Session of 2023
HOUSE BILL No. 2381
By Committee on Judiciary
2-9
AN ACT concerning children and minors; relating to the revised Kansas
code for care of children; requiring the court to appoint an attorney to
represent a child who is the subject of child in need of care
proceedings; making the guardian ad litem appointment optional;
granting such attorney access to all information and records necessary
for the representation of such child; amending K.S.A. 38-2202, 38-
2205, 38-2219, 38-2229, 38-2236, 38-2247, 38-2248, 38-2249, 38-
2258, 38-2260, 38-2268, 38-2275 and 38-2291 and K.S.A. 2022 Supp.
38-2211 and 38-2212 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 38-2202 is hereby amended to read as follows: 38-
2202. As used in the revised Kansas code for care of children, unless the
context otherwise indicates:
(a) "Abandon" or "abandonment" means to forsake, desert or, without
making appropriate provision for substitute care, cease providing care for
the child.
(b) "Adult correction facility" means any public or private facility,
secure or nonsecure, that is used for the lawful custody of accused or
convicted adult criminal offenders.
(c) "Aggravated circumstances" means the abandonment, torture,
chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
(d) "Child in need of care" means a person less than 18 years of age
at the time of filing of the petition or issuance of an ex parte protective
custody order pursuant to K.S.A. 38-2242, and amendments thereto, who:
(1) Is without adequate parental care, control or subsistence and the
condition is not due solely to the lack of financial means of the child's
parents or other custodian;
(2) is without the care or control necessary for the child's physical,
mental or emotional health;
(3) has been physically, mentally or emotionally abused or neglected
or sexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-3421 or 72-3120,
and amendments thereto;
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(7) except in the case of a violation of K.S.A. 41-727, K.S.A. 74-
8810(j), K.S.A. 79-3321(m) or (n), or K.S.A. 2022 Supp. 21-6301(a)(14),
and amendments thereto, or, except as provided in paragraph (12), does an
act which, when committed by a person under 18 years of age, is
prohibited by state law, city ordinance or county resolution, but which is
not prohibited when done by an adult;
(8) while less than 10 years of age, commits any act that if done by an
adult would constitute the commission of a felony or misdemeanor as
defined by K.S.A. 2022 Supp. 21-5102, and amendments thereto;
(9) is willfully and voluntarily absent from the child's home without
the consent of the child's parent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a
court ordered or designated placement, or a placement pursuant to court
order, if the absence is without the consent of the person with whom the
child is placed or, if the child is placed in a facility, without the consent of
the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another
person under 18 years of age, who has been physically, mentally or
emotionally abused or neglected, or sexually abused;
(12) while less than 10 years of age commits the offense defined in
K.S.A. 2022 Supp. 21-6301(a)(14), and amendments thereto;
(13) has had a permanent custodian appointed and the permanent
custodian is no longer able or willing to serve; or
(14) has been subjected to an act that would constitute human
trafficking or aggravated human trafficking, as defined by K.S.A. 2022
Supp. 21-5426, and amendments thereto, or commercial sexual
exploitation of a child, as defined by K.S.A. 2022 Supp. 21-6422, and
amendments thereto, or has committed an act which, if committed by an
adult, would constitute selling sexual relations, as defined by K.S.A. 2022
Supp. 21-6419, and amendments thereto.
(e) "Citizen review board" is a group of community volunteers
appointed by the court and whose duties are prescribed by K.S.A. 38-2207
and 38-2208, and amendments thereto.
(f) "Civil custody case" includes any case filed under chapter 23 of
the Kansas Statutes Annotated, and amendments thereto, the Kansas
family law code, article 11 of chapter 38 of the Kansas Statutes Annotated,
and amendments thereto, determination of parentage, article 21 of chapter
59 of the Kansas Statutes Annotated, and amendments thereto, adoption
and relinquishment act, or article 30 of chapter 59 of the Kansas Statutes
Annotated, and amendments thereto, guardians and conservators.
(g) "Court-appointed special advocate" means a responsible adult,
other than an appointed attorney or a guardian ad litem, who is appointed
by the court to represent the best interests of a child, as provided in K.S.A.
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38-2206, and amendments thereto, in a proceeding pursuant to this code.
(h) "Custody" whether temporary, protective or legal, means the
status created by court order or statute that vests in a custodian, whether an
individual or an agency, the right to physical possession of the child and
the right to determine placement of the child, subject to restrictions placed
by the court.
(i) "Extended out of home placement" means a child has been in the
custody of the secretary and placed with neither parent for 15 of the most
recent 22 months beginning 60 days after the date at which a child in the
custody of the secretary was removed from the child's home.
(j) "Educational institution" means all schools at the elementary and
secondary levels.
(k) "Educator" means any administrator, teacher or other professional
or paraprofessional employee of an educational institution who has
exposure to a pupil specified in K.S.A. 72-6143(a), and amendments
thereto.
(l) "Harm" means physical or psychological injury or damage.
(m) "Interested party" means the grandparent of the child, a person
with whom the child has been living for a significant period of time when
the child in need of care petition is filed, and any person made an
interested party by the court pursuant to K.S.A. 38-2241, and amendments
thereto, or Indian tribe seeking to intervene that is not a party.
(n) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an adult
jail or lockup, unless the facility meets all applicable standards and
licensure requirements under law and there is: (A) Total separation of the
juvenile and adult facility spatial areas such that there could be no
haphazard or accidental contact between juvenile and adult residents in the
respective facilities; (B) total separation in all juvenile and adult program
activities within the facilities, including recreation, education, counseling,
health care, dining, sleeping and general living activities; and (C) separate
juvenile and adult staff, including management, security staff and direct
care staff such as recreational, educational and counseling.
(o) "Juvenile detention facility" means any secure public or private
facility used for the lawful custody of accused or adjudicated juvenile
offenders that must not be a jail.
(p) "Juvenile intake and assessment worker" means a responsible
adult authorized to perform intake and assessment services as part of the
intake and assessment system established pursuant to K.S.A. 75-7023, and
amendments thereto.
(q) "Kinship care placement" means the placement of a child in the
home of an adult with whom the child or the child's parent already has
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close emotional ties.
(r) "Law enforcement officer" means any person who by virtue of
office or public employment is vested by law with a duty to maintain
public order or to make arrests for crimes, whether that duty extends to all
crimes or is limited to specific crimes.
(s) "Multidisciplinary team" means a group of persons, appointed by
the court under K.S.A. 38-2228, and amendments thereto, that has
knowledge of the circumstances of a child in need of care.
(t) "Neglect" means acts or omissions by a parent, guardian or person
responsible for the care of a child resulting in harm to a child, or
presenting a likelihood of harm, and the acts or omissions are not due
solely to the lack of financial means of the child's parents or other
custodian. Neglect may include, but shall not be limited to:
(1) Failure to provide the child with food, clothing or shelter
necessary to sustain the life or health of the child;
(2) failure to provide adequate supervision of a child or to remove a
child from a situation that requires judgment or actions beyond the child's
level of maturity, physical condition or mental abilities and that results in
bodily injury or a likelihood of harm to the child; or
(3) failure to use resources available to treat a diagnosed medical
condition if such treatment will make a child substantially more
comfortable, reduce pain and suffering, or correct or substantially diminish
a crippling condition from worsening. A parent legitimately practicing
religious beliefs who does not provide specified medical treatment for a
child because of religious beliefs shall, not for that reason, be considered a
negligent parent; however, this exception shall not preclude a court from
entering an order pursuant to K.S.A. 38-2217(a)(2), and amendments
thereto.
(u) "Parent" when used in relation to a child or children, includes a
guardian and every person who is by law liable to maintain, care for or
support the child.
(v) "Party" means the state, the petitioner, the child, any parent of the
child and an Indian child's tribe intervening pursuant to the Indian child
welfare act.
(w) "Permanency goal" means the outcome of the permanency
planning process, which may be reintegration, adoption, appointment of a
permanent custodian or another planned permanent living arrangement.
(x) "Permanent custodian" means a judicially approved permanent
guardian of a child pursuant to K.S.A. 38-2272, and amendments thereto.
(y) "Physical, mental or emotional abuse" means the infliction of
physical, mental or emotional harm or the causing of a deterioration of a
child and may include, but shall not be limited to, maltreatment or
exploiting a child to the extent that the child's health or emotional well-
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being is endangered.
(z) "Placement" means the designation by the individual or agency
having custody of where and with whom the child will live.
(aa) "Qualified residential treatment program" means a program
designated by the secretary for children and families as a qualified
residential treatment program pursuant to federal law.
(bb) "Reasonable and prudent parenting standard" means the standard
characterized by careful and sensible parental decisions that maintain the
health, safety and best interests of a child while at the same time
encouraging the emotional and developmental growth of the child, that a
caregiver shall use when determining whether to allow a child in foster
care under the responsibility of the state to participate in extracurricular,
enrichment, cultural and social activities.
(cc) "Relative" means a person related by blood, marriage or
adoption.
(dd) "Runaway" means a child who is willfully and voluntarily absent
from the child's home without the consent of the child's parent or other
custodian.
(ee) "Secretary" means the secretary for children and families or the
secretary's designee.
(ff) "Secure facility" means a facility, other than a staff secure facility
or juvenile detention facility, that is operated or structured so as to ensure
that all entrances and exits from the facility are under the exclusive control
of the staff of the facility, whether or not the person being detained has
freedom of movement within the perimeters of the facility, or that relies on
locked rooms and buildings, fences or physical restraint in order to control
behavior of its residents. No secure facility shall be in a city or county jail.
(gg) "Sexual abuse" means any contact or interaction with a child in
which the child is being used for the sexual stimulation of the perpetrator,
the child or another person. Sexual abuse shall include, but is not limited
to, allowing, permitting or encouraging a child to:
(1) Be photographed, filmed or depicted in pornographic material; or
(2) be subjected to aggravated human trafficking, as defined in
K.S.A. 2022 Supp. 21-5426(b), and amendments thereto, if committed in
whole or in part for the purpose of the sexual gratification of the offender
or another, or be subjected to an act that would constitute conduct
proscribed by article 55 of chapter 21 of the Kansas Statutes Annotated or
K.S.A. 2022 Supp. 21-6419 or 21-6422, and amendments thereto.
(hh) "Shelter facility" means any public or private facility or home,
other than a juvenile detention facility or staff secure facility, that may be
used in accordance with this code for the purpose of providing either
temporary placement for children in need of care prior to the issuance of a
dispositional order or longer term care under a dispositional order.
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(ii) "Staff secure facility" means a facility described in K.S.A. 65-
535, and amendments thereto: (1) That does not include construction
features designed to physically restrict the movements and activities of
juvenile residents who are placed therein; (2) that may establish reasonable
rules restricting entrance to and egress from the facility; and (3) in which
the movements and activities of individual juvenile residents may, for
treatment purposes, be restricted or subject to control through the use of
intensive staff supervision. No staff secure facility shall be in a city or
county jail.
(jj) "Transition plan" means, when used in relation to a youth in the
custody of the secretary, an individualized strategy for the provision of
medical, mental health, education, employment and housing supports as
needed for the adult and, if applicable, for any minor child of the adult, to
live independently and specifically provides for the supports and any
services for which an adult with a disability is eligible including, but not
limited to, funding for home and community based services waivers.
(kk) "Youth residential facility" means any home, foster home or
structure that provides 24-hour-a-day care for children and that is licensed
pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and
amendments thereto.
Sec. 2. K.S.A. 38-2205 is hereby amended to read as follows: 38-
2205. (a) Appointment of attorney for child. Upon the filing of a petition,
the court shall appoint an attorney to serve as counsel and represent a
child who is the subject of proceedings under this code. The attorney shall
consult with the child to direct such child's representation. If the child is
unable to direct representation, the attorney shall determine what the child
would decide if the child were capable of making an adequately
considered decision and represent the child in accordance with that
determination. The attorney shall take direction from the child as the child
develops the capacity to direct the attorney.
(b) Appointment of guardian ad litem and attorney for child; duties.
Upon the filing of a petition, or any time thereafter, the court shall may
appoint an attorney to serve as guardian ad litem for a child who is the
subject of proceedings under this code. If appointed, the guardian ad litem
shall make an independent investigation of the facts upon which the
petition is based and shall appear for and represent the best interests of the
child. When the child's position is not consistent with the determination of
the guardian ad litem as to the child's best interests, the guardian ad litem
shall inform the court of the disagreement. The guardian ad litem or the
child may request the court to appoint a second attorney to serve as
attorney for the child, and the court, on good cause shown, may appoint
such second attorney. The attorney for the child shall allow the child and
the guardian ad litem to communicate with one another but may require
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such communications to occur in the attorney's presence.
(b) Attorney for parent or custodian. A parent of a child alleged or
adjudged to be a child in need of care may be represented by an attorney,
in connection with all proceedings under this code. At the first hearing in
connection with proceedings under this code, the court shall distribute a
pamphlet, designed by the court, to the parents of a child alleged or
adjudged to be a child in need of care, to advise the parents of their rights
in connection with all proceedings under this code.
(1) If at any stage of the proceedings a parent desires but is
financially unable to employ an attorney, the court shall appoint an
attorney for the parent. It shall not be necessary to appoint an attorney to
represent a parent who fails or refuses to attend the hearing after having
been properly served with process in accordance with K.S.A. 38-2237, and
amendments thereto. A parent or custodian who is not a minor, a mentally
ill person or a disabled person may waive counsel either in writing or on
the record.
(2) The court shall appoint an attorney for a parent who is a minor, a
mentally ill person or a disabled person unless the court determines that
there is an attorney retained who will appear and represent the interests of
the person in the proceedings under this code.
(3) As used in this subsection: (A) "Mentally ill person" shall have
the meaning ascribed thereto means the same as defined in K.S.A. 59-
2946, and amendments thereto; and (B) "disabled person" shall have the
meaning ascribed thereto means the same as defined in K.S.A. 77-201, and
amendments thereto.
(c) Attorney for interested parties. A person who, pursuant to K.S.A.
38-2241, and amendments thereto, is an interested party in a proceeding
involving a child alleged to be a child in need of care may be represented
by an attorney in connection with all proceedings under this code. At the
first hearing in connection with proceedings under this code, the court
shall distribute a pamphlet, designed by the court, to interested parties in a
proceeding involving a child alleged or adjudged to be a child in need of
care, to advise interested parties of their rights in connection with all
proceedings under this code. It shall not be necessary to appoint an
attorney to represent an interested party who fails or refuses to attend the
hearing after having been properly served with process in accordance with
K.S.A. 38-2237, and amendments thereto. If at any stage of the
proceedings a person who is an interested party under subsection (d) of
K.S.A. 38-2241, and amendments thereto, desires but is financially unable
to employ an attorney, the court may appoint an attorney for the interested
party.
(d) Continuation of representation. An attorney appointed for a child,
a guardian ad litem appointed to represent the best interests of a child or a
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second attorney appointed for a child as provided in subsection (a), or an
attorney appointed for a parent or custodian shall continue to represent the
client at all subsequent hearings in proceedings under this code, including
any appellate proceedings, unless relieved by the court upon a showing of
good cause or upon transfer of venue.
(e) Fees for counsel. An Any attorney appointed pursuant to this
section shall be allowed a reasonable fee for services, which may be
assessed as an expense in the proceedings as provided in K.S.A. 38-2215,
and amendments thereto.
Sec. 3. K.S.A. 2022 Supp. 38-2211 is hereby amended to read as
follows: 38-2211. (a) Access to the official file. The following persons or
entities shall have access to the official file of a child in need of care
proceeding pursuant to this code:
(1) The court having jurisdiction over the proceedings, including the
presiding judge and any court personnel designated by the judge.
(2) The parties to the proceedings and their attorneys.
(3) The child's attorney.
(4) A guardian ad litem for a child who is the subject of the
proceeding.
(4)(5) A court appointed special advocate for a child who is the
subject of the proceeding or a paid staff member of a court appointed
special advocate program.
(5)(6) Any individual, or any public or private agency or institution,
having custody of the child under court order or providing educational,
medical or mental health services to the child or any placement provider or
potential placement provider as determined by the secretary or court
services officer.
(6)(7) A citizen review board.
(7)(8) The secretary of corrections or any agents designated by the
secretary of corrections.
(8)(9) Any county or district attorney from another jurisdiction with a
pending child in need of care matter regarding any of the same parties.
(9)(10) Any other person when authorized by a court order, subject to
any conditions imposed by the order.
(10)(11) The commission on judicial performance in the discharge of
the commission's duties pursuant to article 32 of chapter 20 of the Kansas
Statutes Annotated, and amendments thereto.
(11)(12) An investigating law enforcement agency.
(b) Access to the social file. The following persons or entities shall
have access to the social file of a child in need of care proceeding pursuant
to this code:
(1) The court having jurisdiction over the proceeding, including the
presiding judge and any court personnel designated by the judge.
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(2) The attorney for a party to the proceeding or the person or persons
designated by an Indian tribe that is a party.
(3) The child's attorney.
(4) A guardian ad litem for a child who is the subject of the
proceeding.
(4)(5) A court appointed special advocate for a child who is the
subject of the proceeding or a paid staff member of a court appointed
special advocate program.
(5)(6) A citizen review board.
(6)(7) The secretary.
(7)(8) The secretary of corrections or any agents designated by the
secretary of corrections.
(8)(9) Any county or district attorney from another jurisdiction with a
pending child in need of care matter regarding any of the same parties or
interested parties.
(9)(10) Any other person when authorized by a court order, subject to
any conditions imposed by the order.
(10)(11) An investigating law enforcement agency.
(c) Preservation of records. The Kansas state historical society shall
be allowed to take possession for preservation in the state archives of any
court records related to proceedings under the Kansas code for care of
children whenever such records otherwise would be destroyed. No such
records in the custody of the Kansas state historical society shall be
disclosed directly or indirectly to anyone for 70 years after creation of the
records, except as provided in subsections (a) and (b). Pursuant to
subsections (a)(9) and (b)(9), a judge of the district court may allow
inspection for research purposes of any court records in the custody of the
Kansas state historical society related to proceedings under the Kansas
code for care of children.
Sec. 4. K.S.A. 2022 Supp. 38-2212 is hereby amended to read as
follows: 38-2212. (a) Principle of appropriate access. Information
contained in confidential agency records concerning a child alleged or
adjudicated to be in need of care may be disclosed as provided in this
section and shall be disclosed as provided in subsection (e). Disclosure
shall in all cases be guided by the principle of providing access only to
persons or entities with a need for information that is directly related to
achieving the purposes of this code.
(b) Free exchange of information. Pursuant to K.S.A. 38-2210, and
amendments thereto, the secretary and juvenile intake and assessment
agencies shall participate in the free exchange of information concerning a
child who is alleged or adjudicated to be in need of care.
(c) Necessary access. The following persons or entities shall have
access to information from agency records. Access shall be limited to
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information reasonably necessary to carry out their lawful responsibilities,
to maintain their personal safety and the personal safety of individuals in
their care, or to educate, diagnose, treat, care for or protect a child alleged
to be in need of care. Information authorized to be disclosed pursuant to
this subsection shall not contain information that identifies a reporter of a
child who is alleged or adjudicated to be a child in need of care.
(1) A child named in the report or records,.
(2) The child's attorney.
(3) A guardian ad litem appointed for the a child and the child's
attorney.
(2)(4) A parent or other person responsible for the welfare of a child,
or such person's legal representative.
(3)(5) A court-appointed special advocate for a child, a citizen review
board or other advocate that reports to the court.
(4)(6) A person licensed to practice the healing arts or mental health
profession in order to diagnose, care for, treat or supervise:
(A) A child whom such service provider reasonably suspects may be
in need of care;
(B) a member of the child's family; or
(C) a person who allegedly abused or neglected the child.
(5)(7) A person or entity licensed or registered by the secretary of
health and environment or approved by the secretary for children and
families to care for, treat or supervise a child in need of care.
(6)(8) A coroner or medical examiner when such person is
determining the cause of death of a child.
(7)(9) The state child death review board established under K.S.A.
22a-243, and amendments thereto.
(8)(10) An attorney for a private party who files a petition pursuant to
K.S.A. 38-2233(b), and amendments thereto.
(9)(11) A foster parent, prospective foster parent, permanent
custodian, prospective permanent custodian, adoptive parent or
prospective adoptive parent. In order to assist such persons in making an
informed decision regarding acceptance of a particular child, to help the
family anticipate problems that may occur during the child's placement,
and to help the family meet the needs of the child in a constructive manner,
the secretary shall seek and shall provide the following information to such
persons as the information becomes available to the secretary:
(A) Strengths, needs and general behavior of the child;
(B) circumstances that necessitated placement;
(C) information about the child's family and the child's relationship to
the family that may affect the placement;
(D) important life experiences and relationships that may affect the
child's feelings, behavior, attitudes or adjustment;
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(E) medical history of the child, including third-party coverage that
may be available to the child; and
(F) education history, to include present grade placement, special
strengths and weaknesses.
(10)(12) The state protection and advocacy agency as provided by
K.S.A. 65-5603(a)(10) or K.S.A. 74-5515(a)(2)(A) and (B), and
amendments thereto.
(11)(13) Any educational institution to the extent necessary to enable
the educational institution to provide the safest possible environment for
its pupils and employees.
(12)(14) Any educator to the extent necessary to enable the educator
to protect the personal safety of the educator and the educator's pupils.
(13)(15) Any other federal, state or local government executive
branch entity or any agent of such entity, having a need for such
information in order to carry out such entity's responsibilities under the
law to protect children from abuse and neglect.
(d) Specified access. The following persons or entities shall have
access to information contained in agency records as specified.
Information authorized to be disclosed pursuant to this subsection shall not
contain information that identifies a reporter of a child who is alleged or
adjudicated to be a child in need of care.
(1) Information from confidential agency records of the Kansas
department for children and families, a law enforcement agency or any
juvenile intake and assessment worker of a child alleged or adjudicated to
be in need of care shall be available to members of the standing house or
senate committee on judiciary, house committee on corrections and
juvenile justice, house committee on appropriations, senate committee on
ways and means, legislative post audit committee and any joint committee
with authority to consider children's and families' issues, when carrying
out such member's or committee's official functions in accordance with
K.S.A. 75-4319, and amendments thereto, in a closed or executive
meeting. Except in limited conditions established by
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such committee, records and reports received by the committee shall not
be further disclosed. Unauthorized disclosure may subject such member to
discipline or censure from the house of representatives or senate. The
secretary for children and families shall not summarize the outcome of
department actions regarding a child alleged to be a child in need of care
in information available to members of such committees.
(2) The secretary for children and families may summarize the
outcome of department actions regarding a child alleged to be a child in
need of care to a person having made such report.
(3) Information from confidential reports or records of a child alleged
or adjudicated to be a child in need of care may be disclosed to the public
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when:
(A) The individuals involved or their representatives have given
express written consent; or
(B) the investigation of the abuse or neglect of the child or the filing
of a petition alleging a child to be in need of care has become public
knowledge, provided, however, that the agency shall limit disclosure to
confirmation of procedural details relating to the handling of the case by
professionals.
(e) Law enforcement access. The secretary shall disclose confidential
agency records of a child alleged or adjudicated to be a child in need of
care, as described in K.S.A. 38-2209, and amendments thereto, to the law
enforcement agency investigating the alleged or substantiated report or
investigation of abuse or neglect, regardless of the disposition of such
report or investigation. Such records shall include, but not be limited to,
any information regarding such report or investigation, records of past
reports or investigations concerning such child and such child's siblings
and the perpetrator or alleged perpetrator and the name and contact
information of the reporter or persons alleging abuse or neglect and case
managers, investigators or contracting agency employees assigned to or
investigating such report. Such records shall only be used for the purposes
of investigating the alleged or substantiated report or investigation of
abuse or neglect.
(f) Court order. Notwithstanding the provisions of this section, a
court of competent jurisdiction, after in camera inspection, may order
disclosure of confidential agency records pursuant to a determination that
the disclosure is in the best interests of the child who is the subject of the
reports or that the records are necessary for the proceedings of the court.
The court shall specify the terms of disclosure and impose appropriate
limitations.
(g) (1) Notwithstanding any other provision of law to the contrary,
except as provided in paragraph (6), in the event that child abuse or
neglect results in a child fatality or near fatality, reports or records of a
child alleged or adjudicated to be in need of care received by the secretary,
a law enforcement agency or any juvenile intake and assessment worker
shall become a public record and subject to disclosure pursuant to K.S.A.
45-215, and amendments thereto.
(2) Within seven days of receipt of a request in accordance with the
procedures adopted under K.S.A. 45-220, and amendments thereto, the
secretary shall notify any affected individual that an open records request
has been made concerning such records. The secretary or any affected
individual may file a motion requesting the court to prevent disclosure of
such record or report, or any select portion thereof. Notice of the filing of
such motion shall be provided to all parties requesting the records or
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reports, and such party or parties shall have a right to hearing, upon
request, prior to the entry of any order on such motion. If the affected
individual does not file such motion within seven days of notification, and
the secretary has not filed a motion, the secretary shall release the reports
or records. If such motion is filed, the court shall consider the effect such
disclosure may have upon an ongoing criminal investigation, a pending
prosecution, or the privacy of the child, if living, or the child's siblings,
parents or guardians, and the public's interest in the disclosure of such
records or reports. The court shall make written findings on the record
justifying the closing of the records and shall provide a copy of the journal
entry to the affected parties and the individual requesting disclosure
pursuant to the Kansas open records act, K.S.A. 45-215 et seq., and
amendments thereto.
(3) Notwithstanding the provisions of paragraph (2), in the event that
child abuse or neglect results in a child fatality, the secretary shall release
the following information in response to an open records request made
pursuant to the Kansas open records act, within seven business days of
receipt of such request, as allowed by applicable law:
(A) Age and sex of the child;
(B) date of the fatality;
(C) a summary of any previous reports of abuse or neglect received
by the secretary involving the child, along with the findings of such
reports; and
(D) any department recommended services provided to the child.
(4) Notwithstanding the provisions of paragraph (2), in the event that
a child fatality occurs while such child was in the custody of the secretary
for children and families, the secretary shall release the following
information in response to an open records request made pursuant to the
Kansas open records act, within seven business days of receipt of such
request, as allowed by applicable law:
(A) Age and sex of the child;
(B) date of the fatality; and
(C) a summary of the facts surrounding the death of the child.
(5) For reports or records requested pursuant to this subsection, the
time limitations specified in this subsection shall control to the extent of
any inconsistency between this subsection and K.S.A. 45-218, and
amendments thereto. As used in this section, "near fatality" means an act
that, as certified by a person licensed to practice medicine and surgery,
places the child in serious or critical condition.
(6) Nothing in this subsection shall allow the disclosure of reports,
records or documents concerning the child and such child's biological
parents that were created prior to such child's adoption. Nothing herein is
intended to require that an otherwise privileged communication lose its
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privileged character.
Sec. 5. K.S.A. 38-2219 is hereby amended to read as follows: 38-
2219. (a) Of the child. (1) Psychological or emotional. During proceedings
under this code, the court, on its own motion or the motion of the child's
attorney, the guardian ad litem for the child, a party or interested party,
may order an evaluation and written report of the psychological or
emotional development or needs of a child who is the subject of the
proceedings. The court may refer the child to a state institution for the
evaluation if the secretary advises the court that the facility is a suitable
place to care for, treat or evaluate the child and that space is available. The
expenses of transportation to and from the state facility may be paid as a
part of the expenses of temporary care and custody. The child may be
referred to a mental health center or qualified professional for evaluation
and the expenses of the evaluation may be considered as expenses of the
proceedings and assessed as provided in this code. If the court orders an
evaluation as provided in this section, a parent of the child shall have the
right to obtain an independent evaluation at the expense of the parent.
(2) Medical. During proceedings under this code, the court may order
an examination and report of the medical condition and needs of a child
who is the subject of the proceedings. The court may also order a report
from any physician who has been attending the child stating the diagnosis,
condition and treatment afforded the child.
(3) Educational. During proceedings under this code, the court may
order the chief administrative officer of the school which the child attends
or attended to provide to the court information that is readily available
which the school officials believe would properly indicate the educational
needs of the child. The order may direct that the school conduct an
educational needs assessment of the child and send a report of the
assessment to the court. The educational needs assessment may include a
meeting involving any of the following: The child's parents; the child's
teachers; the school psychologist; a school special services representative;
a representative of the secretary; the child's court-appointed special
advocate; the child's foster parents, legal guardian and permanent
custodian; a court services officer; and other persons that the chief
administrative officer of the school or the officer's designee considers
appropriate.
(b) Physical, psychological or emotional status of parent or
custodian. During proceedings under this code, the court may order:
(1) An examination, evaluation and report of the physical, mental or
emotional status or needs of a parent, a person residing with a parent or
any person being considered as one to whom the court may grant custody;
and
(2) written reports from any qualified person concerning the
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parenting skills or ability to provide for the physical, mental or emotional
needs and future development of a child by a parent or any person being
considered as one to whom the court may grant custody.
(c) Confidentiality of reports. (1) Reports of court ordered
examination or evaluation. No confidential relationship of physician and
patient, psychologist and client or social worker and client shall arise from
an examination or evaluation ordered by the court.
(2) Report from private physician, psychologist or therapist. When
any interested party or party to proceedings under this code wishes the
court to have the benefit of information or opinion from a physician,
psychologist, registered marriage and family therapist or social worker
with whom there is a confidential relationship, the party or interested party
may waive the confidential relationship but restrict the information to be
furnished or testimony to be given to those matters material to the issues
before the court. If requested, the court may make an in camera
examination of the proposed witness or the file of the proposed witness
and excise any matters that are not material to the issues before the court.
(d) Reports prepared by a court-appointed special advocate or by the
secretary. All reports prepared by a court-appointed special advocate or by
the secretary shall be filed with the court and shall be made available as
provided in subsection (e).
(e) Availability of reports. (1) All reports provided for in this section
shall be filed with the court and shall be made available to counsel for any
party or interested party prior to any scheduled hearing on any matter
addressed by the report. If any party or interested party is not represented
by counsel, the report shall be made available to that party.
(2) All reports provided for in this section may be read by the court at
any stage of a proceeding under this code, but no fact or conclusion
derived from a report shall be used as the basis for an order of the court
unless the information has been admitted into evidence following an
opportunity for any party or interested party to examine, under oath, the
person who prepared the report. If the court is in possession of a report that
has not been offered into evidence, the court shall inquire whether there is
an objection to admitting the report into evidence. If there is no objection,
the court may admit the report into evidence.
Sec. 6. K.S.A. 38-2229 is hereby amended to read as follows: 38-
2229. (a) The secretary, a law enforcement officer, or a multidisciplinary
team appointed pursuant to K.S.A. 38-2228, and amendments thereto, may
request disclosure of documents, reports or information in regard to a
child, who is the subject of a report of abuse or neglect, by making a
written verified application to the district court. Upon a finding by the
court that there is probable cause to believe the information sought will
assist in the investigation of a report of child abuse or neglect, the court
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may issue a subpoena, subpoena duces tecum or an order for the
production of the requested documents, reports or information and
directing the documents, reports or information to be delivered to the
applicant at a specific time, date and place.
(b) The time and date of delivery shall not be sooner than five days
after the service of the subpoena or order, excluding Saturdays, Sundays,
holidays, and days on which the office of the clerk of the court is not
accessible. The court issuing the subpoena or order shall keep all
applications filed pursuant to this subsection and a copy of the subpoena or
order in a special file maintained for that purpose. Upon receiving service
of a subpoena, subpoena duces tecum or an order for production pursuant
to this section, the person or agency served shall give oral or written notice
of service to any person known to have a right to assert a privilege or
assert a right of confidentiality in regard to the documents, reports or
information sought at least seven days before the date of delivery.
(c) Any parent, child, child's attorney, guardian ad litem, person or
entity subpoenaed or subject to an order of production or person or entity
who claims a privilege or right of confidentiality may request in writing
that the court issuing the subpoena or order of production quash the
subpoena, subpoena duces tecum or order for production issued pursuant
to this section. The request shall automatically stay the operation of the
subpoena, subpoena duces tecum or order for production and the
documents, reports or information requested shall not be delivered until
the issuing court has held a hearing to determine if the documents, reports
or information are subject to the claimed privilege or right of
confidentiality, and whether it is in the best interests of the child for the
subpoena or order to produce to be honored. The request to quash shall be
filed with the district court issuing the subpoena or order at least 24 hours
prior to the specified time and date of delivery, excluding Saturdays,
Sundays, holidays, or days on which the office of the clerk of the court is
not accessible, and a copy of the written request must be given to the
person subpoenaed or subject to the order for production at least 24 hours
prior to the specified time and date of delivery.
Sec. 7. K.S.A. 38-2236 is hereby amended to read as follows: 38-
2236. (a) Persons to be served. The summons and a copy of the petition
shall be served on:
(1) The child alleged to be a child in need of care by serving the
child's attorney;
(2) the guardian ad litem, if appointed for the child;
(2)(3) the parents or parent having legal custody or who may be
ordered to pay child support by the court;
(3)(4) the person with whom the child is residing; and
(4)(5) any other person designated by the county or district attorney.
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(b) A copy of the petition and notice of hearing shall be mailed by
first class first-class mail to the child's grandparents with whom the child
does not reside.
Sec. 8. K.S.A. 38-2247 is hereby amended to read as follows: 38-
2247. (a) Adjudication. Proceedings prior to and including adjudication
under this code shall be open to attendance by any person unless the court
determines that closed proceedings or the exclusion of that person would
be in the best interests of the child or is necessary to protect the privacy
rights of the parents.
(1) The court may not exclude the child's attorney, a guardian ad
litem, parties and interested parties.
(2) Members of the news media shall comply with supreme court rule
1001.
(b) Disposition. Proceedings pertaining to the disposition of a child
adjudicated to be in need of care shall be closed to all persons except the
parties, the child's attorney, the guardian ad litem, interested parties and
their attorneys, officers of the court, a court appointed special advocate
and the custodian.
(1) Other persons may be permitted to attend with the consent of the
parties or by order of the court, if the court determines that it would be in
the best interests of the child or the conduct of the proceedings, subject to
such limitations as the court determines to be appropriate.
(2) The court may exclude any person if the court determines that
such person's exclusion would be in the best interests of the child or the
conduct of the proceedings.
(c) Notwithstanding subsections (a) and (b) of this section, the court
shall permit the attendance at the proceedings of up to two people
designated by the parent of the child, both of whom have participated in a
parent ally orientation program approved by the judicial administrator.
(1) Such parent ally orientation program shall include, but not be
limited to, information concerning the confidentiality of the proceedings;
the child and parent's right to counsel; the definitions and jurisdiction
pursuant to the Kansas code for care of children; the types and purposes of
the hearings; options for informal supervision and dispositions; placement
options; the parents' obligation to financially support the child while the
child is in the state's custody; obligations of the secretary for children and
families; obligations of entities that contract with the Kansas department
for children and families for family preservation, foster care and adoption;
the termination of parental rights; the procedures for appeals; and the basic
rules regarding court procedure.
(2) The court may remove the parent's ally or allies from a
proceeding if such ally becomes disruptive in the present proceeding or
has been found disruptive in a prior proceeding.
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(d) Preservation of confidentiality. If information required to be kept
confidential by K.S.A. 38-2209, and amendments thereto, is to be
introduced into evidence and there are persons in attendance who are not
authorized to receive the information, the court may exclude those persons
during the presentation of the evidence or conduct an in camera inspection
of the evidence.
Sec. 9. K.S.A. 38-2248 is hereby amended to read as follows: 38-
2248. (a) In any proceedings under this code, parents, persons with whom
the child has been residing pursuant to subsection (d) of K.S.A. 38-
2241(d), and amendments thereto, the child's attorneys and guardians ad
litem may stipulate or enter no contest statements to all or part of the
allegations in the petition.
(b) Prior to the acceptance of any stipulation or no contest statement,
other than to names, ages, parentage or other preliminary matters, the court
shall ask each of the persons listed in subsection (a) the following
questions:
(1) Do you understand that you have a right to a hearing on the
allegations contained in the petition?
(2) Do you understand that you may be represented by an attorney
and, if you are a parent and financially unable to employ an attorney, the
court will appoint an attorney for you, if you so request?
(3) One of the following: (A) Do you understand that a stipulation is
an admission that the statements in the petition are true or (B) Do you
understand that a no contest statement neither admits nor denies the
statement in the petition but allows the court to find that the statements in
the petition are true?
(4) Do you understand that, if the court accepts your stipulation or no
contest statement, you will not be able to appeal that finding, the court
may find the child to be a child in need of care and the court will then
make further orders as to the care, custody and supervision of the child?
(5) Do you understand that, if the court finds the child to be a child in
need of care, the court is not bound by any agreement or recommendation
of the parties as to disposition and placement of the child?
(c) Before accepting a stipulation the court shall find that there is a
factual basis for the stipulation.
(d) Before an adjudication based on a no contest statement, the court
shall find from a proffer of evidence that there is a factual basis.
(e) In proceedings other than termination of parental rights
proceedings under this code if all persons listed in subsection (a) do not
stipulate or enter no contest statements, the court shall hear evidence as to
those persons, if they are present. The case may proceed by proffer as to
persons not present, unless they appear by counsel and have instructed
counsel to object.
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(f) In evidentiary hearings for termination of parental rights under this
code, the case may proceed by proffer as to parties not present, unless they
appear by counsel and have instructed counsel to object.
Sec. 10. K.S.A. 38-2249 is hereby amended to read as follows: 38-
2249. (a) In all proceedings under this code, the rules of evidence of the
code of civil procedure shall apply, except that no evidence relating to the
condition of a child shall be excluded solely on the ground that the matter
is or may be the subject of a physician-patient privilege, psychologist-
client privilege or social worker-client privilege.
(b) (1) The judge presiding at all hearings under this code shall not
consider or rely upon any report not properly admitted according to the
rules of evidence, except as provided by K.S.A. 38-2219, and amendments
thereto.
(2) In all proceedings under this code, a report concerning the results
and analysis of a court-ordered test of a person's blood, breath, urine or
other bodily substance to determine the presence of alcohol or drugs shall
be admissible in evidence if the report is prepared and attested to by the
person conducting the test or an authorized employee of the facility that
conducted the test. Such person shall prepare a certificate that includes an
attestation as to the result and analysis of the test and sign the certificate
under oath. Nothing in this section shall prevent a party from calling such
person as a witness.
(c) In any proceeding in which a child less than 13 years of age is
alleged to have been physically, mentally or emotionally abused or
neglected or sexually abused, a recording of an oral statement of the child,
or of any witness less than 13 years of age, made before the proceeding
began, is admissible in evidence if:
(1) The court determines that the time, content and circumstances of
the statement provide sufficient indicia of reliability;
(2) no attorney for any party or interested party is present when the
statement is made;
(3) the recording is both visual and aural and is recorded on film,
videotape or by other electronic means;
(4) the recording equipment is capable of making an accurate
recording, the operator of the equipment is competent and the recording is
accurate and has not been altered;
(5) the statement is not made in response to questioning calculated to
lead the child to make a particular statement or is clearly shown to be the
child's statement and not made solely as a result of a leading or suggestive
question;
(6) every voice on the recording is identified;
(7) the person conducting the interview of the child in the recording is
present at the proceeding and is available to testify or be cross-examined
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by any party or interested party; and
(8) each party or interested party to the proceeding is afforded an
opportunity to view the recording before it is offered into evidence.
(d) On motion of any party to a proceeding pursuant to the code in
which a child less than 13 years of age is alleged to have been physically,
mentally or emotionally abused or neglected or sexually abused, the court
may order that the testimony of the child, or of any witness less than 13
years of age, be taken:
(1) In a room other than the courtroom and be televised by closed-
circuit equipment in the courtroom to be viewed by the court and the
parties and interested parties to the proceeding; or
(2) outside the courtroom and be recorded for showing in the
courtroom before the court and the parties and interested parties to the
proceeding if:
(A) The recording is both visual and aural and is recorded on film,
videotape or by other electronic means;
(B) the recording equipment is capable of making an accurate
recording, the operator of the equipment is competent and the recording is
accurate and has not been altered;
(C) every voice on the recording is identified; and
(D) each party and interested party to the proceeding is afforded an
opportunity to view the recording before it is shown in the courtroom.
(e) At the taking of testimony under subsection (d):
(1) Only an attorney for each party, interested party, the child's
attorney, the guardian ad litem for the child or other person whose
presence would contribute to the welfare and well-being of the child and
persons necessary to operate the recording or closed-circuit equipment
may be present in the room with the child during the child's testimony;
(2) only the attorneys for the parties or the child's attorney may
question the child; and
(3) the persons operating the recording or closed-circuit equipment
shall be confined to an adjacent room or behind a screen or mirror that
permits such person to see and hear the child during the child's testimony,
but does not permit the child to see or hear such person.
(f) If the testimony of a child is taken as provided by subsection (d),
the child shall not be compelled to testify in court during the proceeding.
(g) (1) Any objection to a recording under subsection (d)(2) that such
proceeding is inadmissible must be made by written motion filed with the
court at least seven days before the commencement of the adjudicatory
hearing. An objection under this subsection shall specify the portion of the
recording which is objectionable and the reasons for the objection. Failure
to file an objection within the time provided by this subsection shall
constitute waiver of the right to object to the admissibility of the recording
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unless the court, in its discretion, determines otherwise.
(2) The provisions of this subsection shall not apply to any objection
to admissibility for the reason that the recording has been materially
altered.
Sec. 11. K.S.A. 38-2258 is hereby amended to read as follows: 38-
2258. (a) Except as provided in K.S.A. 38-2255(d)(2) and 38-2259, and
amendments thereto, if a child has been in the same foster home or shelter
facility for six months or longer, or has been placed by the secretary in the
home of a parent or relative, the secretary shall give written notice of any
plan to move the child to a different placement unless the move is to the
selected preadoptive family for the purpose of facilitating adoption. The
notice shall be given to: (1) The court having jurisdiction over the child;
(2) the petitioner; (3) the attorney for the parents, if any; (4) each parent
whose address is available; (5) the foster parent or custodian from whose
home or shelter facility it is proposed to remove the child; (6) the child, if
12 or more years of age; (7) the child's attorney; (8) the child's guardian ad
litem, if appointed by the court; (8) (9) any other party or interested party;
and (9) (10) the child's court appointed special advocate.
(b) The notice shall state the placement to which the secretary plans
to transfer the child and the reason for the proposed action. The notice
shall be mailed by first class mail 30 days in advance of the planned
transfer, except that the secretary shall not be required to wait 30 days to
transfer the child if all persons enumerated in subsection (a)(2) through (8)
consent in writing to the transfer.
(c) Within 14 days after receipt of the notice, any person enumerated
in subsection (a)(2) through (8) (9) receiving notice as provided above
may request, either orally or in writing, that the court conduct a hearing to
determine whether or not the change in placement is in the best interests of
the child concerned. When the request has been received, the court shall
schedule a hearing and immediately notify the secretary of the request and
the time and date the matter will be heard. The court shall give notice of
the hearing to persons enumerated in subsection (a)(2) through (9) (10). If
the court does not receive a request for hearing within the specified time,
the change in placement may occur prior to the expiration of the 30 days.
The secretary shall not change the placement of the child, except for the
purpose of adoption, unless the change is approved by the court.
(d) When, after the notice set out above, a child in the custody of the
secretary is removed from the home of a parent after having been placed in
the home of a parent for a period of six months or longer, the secretary
shall request a finding that: (1) (A) The child is likely to sustain harm if
not immediately removed from the home;
(B) allowing the child to remain in home is contrary to the welfare of
the child; or
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(C) immediate placement of the child is in the best interest of the
child; and
(2) reasonable efforts have been made to maintain the family unit and
prevent the unnecessary removal of the child from the child's home or that
an emergency exists which threatens the safety to the child.
(e) The secretary shall present to the court in writing the efforts to
maintain the family unit and prevent the unnecessary removal of the child
from the child's home. In making the findings, the court may rely on
documentation submitted by the secretary or may set the date for a hearing
on the matter. If the secretary requests such finding, the court, not more
than 45 days from the date of the request, shall provide the secretary with a
written copy of the findings by the court for the purpose of documenting
these orders.
Sec. 12. K.S.A. 38-2260 is hereby amended to read as follows: 38-
2260. (a) Valid court order. During proceedings under this code, the court
may enter an order directing a child who is the subject of the proceedings
to remain in a present or future placement if:
(1) The child, the child's attorney and, if appointed, the child's
guardian ad litem are present in court when the order is entered;
(2) the court finds that the child has been adjudicated a child in need
of care pursuant to K.S.A. 38-2202(d)(6), (d)(7), (d)(8), (d)(9), (d)(10) or
(d)(12), and amendments thereto, and that the child is not likely to be
available within the jurisdiction of the court for future proceedings;
(3) the child, the child's attorney and, if appointed, the child's
guardian ad litem receive oral and written notice of the consequences of
violation of the order; and
(4) a copy of the written notice is filed in the official case file.
(b) Application. Any person may file a verified application for
determination that a child has violated an order entered pursuant to
subsection (a) and for an order authorizing holding the child in a secure
facility. The application shall state the applicant's belief that the child has
violated the order entered pursuant to subsection (a) without good cause
and the specific facts supporting the allegation.
(c) Ex parte order. After reviewing the application filed pursuant to
subsection (b), the court may enter an ex parte order directing that the
child be taken into custody and held in a secure facility designated by the
court, if the court finds probable cause that the child violated the court's
order to remain in placement without good cause. Pursuant to K.S.A. 38-
2237, and amendments thereto, the order shall be served on the child's
parents, the child's legal custodian, the child's attorney and, if appointed,
the child's guardian ad litem.
(d) Preliminary hearing. Within 24 hours following a child's being
taken into custody pursuant to an order issued under subsection (c), the
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court shall hold a preliminary hearing to determine whether the child
admits or denies the allegations of the application and, if the child denies
the allegations, to determine whether probable cause exists to support the
allegations.
(1) Notice of the time and place of the preliminary hearing shall be
given orally or in writing to the child's parents, the child's legal custodian
and the child's guardian ad litem.
(2) At the hearing, the child shall have the right to a guardian ad litem
an appointed attorney and shall be served with a copy of the application.
(3) If the child admits the allegations or enters a no contest statement
and if the court finds that the admission or no contest statement is
knowledgeable and voluntary, the court shall proceed without delay to the
placement hearing pursuant to subsection (f).
(4) If the child denies the allegations, the court shall determine
whether probable cause exists to hold the child in a secure facility pending
an evidentiary hearing pursuant to subsection (e). After hearing the
evidence, if the court finds that: (A) There is probable cause to believe that
the child has violated an order entered pursuant to subsection (a) without
good cause; and (B) placement in a secure facility is necessary for the
protection of the child or to assure the presence of the child at the
evidentiary hearing pursuant to subsection (e), the court may order the
child held in a secure facility pending the evidentiary hearing.
(e) Evidentiary hearing. The court shall hold an evidentiary hearing
on an application within 72 hours of the child's being taken into custody.
Notice of the time and place of the hearing shall be given orally or in
writing to the child's parents, the child's legal custodian, the child's
attorney and, if appointed, the child's guardian ad litem. At the evidentiary
hearing, the court shall determine by a clear and convincing evidence
whether the child has:
(1) Violated a court order entered pursuant to subsection (a) without
good cause;
(2) been provided at the hearing with the rights enumerated in
subsection (d)(2); and
(3) been informed of:
(A) The nature and consequences of the proceeding;
(B) the right to confront and cross-examine witnesses and present
evidence;
(C) the right to have a transcript or recording of the proceedings; and
(D) the right to appeal.
(f) Placement. (1) If the child admits violating the order entered
pursuant to subsection (a) or if, after an evidentiary hearing, the court finds
that the child has violated such an order, the court shall immediately
proceed to a placement hearing. The court may enter an order awarding
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custody of the child to:
(A) A parent or other legal custodian;
(B) a person other than a parent or other person having custody, who
shall not be required to be licensed under article 5 of chapter 65 of the
Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility; or
(D) the secretary, if the secretary does not already have legal custody
of the child.
(2) The court may authorize the custodian to place the child in a
secure facility, if the court determines that all other placement options have
been exhausted or are inappropriate, based upon a written report submitted
by the secretary, if the child is in the secretary's custody, or submitted by a
public agency independent of the court and law enforcement, if the child is
in the custody of someone other than the secretary. The report shall detail
the behavior of the child and the circumstances under which the child was
brought before the court and made subject to the order entered pursuant to
subsection (a).
(3) The authorization to place the child in a secure facility pursuant to
this subsection shall expire 60 days, inclusive of weekend and legal
holidays, after its issue. The court may grant extensions of such
authorization for two additional periods, each not to exceed 60 days, upon
rehearing pursuant to K.S.A. 38-2256, and amendments thereto.
(g) Payment. The secretary shall only pay for placement and services
for a child placed in a secure facility pursuant to subsection (f) upon
receipt of a valid court order authorizing secure care placement.
(h) Limitations on facilities used. Nothing in this section shall
authorize placement of a child in an adult jail or lockup.
(i) Time limits, computation. Except as otherwise specifically
provided by subsection (f), Saturdays, Sundays, legal holidays, and days
on which the office of the clerk of the court is not accessible shall not be
counted in computing any time limit imposed by this section.
Sec. 13. K.S.A. 38-2268 is hereby amended to read as follows: 38-
2268. (a) Prior to a hearing to consider the termination of parental rights, if
the child's permanency plan is either adoption or appointment of a
custodian, with the approval of the child's attorney and, if appointed, the
child's guardian ad litem and acceptance and approval of the secretary,
either or both parents may: (1) Relinquish parental rights to the child to the
secretary; (2) consent to an adoption; or (3) consent to appointment of a
permanent custodian.
(b) Relinquishment of child to secretary. (1) Any parent or parents
may relinquish a child to the secretary, and if the secretary accepts the
relinquishment in writing, the secretary shall stand in loco parentis to the
child and shall have and possess over the child all rights of a parent,
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including the power to place the child for adoption and give consent
thereto.
(2) All relinquishments to the secretary shall be in writing, in
substantial conformity with the form for relinquishment contained in the
appendix of forms following K.S.A. 59-2143, and amendments thereto,
and shall be executed by either parent of the child.
(3) The relinquishment shall be in writing and shall be acknowledged
before a judge of a court of record or before an officer authorized by law
to take acknowledgments. If the relinquishment is acknowledged before a
judge of a court of record, it shall be the duty of the court to advise the
relinquishing parent of the consequences of the relinquishment.
(4) Except as otherwise provided, in all cases where a parent has
relinquished a child to the agency pursuant to K.S.A. 59-2111 through 59-
2143, and amendments thereto, all the rights of the parent shall be
terminated, including the right to receive notice in a subsequent adoption
proceeding involving the child. Upon such relinquishment, all the rights of
the parents to such child, including such parent's right to inherit from or
through such child, shall cease.
(5) If a parent has relinquished a child to the secretary based on a
belief that the child's other parent would relinquish the child to the
secretary or would be found unfit, and this does not occur, the rights of the
parent who has relinquished a child to the secretary shall not be
terminated.
(6) A parent's relinquishment of a child shall not terminate the right
of the child to inherit from or through the parent.
(c) Permanent custody. (1) A parent may consent to appointment of
an individual as permanent custodian and if the individual accepts the
consent, such individual shall stand in loco parentis to the child and shall
have and possess over the child all the rights of a legal guardian.
(2) All consents to appointment of a permanent custodian shall be in
writing and shall be executed by either parent of the child.
(3) The consent shall be in writing and shall be acknowledged before
a judge of a court of record or before an officer authorized by law to take
acknowledgments. If the consent is acknowledged before a judge of a
court of record, it shall be the duty of the court to advise the consenting
parent of the consequences of the consent.
(4) If a parent has consented to appointment of a permanent custodian
based upon a belief that the child's other parent would so consent or would
be found unfit, and this does not occur, the consent shall be null and void.
(d) Adoption. If the child is in the custody of the secretary and the
parental rights of both parents have been terminated or the parental rights
of one parent have been terminated or that parent has relinquished parental
rights to the secretary, the child may be adopted by persons approved by
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the secretary and the court. If the child is no longer in the custody of the
secretary, the court may approve adoption of the child by persons who: (1)
Both parents consent to adopt; or (2) one parent consents to adopt, if the
parental rights of the other parent have been terminated. The consent shall
follow the form contained in the appendix of forms following K.S.A. 59-
2143, and amendments thereto.
Sec. 14. K.S.A. 38-2275 is hereby amended to read as follows: 38-
2275. (a) When an appeal is taken pursuant to this code, fees if of the
child's attorney, the child's guardian ad litem or of an attorney appointed to
represent a parent shall be fixed by the district court. The fees, together
with the costs of transcripts and records on appeal, shall be taxed as
expenses on appeal. The court on appeal may assess the fees and expenses
against a party or interested party or order that they be paid from the
general fund of the county.
(b) When the court orders the fees and expenses assessed against a
party or interested party, such fees shall be paid from the county general
fund, subject to reimbursement by the party or interested party against
whom the fees were assessed. The county may enforce the order as a civil
judgment, except the county shall not be required to pay the docket fee or
fee for execution.
Sec. 15. K.S.A. 38-2291 is hereby amended to read as follows: 38-
2291. (a) Whenever a child is placed in a qualified residential treatment
program, the secretary shall notify the court in writing within seven days
of placement. Written notice shall also be given to: (1) The petitioner; (2)
the attorney for the parents, if any; (3) each parent at the last known
address; (4) the child, if 12 or more years of age; (5) the child's attorney;
(6) the child's guardian ad litem; (6)(7) any other party or interested party;
and (7)(8) the child's court-appointed special advocate.
(b) Within 30 days after a child is placed in a qualified residential
treatment program, any person enumerated in subsection (a)(1) through (7)
(8) receiving notice as provided above may request, in writing, that the
court conduct a hearing. If a hearing is requested, the court shall conduct
the hearing within 60 days of placement. The court shall give notice of the
hearing to all persons enumerated in subsection (a)(1) through (7) (8).
(c) The secretary shall provide to the court in writing an assessment
and documentation of the need for placement in a qualified residential
treatment program.
(d) Within 60 days after a child is placed in a qualified residential
treatment program, the court shall:
(1) Consider the assessment and documentation provided by the
secretary pursuant to subsection (c);
(2) determine whether the needs of the child can be met through
placement in a foster family home or, if not, whether placement of the
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child in a qualified residential treatment program provides the most
effective and appropriate level of care for the child in the least restrictive
environment and whether that placement is consistent with the short-term
and long-term goals for the child as specified in the permanency plan for
the child; and
(3) approve or disapprove the placement.
(e) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
Sec. 16. K.S.A. 38-2202, 38-2205, 38-2219, 38-2229, 38-2236, 38-
2247, 38-2248, 38-2249, 38-2258, 38-2260, 38-2268, 38-2275 and 38-
2291 and K.S.A. 2022 Supp. 38-2211 and 38-2212 are hereby repealed.
Sec. 17. This act shall take effect and be in force from and after its
publication in the statute book.
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