror stories about youth that were attacking them in their offices, that were being put in child in need of care settings, foster settings and sexually abusing other kids,” Schlingensiepen told Kansas Reflector.
“Assuming the veracity of that, the question becomes ‘What is the solution?’ ” Schlingensiepen said.
HB 2329 attempts to answer that question.
Proponents and opponents of the bill agree the small percentage of kids causing harm need to be helped but disagree on the route to get there.
Some reversals
HB 2329 funds two places for kids to go: group homes — or, in legalese, “non-foster home beds in youth residential facilities” — and juvenile “stabilization” centers, renamed from juvenile crisis intervention centers.
Stephanie Springer, chairwoman of the Juvenile Justice Oversight Committee, told Kansas Reflector in a statement she’s not a fan of the group homes.
“This bill reintroduces those group homes with no change in guidelines, even less funding and no changes to the programming. JJOC is committed to data driven, evidence-based policies, and these group homes do not have any evidence of real success,” Springer said.
Springer referenced a Kansas Department of Corrections study done in 2015 that resulted in recommendations to stop using group homes.
“The concern is these group homes will not serve the appropriate youth as there is no guardrail in place for sending low-level misdemeanor youth deeper into the justice system, where other options might be more appropriate,” Springer said. “Sending low risk level youth deeper into the justice system creates more risk of recidivism and likely further criminal activity. There may be immediate results by placing more youth in custody, but evidence shows these youth are likely to get involved in more serious crime as time goes on.”
The bill also funnels money away from the evidence-based practice account — used to fund community programs such as functional family therapy and mental health services — to the tune of $4.5 million to create more beds in these group homes. Springer isn’t a fan of that, either.
Springer said Senate Bill 414 got bundled into HB 2329. SB 414 expands funding for juvenile stabilization centers — renamed from juvenile crisis intervention centers — which will also be funded by the evidence-based practice account.
The juvenile stabilization centers bring up mixed emotions for opponents of the bill. On one hand, they agree that the centers need to be funded, but they are concerned about where the funding comes from.
The stabilization centers will, in the language of the bill, provide “short-term observation, assessment, treatment and case planning, and referral for any juvenile who is experiencing a behavioral health crisis.”
Another part of the bill opponents disagree with is requiring judges to override the detention assessment tool, which helps them decide if a child should be held in custody, if they possessed or used a firearm during the offense or if they’re a repeat offender. The bill defines a repeat offender as a kid who commits an offense for the second time within three months.
This means children who used a firearm — regardless of whether they fired it — and repeat offenders will have to wait in a juvenile detention facility.
They also don’t agree with the expansion of the minimum and maximum sentences — increased from six to 18 months to 12 to 24 months — for a kid who used a firearm during an offense.
Visocsky from Kansas Appleseed said the bill “completely disregards many changes from 2016.”
“It reintroduces detention in some pretty concerning and harmful ways, by doubling the cumulative detention limit from 45 to 90 days, expanding the groups of children who can be placed in detention with the inclusion of moderate-risk youth,” Visocsky said.
“They aren’t wolves among sheep, or ‘super predators,’ ” Visocsky said. “They are children, and they are — nearly 10 times out of 10 — the kids who are the most vulnerable, who have experienced real hardship and trauma, and need the most support and care. A vital part of this is instilling hope that they can grow and have a bright future — that they are capable and worthy human beings. None of what HB 2329 offers is hopeful.”
The debate
Both the House and Senate passed HB 2329 after debate March 26. The votes were 89-32 in the House, and 27-12 in the Senate, both veto-proof majorities.
“What the whole goal of 2329 is is to get these kids placed, to get these kids treatment, services, before they continue to spiral down this path of justice involvement that is not going to be good for their future,” said Sen. Kellie Warren, a Leawood Republican, when she introduced the bill to the Senate.
Sen. Joe Claeys, a Wichita Republican, said that he respects the effort put into the 2016 changes, but 10 years later, it’s just not working.
“We’re putting offenders in foster homes and it’s burning out the foster care folks. Putting predators with the victims, creating even more mental health problems. Listen — if somebody in this body has a plan that’s a great plan, I’m all ears, let’s do it,” Claeys said. “Until then, we need to patch this problem that was created by this evidently landmark work that was done, but they missed something, and that’s that this isn’t working.”
He said foster care parents are leaving the system, and this bill may fix that.
Democrats pointed to study after study that indicated incarcerating kids longer doesn’t make them better.
“I just think it’s wrong to keep spending money incarcerating, as opposed to helping save the entire family,” said Sen. Oletha Faust-Goudeau, a Wichita Democrat.
Sen. Michael Murphy, a Republican from Sylvia, said one of his friend’s grandchildren was in and out of the juvenile justice system growing up. He’s an adult now, and recently got sentenced to 111 months.
“So perhaps maybe if he had felt a little pain for his behavior and had been put away he wouldn’t be going to prison now,” Murphy said.