HOUSE BILL No. 2536
AN ACT concerning children and minors; relating to the revised Kansas code for care of
children; establishing SOUL family legal permanency as a permanency option for
children in need of care who are 16 years of age or older; allowing courts to establish
SOUL family legal permanency; defining SOUL family legal permanency;
reconciling definition of behavioral health crisis in the revised Kansas code for care
of children; amending K.S.A. 38-2234, 38-2263, 38-2264, 38-2266 and 38-2268 and
K.S.A. 2023 Supp. 38-2202, 38-2203 and 38-2255 and repealing the existing
sections; also repealing K.S.A. 2023 Supp. 38-2202a.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) SOUL family legal permanency may be
appointed with:
(1) Agreement and approval of a child 16 years of age or older;
(2) agreement and consent of the child's parent unless there has
been a finding of unfitness or termination of parental rights and
parental consent is no longer required; and
(3) approval of the court set forth in a court order.
(b) The court may order SOUL family legal permanency:
(1) After a finding of unfitness pursuant to K.S.A. 38-2269, and
amendments thereto;
(2) after termination of parental rights pursuant to K.S.A. 38-2270,
and amendments thereto; or
(3) when determined by the court to be in the best interests of a
child 16 years of age or older and the requirements of subsection (a) are
met.
(c) Prior to submitting SOUL family legal permanency for
appointment by the court, the secretary for children and families shall:
(1) Observe the child in the home of the potential SOUL family
legal permanency custodian with whom the child will reside and
determine the ability and suitability of the potential custodian to care
for the child;
(2) determine whether the names of any potential SOUL family
legal permanency custodians appear on the Kansas department for
children and families child abuse and neglect registry and whether any
potential custodians have been convicted of crimes specified in K.S.A.
59-2132(e), and amendments thereto;
(3) consider, to the extent the secretary determines the
appointment to be in the best interests of the child, appointing a relative
or an individual with whom the child has close emotional ties; and
(4) submit a report to the court containing determinations required
by this subsection.
(d) Prior to ordering SOUL family legal permanency, the court
shall review and consider:
(1) The report submitted by the secretary pursuant to subsection
(c); and
(2) information provided by the secretary related to benefits,
including, but not limited to, financial support, medical coverage and
educational support, if SOUL family legal permanency is established
by the court.
(e) The court shall ensure the child has access to the maximum
allowable benefits available under other permanency options pursuant
to K.S.A. 38-2264, and amendments thereto.
(f) When appointing SOUL family legal permanency, the court
shall consider, to the extent the court finds it is in the child's best
interest, appointing a relative or an individual with whom the child has
close emotional ties. If the court appoints more than one individual as a
SOUL family legal permanency custodian, the child and the individual
may be unrelated.
(g) Upon the establishment of SOUL family legal permanency, the
secretary's custody of the child shall cease. The court's jurisdiction over
the child shall continue unless the court enters an order terminating
jurisdiction pursuant to K.S.A. 38-2203, and amendments thereto, and
this section.
(h) If there is more than one SOUL family legal permanency
custodian, one individual shall be designated as primary custodian by HOUSE BILL No. 2536—page 2
the court with the approval of the child and the individual to serve in
such role. If a dispute arises between the child and the SOUL family
legal permanency custodian or between custodians, the primary
custodian shall consider information provided by the child and other
SOUL family legal permanency custodians for possible resolution of a
dispute. If a dispute remains unresolved prior to the child reaching 18
years of age, or June 1 of the school year during which the child
became 18 years of age if the child is still attending high school,
subsequent to the filing of a motion by the child or SOUL family legal
permanency custodian, the court may consider such motion and may
order alternative dispute resolution. If the court has previously
terminated jurisdiction pursuant to K.S.A. 38-2203, and amendments
thereto, or this section, the court may reinstate the child's case to
consider such motion.
(i) Subject to subsection (j), a SOUL family legal permanency
custodian shall stand in loco parentis to the child and exercise all of the
rights and responsibilities of a parent, except that such custodian shall
not:
(1) Consent to an adoption of the child; or
(2) be subject to court-ordered child support or medical support
for the child.
(j) The court, upon motion of parties or interested parties or its
own motion, may impose limitations or conditions upon the rights and
responsibilities of the SOUL family legal permanency as determined by
the court to be in the best interests of the child.
(k) Absent a judicial finding of unfitness or court-ordered
limitations pursuant to subsection (i), a SOUL family legal permanency
custodian may share parental responsibilities with a parent of the child
if the SOUL family legal permanency custodian determines sharing of
parental responsibilities is in the best interests of the child. Sharing
parental responsibilities does not relieve the SOUL family legal
permanency custodian of legal responsibility.
(l) When parental consent is required for the appointment of
SOUL family legal permanency, 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 before that consent is acknowledged to advise the consenting
parent of the consequences of the consent, including the following:
(1) Do you understand that your parental rights are not being
terminated by the order establishing SOUL family legal permanency
and you can be ordered to pay child support and medical support for
your child?
(2) Do you understand that to exercise the rights you still have
with your child, you must keep the court up to date about how to
contact you? This means that the court needs to always have your
current address and telephone number.
(3) Do you understand that if you want information about your
child's health or education, you will have to keep the information you
give the court about where you are up to date because the information
about your child will be sent to the last known address the court has?
(4) Do you understand that you may be able to have some contact
with your child, but only if the SOUL family legal permanency
custodian decides it is in the best interests of the child and if the court
allows the contact?
(5) Do you understand that unless the court orders differently, the
SOUL family legal permanency custodian has the right to make
decisions about day-to-day care of your child?
(m) A parental consent is final when executed, unless the parent HOUSE BILL No. 2536—page 3
whose consent is at issue, prior to issuance of the order appointing a
SOUL family legal permanency custodian, proves by clear and
convincing evidence that the consent was not freely and voluntarily
given. The burden of proving the consent was not freely and voluntarily
given shall rest with that parent.
(n) If a parent has consented to appointment of a SOUL family
legal permanency based upon a belief that the child's other parent
would so consent or be found unfit, and such other parent does not
consent, the consent shall be null and void.
(o) If a SOUL family legal permanency custodian is ordered after
a judicial finding of parental unfitness without a termination of parental
rights, all parental rights transfer to the SOUL family legal permanency,
except for:
(1) The obligation to pay child support and medical support;
(2) the right to inherit from the child; and
(3) the right to consent to adoption of the child.
(p) If SOUL family legal permanency is ordered after termination
of parental rights, the parent retains no rights or responsibilities to the
child pursuant to the termination by the court.
(q) The court may recognize other individuals in addition to the
individuals appointed by the court as the child's SOUL family legal
permanency custodian, who shall testify to the court, with request and
approval by the child, that they will provide support as requested by
and agreed upon with the child and the SOUL family legal permanency
custodian. Such other individuals shall have no legal obligations or
rights related to the child pursuant to the court's recognition as set out
in this subsection.
(r) All SOUL family legal permanency custodians acting in such
capacity shall execute sworn documents related to the appointment
confirming the custodian's willingness to serve as a SOUL family legal
permanency custodian and an order of the court. Such documents shall
be filed with the court.
(s) If SOUL family legal permanency custodians are married to
each other and, subsequent to the SOUL family legal permanency
appointment, are divorced, the marriage is annulled or the court orders
separate maintenance, the court shall make custody determinations
between the SOUL family legal permanency custodians.
(t) A SOUL family legal permanency custodian shall consider
whether the custodian will provide any rights of inheritance to the child
and medical power of attorney for the child for whom they were
appointed a SOUL family legal permanency custodian and separately
execute such agreements.
Sec. 2. K.S.A. 2023 Supp. 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 HOUSE BILL No. 2536—page 4
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;
(7) except in the case of a violation of K.S.A. 41-727, 74-8810(j),
79-3321(m) or (n), or K.S.A. 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. 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. 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. 21-
5426, and amendments thereto, or commercial sexual exploitation of a
child, as defined by K.S.A. 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. 21-6419, and
amendments thereto.
(e) "Child abuse medical resource center" means a medical
institution affiliated with an accredited children's hospital or a
recognized institution of higher education that has an accredited
medical school program with board-certified child abuse pediatricians
who provide training, support, mentoring and peer review to CARE
providers on CARE exams.
(f) "Child abuse review and evaluation exam" or "CARE exam"
means a forensic medical evaluation of a child alleged to be a victim of
abuse or neglect conducted by a CARE provider.
(g) "Child abuse review and evaluation network" or "CARE
network" means a network of CARE providers, child abuse medical
resource centers and any medical provider associated with a child
advocacy center that has the ability to conduct a CARE exam that
collaborate to improve services provided to a child alleged to be a
victim of abuse or neglect.
(h) "Child abuse review and evaluation provider" or "CARE
provider" means a person licensed to practice medicine and surgery,
advanced practice registered nurse or licensed physician assistant who HOUSE BILL No. 2536—page 5
performs CARE exams of and provides medical diagnosis and
treatment to a child alleged to be a victim of abuse or neglect and who
receives:
(1) Kansas-based initial intensive training regarding child
maltreatment from the CARE network;
(2) continuous trainings on child maltreatment from the CARE
network; and
(3) peer review and new provider mentoring regarding medical
evaluations from a child abuse medical resource center.
(i) "Child abuse review and evaluation referral" or "CARE
referral" means a brief written review of allegations of physical abuse,
emotional abuse, medical neglect or physical neglect submitted by the
secretary or law enforcement agency to a child abuse medical resource
center for a recommendation of such child's need for medical care that
may include a CARE exam.
(j) "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.
(k) "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.
(l) "Court-appointed special advocate" means a responsible adult
other than an attorney guardian ad litem who is appointed by the court
to represent the best interests of a child, as provided in K.S.A. 38-2206,
and amendments thereto, in a proceeding pursuant to this code.
(m) "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.
(n) "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.
(o) "Educational institution" means all schools at the elementary
and secondary levels.
(p) "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.
(q) "Harm" means physical or psychological injury or damage.
(r) "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.
(s) "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 HOUSE BILL No. 2536—page 6
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.
(t) "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.
(u) "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.
(v) "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 close emotional ties.
(w) "Kinship caregiver" means an adult who the secretary has
selected for placement for a child in need of care with whom the child
or the child's parent already has close emotional ties.
(x) "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.
(y) "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.
(z) "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.
(aa) "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.
(bb) "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.
(cc) "Permanency goal" means the outcome of the permanency
planning process, which may be reintegration, adoption, appointment of
a permanent custodian, establishment of SOUL family legal
permanency or another planned permanent living arrangement.
(dd) "Permanent custodian" means a judicially approved
permanent guardian of a child pursuant to K.S.A. 38-2272, and
amendments thereto. HOUSE BILL No. 2536—page 7
(ee) "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-
being is endangered.
(ff) "Placement" means the designation by the individual or
agency having custody of where and with whom the child will live.
(gg) "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.
(hh) "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.
(ii) "Relative" means a person related by blood, marriage or
adoption.
(jj) "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.
(kk) "Secretary" means the secretary for children and families or
the secretary's designee.
(ll) "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.
(mm) "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. 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. 21-6419 or 21-6422, and amendments thereto.
(nn) "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.
(oo) "Support, opportunity, unity, legal relationships family legal
permanency" or "SOUL family legal permanency" means the
appointment of one or more adults, approved by a child who is 16
years of age or older and the subject of a child in need of care
proceeding, pursuant to section 1, and amendments thereto.
(pp) "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 HOUSE BILL No. 2536—page 8
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.
(pp)(qq) "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.
(qq)(rr) "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.
(ss) "Behavioral health crisis" means behavioral and conduct
issues that impact the safety or health of a child, members of the child's
household or family or members of the community, including, but not
limited to, non-life threatening mental health and substance abuse
concerns.
Sec. 3. K.S.A. 2023 Supp. 38-2203 is hereby amended to read as
follows: 38-2203. (a) Proceedings concerning any child who may be a
child in need of care shall be governed by this code, except in those
instances when the court knows or has reason to know that an Indian
child is involved in the proceeding, in which case, the Indian child
welfare act of 1978, 25 U.S.C. § 1901 et seq., applies. The Indian child
welfare act may apply to: The filing to initiate a child in need of care
proceeding, K.S.A. 38-2234, and amendments thereto; ex parte custody
orders, K.S.A. 38-2242, and amendments thereto; temporary custody
hearing, K.S.A. 38-2243, and amendments thereto; adjudication,
K.S.A. 38-2247, and amendments thereto; burden of proof, K.S.A. 38-
2250, and amendments thereto; disposition, K.S.A. 38-2255, and
amendments thereto; permanency hearings, K.S.A. 38-2264, and
amendments thereto; termination of parental rights, K.S.A. 38-2267,
38-2268 and 38-2269, and amendments thereto; establishment of
permanent custodianship, K.S.A. 38-2268 and 38-2272, and
amendments thereto; establishment of SOUL family legal permanency,
section 1, and amendments thereto; the newborn infant protection act,
K.S.A. 38-2282, and amendments thereto; the Representative Gail
Finney memorial foster care bill of rights, K.S.A. 2023 Supp. 38-
2201a, and amendments thereto; the placement of a child in any foster,
pre-adoptive and adoptive home and the placement of a child in a
guardianship arrangement under article 30 of chapter 59 of the Kansas
Statutes Annotated, and amendments thereto.
(b) Subject to the uniform child custody jurisdiction and
enforcement act, K.S.A. 23-37,101 through 23-37,405, and
amendments thereto, the district court shall have original jurisdiction of
proceedings pursuant to this code.
(c) The court acquires jurisdiction over a child by the filing of a
petition pursuant to this code or upon issuance of an ex parte order
pursuant to K.S.A. 38-2242, and amendments thereto. When the court
acquires jurisdiction over a child in need of care, jurisdiction may
continue until the child has:
(1) Become 18 years of age, or until June 1 of the school year
during which the child became 18 years of age if the child is still
attending high school unless there is no court approved transition plan,
in which event jurisdiction may continue until a transition plan is HOUSE BILL No. 2536—page 9
approved by the court or until the child reaches the age of 21;
(2) been adopted; or
(3) SOUL family legal permanency as ordered by the court
pursuant to section 1, and amendments thereto, and such jurisdiction
may continue until the child has reached 18 years of age, or until June
1 of the school year during which the child reached 18 years of age if
the child is still attending high school; or
(4) been discharged by the court.
(d) Any child 18 years of age or over may request, in writing to
the court, that the jurisdiction of the court cease. The court shall give
notice of the request to all parties and interested parties and 30 days
after receipt of the request, jurisdiction will cease.
(d)(e) When it is no longer appropriate for the court to exercise
jurisdiction over a child, the court, upon its own motion or the motion
of a party or interested party at a hearing or upon agreement of all
parties or interested parties, shall enter an order discharging the child.
Except upon request of the child pursuant to subsection (c)(d), the court
shall not enter an order discharging a child until June 1 of the school
year during which the child becomes 18 years of age if the child is in an
out-of-home placement, is still attending high school and has not
completed the child's high school education.
(e)(f) When a petition is filed under this code, a person who is
alleged to be under 18 years of age shall be presumed to be under that
age for the purposes of this code, unless the contrary is proved.
(f)(g) A court's order issued in a proceeding pursuant to this code,
shall take precedence over such orders in a civil custody case, a
proceeding under article 31 of chapter 60 of the Kansas Statutes
Annotated, and amendments thereto, protection from abuse act, or a
comparable case in another jurisdiction, except as provided by K.S.A.
23-37,101 through 23-37,405, and amendments thereto, uniform child
custody jurisdiction and enforcement act.
Sec. 4. K.S.A. 38-2234 is hereby amended to read as follows: 38-
2234. (a) Filing and contents of petition. (1) A petition filed to
commence an action pursuant to this code shall be filed with the clerk
of the district court and shall state, if known:
(A) The name, date of birth and residence address of the child;
(B) the name and residence address of the child's parents;
(C) the name and address of the child's nearest known relative if
no parent can be found;
(D) the name and residence address of any persons having custody
or control of the child; and
(E) plainly and concisely in the language of the statutory
definition, the basis for the petition.
(2) The petition shall also state the specific facts that are relied
upon to support the allegation referred to in the preceding paragraph
including any known dates, times and locations.
(3) The proceedings shall be entitled: "In the Interest of
______________."
(4) The petition shall contain a request that the court find the child
to be a child in need of care.
(5) The petition shall contain a request that the parent or parents
be ordered to pay child support. The request for child support may be
omitted with respect to a parent already ordered to pay child support for
the child and shall be omitted with respect to one or both parents upon
written request of the secretary.
(6) If the petition requests custody of the child to the secretary or a
person other than the child's parent, the petition shall specify the efforts
known to the petitioner to have been made to maintain the family and
prevent the transfer of custody, or it shall specify the facts HOUSE BILL No. 2536—page 10
demonstrating that an emergency exists which threatens the safety to
the child.
(7) If the petition requests removal of the child from the child's
home, in addition to the information required by K.S.A. 38-2234(a)(6),
and amendments thereto, the petition shall specify the facts
demonstrating that allowing the child to remain in the home would be
contrary to the welfare of the child or that placement is in the best
interests of the child and the child is likely to sustain harm if not
removed from the home.
(8) The petition shall have an attached copy of the prevention
plan, if any, that has been prepared for the child.
(9) The petition shall contain the following statement: "If you do
not appear in court the court will be making decisions without your
input which could result in:
(A) The permanent or temporary removal of the child from the
custody of the parent or present legal guardian;
(B) an order requiring one or both parents to pay child support
until the permanent termination of one or both of the parents' parental
rights;
(C) the permanent termination of one or both of the parents'
parental rights; and
(D) the appointment of a SOUL family legal permanency
custodian for the child; and
(E) the appointment of a permanent custodian for the child.
If you cannot attend the hearing you may send a written response to
the petition to the clerk of the court."
(10) The petition shall contain the following statement: "You may
receive further notices of other hearings, proceedings and actions in this
case which you may attend. These notices will be sent to you by first
class mail to your last known address or an address you provide to the
court. It is your responsibility to keep the court informed of your
current address."
(b) Motions. Motions may be made orally or in writing. The
motion shall state with particularity the grounds for the motion and
shall state the relief or order sought.
Sec. 5. K.S.A. 2023 Supp. 38-2255 is hereby amended to read as
follows: 38-2255. (a) Considerations. Prior to entering an order of
disposition, the court shall give consideration to:
(1) The child's physical, mental and emotional condition;
(2) the child's need for assistance;
(3) the manner in which the parent participated in the abuse,
neglect or abandonment of the child;
(4) any relevant information from the intake and assessment
process; and
(5) the evidence received at the dispositional hearing.
(b) Custody with a parent. The court may place the child in the
custody of either of the child's parents subject to terms and conditions
which the court prescribes to assure the proper care and protection of
the child, including, but not limited to:
(1) Supervision of the child and the parent by a court services
officer;
(2) participation by the child and the parent in available programs
operated by an appropriate individual or agency; and
(3) any special treatment or care which the child needs for the
child's physical, mental or emotional health and safety.
(c) Removal of a child from custody of a parent. The court shall
not enter the initial order removing a child from the custody of a parent
pursuant to this section unless the court first finds probable cause that:
(1) (A) The child is likely to sustain harm if not immediately HOUSE BILL No. 2536—page 11
removed from the home;
(B) allowing the child to remain in home is contrary to the welfare
of the child; or
(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 that threatens the safety to the child.
The court shall not enter an order removing a child from the custody
of a parent pursuant to this section based solely on the finding that the
parent is homeless.
(d) Custody of a child removed from the custody of a parent. If the
court has made the findings required by subsection (c), the court shall
enter an order awarding custody to: A relative of the child or to a
person with whom the child has close emotional ties who shall not be
required to be licensed under article 5 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto; any other suitable person;
a shelter facility; a youth residential facility; a staff secure facility,
notwithstanding any other provision of law, if the child has been
subjected to human trafficking or aggravated human trafficking, as
defined by K.S.A. 21-5426, and amendments thereto, or commercial
sexual exploitation of a child, as defined by K.S.A. 21-6422, and
amendments thereto, or the child committed an act which, if committed
by an adult, would constitute a violation of K.S.A. 21-6419, and
amendments thereto; or, if the child is 15 years of age or younger, or 16
or 17 years of age if the child has no identifiable parental or family
resources or shows signs of physical, mental, emotional or sexual
abuse, to the secretary. Custody awarded under this subsection shall
continue until further order of the court.
(1) When custody is awarded to the secretary, the secretary shall
consider any placement recommendation by the court and notify the
court of the placement or proposed placement of the child within 10
days of the order awarding custody. After providing the parties or
interested parties notice and opportunity to be heard, the court may
determine whether the secretary's placement or proposed placement is
contrary to the welfare or in the best interests of the child. In making
that determination the court shall consider the health and safety needs
of the child and the resources available to meet the needs of children in
the custody of the secretary. If the court determines that the placement
or proposed placement is contrary to the welfare or not in the best
interests of the child, the court shall notify the secretary, who shall then
make an alternative placement.
(2) The custodian designated under this subsection shall notify the
court in writing at least 10 days prior to any planned placement with a
parent. The written notice shall state the basis for the custodian's belief
that placement with a parent is no longer contrary to the welfare or best
interest of the child. Upon reviewing the notice, the court may allow
the custodian to proceed with the planned placement or may set the
date for a hearing to determine if the child shall be allowed to return
home. If the court sets a hearing on the matter, the custodian shall not
return the child home without written consent of the court.
(3) The court may grant any person reasonable rights to visit the
child upon motion of the person and a finding that the visitation rights
would be in the best interests of the child.
(4) The court may enter an order restraining any alleged
perpetrator of physical, mental or emotional abuse or sexual abuse of
the child from: Residing in the child's home; visiting, contacting,
harassing or intimidating the child, other family member or witness; or
attempting to visit, contact, harass or intimidate the child, other family HOUSE BILL No. 2536—page 12
member or witness. Such restraining order shall be served by personal
service pursuant to K.S.A. 38-2237(a), and amendments thereto, on any
alleged perpetrator to whom the order is directed.
(5) The court shall provide a copy of any orders entered within 10
days of entering the order to the custodian designated under this
subsection.
(e) Further determinations regarding a child removed from the
home. If custody has been awarded under subsection (d) to a person
other than a parent, a permanency plan shall be provided or prepared
pursuant to K.S.A. 38-2264, and amendments thereto. If a permanency
plan is provided at the dispositional hearing, the court may determine
whether reintegration is a viable alternative or, if reintegration is not a
viable alternative, whether the child should be placed for adoption or, a
permanent custodian appointed or a SOUL family legal permanency
custodian appointed. In determining whether reintegration is a viable
alternative, the court shall consider:
(1) Whether a parent has been found by a court to have committed
one of the following crimes or to have violated the law of another state
prohibiting such crimes or to have aided and abetted, attempted,
conspired or solicited the commission of one of these crimes: (A)
Murder in the first degree, K.S.A. 21-3401, prior to its repeal, or
K.S.A. 21-5402, and amendments thereto; (B) murder in the second
degree, K.S.A. 21-3402, prior to its repeal, or K.S.A. 21-5403, and
amendments thereto; (C) capital murder, K.S.A. 21-3439, prior to its
repeal, or K.S.A. 21-5401, and amendments thereto; (D) voluntary
manslaughter, K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404,
and amendments thereto; or (E) a felony battery that resulted in bodily
injury;
(2) whether a parent has subjected the child or another child to
aggravated circumstances;
(3) whether a parent has previously been found to be an unfit
parent in proceedings under this code or in comparable proceedings
under the laws of another state or the federal government;
(4) whether the 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 on which a child in the secretary's
custody was removed from the child's home;
(5) whether the parents have failed to work diligently toward
reintegration;
(6) whether the secretary has provided the family with services
necessary for the safe return of the child to the home; and
(7) whether it is reasonable to expect reintegration to occur within
a time frame consistent with the child's developmental needs.
(f) Proceedings if reintegration is not a viable alternative. If the
court determines that reintegration is not a viable alternative,
proceedings to terminate parental rights and permit placement of the
child for adoption or appointment of a permanent custodian or a SOUL
family legal permanency custodian shall be initiated unless the court
finds that compelling reasons have been documented in the case plan
why adoption or appointment of a permanent custodian or a SOUL
family legal permanency custodian would not be in the best interests of
the child. If compelling reasons have not been documented, the county
or district attorney shall file a motion within 30 days to terminate
parental rights or a motion to appoint a permanent custodian or SOUL
family legal permanency custodian pursuant to section 1, and
amendments thereto, within 30 days and the court shall hold a hearing
on the motion within 90 days of its filing. No hearing is required when
the parents voluntarily relinquish parental rights or consent to the
appointment of a permanent custodian or a SOUL family legal HOUSE BILL No. 2536—page 13
permanency custodian.
(g) Additional orders. In addition to or in lieu of any other order
authorized by this section:
(1) The court may order the child and the parents of any child who
has been adjudicated a child in need of care to attend counseling
sessions as the court directs. The expense of the counseling may be
assessed as an expense in the case. No mental health provider shall
charge a greater fee for court-ordered counseling than the provider
would have charged to the person receiving counseling if the person
had requested counseling on the person's own initiative.
(2) If the court has reason to believe that a child is before the court
due, in whole or in part, to the use or misuse of alcohol or a violation of
K.S.A. 21-5701 through 21-5717, and amendments thereto, by the
child, a parent of the child, or another person responsible for the care of
the child, the court may order the child, parent of the child or other
person responsible for the care of the child to submit to and complete
an alcohol and drug evaluation by a qualified person or agency and
comply with any recommendations. If the evaluation is performed by a
community-based alcohol and drug safety program certified pursuant to
K.S.A. 8-1008, and amendments thereto, the child, parent of the child
or other person responsible for the care of the child shall pay a fee not
to exceed the fee established by that statute. If the court finds that the
child and those legally liable for the child's support are indigent, the fee
may be waived. In no event shall the fee be assessed against the
secretary.
(3) If child support has been requested and the parent or parents
have a duty to support the child, the court may order one or both
parents to pay child support and, when custody is awarded to the
secretary, the court shall order one or both parents to pay child support.
The court shall determine, for each parent separately, whether the
parent is already subject to an order to pay support for the child. If the
parent is not presently ordered to pay support for any child who is
subject to the jurisdiction of the court and the court has personal
jurisdiction over the parent, the court shall order the parent to pay child
support in an amount determined under K.S.A. 38-2277, and
amendments thereto. Except for good cause shown, the court shall issue
an immediate income withholding order pursuant to K.S.A. 23-3101 et
seq., and amendments thereto, for each parent ordered to pay support
under this subsection, regardless of whether a payor has been identified
for the parent. A parent ordered to pay child support under this
subsection shall be notified, at the hearing or otherwise, that the child
support order may be registered pursuant to K.S.A. 38-2279, and
amendments thereto. The parent shall also be informed that, after
registration, the income withholding order may be served on the
parent's employer without further notice to the parent and the child
support order may be enforced by any method allowed by law. Failure
to provide this notice shall not affect the validity of the child support
order.
(h) For the purposes of this section, "harassing or intimidating"
and "harass or intimidate" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to
determine the targeted person's location, movement or travel patterns.
Sec. 6. K.S.A. 38-2263 is hereby amended to read as follows: 38-
2263. (a) The goal of permanency planning is to assure, in so far as is
possible, that children have permanency and stability in their living
situations and that the continuity of family relationships and
connections is preserved. In planning for permanency, the safety and
well being of children shall be paramount.
(b) Whenever a child is subject to the jurisdiction of the court HOUSE BILL No. 2536—page 14
pursuant to the code, an initial permanency plan shall be developed for
the child and submitted to the court within 30 days of the initial order
of the court. If the child is in the custody of the secretary, or the
secretary is providing services to the child, the secretary shall prepare
the plan. Otherwise, the plan shall be prepared by the person who has
custody or, if directed by the court, by a court services officer.
(c) A permanency plan is a written document prepared in
consultation with the child, if the child is 14 years of age or older and
the child is able, and, where possible, in consultation with the child's
parents, and which that:
(1) Describes the permanency goal which that, if achieved, will
most likely give the child a permanent and safe living arrangement;
(2) describes the child's level of physical health, mental and
emotional health, and educational functioning;
(3) provides an assessment of the needs of the child and family;
(4) describes the services to be provided the child, the child's
parents and the child's foster parents, if appropriate;
(5) includes a description of the tasks and responsibilities designed
to achieve the plan and to whom assigned; and
(6) includes measurable objectives and time schedules for
achieving the plan.
(d) In addition to the requirements of subsection (c), if the child is
in an out of home placement, the permanency plan shall include:
(1) A plan for reintegration of the child's parent or parents or if
reintegration is determined not to be a viable alternative, a statement
for the basis of that conclusion and a plan for another permanent living
arrangement permanency identified in K.S.A. 38-2264(b)(2) through (b)
(5), and amendments thereto;
(2) a description of the available placement alternatives;
(3) a justification for the placement selected, including a
description of the safety and appropriateness of the placement; and
(4) a description of the programs and services which will help the
child prepare to live independently as an adult.
(e) If there is a lack of agreement among persons necessary for the
success of the permanency plan, the person or entity having custody of
the child shall notify the court which shall set a hearing on the plan.
(f) A permanency plan may be amended at any time upon
agreement of the plan participants. If a permanency plan requires
amendment which changes the permanency goal, the person or entity
having custody of the child shall notify the court which shall set a
permanency hearing pursuant to K.S.A. 38-2264 and 38-2265, and
amendments thereto.
Sec. 7. K.S.A. 38-2264 is hereby amended to read as follows: 38-
2264. (a) A permanency hearing is a proceeding conducted by the court
or by a citizen review board for the purpose of determining progress
toward accomplishment of a permanency plan as established by K.S.A.
38-2263, and amendments thereto.
(b) The court or a citizen review board shall hear and the court
shall determine whether and, if applicable, when the child will be:
(1) Reintegrated with the child's parents;
(2) placed for adoption;
(3) placed with a permanent custodian; or
(4) if the child is 16 years of age or older, placed with a SOUL
family legal permanency custodian; or
(5) if the child is 16 years of age or older and the secretary has
documented compelling reasons why it would not be in the child's best
interests for a placement in one of the placements pursuant to
paragraphs (1), (2) or (3) through (4), placed in another planned
permanent living arrangement. HOUSE BILL No. 2536—page 15
(c) At each permanency hearing, the court shall:
(1) Enter a finding as to whether reasonable efforts have been
made by appropriate public or private agencies to rehabilitate the
family and achieve the permanency goal in place at the time of the
hearing;
(2) enter a finding as to whether the reasonable and prudent
parenting standard has been met and whether the child has regular,
ongoing opportunities to engage in age or developmentally appropriate
activities. The secretary shall report to the court the steps the secretary
is taking to ensure that the child's foster family home or child care
institution is following the reasonable and prudent parenting standard
and that the child has regular, ongoing opportunities to engage in age or
developmentally appropriate activities, including consultation with the
child in an age-appropriate manner about the opportunities of the child
to participate in the activities; and
(3) if the child is 14 years of age or older, document the efforts
made by the secretary to help the child prepare for the transition from
custody to a successful adulthood. The secretary shall report to the
court the programs and services that are being provided to the child that
will help the child prepare for the transition from custody to a
successful adulthood.
(d) The requirements of this subsection shall apply only if the
permanency goal in place at the time of the hearing is another planned
permanent living arrangement as described in subsection (b)(4) (b)(5).
At each permanency hearing held with respect to the child, in addition
to the requirements of subsection (c), the court shall:
(1) Ask the child, if the child is able, by attendance at the hearing
or by report to the court, about the desired permanency outcome for the
child;
(2) document the intensive, ongoing and, as of the date of the
hearing, unsuccessful permanency efforts made by the secretary to
return the child home or secure a placement for the child with a fit and
willing relative, a legal custodian or guardian or an adoptive parent.
The secretary shall report to the court the intensive, ongoing and, as of
the date of the hearing, unsuccessful efforts made by the secretary to
return the child home or secure a placement for the child with a fit and
willing relative, a legal custodian or guardian or an adoptive parent,
including efforts that utilize search technology, including social media,
to find biological family members of the children; and
(3) make a judicial determination explaining why, as of the date of
the hearing, another planned permanent living arrangement is the best
permanency plan for the child and provide compelling reasons why it
continues to not be in the best interests of the child to return home, be
placed for adoption, be placed with a legal custodian or guardian or be
placed with a fit and willing relative.
(e) The requirements of this subsection shall apply only if the
child is placed in a qualified residential treatment program at the time
of the permanency hearing. At each permanency hearing held with
respect to the child, in addition to the requirements of subsection (c),
the court shall document:
(1) That the ongoing assessment of the strengths and needs of the
child continues to support the determination that the needs of the child
cannot be met through placement in a foster family home, that the
placement in a qualified residential treatment program provides the
most effective and appropriate level of care for the child in the least
restrictive environment, and that the placement is consistent with the
short-term and long-term goals for the child, as specified in the
permanency plan for the child;
(2) the specific treatment or service needs that will be met for the HOUSE BILL No. 2536—page 16
child in the placement and the length of time the child is expected to
need the treatment or services; and
(3) the efforts made by the secretary to prepare the child to return
home or to be placed with a fit and willing relative, a legal custodian or
guardian, or an adoptive parent, or in a foster family home.
(f) A permanency hearing shall be held within 12 months of the
date the court authorized the child's removal from the home and not
less frequently than every 12 months thereafter. If the court makes a
finding that the requirements of subsection (c)(1) or (2) have not been
met, a subsequent permanency hearing shall be held no later than 60
days following the finding.
(g) If the court determines at any time other than during a
permanency hearing that reintegration may not be a viable alternative
for the child, a permanency hearing shall be held no not later than 30
days following that determination.
(h) When the court finds that reintegration continues to be a viable
alternative, the court shall determine whether and, if applicable, when
the child will be returned to the parent. The court may rescind any of its
prior dispositional orders and enter any dispositional order authorized
by this code or may order that a new plan for the reintegration be
prepared and submitted to the court. If reintegration cannot be
accomplished as approved by the court, the court shall be informed and
shall schedule a hearing pursuant to this section. No such hearing is
required when the parents voluntarily relinquish parental rights or
consent to appointment of a permanent custodian or a SOUL family
legal permanency custodian.
(i) If the court finds reintegration is no longer a viable alternative,
the court shall consider whether: (1) The child is in a stable placement
with a relative; (2) services set out in the case plan necessary for the
safe return of the child have been made available to the parent with
whom reintegration is planned; or (3) compelling reasons are
documented in the case plan to support a finding that neither adoption
nor appointment of a permanent custodian are in the child's best
interest. If reintegration is not a viable alternative and either adoption
or appointment of a permanent custodian might be in the best interests
of the child, the county or district attorney or the county or district
attorney's designee shall file a motion to terminate parental rights or a
motion to appoint a permanent custodian within 30 days and the court
shall set a hearing on such motion within 90 days of the filing of such
motion.
(j) If the court enters an order terminating parental rights to a
child, or an agency has accepted a relinquishment pursuant to K.S.A.
59-2124, and amendments thereto, the requirements for permanency
hearings shall continue until an adoption or appointment of a
permanent custodian or a SOUL family legal permanency custodian has
been accomplished and court jurisdiction has been terminated. If the
court determines that reasonable efforts or progress have not been made
toward finding an adoptive placement or appointment of a permanent
custodian or a SOUL family legal permanency custodian or placement
with a fit and willing relative, the court may rescind its prior orders and
make others regarding custody and adoption that are appropriate under
the circumstances. Reports of a proposed adoptive placement need not
contain the identity of the proposed adoptive parents.
(k) If permanency with one parent has been achieved without the
termination of the other parent's rights, the court may, prior to
dismissing the case, enter child custody orders, including residency and
parenting time that the court determines to be in the best interests of the
child. The court shall complete a parenting plan pursuant to K.S.A. 23-
3213, and amendments thereto. HOUSE BILL No. 2536—page 17
(1) Before entering a custody order under this subsection, the
court shall inquire whether a custody order has been entered or is
pending in a civil custody case by a court of competent jurisdiction
within the state of Kansas.
(2) If a civil custody case has been filed or is pending, a certified
copy of the custody, residency and parenting time orders shall be filed
in the civil custody case. The court in the civil custody case may, after
consultation with the court in the child in need of care case, enter an
order declaring that the custody order in the child in need of care case
shall become the custody order in the civil custody case.
(3) A district court, on its own motion or upon the motion of any
party, may order the consolidation of the child in need of care case with
any open civil custody case involving the child and both of the child's
parents. Custody, residency and parenting time orders entered in
consolidated child in need of care and civil custody cases take
precedence over any previous orders affecting both parents and the
child that were entered in the civil custody case regarding the same or
related issues. Following entry of a custody order in a consolidated
case, the court shall dismiss the child in need of care case and, if
necessary, return the civil custody case to the original court having
jurisdiction over it the case.
(4) If no civil custody case has been filed, the court may direct the
parties to file a civil custody case and to file the custody orders from
the child in need of care case in that case. Costs of the civil custody
case may be assessed to the parties.
(5) Nothing in this subsection shall operate to expand access to
information that is confidential under K.S.A. 38-2209, and amendments
thereto, and the confidentiality of such information shall be preserved
in all filings in a civil custody case.
(l) When permanency has been achieved to the satisfaction of the
court, the court shall enter an order closing the case.
Sec. 8. K.S.A. 38-2266 is hereby amended to read as follows: 38-
2266. (a) Either in the original petition filed under this code or in a
motion made in an existing proceeding under this code, any party or
interested party may request that either or both parents be found unfit
and the parental rights of either or both parents be terminated or a
permanent custodian or a SOUL family legal permanency custodian be
appointed.
(b) Whenever a pleading is filed requesting termination of parental
rights or appointment of a permanent custodian or a SOUL family legal
permanency custodian, the pleading shall contain a statement of
specific facts which are relied upon to support the request, including
dates, times and locations to the extent known.
(c) In any case in which a parent of a child cannot be located by
the exercise of due diligence, service by publication notice shall be
ordered upon the parent.
Sec. 9. 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 permanent custodian or a SOUL family legal permanency
custodian, with the approval of the guardian ad litem and acceptance
and approval of the secretary, either or both parents may: Relinquish
parental rights to the child to the secretary; consent to an adoption; or
consent to appointment of a permanent custodian or a SOUL family
legal permanency 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, HOUSE BILL No. 2536—page 18
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) SOUL family legal permanency. (1) A parent may consent to
SOUL family legal permanency pursuant to section 1, and amendments
thereto. If the individual designated as the SOUL family legal
permanency custodian consents to the appointment and such individual
is approved by the court, such individual shall have and possesses over
the child all the rights and responsibilities of a permanent custodian
subject to section 1, and amendments thereto.
(2) Each consent to the appointment of a SOUL family legal
permanency custodian shall be in writing and executed by either parent
or legal guardian of the child.
(d) 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)(e) 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 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 HOUSE BILL No. 2536—page 19
(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. 10. K.S.A. 38-2234, 38-2263, 38-2264, 38-2266 and 38-2268
and K.S.A. 2023 Supp. 38-2202, 38-2202a, 38-2203 and 38-2255 are
hereby repealed.
Sec. 11. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.