0255 Claire and Lola's Law

Per Claire and Lola’s law enacted July 1, 2019, the department shall not initiate proceedings to remove a child from the home of the child’s parent or guardian (request PPC or an Order of Protective Custody) or initiate any child protection action (safety planning) or proceeding based solely upon the parent or guardian or the child’s lawful possession or use of cannabidiol treatment preparation (K.S.A. 65-6235 (c)).

A. Definitions per K.S.A. 65-6235(b):

1. Cannabidiol treatment preparation means an oil containing cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol)) and tetrahydrocannabinol, as described in K.S.A. 65-4105, and amendments thereto, and having a tetrahydrocannabinol concentration of no more than 5% relative to the cannabidiol concentration in the preparation, verified through testing by a third-party, independent laboratory.

2. Debilitating medical condition means a medically diagnosed chronic disease or medical condition causing a serious impairment of strength or ability to function, including one that produces seizures, for which the patient is under current and active treatment by a physician licensed to practice medicine and surgery in Kansas.

3. Tetrahydrocannabinol concentration means the combined percentage of tetrahydrocannabinol and its optical isomers, their salts and acids and salts of their acids, reported as free tetrahydrocannabinol on a percent by weight basis.

B. Verification

DCF or provider staff shall request the parent or guardian provide verification of lawful use of cannabidiol treatment preparation per the statute. K.S.A. 21-5706 (d)(3) requires the parent or guardian possess a letter, at all times while the person has possession of the cannabidiol treatment preparation. The letter shall be dated within the preceding 15 months which verifies the person is a patient who can use or possess cannabidiol treatment preparation. The letter shall be on the physician’s letterhead and signed by the physician who diagnosed the debilitating medical condition. Such physician shall be licensed to practice medicine and surgery in Kansas.

Upon verification of lawful cannabidiol treatment preparation DCF shall cease any initiation of proceedings to remove a child from the home of the child’s parent or guardian (request police protective custody or an order for protective custody). DCF and provider staff shall cease any child protection action (safety planning) or proceeding which is based solely on the cannabidiol treatment preparation. A request for an override of the initial assessment decision per PPM 1700 shall be made when determined the sole reason for DCF involvement is due to lawful cannabidiol treatment preparation and no additional abuse/neglect, FINA or PWS concerns are present.