KS
Kansas House Bill HB2536

Kansas 2023-2024 Regular Session

Kansas House Bill HB2536 Compare Versions

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1+Session of 2024
12 HOUSE BILL No. 2536
2-AN ACT concerning children and minors; relating to the revised Kansas code for care of
3-children; establishing SOUL family legal permanency as a permanency option for
4-children in need of care who are 16 years of age or older; allowing courts to establish
5-SOUL family legal permanency; defining SOUL family legal permanency;
6-reconciling definition of behavioral health crisis in the revised Kansas code for care
7-of children; amending K.S.A. 38-2234, 38-2263, 38-2264, 38-2266 and 38-2268 and
8-K.S.A. 2023 Supp. 38-2202, 38-2203 and 38-2255 and repealing the existing
9-sections; also repealing K.S.A. 2023 Supp. 38-2202a.
3+By Committee on Child Welfare and Foster Care
4+Requested by Rachel Marsh, Children's Alliance of Kansas
5+1-18
6+AN ACT concerning children and minors; relating to the revised Kansas
7+code for care of children; establishing SOUL family legal permanency
8+as a permanency option for children in need of care who are 16 years of
9+age or older; allowing courts to establish SOUL family legal
10+permanency; defining SOUL family legal permanency; reconciling
11+definition of behavioral health crisis in the revised Kansas code for care
12+of children; amending K.S.A. 38-2234, 38-2263, 38-2264, 38-2266 and
13+38-2268 and K.S.A. 2023 Supp. 38-2202, 38-2203 and 38-2255 and
14+repealing the existing sections; also repealing K.S.A. 2023 Supp. 38-
15+2202a.
1016 Be it enacted by the Legislature of the State of Kansas:
11-New Section 1. (a) SOUL family legal permanency may be
12-appointed with:
17+New Section 1. (a) SOUL family legal permanency may be appointed
18+with:
1319 (1) Agreement and approval of a child 16 years of age or older;
14-(2) agreement and consent of the child's parent unless there has
15-been a finding of unfitness or termination of parental rights and
16-parental consent is no longer required; and
20+(2) agreement and consent of the child's parent unless there has been
21+a finding of unfitness or termination of parental rights and parental consent
22+is no longer required; and
1723 (3) approval of the court set forth in a court order.
1824 (b) The court may order SOUL family legal permanency:
1925 (1) After a finding of unfitness pursuant to K.S.A. 38-2269, and
2026 amendments thereto;
2127 (2) after termination of parental rights pursuant to K.S.A. 38-2270,
2228 and amendments thereto; or
23-(3) when determined by the court to be in the best interests of a
24-child 16 years of age or older and the requirements of subsection (a) are
25-met.
29+(3) when determined by the court to be in the best interests of a child
30+16 years of age or older and the requirements of subsection (a) are met.
2631 (c) Prior to submitting SOUL family legal permanency for
2732 appointment by the court, the secretary for children and families shall:
28-(1) Observe the child in the home of the potential SOUL family
29-legal permanency custodian with whom the child will reside and
30-determine the ability and suitability of the potential custodian to care
31-for the child;
32-(2) determine whether the names of any potential SOUL family
33-legal permanency custodians appear on the Kansas department for
34-children and families child abuse and neglect registry and whether any
35-potential custodians have been convicted of crimes specified in K.S.A.
36-59-2132(e), and amendments thereto;
37-(3) consider, to the extent the secretary determines the
38-appointment to be in the best interests of the child, appointing a relative
39-or an individual with whom the child has close emotional ties; and
40-(4) submit a report to the court containing determinations required
41-by this subsection.
42-(d) Prior to ordering SOUL family legal permanency, the court
43-shall review and consider:
44-(1) The report submitted by the secretary pursuant to subsection
45-(c); and
33+(1) Observe the child in the home of the potential SOUL family legal
34+permanency custodian with whom the child will reside and determine the
35+ability and suitability of the potential custodian to care for the child;
36+(2) determine whether the names of any potential SOUL family legal
37+permanency custodians appear on the Kansas department for children and
38+families child abuse and neglect registry and whether any potential
39+custodians have been convicted of crimes specified in K.S.A. 59-2132(e),
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75+and amendments thereto;
76+(3) consider, to the extent the secretary determines the appointment to
77+be in the best interests of the child, appointing a relative or an individual
78+with whom the child has close emotional ties; and
79+(4) submit a report to the court containing determinations required by
80+this subsection.
81+(d) Prior to ordering SOUL family legal permanency, the court shall
82+review and consider:
83+(1) The report submitted by the secretary pursuant to subsection (c);
84+and
4685 (2) information provided by the secretary related to benefits,
4786 including, but not limited to, financial support, medical coverage and
48-educational support, if SOUL family legal permanency is established
49-by the court.
87+educational support, if SOUL family legal permanency is established by
88+the court.
5089 (e) The court shall ensure the child has access to the maximum
51-allowable benefits available under other permanency options pursuant
52-to K.S.A. 38-2264, and amendments thereto.
53-(f) When appointing SOUL family legal permanency, the court
54-shall consider, to the extent the court finds it is in the child's best
55-interest, appointing a relative or an individual with whom the child has
56-close emotional ties. If the court appoints more than one individual as a
57-SOUL family legal permanency custodian, the child and the individual
58-may be unrelated.
90+allowable benefits available under other permanency options pursuant to
91+K.S.A. 38-2264, and amendments thereto.
92+(f) When appointing SOUL family legal permanency, the court shall
93+consider, to the extent the court finds it is in the child's best interest,
94+appointing a relative or an individual with whom the child has close
95+emotional ties. If the court appoints more than one individual as a SOUL
96+family legal permanency custodian, the child and the individual may be
97+unrelated.
5998 (g) Upon the establishment of SOUL family legal permanency, the
6099 secretary's custody of the child shall cease. The court's jurisdiction over
61100 the child shall continue unless the court enters an order terminating
62-jurisdiction pursuant to K.S.A. 38-2203, and amendments thereto, and
63-this section.
101+jurisdiction pursuant to K.S.A. 38-2203, and amendments thereto, and this
102+section.
64103 (h) If there is more than one SOUL family legal permanency
65-custodian, one individual shall be designated as primary custodian by HOUSE BILL No. 2536—page 2
66-the court with the approval of the child and the individual to serve in
67-such role. If a dispute arises between the child and the SOUL family
68-legal permanency custodian or between custodians, the primary
69-custodian shall consider information provided by the child and other
70-SOUL family legal permanency custodians for possible resolution of a
71-dispute. If a dispute remains unresolved prior to the child reaching 18
72-years of age, or June 1 of the school year during which the child
73-became 18 years of age if the child is still attending high school,
74-subsequent to the filing of a motion by the child or SOUL family legal
75-permanency custodian, the court may consider such motion and may
76-order alternative dispute resolution. If the court has previously
77-terminated jurisdiction pursuant to K.S.A. 38-2203, and amendments
78-thereto, or this section, the court may reinstate the child's case to
79-consider such motion.
104+custodian, one individual shall be designated as primary custodian by the
105+court with the approval of the child and the individual to serve in such
106+role. If a dispute arises between the child and the SOUL family legal
107+permanency custodian or between custodians, the primary custodian shall
108+consider information provided by the child and other SOUL family legal
109+permanency custodians for possible resolution of a dispute. If a dispute
110+remains unresolved prior to the child reaching 18 years of age, or June 1 of
111+the school year during which the child became 18 years of age if the child
112+is still attending high school, subsequent to the filing of a motion by the
113+child or SOUL family legal permanency custodian, the court may consider
114+such motion and may order alternative dispute resolution. If the court has
115+previously terminated jurisdiction pursuant to K.S.A. 38-2203, and
116+amendments thereto, or this section, the court may reinstate the child's case
117+to consider such motion.
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80161 (i) Subject to subsection (j), a SOUL family legal permanency
81162 custodian shall stand in loco parentis to the child and exercise all of the
82-rights and responsibilities of a parent, except that such custodian shall
83-not:
163+rights and responsibilities of a parent, except that such custodian shall not:
84164 (1) Consent to an adoption of the child; or
85-(2) be subject to court-ordered child support or medical support
86-for the child.
87-(j) The court, upon motion of parties or interested parties or its
88-own motion, may impose limitations or conditions upon the rights and
165+(2) be subject to court-ordered child support or medical support for
166+the child.
167+(j) The court, upon motion of parties or interested parties or its own
168+motion, may impose limitations or conditions upon the rights and
89169 responsibilities of the SOUL family legal permanency as determined by
90170 the court to be in the best interests of the child.
91-(k) Absent a judicial finding of unfitness or court-ordered
92-limitations pursuant to subsection (i), a SOUL family legal permanency
93-custodian may share parental responsibilities with a parent of the child
94-if the SOUL family legal permanency custodian determines sharing of
95-parental responsibilities is in the best interests of the child. Sharing
96-parental responsibilities does not relieve the SOUL family legal
97-permanency custodian of legal responsibility.
98-(l) When parental consent is required for the appointment of
99-SOUL family legal permanency, the consent shall be in writing and
100-shall be acknowledged before a judge of a court of record or before an
101-officer authorized by law to take acknowledgments. If the consent is
171+(k) Absent a judicial finding of unfitness or court-ordered limitations
172+pursuant to subsection (i), a SOUL family legal permanency custodian
173+may share parental responsibilities with a parent of the child if the SOUL
174+family legal permanency custodian determines sharing of parental
175+responsibilities is in the best interests of the child. Sharing parental
176+responsibilities does not relieve the SOUL family legal permanency
177+custodian of legal responsibility.
178+(l) When parental consent is required for the appointment of SOUL
179+family legal permanency, the consent shall be in writing and shall be
180+acknowledged before a judge of a court of record or before an officer
181+authorized by law to take acknowledgments. If the consent is
102182 acknowledged before a judge of a court of record, it shall be the duty of
103183 the court before that consent is acknowledged to advise the consenting
104184 parent of the consequences of the consent, including the following:
105185 (1) Do you understand that your parental rights are not being
106-terminated by the order establishing SOUL family legal permanency
107-and you can be ordered to pay child support and medical support for
108-your child?
109-(2) Do you understand that to exercise the rights you still have
110-with your child, you must keep the court up to date about how to
111-contact you? This means that the court needs to always have your
112-current address and telephone number.
113-(3) Do you understand that if you want information about your
114-child's health or education, you will have to keep the information you
115-give the court about where you are up to date because the information
116-about your child will be sent to the last known address the court has?
186+terminated by the order establishing SOUL family legal permanency and
187+you can be ordered to pay child support and medical support for your
188+child?
189+(2) Do you understand that to exercise the rights you still have with
190+your child, you must keep the court up to date about how to contact you?
191+This means that the court needs to always have your current address and
192+telephone number.
193+(3) Do you understand that if you want information about your child's
194+health or education, you will have to keep the information you give the
195+court about where you are up to date because the information about your
196+child will be sent to the last known address the court has?
117197 (4) Do you understand that you may be able to have some contact
118-with your child, but only if the SOUL family legal permanency
119-custodian decides it is in the best interests of the child and if the court
120-allows the contact?
198+with your child, but only if the SOUL family legal permanency custodian
199+decides it is in the best interests of the child and if the court allows the
200+contact?
121201 (5) Do you understand that unless the court orders differently, the
122-SOUL family legal permanency custodian has the right to make
123-decisions about day-to-day care of your child?
124-(m) A parental consent is final when executed, unless the parent HOUSE BILL No. 2536—page 3
125-whose consent is at issue, prior to issuance of the order appointing a
126-SOUL family legal permanency custodian, proves by clear and
127-convincing evidence that the consent was not freely and voluntarily
128-given. The burden of proving the consent was not freely and voluntarily
129-given shall rest with that parent.
130-(n) If a parent has consented to appointment of a SOUL family
131-legal permanency based upon a belief that the child's other parent
132-would so consent or be found unfit, and such other parent does not
133-consent, the consent shall be null and void.
134-(o) If a SOUL family legal permanency custodian is ordered after
135-a judicial finding of parental unfitness without a termination of parental
202+SOUL family legal permanency custodian has the right to make decisions
203+about day-to-day care of your child?
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247+(m) A parental consent is final when executed, unless the parent
248+whose consent is at issue, prior to issuance of the order appointing a SOUL
249+family legal permanency custodian, proves by clear and convincing
250+evidence that the consent was not freely and voluntarily given. The burden
251+of proving the consent was not freely and voluntarily given shall rest with
252+that parent.
253+(n) If a parent has consented to appointment of a SOUL family legal
254+permanency based upon a belief that the child's other parent would so
255+consent or be found unfit, and such other parent does not consent, the
256+consent shall be null and void.
257+(o) If a SOUL family legal permanency custodian is ordered after a
258+judicial finding of parental unfitness without a termination of parental
136259 rights, all parental rights transfer to the SOUL family legal permanency,
137260 except for:
138261 (1) The obligation to pay child support and medical support;
139262 (2) the right to inherit from the child; and
140263 (3) the right to consent to adoption of the child.
141-(p) If SOUL family legal permanency is ordered after termination
142-of parental rights, the parent retains no rights or responsibilities to the
143-child pursuant to the termination by the court.
264+(p) If SOUL family legal permanency is ordered after termination of
265+parental rights, the parent retains no rights or responsibilities to the child
266+pursuant to the termination by the court.
144267 (q) The court may recognize other individuals in addition to the
145268 individuals appointed by the court as the child's SOUL family legal
146269 permanency custodian, who shall testify to the court, with request and
147-approval by the child, that they will provide support as requested by
148-and agreed upon with the child and the SOUL family legal permanency
149-custodian. Such other individuals shall have no legal obligations or
150-rights related to the child pursuant to the court's recognition as set out
151-in this subsection.
270+approval by the child, that they will provide support as requested by and
271+agreed upon with the child and the SOUL family legal permanency
272+custodian. Such other individuals shall have no legal obligations or rights
273+related to the child pursuant to the court's recognition as set out in this
274+subsection.
152275 (r) All SOUL family legal permanency custodians acting in such
153276 capacity shall execute sworn documents related to the appointment
154277 confirming the custodian's willingness to serve as a SOUL family legal
155-permanency custodian and an order of the court. Such documents shall
156-be filed with the court.
157-(s) If SOUL family legal permanency custodians are married to
158-each other and, subsequent to the SOUL family legal permanency
159-appointment, are divorced, the marriage is annulled or the court orders
160-separate maintenance, the court shall make custody determinations
161-between the SOUL family legal permanency custodians.
278+permanency custodian and an order of the court. Such documents shall be
279+filed with the court.
280+(s) If SOUL family legal permanency custodians are married to each
281+other and, subsequent to the SOUL family legal permanency appointment,
282+are divorced, the marriage is annulled or the court orders separate
283+maintenance, the court shall make custody determinations between the
284+SOUL family legal permanency custodians.
162285 (t) A SOUL family legal permanency custodian shall consider
163286 whether the custodian will provide any rights of inheritance to the child
164-and medical power of attorney for the child for whom they were
165-appointed a SOUL family legal permanency custodian and separately
166-execute such agreements.
287+and medical power of attorney for the child for whom they were appointed
288+a SOUL family legal permanency custodian and separately execute such
289+agreements.
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167333 Sec. 2. K.S.A. 2023 Supp. 38-2202 is hereby amended to read as
168-follows: 38-2202. As used in the revised Kansas code for care of
169-children, unless the context otherwise indicates:
170-(a) "Abandon" or "abandonment" means to forsake, desert or,
171-without making appropriate provision for substitute care, cease
172-providing care for the child.
334+follows: 38-2202. As used in the revised Kansas code for care of children,
335+unless the context otherwise indicates:
336+(a) "Abandon" or "abandonment" means to forsake, desert or, without
337+making appropriate provision for substitute care, cease providing care for
338+the child.
173339 (b) "Adult correction facility" means any public or private facility,
174340 secure or nonsecure, that is used for the lawful custody of accused or
175341 convicted adult criminal offenders.
176342 (c) "Aggravated circumstances" means the abandonment, torture,
177-chronic abuse, sexual abuse or chronic, life threatening neglect of a
178-child.
179-(d) "Child in need of care" means a person less than 18 years of
180-age at the time of filing of the petition or issuance of an ex parte
181-protective custody order pursuant to K.S.A. 38-2242, and amendments
182-thereto, who:
183-(1) Is without adequate parental care, control or subsistence and HOUSE BILL No. 2536—page 4
184-the condition is not due solely to the lack of financial means of the
185-child's parents or other custodian;
343+chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
344+(d) "Child in need of care" means a person less than 18 years of age
345+at the time of filing of the petition or issuance of an ex parte protective
346+custody order pursuant to K.S.A. 38-2242, and amendments thereto, who:
347+(1) Is without adequate parental care, control or subsistence and the
348+condition is not due solely to the lack of financial means of the child's
349+parents or other custodian;
186350 (2) is without the care or control necessary for the child's physical,
187351 mental or emotional health;
188-(3) has been physically, mentally or emotionally abused or
189-neglected or sexually abused;
352+(3) has been physically, mentally or emotionally abused or neglected
353+or sexually abused;
190354 (4) has been placed for care or adoption in violation of law;
191355 (5) has been abandoned or does not have a known living parent;
192-(6) is not attending school as required by K.S.A. 72-3421 or 72-
193-3120, and amendments thereto;
194-(7) except in the case of a violation of K.S.A. 41-727, 74-8810(j),
195-79-3321(m) or (n), or K.S.A. 21-6301(a)(14), and amendments thereto,
196-or, except as provided in paragraph (12), does an act which, when
197-committed by a person under 18 years of age, is prohibited by state law,
198-city ordinance or county resolution, but which is not prohibited when
199-done by an adult;
200-(8) while less than 10 years of age, commits any act that if done
201-by an adult would constitute the commission of a felony or
202-misdemeanor as defined by K.S.A. 21-5102, and amendments thereto;
203-(9) is willfully and voluntarily absent from the child's home
204-without the consent of the child's parent or other custodian;
205-(10) is willfully and voluntarily absent at least a second time from
206-a court ordered or designated placement, or a placement pursuant to
207-court order, if the absence is without the consent of the person with
208-whom the child is placed or, if the child is placed in a facility, without
209-the consent of the person in charge of such facility or such person's
210-designee;
211-(11) has been residing in the same residence with a sibling or
212-another person under 18 years of age, who has been physically,
213-mentally or emotionally abused or neglected, or sexually abused;
214-(12) while less than 10 years of age commits the offense defined
215-in K.S.A. 21-6301(a)(14), and amendments thereto;
356+(6) is not attending school as required by K.S.A. 72-3421 or 72-3120,
357+and amendments thereto;
358+(7) except in the case of a violation of K.S.A. 41-727, 74-8810(j), 79-
359+3321(m) or (n), or K.S.A. 21-6301(a)(14), and amendments thereto, or,
360+except as provided in paragraph (12), does an act which, when committed
361+by a person under 18 years of age, is prohibited by state law, city
362+ordinance or county resolution, but which is not prohibited when done by
363+an adult;
364+(8) while less than 10 years of age, commits any act that if done by an
365+adult would constitute the commission of a felony or misdemeanor as
366+defined by K.S.A. 21-5102, and amendments thereto;
367+(9) is willfully and voluntarily absent from the child's home without
368+the consent of the child's parent or other custodian;
369+(10) is willfully and voluntarily absent at least a second time from a
370+court ordered or designated placement, or a placement pursuant to court
371+order, if the absence is without the consent of the person with whom the
372+child is placed or, if the child is placed in a facility, without the consent of
373+the person in charge of such facility or such person's designee;
374+(11) has been residing in the same residence with a sibling or another
375+person under 18 years of age, who has been physically, mentally or
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419+emotionally abused or neglected, or sexually abused;
420+(12) while less than 10 years of age commits the offense defined in
421+K.S.A. 21-6301(a)(14), and amendments thereto;
216422 (13) has had a permanent custodian appointed and the permanent
217423 custodian is no longer able or willing to serve; or
218424 (14) has been subjected to an act that would constitute human
219-trafficking or aggravated human trafficking, as defined by K.S.A. 21-
220-5426, and amendments thereto, or commercial sexual exploitation of a
221-child, as defined by K.S.A. 21-6422, and amendments thereto, or has
222-committed an act which, if committed by an adult, would constitute
223-selling sexual relations, as defined by K.S.A. 21-6419, and
224-amendments thereto.
225-(e) "Child abuse medical resource center" means a medical
226-institution affiliated with an accredited children's hospital or a
227-recognized institution of higher education that has an accredited
228-medical school program with board-certified child abuse pediatricians
229-who provide training, support, mentoring and peer review to CARE
230-providers on CARE exams.
425+trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426,
426+and amendments thereto, or commercial sexual exploitation of a child, as
427+defined by K.S.A. 21-6422, and amendments thereto, or has committed an
428+act which, if committed by an adult, would constitute selling sexual
429+relations, as defined by K.S.A. 21-6419, and amendments thereto.
430+(e) "Child abuse medical resource center" means a medical institution
431+affiliated with an accredited children's hospital or a recognized institution
432+of higher education that has an accredited medical school program with
433+board-certified child abuse pediatricians who provide training, support,
434+mentoring and peer review to CARE providers on CARE exams.
231435 (f) "Child abuse review and evaluation exam" or "CARE exam"
232436 means a forensic medical evaluation of a child alleged to be a victim of
233437 abuse or neglect conducted by a CARE provider.
234-(g) "Child abuse review and evaluation network" or "CARE
235-network" means a network of CARE providers, child abuse medical
236-resource centers and any medical provider associated with a child
237-advocacy center that has the ability to conduct a CARE exam that
238-collaborate to improve services provided to a child alleged to be a
239-victim of abuse or neglect.
438+(g) "Child abuse review and evaluation network" or "CARE network"
439+means a network of CARE providers, child abuse medical resource centers
440+and any medical provider associated with a child advocacy center that has
441+the ability to conduct a CARE exam that collaborate to improve services
442+provided to a child alleged to be a victim of abuse or neglect.
240443 (h) "Child abuse review and evaluation provider" or "CARE
241444 provider" means a person licensed to practice medicine and surgery,
242-advanced practice registered nurse or licensed physician assistant who HOUSE BILL No. 2536—page 5
243-performs CARE exams of and provides medical diagnosis and
244-treatment to a child alleged to be a victim of abuse or neglect and who
245-receives:
445+advanced practice registered nurse or licensed physician assistant who
446+performs CARE exams of and provides medical diagnosis and treatment to
447+a child alleged to be a victim of abuse or neglect and who receives:
246448 (1) Kansas-based initial intensive training regarding child
247449 maltreatment from the CARE network;
248450 (2) continuous trainings on child maltreatment from the CARE
249451 network; and
250452 (3) peer review and new provider mentoring regarding medical
251453 evaluations from a child abuse medical resource center.
252-(i) "Child abuse review and evaluation referral" or "CARE
253-referral" means a brief written review of allegations of physical abuse,
254-emotional abuse, medical neglect or physical neglect submitted by the
255-secretary or law enforcement agency to a child abuse medical resource
256-center for a recommendation of such child's need for medical care that
257-may include a CARE exam.
454+(i) "Child abuse review and evaluation referral" or "CARE referral"
455+means a brief written review of allegations of physical abuse, emotional
456+abuse, medical neglect or physical neglect submitted by the secretary or
457+law enforcement agency to a child abuse medical resource center for a
458+recommendation of such child's need for medical care that may include a
459+CARE exam.
258460 (j) "Citizen review board" is a group of community volunteers
259-appointed by the court and whose duties are prescribed by K.S.A. 38-
260-2207 and 38-2208, and amendments thereto.
261-(k) "Civil custody case" includes any case filed under chapter 23
262-of the Kansas Statutes Annotated, and amendments thereto, the Kansas
263-family law code, article 11 of chapter 38 of the Kansas Statutes
264-Annotated, and amendments thereto, determination of parentage, article
265-21 of chapter 59 of the Kansas Statutes Annotated, and amendments
266-thereto, adoption and relinquishment act, or article 30 of chapter 59 of
267-the Kansas Statutes Annotated, and amendments thereto, guardians and
268-conservators.
461+appointed by the court and whose duties are prescribed by K.S.A. 38-2207
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505+and 38-2208, and amendments thereto.
506+(k) "Civil custody case" includes any case filed under chapter 23 of
507+the Kansas Statutes Annotated, and amendments thereto, the Kansas
508+family law code, article 11 of chapter 38 of the Kansas Statutes Annotated,
509+and amendments thereto, determination of parentage, article 21 of chapter
510+59 of the Kansas Statutes Annotated, and amendments thereto, adoption
511+and relinquishment act, or article 30 of chapter 59 of the Kansas Statutes
512+Annotated, and amendments thereto, guardians and conservators.
269513 (l) "Court-appointed special advocate" means a responsible adult
270-other than an attorney guardian ad litem who is appointed by the court
271-to represent the best interests of a child, as provided in K.S.A. 38-2206,
272-and amendments thereto, in a proceeding pursuant to this code.
514+other than an attorney guardian ad litem who is appointed by the court to
515+represent the best interests of a child, as provided in K.S.A. 38-2206, and
516+amendments thereto, in a proceeding pursuant to this code.
273517 (m) "Custody" whether temporary, protective or legal, means the
274-status created by court order or statute that vests in a custodian, whether
275-an individual or an agency, the right to physical possession of the child
276-and the right to determine placement of the child, subject to restrictions
277-placed by the court.
278-(n) "Extended out of home placement" means a child has been in
279-the custody of the secretary and placed with neither parent for 15 of the
280-most recent 22 months beginning 60 days after the date at which a child
281-in the custody of the secretary was removed from the child's home.
282-(o) "Educational institution" means all schools at the elementary
283-and secondary levels.
284-(p) "Educator" means any administrator, teacher or other
285-professional or paraprofessional employee of an educational institution
286-who has exposure to a pupil specified in K.S.A. 72-6143(a), and
287-amendments thereto.
518+status created by court order or statute that vests in a custodian, whether an
519+individual or an agency, the right to physical possession of the child and
520+the right to determine placement of the child, subject to restrictions placed
521+by the court.
522+(n) "Extended out of home placement" means a child has been in the
523+custody of the secretary and placed with neither parent for 15 of the most
524+recent 22 months beginning 60 days after the date at which a child in the
525+custody of the secretary was removed from the child's home.
526+(o) "Educational institution" means all schools at the elementary and
527+secondary levels.
528+(p) "Educator" means any administrator, teacher or other professional
529+or paraprofessional employee of an educational institution who has
530+exposure to a pupil specified in K.S.A. 72-6143(a), and amendments
531+thereto.
288532 (q) "Harm" means physical or psychological injury or damage.
289533 (r) "Interested party" means the grandparent of the child, a person
290-with whom the child has been living for a significant period of time
291-when the child in need of care petition is filed, and any person made an
292-interested party by the court pursuant to K.S.A. 38-2241, and
293-amendments thereto, or Indian tribe seeking to intervene that is not a
294-party.
534+with whom the child has been living for a significant period of time when
535+the child in need of care petition is filed, and any person made an
536+interested party by the court pursuant to K.S.A. 38-2241, and amendments
537+thereto, or Indian tribe seeking to intervene that is not a party.
295538 (s) "Jail" means:
296539 (1) An adult jail or lockup; or
297-(2) a facility in the same building or on the same grounds as an
298-adult jail or lockup, unless the facility meets all applicable standards
299-and licensure requirements under law and there is: (A) Total separation
300-of the juvenile and adult facility spatial areas such that there could be
301-no haphazard or accidental contact between juvenile and adult residents HOUSE BILL No. 2536—page 6
302-in the respective facilities; (B) total separation in all juvenile and adult
303-program activities within the facilities, including recreation, education,
304-counseling, health care, dining, sleeping and general living activities;
305-and (C) separate juvenile and adult staff, including management,
306-security staff and direct care staff such as recreational, educational and
307-counseling.
540+(2) a facility in the same building or on the same grounds as an adult
541+jail or lockup, unless the facility meets all applicable standards and
542+licensure requirements under law and there is: (A) Total separation of the
543+juvenile and adult facility spatial areas such that there could be no
544+haphazard or accidental contact between juvenile and adult residents in the
545+respective facilities; (B) total separation in all juvenile and adult program
546+activities within the facilities, including recreation, education, counseling,
547+health care, dining, sleeping and general living activities; and (C) separate
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591+juvenile and adult staff, including management, security staff and direct
592+care staff such as recreational, educational and counseling.
308593 (t) "Juvenile detention facility" means any secure public or private
309594 facility used for the lawful custody of accused or adjudicated juvenile
310595 offenders that must not be a jail.
311596 (u) "Juvenile intake and assessment worker" means a responsible
312-adult authorized to perform intake and assessment services as part of
313-the intake and assessment system established pursuant to K.S.A. 75-
314-7023, and amendments thereto.
315-(v) "Kinship care placement" means the placement of a child in
316-the home of an adult with whom the child or the child's parent already
317-has close emotional ties.
597+adult authorized to perform intake and assessment services as part of the
598+intake and assessment system established pursuant to K.S.A. 75-7023, and
599+amendments thereto.
600+(v) "Kinship care placement" means the placement of a child in the
601+home of an adult with whom the child or the child's parent already has
602+close emotional ties.
318603 (w) "Kinship caregiver" means an adult who the secretary has
319-selected for placement for a child in need of care with whom the child
320-or the child's parent already has close emotional ties.
604+selected for placement for a child in need of care with whom the child or
605+the child's parent already has close emotional ties.
321606 (x) "Law enforcement officer" means any person who by virtue of
322607 office or public employment is vested by law with a duty to maintain
323-public order or to make arrests for crimes, whether that duty extends to
324-all crimes or is limited to specific crimes.
325-(y) "Multidisciplinary team" means a group of persons, appointed
326-by the court under K.S.A. 38-2228, and amendments thereto, that has
608+public order or to make arrests for crimes, whether that duty extends to all
609+crimes or is limited to specific crimes.
610+(y) "Multidisciplinary team" means a group of persons, appointed by
611+the court under K.S.A. 38-2228, and amendments thereto, that has
327612 knowledge of the circumstances of a child in need of care.
328-(z) "Neglect" means acts or omissions by a parent, guardian or
329-person responsible for the care of a child resulting in harm to a child, or
613+(z) "Neglect" means acts or omissions by a parent, guardian or person
614+responsible for the care of a child resulting in harm to a child, or
330615 presenting a likelihood of harm, and the acts or omissions are not due
331616 solely to the lack of financial means of the child's parents or other
332617 custodian. Neglect may include, but shall not be limited to:
333618 (1) Failure to provide the child with food, clothing or shelter
334619 necessary to sustain the life or health of the child;
335-(2) failure to provide adequate supervision of a child or to remove
336-a child from a situation that requires judgment or actions beyond the
337-child's level of maturity, physical condition or mental abilities and that
338-results in bodily injury or a likelihood of harm to the child; or
620+(2) failure to provide adequate supervision of a child or to remove a
621+child from a situation that requires judgment or actions beyond the child's
622+level of maturity, physical condition or mental abilities and that results in
623+bodily injury or a likelihood of harm to the child; or
339624 (3) failure to use resources available to treat a diagnosed medical
340625 condition if such treatment will make a child substantially more
341-comfortable, reduce pain and suffering, or correct or substantially
342-diminish a crippling condition from worsening. A parent legitimately
343-practicing religious beliefs who does not provide specified medical
344-treatment for a child because of religious beliefs shall, not for that
345-reason, be considered a negligent parent; however, this exception shall
346-not preclude a court from entering an order pursuant to K.S.A. 38-
347-2217(a)(2), and amendments thereto.
348-(aa) "Parent" when used in relation to a child or children, includes
349-a guardian and every person who is by law liable to maintain, care for
350-or support the child.
626+comfortable, reduce pain and suffering, or correct or substantially diminish
627+a crippling condition from worsening. A parent legitimately practicing
628+religious beliefs who does not provide specified medical treatment for a
629+child because of religious beliefs shall, not for that reason, be considered a
630+negligent parent; however, this exception shall not preclude a court from
631+entering an order pursuant to K.S.A. 38-2217(a)(2), and amendments
632+thereto.
633+(aa) "Parent" when used in relation to a child or children, includes a
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677+guardian and every person who is by law liable to maintain, care for or
678+support the child.
351679 (bb) "Party" means the state, the petitioner, the child, any parent of
352680 the child and an Indian child's tribe intervening pursuant to the Indian
353681 child welfare act.
354682 (cc) "Permanency goal" means the outcome of the permanency
355-planning process, which may be reintegration, adoption, appointment of
356-a permanent custodian, establishment of SOUL family legal
357-permanency or another planned permanent living arrangement.
358-(dd) "Permanent custodian" means a judicially approved
359-permanent guardian of a child pursuant to K.S.A. 38-2272, and
360-amendments thereto. HOUSE BILL No. 2536—page 7
683+planning process, which may be reintegration, adoption, appointment of a
684+permanent custodian, establishment of SOUL family legal permanency or
685+another planned permanent living arrangement.
686+(dd) "Permanent custodian" means a judicially approved permanent
687+guardian of a child pursuant to K.S.A. 38-2272, and amendments thereto.
361688 (ee) "Physical, mental or emotional abuse" means the infliction of
362-physical, mental or emotional harm or the causing of a deterioration of
363-a child and may include, but shall not be limited to, maltreatment or
689+physical, mental or emotional harm or the causing of a deterioration of a
690+child and may include, but shall not be limited to, maltreatment or
364691 exploiting a child to the extent that the child's health or emotional well-
365692 being is endangered.
366-(ff) "Placement" means the designation by the individual or
367-agency having custody of where and with whom the child will live.
693+(ff) "Placement" means the designation by the individual or agency
694+having custody of where and with whom the child will live.
368695 (gg) "Qualified residential treatment program" means a program
369696 designated by the secretary for children and families as a qualified
370697 residential treatment program pursuant to federal law.
371-(hh) "Reasonable and prudent parenting standard" means the
372-standard characterized by careful and sensible parental decisions that
373-maintain the health, safety and best interests of a child while at the
374-same time encouraging the emotional and developmental growth of the
375-child, that a caregiver shall use when determining whether to allow a
376-child in foster care under the responsibility of the state to participate in
377-extracurricular, enrichment, cultural and social activities.
378-(ii) "Relative" means a person related by blood, marriage or
379-adoption.
380-(jj) "Runaway" means a child who is willfully and voluntarily
381-absent from the child's home without the consent of the child's parent or
382-other custodian.
383-(kk) "Secretary" means the secretary for children and families or
384-the secretary's designee.
385-(ll) "Secure facility" means a facility, other than a staff secure
386-facility or juvenile detention facility, that is operated or structured so as
387-to ensure that all entrances and exits from the facility are under the
388-exclusive control of the staff of the facility, whether or not the person
389-being detained has freedom of movement within the perimeters of the
390-facility, or that relies on locked rooms and buildings, fences or physical
391-restraint in order to control behavior of its residents. No secure facility
392-shall be in a city or county jail.
393-(mm) "Sexual abuse" means any contact or interaction with a child
394-in which the child is being used for the sexual stimulation of the
395-perpetrator, the child or another person. Sexual abuse shall include, but
396-is not limited to, allowing, permitting or encouraging a child to:
397-(1) Be photographed, filmed or depicted in pornographic material;
398-or
698+(hh) "Reasonable and prudent parenting standard" means the standard
699+characterized by careful and sensible parental decisions that maintain the
700+health, safety and best interests of a child while at the same time
701+encouraging the emotional and developmental growth of the child, that a
702+caregiver shall use when determining whether to allow a child in foster
703+care under the responsibility of the state to participate in extracurricular,
704+enrichment, cultural and social activities.
705+(ii) "Relative" means a person related by blood, marriage or adoption.
706+(jj) "Runaway" means a child who is willfully and voluntarily absent
707+from the child's home without the consent of the child's parent or other
708+custodian.
709+(kk) "Secretary" means the secretary for children and families or the
710+secretary's designee.
711+(ll) "Secure facility" means a facility, other than a staff secure facility
712+or juvenile detention facility, that is operated or structured so as to ensure
713+that all entrances and exits from the facility are under the exclusive control
714+of the staff of the facility, whether or not the person being detained has
715+freedom of movement within the perimeters of the facility, or that relies on
716+locked rooms and buildings, fences or physical restraint in order to control
717+behavior of its residents. No secure facility shall be in a city or county jail.
718+(mm) "Sexual abuse" means any contact or interaction with a child in
719+which the child is being used for the sexual stimulation of the perpetrator,
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763+the child or another person. Sexual abuse shall include, but is not limited
764+to, allowing, permitting or encouraging a child to:
765+(1) Be photographed, filmed or depicted in pornographic material; or
399766 (2) be subjected to aggravated human trafficking, as defined in
400-K.S.A. 21-5426(b), and amendments thereto, if committed in whole or
401-in part for the purpose of the sexual gratification of the offender or
402-another, or be subjected to an act that would constitute conduct
403-proscribed by article 55 of chapter 21 of the Kansas Statutes Annotated
404-or K.S.A. 21-6419 or 21-6422, and amendments thereto.
405-(nn) "Shelter facility" means any public or private facility or
406-home, other than a juvenile detention facility or staff secure facility,
407-that may be used in accordance with this code for the purpose of
408-providing either temporary placement for children in need of care prior
409-to the issuance of a dispositional order or longer term care under a
410-dispositional order.
767+K.S.A. 21-5426(b), and amendments thereto, if committed in whole or in
768+part for the purpose of the sexual gratification of the offender or another,
769+or be subjected to an act that would constitute conduct proscribed by
770+article 55 of chapter 21 of the Kansas Statutes Annotated or K.S.A. 21-
771+6419 or 21-6422, and amendments thereto.
772+(nn) "Shelter facility" means any public or private facility or home,
773+other than a juvenile detention facility or staff secure facility, that may be
774+used in accordance with this code for the purpose of providing either
775+temporary placement for children in need of care prior to the issuance of a
776+dispositional order or longer term care under a dispositional order.
411777 (oo) "Support, opportunity, unity, legal relationships family legal
412-permanency" or "SOUL family legal permanency" means the
413-appointment of one or more adults, approved by a child who is 16
414-years of age or older and the subject of a child in need of care
415-proceeding, pursuant to section 1, and amendments thereto.
416-(pp) "Staff secure facility" means a facility described in K.S.A.
417-65-535, and amendments thereto: (1) That does not include
418-construction features designed to physically restrict the movements and
419-activities of juvenile residents who are placed therein; (2) that may HOUSE BILL No. 2536—page 8
420-establish reasonable rules restricting entrance to and egress from the
421-facility; and (3) in which the movements and activities of individual
422-juvenile residents may, for treatment purposes, be restricted or subject
423-to control through the use of intensive staff supervision. No staff secure
424-facility shall be in a city or county jail.
425-(pp)(qq) "Transition plan" means, when used in relation to a youth
426-in the custody of the secretary, an individualized strategy for the
427-provision of medical, mental health, education, employment and
428-housing supports as needed for the adult and, if applicable, for any
429-minor child of the adult, to live independently and specifically provides
430-for the supports and any services for which an adult with a disability is
431-eligible including, but not limited to, funding for home and community
432-based services waivers.
433-(qq)(rr) "Youth residential facility" means any home, foster home
434-or structure that provides 24-hour-a-day care for children and that is
435-licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
436-Annotated, and amendments thereto.
437-(ss) "Behavioral health crisis" means behavioral and conduct
438-issues that impact the safety or health of a child, members of the child's
778+permanency" or "SOUL family legal permanency" means the appointment
779+of one or more adults, approved by a child who is 16 years of age or older
780+and the subject of a child in need of care proceeding, pursuant to section
781+1, and amendments thereto.
782+(pp) "Staff secure facility" means a facility described in K.S.A. 65-
783+535, and amendments thereto: (1) That does not include construction
784+features designed to physically restrict the movements and activities of
785+juvenile residents who are placed therein; (2) that may establish reasonable
786+rules restricting entrance to and egress from the facility; and (3) in which
787+the movements and activities of individual juvenile residents may, for
788+treatment purposes, be restricted or subject to control through the use of
789+intensive staff supervision. No staff secure facility shall be in a city or
790+county jail.
791+(pp)(qq) "Transition plan" means, when used in relation to a youth in
792+the custody of the secretary, an individualized strategy for the provision of
793+medical, mental health, education, employment and housing supports as
794+needed for the adult and, if applicable, for any minor child of the adult, to
795+live independently and specifically provides for the supports and any
796+services for which an adult with a disability is eligible including, but not
797+limited to, funding for home and community based services waivers.
798+(qq)(rr) "Youth residential facility" means any home, foster home or
799+structure that provides 24-hour-a-day care for children and that is licensed
800+pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and
801+amendments thereto.
802+(ss) "Behavioral health crisis" means behavioral and conduct issues
803+that impact the safety or health of a child, members of the child's
439804 household or family or members of the community, including, but not
440805 limited to, non-life threatening mental health and substance abuse
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441849 concerns.
442850 Sec. 3. K.S.A. 2023 Supp. 38-2203 is hereby amended to read as
443851 follows: 38-2203. (a) Proceedings concerning any child who may be a
444852 child in need of care shall be governed by this code, except in those
445-instances when the court knows or has reason to know that an Indian
446-child is involved in the proceeding, in which case, the Indian child
447-welfare act of 1978, 25 U.S.C. § 1901 et seq., applies. The Indian child
448-welfare act may apply to: The filing to initiate a child in need of care
449-proceeding, K.S.A. 38-2234, and amendments thereto; ex parte custody
450-orders, K.S.A. 38-2242, and amendments thereto; temporary custody
451-hearing, K.S.A. 38-2243, and amendments thereto; adjudication,
452-K.S.A. 38-2247, and amendments thereto; burden of proof, K.S.A. 38-
453-2250, and amendments thereto; disposition, K.S.A. 38-2255, and
454-amendments thereto; permanency hearings, K.S.A. 38-2264, and
455-amendments thereto; termination of parental rights, K.S.A. 38-2267,
456-38-2268 and 38-2269, and amendments thereto; establishment of
457-permanent custodianship, K.S.A. 38-2268 and 38-2272, and
458-amendments thereto; establishment of SOUL family legal permanency,
459-section 1, and amendments thereto; the newborn infant protection act,
460-K.S.A. 38-2282, and amendments thereto; the Representative Gail
461-Finney memorial foster care bill of rights, K.S.A. 2023 Supp. 38-
462-2201a, and amendments thereto; the placement of a child in any foster,
463-pre-adoptive and adoptive home and the placement of a child in a
464-guardianship arrangement under article 30 of chapter 59 of the Kansas
853+instances when the court knows or has reason to know that an Indian child
854+is involved in the proceeding, in which case, the Indian child welfare act of
855+1978, 25 U.S.C. § 1901 et seq., applies. The Indian child welfare act may
856+apply to: The filing to initiate a child in need of care proceeding, K.S.A.
857+38-2234, and amendments thereto; ex parte custody orders, K.S.A. 38-
858+2242, and amendments thereto; temporary custody hearing, K.S.A. 38-
859+2243, and amendments thereto; adjudication, K.S.A. 38-2247, and
860+amendments thereto; burden of proof, K.S.A. 38-2250, and amendments
861+thereto; disposition, K.S.A. 38-2255, and amendments thereto;
862+permanency hearings, K.S.A. 38-2264, and amendments thereto;
863+termination of parental rights, K.S.A. 38-2267, 38-2268 and 38-2269, and
864+amendments thereto; establishment of permanent custodianship, K.S.A.
865+38-2268 and 38-2272, and amendments thereto; establishment of SOUL
866+family legal permanency, section 1, and amendments thereto; the newborn
867+infant protection act, K.S.A. 38-2282, and amendments thereto; the
868+Representative Gail Finney memorial foster care bill of rights, K.S.A.
869+2023 Supp. 38-2201a, and amendments thereto; the placement of a child in
870+any foster, pre-adoptive and adoptive home and the placement of a child in
871+a guardianship arrangement under article 30 of chapter 59 of the Kansas
465872 Statutes Annotated, and amendments thereto.
466-(b) Subject to the uniform child custody jurisdiction and
467-enforcement act, K.S.A. 23-37,101 through 23-37,405, and
468-amendments thereto, the district court shall have original jurisdiction of
469-proceedings pursuant to this code.
873+(b) Subject to the uniform child custody jurisdiction and enforcement
874+act, K.S.A. 23-37,101 through 23-37,405, and amendments thereto, the
875+district court shall have original jurisdiction of proceedings pursuant to
876+this code.
470877 (c) The court acquires jurisdiction over a child by the filing of a
471878 petition pursuant to this code or upon issuance of an ex parte order
472879 pursuant to K.S.A. 38-2242, and amendments thereto. When the court
473-acquires jurisdiction over a child in need of care, jurisdiction may
474-continue until the child has:
475-(1) Become 18 years of age, or until June 1 of the school year
476-during which the child became 18 years of age if the child is still
477-attending high school unless there is no court approved transition plan,
478-in which event jurisdiction may continue until a transition plan is HOUSE BILL No. 2536—page 9
479-approved by the court or until the child reaches the age of 21;
880+acquires jurisdiction over a child in need of care, jurisdiction may continue
881+until the child has:
882+(1) Become 18 years of age, or until June 1 of the school year during
883+which the child became 18 years of age if the child is still attending high
884+school unless there is no court approved transition plan, in which event
885+jurisdiction may continue until a transition plan is approved by the court or
886+until the child reaches the age of 21;
480887 (2) been adopted; or
481-(3) SOUL family legal permanency as ordered by the court
482-pursuant to section 1, and amendments thereto, and such jurisdiction
483-may continue until the child has reached 18 years of age, or until June
484-1 of the school year during which the child reached 18 years of age if
485-the child is still attending high school; or
888+(3) SOUL family legal permanency has been ordered by the court
889+pursuant to section 1, and amendments thereto, and such jurisdiction may
890+continue until the child has reached 18 years of age, or until June 1 of the
891+school year during which the child reached 18 years of age if the child is
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935+still attending high school; or
486936 (4) been discharged by the court.
487-(d) Any child 18 years of age or over may request, in writing to
488-the court, that the jurisdiction of the court cease. The court shall give
489-notice of the request to all parties and interested parties and 30 days
490-after receipt of the request, jurisdiction will cease.
937+(d) Any child 18 years of age or over may request, in writing to the
938+court, that the jurisdiction of the court cease. The court shall give notice of
939+the request to all parties and interested parties and 30 days after receipt of
940+the request, jurisdiction will cease.
491941 (d)(e) When it is no longer appropriate for the court to exercise
492-jurisdiction over a child, the court, upon its own motion or the motion
493-of a party or interested party at a hearing or upon agreement of all
494-parties or interested parties, shall enter an order discharging the child.
495-Except upon request of the child pursuant to subsection (c)(d), the court
496-shall not enter an order discharging a child until June 1 of the school
497-year during which the child becomes 18 years of age if the child is in an
498-out-of-home placement, is still attending high school and has not
499-completed the child's high school education.
500-(e)(f) When a petition is filed under this code, a person who is
501-alleged to be under 18 years of age shall be presumed to be under that
502-age for the purposes of this code, unless the contrary is proved.
942+jurisdiction over a child, the court, upon its own motion or the motion of a
943+party or interested party at a hearing or upon agreement of all parties or
944+interested parties, shall enter an order discharging the child. Except upon
945+request of the child pursuant to subsection (c)(d), the court shall not enter
946+an order discharging a child until June 1 of the school year during which
947+the child becomes 18 years of age if the child is in an out-of-home
948+placement, is still attending high school and has not completed the child's
949+high school education.
950+(e)(f) When a petition is filed under this code, a person who is alleged
951+to be under 18 years of age shall be presumed to be under that age for the
952+purposes of this code, unless the contrary is proved.
503953 (f)(g) A court's order issued in a proceeding pursuant to this code,
504954 shall take precedence over such orders in a civil custody case, a
505955 proceeding under article 31 of chapter 60 of the Kansas Statutes
506956 Annotated, and amendments thereto, protection from abuse act, or a
507-comparable case in another jurisdiction, except as provided by K.S.A.
508-23-37,101 through 23-37,405, and amendments thereto, uniform child
509-custody jurisdiction and enforcement act.
957+comparable case in another jurisdiction, except as provided by K.S.A. 23-
958+37,101 through 23-37,405, and amendments thereto, uniform child custody
959+jurisdiction and enforcement act.
510960 Sec. 4. K.S.A. 38-2234 is hereby amended to read as follows: 38-
511-2234. (a) Filing and contents of petition. (1) A petition filed to
512-commence an action pursuant to this code shall be filed with the clerk
513-of the district court and shall state, if known:
961+2234. (a) Filing and contents of petition. (1) A petition filed to commence
962+an action pursuant to this code shall be filed with the clerk of the district
963+court and shall state, if known:
514964 (A) The name, date of birth and residence address of the child;
515965 (B) the name and residence address of the child's parents;
516-(C) the name and address of the child's nearest known relative if
517-no parent can be found;
518-(D) the name and residence address of any persons having custody
519-or control of the child; and
520-(E) plainly and concisely in the language of the statutory
521-definition, the basis for the petition.
522-(2) The petition shall also state the specific facts that are relied
523-upon to support the allegation referred to in the preceding paragraph
524-including any known dates, times and locations.
966+(C) the name and address of the child's nearest known relative if no
967+parent can be found;
968+(D) the name and residence address of any persons having custody or
969+control of the child; and
970+(E) plainly and concisely in the language of the statutory definition,
971+the basis for the petition.
972+(2) The petition shall also state the specific facts that are relied upon
973+to support the allegation referred to in the preceding paragraph including
974+any known dates, times and locations.
525975 (3) The proceedings shall be entitled: "In the Interest of
526976 ______________."
527-(4) The petition shall contain a request that the court find the child
528-to be a child in need of care.
529-(5) The petition shall contain a request that the parent or parents
530-be ordered to pay child support. The request for child support may be
531-omitted with respect to a parent already ordered to pay child support for
532-the child and shall be omitted with respect to one or both parents upon
533-written request of the secretary.
977+(4) The petition shall contain a request that the court find the child to
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1021+be a child in need of care.
1022+(5) The petition shall contain a request that the parent or parents be
1023+ordered to pay child support. The request for child support may be omitted
1024+with respect to a parent already ordered to pay child support for the child
1025+and shall be omitted with respect to one or both parents upon written
1026+request of the secretary.
5341027 (6) If the petition requests custody of the child to the secretary or a
5351028 person other than the child's parent, the petition shall specify the efforts
5361029 known to the petitioner to have been made to maintain the family and
537-prevent the transfer of custody, or it shall specify the facts HOUSE BILL No. 2536—page 10
538-demonstrating that an emergency exists which threatens the safety to
539-the child.
540-(7) If the petition requests removal of the child from the child's
541-home, in addition to the information required by K.S.A. 38-2234(a)(6),
542-and amendments thereto, the petition shall specify the facts
543-demonstrating that allowing the child to remain in the home would be
544-contrary to the welfare of the child or that placement is in the best
545-interests of the child and the child is likely to sustain harm if not
546-removed from the home.
547-(8) The petition shall have an attached copy of the prevention
548-plan, if any, that has been prepared for the child.
549-(9) The petition shall contain the following statement: "If you do
550-not appear in court the court will be making decisions without your
551-input which could result in:
1030+prevent the transfer of custody, or it shall specify the facts demonstrating
1031+that an emergency exists which threatens the safety to the child.
1032+(7) If the petition requests removal of the child from the child's home,
1033+in addition to the information required by K.S.A. 38-2234 (a)(6), and
1034+amendments thereto, the petition shall specify the facts demonstrating that
1035+allowing the child to remain in the home would be contrary to the welfare
1036+of the child or that placement is in the best interests of the child and the
1037+child is likely to sustain harm if not removed from the home.
1038+(8) The petition shall have an attached copy of the prevention plan, if
1039+any, that has been prepared for the child.
1040+(9) The petition shall contain the following statement: "If you do not
1041+appear in court the court will be making decisions without your input
1042+which could result in:
5521043 (A) The permanent or temporary removal of the child from the
5531044 custody of the parent or present legal guardian;
554-(B) an order requiring one or both parents to pay child support
555-until the permanent termination of one or both of the parents' parental
556-rights;
557-(C) the permanent termination of one or both of the parents'
558-parental rights; and
559-(D) the appointment of a SOUL family legal permanency
560-custodian for the child; and
1045+(B) an order requiring one or both parents to pay child support until
1046+the permanent termination of one or both of the parents' parental rights;
1047+(C) the permanent termination of one or both of the parents' parental
1048+rights; and
1049+(D) the appointment of a SOUL family legal permanency custodian
1050+for the child; and
5611051 (E) the appointment of a permanent custodian for the child.
562-If you cannot attend the hearing you may send a written response to
563-the petition to the clerk of the court."
1052+If you cannot attend the hearing you may send a written response to the
1053+petition to the clerk of the court."
5641054 (10) The petition shall contain the following statement: "You may
5651055 receive further notices of other hearings, proceedings and actions in this
566-case which you may attend. These notices will be sent to you by first
567-class mail to your last known address or an address you provide to the
568-court. It is your responsibility to keep the court informed of your
569-current address."
570-(b) Motions. Motions may be made orally or in writing. The
571-motion shall state with particularity the grounds for the motion and
572-shall state the relief or order sought.
1056+case which you may attend. These notices will be sent to you by first class
1057+mail to your last known address or an address you provide to the court. It
1058+is your responsibility to keep the court informed of your current address."
1059+(b) Motions. Motions may be made orally or in writing. The motion
1060+shall state with particularity the grounds for the motion and shall state the
1061+relief or order sought.
5731062 Sec. 5. K.S.A. 2023 Supp. 38-2255 is hereby amended to read as
5741063 follows: 38-2255. (a) Considerations. Prior to entering an order of
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5751107 disposition, the court shall give consideration to:
5761108 (1) The child's physical, mental and emotional condition;
5771109 (2) the child's need for assistance;
578-(3) the manner in which the parent participated in the abuse,
579-neglect or abandonment of the child;
580-(4) any relevant information from the intake and assessment
581-process; and
1110+(3) the manner in which the parent participated in the abuse, neglect
1111+or abandonment of the child;
1112+(4) any relevant information from the intake and assessment process;
1113+and
5821114 (5) the evidence received at the dispositional hearing.
5831115 (b) Custody with a parent. The court may place the child in the
5841116 custody of either of the child's parents subject to terms and conditions
585-which the court prescribes to assure the proper care and protection of
586-the child, including, but not limited to:
587-(1) Supervision of the child and the parent by a court services
588-officer;
1117+which the court prescribes to assure the proper care and protection of the
1118+child, including, but not limited to:
1119+(1) Supervision of the child and the parent by a court services officer;
5891120 (2) participation by the child and the parent in available programs
5901121 operated by an appropriate individual or agency; and
591-(3) any special treatment or care which the child needs for the
592-child's physical, mental or emotional health and safety.
593-(c) Removal of a child from custody of a parent. The court shall
594-not enter the initial order removing a child from the custody of a parent
1122+(3) any special treatment or care which the child needs for the child's
1123+physical, mental or emotional health and safety.
1124+(c) Removal of a child from custody of a parent. The court shall not
1125+enter the initial order removing a child from the custody of a parent
5951126 pursuant to this section unless the court first finds probable cause that:
596-(1) (A) The child is likely to sustain harm if not immediately HOUSE BILL No. 2536—page 11
597-removed from the home;
598-(B) allowing the child to remain in home is contrary to the welfare
599-of the child; or
1127+(1) (A) The child is likely to sustain harm if not immediately removed
1128+from the home;
1129+(B) allowing the child to remain in home is contrary to the welfare of
1130+the child; or
6001131 (C) immediate placement of the child is in the best interest of the
6011132 child; and
602-(2) reasonable efforts have been made to maintain the family unit
603-and prevent the unnecessary removal of the child from the child's home
604-or that an emergency exists which that threatens the safety to the child.
605-The court shall not enter an order removing a child from the custody
606-of a parent pursuant to this section based solely on the finding that the
607-parent is homeless.
1133+(2) reasonable efforts have been made to maintain the family unit and
1134+prevent the unnecessary removal of the child from the child's home or that
1135+an emergency exists which that threatens the safety to the child.
1136+The court shall not enter an order removing a child from the custody of
1137+a parent pursuant to this section based solely on the finding that the parent
1138+is homeless.
6081139 (d) Custody of a child removed from the custody of a parent. If the
6091140 court has made the findings required by subsection (c), the court shall
610-enter an order awarding custody to: A relative of the child or to a
611-person with whom the child has close emotional ties who shall not be
612-required to be licensed under article 5 of chapter 65 of the Kansas
613-Statutes Annotated, and amendments thereto; any other suitable person;
614-a shelter facility; a youth residential facility; a staff secure facility,
615-notwithstanding any other provision of law, if the child has been
616-subjected to human trafficking or aggravated human trafficking, as
617-defined by K.S.A. 21-5426, and amendments thereto, or commercial
618-sexual exploitation of a child, as defined by K.S.A. 21-6422, and
619-amendments thereto, or the child committed an act which, if committed
620-by an adult, would constitute a violation of K.S.A. 21-6419, and
621-amendments thereto; or, if the child is 15 years of age or younger, or 16
622-or 17 years of age if the child has no identifiable parental or family
623-resources or shows signs of physical, mental, emotional or sexual
624-abuse, to the secretary. Custody awarded under this subsection shall
625-continue until further order of the court.
1141+enter an order awarding custody to: A relative of the child or to a person
1142+with whom the child has close emotional ties who shall not be required to
1143+be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated,
1144+and amendments thereto; any other suitable person; a shelter facility; a
1145+youth residential facility; a staff secure facility, notwithstanding any other
1146+provision of law, if the child has been subjected to human trafficking or
1147+aggravated human trafficking, as defined by K.S.A. 21-5426, and
1148+amendments thereto, or commercial sexual exploitation of a child, as
1149+defined by K.S.A. 21-6422, and amendments thereto, or the child
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1193+committed an act which, if committed by an adult, would constitute a
1194+violation of K.S.A. 21-6419, and amendments thereto; or, if the child is 15
1195+years of age or younger, or 16 or 17 years of age if the child has no
1196+identifiable parental or family resources or shows signs of physical,
1197+mental, emotional or sexual abuse, to the secretary. Custody awarded
1198+under this subsection shall continue until further order of the court.
6261199 (1) When custody is awarded to the secretary, the secretary shall
627-consider any placement recommendation by the court and notify the
628-court of the placement or proposed placement of the child within 10
629-days of the order awarding custody. After providing the parties or
630-interested parties notice and opportunity to be heard, the court may
631-determine whether the secretary's placement or proposed placement is
632-contrary to the welfare or in the best interests of the child. In making
633-that determination the court shall consider the health and safety needs
634-of the child and the resources available to meet the needs of children in
635-the custody of the secretary. If the court determines that the placement
636-or proposed placement is contrary to the welfare or not in the best
637-interests of the child, the court shall notify the secretary, who shall then
638-make an alternative placement.
1200+consider any placement recommendation by the court and notify the court
1201+of the placement or proposed placement of the child within 10 days of the
1202+order awarding custody. After providing the parties or interested parties
1203+notice and opportunity to be heard, the court may determine whether the
1204+secretary's placement or proposed placement is contrary to the welfare or
1205+in the best interests of the child. In making that determination the court
1206+shall consider the health and safety needs of the child and the resources
1207+available to meet the needs of children in the custody of the secretary. If
1208+the court determines that the placement or proposed placement is contrary
1209+to the welfare or not in the best interests of the child, the court shall notify
1210+the secretary, who shall then make an alternative placement.
6391211 (2) The custodian designated under this subsection shall notify the
6401212 court in writing at least 10 days prior to any planned placement with a
641-parent. The written notice shall state the basis for the custodian's belief
642-that placement with a parent is no longer contrary to the welfare or best
643-interest of the child. Upon reviewing the notice, the court may allow
644-the custodian to proceed with the planned placement or may set the
645-date for a hearing to determine if the child shall be allowed to return
646-home. If the court sets a hearing on the matter, the custodian shall not
647-return the child home without written consent of the court.
648-(3) The court may grant any person reasonable rights to visit the
649-child upon motion of the person and a finding that the visitation rights
650-would be in the best interests of the child.
651-(4) The court may enter an order restraining any alleged
652-perpetrator of physical, mental or emotional abuse or sexual abuse of
653-the child from: Residing in the child's home; visiting, contacting,
654-harassing or intimidating the child, other family member or witness; or
655-attempting to visit, contact, harass or intimidate the child, other family HOUSE BILL No. 2536—page 12
656-member or witness. Such restraining order shall be served by personal
657-service pursuant to K.S.A. 38-2237(a), and amendments thereto, on any
658-alleged perpetrator to whom the order is directed.
1213+parent. The written notice shall state the basis for the custodian's belief that
1214+placement with a parent is no longer contrary to the welfare or best interest
1215+of the child. Upon reviewing the notice, the court may allow the custodian
1216+to proceed with the planned placement or may set the date for a hearing to
1217+determine if the child shall be allowed to return home. If the court sets a
1218+hearing on the matter, the custodian shall not return the child home without
1219+written consent of the court.
1220+(3) The court may grant any person reasonable rights to visit the child
1221+upon motion of the person and a finding that the visitation rights would be
1222+in the best interests of the child.
1223+(4) The court may enter an order restraining any alleged perpetrator
1224+of physical, mental or emotional abuse or sexual abuse of the child from:
1225+Residing in the child's home; visiting, contacting, harassing or intimidating
1226+the child, other family member or witness; or attempting to visit, contact,
1227+harass or intimidate the child, other family member or witness. Such
1228+restraining order shall be served by personal service pursuant to K.S.A.
1229+38-2237(a), and amendments thereto, on any alleged perpetrator to whom
1230+the order is directed.
6591231 (5) The court shall provide a copy of any orders entered within 10
6601232 days of entering the order to the custodian designated under this
6611233 subsection.
662-(e) Further determinations regarding a child removed from the
663-home. If custody has been awarded under subsection (d) to a person
664-other than a parent, a permanency plan shall be provided or prepared
665-pursuant to K.S.A. 38-2264, and amendments thereto. If a permanency
666-plan is provided at the dispositional hearing, the court may determine
667-whether reintegration is a viable alternative or, if reintegration is not a
668-viable alternative, whether the child should be placed for adoption or, a
1234+(e) Further determinations regarding a child removed from the home.
1235+If custody has been awarded under subsection (d) to a person other than a
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1279+parent, a permanency plan shall be provided or prepared pursuant to
1280+K.S.A. 38-2264, and amendments thereto. If a permanency plan is
1281+provided at the dispositional hearing, the court may determine whether
1282+reintegration is a viable alternative or, if reintegration is not a viable
1283+alternative, whether the child should be placed for adoption or, a
6691284 permanent custodian appointed or a SOUL family legal permanency
6701285 custodian appointed. In determining whether reintegration is a viable
6711286 alternative, the court shall consider:
6721287 (1) Whether a parent has been found by a court to have committed
6731288 one of the following crimes or to have violated the law of another state
674-prohibiting such crimes or to have aided and abetted, attempted,
675-conspired or solicited the commission of one of these crimes: (A)
676-Murder in the first degree, K.S.A. 21-3401, prior to its repeal, or
677-K.S.A. 21-5402, and amendments thereto; (B) murder in the second
678-degree, K.S.A. 21-3402, prior to its repeal, or K.S.A. 21-5403, and
679-amendments thereto; (C) capital murder, K.S.A. 21-3439, prior to its
680-repeal, or K.S.A. 21-5401, and amendments thereto; (D) voluntary
681-manslaughter, K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404,
682-and amendments thereto; or (E) a felony battery that resulted in bodily
683-injury;
1289+prohibiting such crimes or to have aided and abetted, attempted, conspired
1290+or solicited the commission of one of these crimes: (A) Murder in the first
1291+degree, K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and
1292+amendments thereto; (B) murder in the second degree, K.S.A. 21-3402,
1293+prior to its repeal, or K.S.A. 21-5403, and amendments thereto; (C) capital
1294+murder, K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and
1295+amendments thereto; (D) voluntary manslaughter, K.S.A. 21-3403, prior to
1296+its repeal, or K.S.A. 21-5404, and amendments thereto; or (E) a felony
1297+battery that resulted in bodily injury;
6841298 (2) whether a parent has subjected the child or another child to
6851299 aggravated circumstances;
686-(3) whether a parent has previously been found to be an unfit
687-parent in proceedings under this code or in comparable proceedings
688-under the laws of another state or the federal government;
1300+(3) whether a parent has previously been found to be an unfit parent
1301+in proceedings under this code or in comparable proceedings under the
1302+laws of another state or the federal government;
6891303 (4) whether the child has been in the custody of the secretary and
690-placed with neither parent for 15 of the most recent 22 months
691-beginning 60 days after the date on which a child in the secretary's
692-custody was removed from the child's home;
1304+placed with neither parent for 15 of the most recent 22 months beginning
1305+60 days after the date on which a child in the secretary's custody was
1306+removed from the child's home;
6931307 (5) whether the parents have failed to work diligently toward
6941308 reintegration;
6951309 (6) whether the secretary has provided the family with services
6961310 necessary for the safe return of the child to the home; and
697-(7) whether it is reasonable to expect reintegration to occur within
698-a time frame consistent with the child's developmental needs.
699-(f) Proceedings if reintegration is not a viable alternative. If the
700-court determines that reintegration is not a viable alternative,
701-proceedings to terminate parental rights and permit placement of the
702-child for adoption or appointment of a permanent custodian or a SOUL
703-family legal permanency custodian shall be initiated unless the court
704-finds that compelling reasons have been documented in the case plan
705-why adoption or appointment of a permanent custodian or a SOUL
706-family legal permanency custodian would not be in the best interests of
707-the child. If compelling reasons have not been documented, the county
708-or district attorney shall file a motion within 30 days to terminate
709-parental rights or a motion to appoint a permanent custodian or SOUL
710-family legal permanency custodian pursuant to section 1, and
711-amendments thereto, within 30 days and the court shall hold a hearing
712-on the motion within 90 days of its filing. No hearing is required when
713-the parents voluntarily relinquish parental rights or consent to the
714-appointment of a permanent custodian or a SOUL family legal HOUSE BILL No. 2536—page 13
715-permanency custodian.
1311+(7) whether it is reasonable to expect reintegration to occur within a
1312+time frame consistent with the child's developmental needs.
1313+(f) Proceedings if reintegration is not a viable alternative. If the court
1314+determines that reintegration is not a viable alternative, proceedings to
1315+terminate parental rights and permit placement of the child for adoption or
1316+appointment of a permanent custodian or a SOUL family legal
1317+permanency custodian shall be initiated unless the court finds that
1318+compelling reasons have been documented in the case plan why adoption
1319+or appointment of a permanent custodian or a SOUL family legal
1320+permanency custodian would not be in the best interests of the child. If
1321+compelling reasons have not been documented, the county or district
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1365+attorney shall file a motion within 30 days to terminate parental rights or a
1366+motion to appoint a permanent custodian or SOUL family legal
1367+permanency custodian pursuant to section 1, and amendments thereto,
1368+within 30 days and the court shall hold a hearing on the motion within 90
1369+days of its filing. No hearing is required when the parents voluntarily
1370+relinquish parental rights or consent to the appointment of a permanent
1371+custodian or a SOUL family legal permanency custodian.
7161372 (g) Additional orders. In addition to or in lieu of any other order
7171373 authorized by this section:
7181374 (1) The court may order the child and the parents of any child who
719-has been adjudicated a child in need of care to attend counseling
720-sessions as the court directs. The expense of the counseling may be
721-assessed as an expense in the case. No mental health provider shall
722-charge a greater fee for court-ordered counseling than the provider
723-would have charged to the person receiving counseling if the person
724-had requested counseling on the person's own initiative.
1375+has been adjudicated a child in need of care to attend counseling sessions
1376+as the court directs. The expense of the counseling may be assessed as an
1377+expense in the case. No mental health provider shall charge a greater fee
1378+for court-ordered counseling than the provider would have charged to the
1379+person receiving counseling if the person had requested counseling on the
1380+person's own initiative.
7251381 (2) If the court has reason to believe that a child is before the court
7261382 due, in whole or in part, to the use or misuse of alcohol or a violation of
727-K.S.A. 21-5701 through 21-5717, and amendments thereto, by the
728-child, a parent of the child, or another person responsible for the care of
729-the child, the court may order the child, parent of the child or other
730-person responsible for the care of the child to submit to and complete
731-an alcohol and drug evaluation by a qualified person or agency and
732-comply with any recommendations. If the evaluation is performed by a
733-community-based alcohol and drug safety program certified pursuant to
734-K.S.A. 8-1008, and amendments thereto, the child, parent of the child
735-or other person responsible for the care of the child shall pay a fee not
736-to exceed the fee established by that statute. If the court finds that the
737-child and those legally liable for the child's support are indigent, the fee
738-may be waived. In no event shall the fee be assessed against the
739-secretary.
740-(3) If child support has been requested and the parent or parents
741-have a duty to support the child, the court may order one or both
742-parents to pay child support and, when custody is awarded to the
743-secretary, the court shall order one or both parents to pay child support.
744-The court shall determine, for each parent separately, whether the
745-parent is already subject to an order to pay support for the child. If the
746-parent is not presently ordered to pay support for any child who is
747-subject to the jurisdiction of the court and the court has personal
748-jurisdiction over the parent, the court shall order the parent to pay child
749-support in an amount determined under K.S.A. 38-2277, and
750-amendments thereto. Except for good cause shown, the court shall issue
751-an immediate income withholding order pursuant to K.S.A. 23-3101 et
752-seq., and amendments thereto, for each parent ordered to pay support
753-under this subsection, regardless of whether a payor has been identified
754-for the parent. A parent ordered to pay child support under this
1383+K.S.A. 21-5701 through 21-5717, and amendments thereto, by the child, a
1384+parent of the child, or another person responsible for the care of the child,
1385+the court may order the child, parent of the child or other person
1386+responsible for the care of the child to submit to and complete an alcohol
1387+and drug evaluation by a qualified person or agency and comply with any
1388+recommendations. If the evaluation is performed by a community-based
1389+alcohol and drug safety program certified pursuant to K.S.A. 8-1008, and
1390+amendments thereto, the child, parent of the child or other person
1391+responsible for the care of the child shall pay a fee not to exceed the fee
1392+established by that statute. If the court finds that the child and those legally
1393+liable for the child's support are indigent, the fee may be waived. In no
1394+event shall the fee be assessed against the secretary.
1395+(3) If child support has been requested and the parent or parents have
1396+a duty to support the child, the court may order one or both parents to pay
1397+child support and, when custody is awarded to the secretary, the court shall
1398+order one or both parents to pay child support. The court shall determine,
1399+for each parent separately, whether the parent is already subject to an order
1400+to pay support for the child. If the parent is not presently ordered to pay
1401+support for any child who is subject to the jurisdiction of the court and the
1402+court has personal jurisdiction over the parent, the court shall order the
1403+parent to pay child support in an amount determined under K.S.A. 38-
1404+2277, and amendments thereto. Except for good cause shown, the court
1405+shall issue an immediate income withholding order pursuant to K.S.A. 23-
1406+3101 et seq., and amendments thereto, for each parent ordered to pay
1407+support under this subsection, regardless of whether a payor has been
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1451+identified for the parent. A parent ordered to pay child support under this
7551452 subsection shall be notified, at the hearing or otherwise, that the child
7561453 support order may be registered pursuant to K.S.A. 38-2279, and
7571454 amendments thereto. The parent shall also be informed that, after
758-registration, the income withholding order may be served on the
759-parent's employer without further notice to the parent and the child
760-support order may be enforced by any method allowed by law. Failure
761-to provide this notice shall not affect the validity of the child support
762-order.
763-(h) For the purposes of this section, "harassing or intimidating"
764-and "harass or intimidate" includes, but is not limited to, utilizing any
765-electronic tracking system or acquiring tracking information to
766-determine the targeted person's location, movement or travel patterns.
1455+registration, the income withholding order may be served on the parent's
1456+employer without further notice to the parent and the child support order
1457+may be enforced by any method allowed by law. Failure to provide this
1458+notice shall not affect the validity of the child support order.
1459+(h) For the purposes of this section, "harassing or intimidating" and
1460+"harass or intimidate" includes, but is not limited to, utilizing any
1461+electronic tracking system or acquiring tracking information to determine
1462+the targeted person's location, movement or travel patterns.
7671463 Sec. 6. K.S.A. 38-2263 is hereby amended to read as follows: 38-
7681464 2263. (a) The goal of permanency planning is to assure, in so far as is
7691465 possible, that children have permanency and stability in their living
770-situations and that the continuity of family relationships and
771-connections is preserved. In planning for permanency, the safety and
772-well being of children shall be paramount.
773-(b) Whenever a child is subject to the jurisdiction of the court HOUSE BILL No. 2536—page 14
774-pursuant to the code, an initial permanency plan shall be developed for
775-the child and submitted to the court within 30 days of the initial order
776-of the court. If the child is in the custody of the secretary, or the
777-secretary is providing services to the child, the secretary shall prepare
778-the plan. Otherwise, the plan shall be prepared by the person who has
779-custody or, if directed by the court, by a court services officer.
780-(c) A permanency plan is a written document prepared in
781-consultation with the child, if the child is 14 years of age or older and
782-the child is able, and, where possible, in consultation with the child's
783-parents, and which that:
784-(1) Describes the permanency goal which that, if achieved, will
785-most likely give the child a permanent and safe living arrangement;
1466+situations and that the continuity of family relationships and connections is
1467+preserved. In planning for permanency, the safety and well being of
1468+children shall be paramount.
1469+(b) Whenever a child is subject to the jurisdiction of the court
1470+pursuant to the code, an initial permanency plan shall be developed for the
1471+child and submitted to the court within 30 days of the initial order of the
1472+court. If the child is in the custody of the secretary, or the secretary is
1473+providing services to the child, the secretary shall prepare the plan.
1474+Otherwise, the plan shall be prepared by the person who has custody or, if
1475+directed by the court, by a court services officer.
1476+(c) A permanency plan is a written document prepared in consultation
1477+with the child, if the child is 14 years of age or older and the child is able,
1478+and, where possible, in consultation with the child's parents, and which
1479+that:
1480+(1) Describes the permanency goal which that, if achieved, will most
1481+likely give the child a permanent and safe living arrangement;
7861482 (2) describes the child's level of physical health, mental and
7871483 emotional health, and educational functioning;
7881484 (3) provides an assessment of the needs of the child and family;
789-(4) describes the services to be provided the child, the child's
790-parents and the child's foster parents, if appropriate;
791-(5) includes a description of the tasks and responsibilities designed
792-to achieve the plan and to whom assigned; and
793-(6) includes measurable objectives and time schedules for
794-achieving the plan.
795-(d) In addition to the requirements of subsection (c), if the child is
796-in an out of home placement, the permanency plan shall include:
1485+(4) describes the services to be provided the child, the child's parents
1486+and the child's foster parents, if appropriate;
1487+(5) includes a description of the tasks and responsibilities designed to
1488+achieve the plan and to whom assigned; and
1489+(6) includes measurable objectives and time schedules for achieving
1490+the plan.
1491+(d) In addition to the requirements of subsection (c), if the child is in
1492+an out of home placement, the permanency plan shall include:
7971493 (1) A plan for reintegration of the child's parent or parents or if
798-reintegration is determined not to be a viable alternative, a statement
799-for the basis of that conclusion and a plan for another permanent living
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1537+reintegration is determined not to be a viable alternative, a statement for
1538+the basis of that conclusion and a plan for another permanent living
8001539 arrangement permanency identified in K.S.A. 38-2264(b)(2) through (b)
8011540 (5), and amendments thereto;
8021541 (2) a description of the available placement alternatives;
803-(3) a justification for the placement selected, including a
804-description of the safety and appropriateness of the placement; and
1542+(3) a justification for the placement selected, including a description
1543+of the safety and appropriateness of the placement; and
8051544 (4) a description of the programs and services which will help the
8061545 child prepare to live independently as an adult.
8071546 (e) If there is a lack of agreement among persons necessary for the
808-success of the permanency plan, the person or entity having custody of
809-the child shall notify the court which shall set a hearing on the plan.
810-(f) A permanency plan may be amended at any time upon
811-agreement of the plan participants. If a permanency plan requires
812-amendment which changes the permanency goal, the person or entity
813-having custody of the child shall notify the court which shall set a
814-permanency hearing pursuant to K.S.A. 38-2264 and 38-2265, and
815-amendments thereto.
1547+success of the permanency plan, the person or entity having custody of the
1548+child shall notify the court which shall set a hearing on the plan.
1549+(f) A permanency plan may be amended at any time upon agreement
1550+of the plan participants. If a permanency plan requires amendment which
1551+changes the permanency goal, the person or entity having custody of the
1552+child shall notify the court which shall set a permanency hearing pursuant
1553+to K.S.A. 38-2264 and 38-2265, and amendments thereto.
8161554 Sec. 7. K.S.A. 38-2264 is hereby amended to read as follows: 38-
817-2264. (a) A permanency hearing is a proceeding conducted by the court
818-or by a citizen review board for the purpose of determining progress
819-toward accomplishment of a permanency plan as established by K.S.A.
820-38-2263, and amendments thereto.
821-(b) The court or a citizen review board shall hear and the court
822-shall determine whether and, if applicable, when the child will be:
1555+2264. (a) A permanency hearing is a proceeding conducted by the court or
1556+by a citizen review board for the purpose of determining progress toward
1557+accomplishment of a permanency plan as established by K.S.A. 38-2263,
1558+and amendments thereto.
1559+(b) The court or a citizen review board shall hear and the court shall
1560+determine whether and, if applicable, when the child will be:
8231561 (1) Reintegrated with the child's parents;
8241562 (2) placed for adoption;
8251563 (3) placed with a permanent custodian; or
826-(4) if the child is 16 years of age or older, placed with a SOUL
827-family legal permanency custodian; or
1564+(4) if the child is 16 years of age or older, placed with a SOUL family
1565+legal permanency custodian; or
8281566 (5) if the child is 16 years of age or older and the secretary has
8291567 documented compelling reasons why it would not be in the child's best
830-interests for a placement in one of the placements pursuant to
831-paragraphs (1), (2) or (3) through (4), placed in another planned
832-permanent living arrangement. HOUSE BILL No. 2536—page 15
1568+interests for a placement in one of the placements pursuant to paragraphs
1569+(1), (2) or (3) through (4), placed in another planned permanent living
1570+arrangement.
8331571 (c) At each permanency hearing, the court shall:
834-(1) Enter a finding as to whether reasonable efforts have been
835-made by appropriate public or private agencies to rehabilitate the
836-family and achieve the permanency goal in place at the time of the
837-hearing;
838-(2) enter a finding as to whether the reasonable and prudent
839-parenting standard has been met and whether the child has regular,
840-ongoing opportunities to engage in age or developmentally appropriate
841-activities. The secretary shall report to the court the steps the secretary
842-is taking to ensure that the child's foster family home or child care
843-institution is following the reasonable and prudent parenting standard
844-and that the child has regular, ongoing opportunities to engage in age or
845-developmentally appropriate activities, including consultation with the
846-child in an age-appropriate manner about the opportunities of the child
847-to participate in the activities; and
848-(3) if the child is 14 years of age or older, document the efforts
849-made by the secretary to help the child prepare for the transition from
850-custody to a successful adulthood. The secretary shall report to the
851-court the programs and services that are being provided to the child that
852-will help the child prepare for the transition from custody to a
853-successful adulthood.
1572+(1) Enter a finding as to whether reasonable efforts have been made
1573+by appropriate public or private agencies to rehabilitate the family and
1574+achieve the permanency goal in place at the time of the hearing;
1575+(2) enter a finding as to whether the reasonable and prudent parenting
1576+standard has been met and whether the child has regular, ongoing
1577+opportunities to engage in age or developmentally appropriate activities.
1578+The secretary shall report to the court the steps the secretary is taking to
1579+ensure that the child's foster family home or child care institution is
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1623+following the reasonable and prudent parenting standard and that the child
1624+has regular, ongoing opportunities to engage in age or developmentally
1625+appropriate activities, including consultation with the child in an age-
1626+appropriate manner about the opportunities of the child to participate in the
1627+activities; and
1628+(3) if the child is 14 years of age or older, document the efforts made
1629+by the secretary to help the child prepare for the transition from custody to
1630+a successful adulthood. The secretary shall report to the court the programs
1631+and services that are being provided to the child that will help the child
1632+prepare for the transition from custody to a successful adulthood.
8541633 (d) The requirements of this subsection shall apply only if the
8551634 permanency goal in place at the time of the hearing is another planned
856-permanent living arrangement as described in subsection (b)(4) (b)(5).
857-At each permanency hearing held with respect to the child, in addition
858-to the requirements of subsection (c), the court shall:
859-(1) Ask the child, if the child is able, by attendance at the hearing
860-or by report to the court, about the desired permanency outcome for the
861-child;
862-(2) document the intensive, ongoing and, as of the date of the
863-hearing, unsuccessful permanency efforts made by the secretary to
864-return the child home or secure a placement for the child with a fit and
865-willing relative, a legal custodian or guardian or an adoptive parent.
866-The secretary shall report to the court the intensive, ongoing and, as of
867-the date of the hearing, unsuccessful efforts made by the secretary to
868-return the child home or secure a placement for the child with a fit and
869-willing relative, a legal custodian or guardian or an adoptive parent,
870-including efforts that utilize search technology, including social media,
871-to find biological family members of the children; and
1635+permanent living arrangement as described in subsection (b)(4) (b)(5). At
1636+each permanency hearing held with respect to the child, in addition to the
1637+requirements of subsection (c), the court shall:
1638+(1) Ask the child, if the child is able, by attendance at the hearing or
1639+by report to the court, about the desired permanency outcome for the child;
1640+(2) document the intensive, ongoing and, as of the date of the hearing,
1641+unsuccessful permanency efforts made by the secretary to return the child
1642+home or secure a placement for the child with a fit and willing relative, a
1643+legal custodian or guardian or an adoptive parent. The secretary shall
1644+report to the court the intensive, ongoing and, as of the date of the hearing,
1645+unsuccessful efforts made by the secretary to return the child home or
1646+secure a placement for the child with a fit and willing relative, a legal
1647+custodian or guardian or an adoptive parent, including efforts that utilize
1648+search technology, including social media, to find biological family
1649+members of the children; and
8721650 (3) make a judicial determination explaining why, as of the date of
8731651 the hearing, another planned permanent living arrangement is the best
8741652 permanency plan for the child and provide compelling reasons why it
8751653 continues to not be in the best interests of the child to return home, be
8761654 placed for adoption, be placed with a legal custodian or guardian or be
8771655 placed with a fit and willing relative.
878-(e) The requirements of this subsection shall apply only if the
879-child is placed in a qualified residential treatment program at the time
880-of the permanency hearing. At each permanency hearing held with
881-respect to the child, in addition to the requirements of subsection (c),
882-the court shall document:
1656+(e) The requirements of this subsection shall apply only if the child is
1657+placed in a qualified residential treatment program at the time of the
1658+permanency hearing. At each permanency hearing held with respect to the
1659+child, in addition to the requirements of subsection (c), the court shall
1660+document:
8831661 (1) That the ongoing assessment of the strengths and needs of the
8841662 child continues to support the determination that the needs of the child
8851663 cannot be met through placement in a foster family home, that the
886-placement in a qualified residential treatment program provides the
887-most effective and appropriate level of care for the child in the least
888-restrictive environment, and that the placement is consistent with the
889-short-term and long-term goals for the child, as specified in the
890-permanency plan for the child;
891-(2) the specific treatment or service needs that will be met for the HOUSE BILL No. 2536—page 16
892-child in the placement and the length of time the child is expected to
893-need the treatment or services; and
1664+placement in a qualified residential treatment program provides the most
1665+effective and appropriate level of care for the child in the least restrictive
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1709+environment, and that the placement is consistent with the short-term and
1710+long-term goals for the child, as specified in the permanency plan for the
1711+child;
1712+(2) the specific treatment or service needs that will be met for the
1713+child in the placement and the length of time the child is expected to need
1714+the treatment or services; and
8941715 (3) the efforts made by the secretary to prepare the child to return
8951716 home or to be placed with a fit and willing relative, a legal custodian or
8961717 guardian, or an adoptive parent, or in a foster family home.
897-(f) A permanency hearing shall be held within 12 months of the
898-date the court authorized the child's removal from the home and not
899-less frequently than every 12 months thereafter. If the court makes a
900-finding that the requirements of subsection (c)(1) or (2) have not been
901-met, a subsequent permanency hearing shall be held no later than 60
902-days following the finding.
1718+(f) A permanency hearing shall be held within 12 months of the date
1719+the court authorized the child's removal from the home and not less
1720+frequently than every 12 months thereafter. If the court makes a finding
1721+that the requirements of subsection (c)(1) or (2) have not been met, a
1722+subsequent permanency hearing shall be held no later than 60 days
1723+following the finding.
9031724 (g) If the court determines at any time other than during a
904-permanency hearing that reintegration may not be a viable alternative
905-for the child, a permanency hearing shall be held no not later than 30
906-days following that determination.
1725+permanency hearing that reintegration may not be a viable alternative for
1726+the child, a permanency hearing shall be held no not later than 30 days
1727+following that determination.
9071728 (h) When the court finds that reintegration continues to be a viable
908-alternative, the court shall determine whether and, if applicable, when
909-the child will be returned to the parent. The court may rescind any of its
910-prior dispositional orders and enter any dispositional order authorized
911-by this code or may order that a new plan for the reintegration be
912-prepared and submitted to the court. If reintegration cannot be
913-accomplished as approved by the court, the court shall be informed and
914-shall schedule a hearing pursuant to this section. No such hearing is
915-required when the parents voluntarily relinquish parental rights or
916-consent to appointment of a permanent custodian or a SOUL family
917-legal permanency custodian.
918-(i) If the court finds reintegration is no longer a viable alternative,
919-the court shall consider whether: (1) The child is in a stable placement
920-with a relative; (2) services set out in the case plan necessary for the
921-safe return of the child have been made available to the parent with
922-whom reintegration is planned; or (3) compelling reasons are
923-documented in the case plan to support a finding that neither adoption
924-nor appointment of a permanent custodian are in the child's best
925-interest. If reintegration is not a viable alternative and either adoption
926-or appointment of a permanent custodian might be in the best interests
927-of the child, the county or district attorney or the county or district
928-attorney's designee shall file a motion to terminate parental rights or a
929-motion to appoint a permanent custodian within 30 days and the court
930-shall set a hearing on such motion within 90 days of the filing of such
931-motion.
932-(j) If the court enters an order terminating parental rights to a
933-child, or an agency has accepted a relinquishment pursuant to K.S.A.
934-59-2124, and amendments thereto, the requirements for permanency
935-hearings shall continue until an adoption or appointment of a
936-permanent custodian or a SOUL family legal permanency custodian has
937-been accomplished and court jurisdiction has been terminated. If the
938-court determines that reasonable efforts or progress have not been made
939-toward finding an adoptive placement or appointment of a permanent
940-custodian or a SOUL family legal permanency custodian or placement
941-with a fit and willing relative, the court may rescind its prior orders and
942-make others regarding custody and adoption that are appropriate under
943-the circumstances. Reports of a proposed adoptive placement need not
944-contain the identity of the proposed adoptive parents.
1729+alternative, the court shall determine whether and, if applicable, when the
1730+child will be returned to the parent. The court may rescind any of its prior
1731+dispositional orders and enter any dispositional order authorized by this
1732+code or may order that a new plan for the reintegration be prepared and
1733+submitted to the court. If reintegration cannot be accomplished as
1734+approved by the court, the court shall be informed and shall schedule a
1735+hearing pursuant to this section. No such hearing is required when the
1736+parents voluntarily relinquish parental rights or consent to appointment of
1737+a permanent custodian or a SOUL family legal permanency custodian.
1738+(i) If the court finds reintegration is no longer a viable alternative, the
1739+court shall consider whether: (1) The child is in a stable placement with a
1740+relative; (2) services set out in the case plan necessary for the safe return
1741+of the child have been made available to the parent with whom
1742+reintegration is planned; or (3) compelling reasons are documented in the
1743+case plan to support a finding that neither adoption nor appointment of a
1744+permanent custodian are in the child's best interest. If reintegration is not a
1745+viable alternative and either adoption or appointment of a permanent
1746+custodian might be in the best interests of the child, the county or district
1747+attorney or the county or district attorney's designee shall file a motion to
1748+terminate parental rights or a motion to appoint a permanent custodian
1749+within 30 days and the court shall set a hearing on such motion within 90
1750+days of the filing of such motion.
1751+(j) If the court enters an order terminating parental rights to a child, or
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1795+an agency has accepted a relinquishment pursuant to K.S.A. 59-2124, and
1796+amendments thereto, the requirements for permanency hearings shall
1797+continue until an adoption or appointment of a permanent custodian or a
1798+SOUL family legal permanency custodian has been accomplished and
1799+court jurisdiction has been terminated. If the court determines that
1800+reasonable efforts or progress have not been made toward finding an
1801+adoptive placement or appointment of a permanent custodian or a SOUL
1802+family legal permanency custodian or placement with a fit and willing
1803+relative, the court may rescind its prior orders and make others regarding
1804+custody and adoption that are appropriate under the circumstances.
1805+Reports of a proposed adoptive placement need not contain the identity of
1806+the proposed adoptive parents.
9451807 (k) If permanency with one parent has been achieved without the
946-termination of the other parent's rights, the court may, prior to
947-dismissing the case, enter child custody orders, including residency and
948-parenting time that the court determines to be in the best interests of the
949-child. The court shall complete a parenting plan pursuant to K.S.A. 23-
950-3213, and amendments thereto. HOUSE BILL No. 2536—page 17
951-(1) Before entering a custody order under this subsection, the
952-court shall inquire whether a custody order has been entered or is
953-pending in a civil custody case by a court of competent jurisdiction
954-within the state of Kansas.
1808+termination of the other parent's rights, the court may, prior to dismissing
1809+the case, enter child custody orders, including residency and parenting
1810+time that the court determines to be in the best interests of the child. The
1811+court shall complete a parenting plan pursuant to K.S.A. 23-3213, and
1812+amendments thereto.
1813+(1) Before entering a custody order under this subsection, the court
1814+shall inquire whether a custody order has been entered or is pending in a
1815+civil custody case by a court of competent jurisdiction within the state of
1816+Kansas.
9551817 (2) If a civil custody case has been filed or is pending, a certified
956-copy of the custody, residency and parenting time orders shall be filed
957-in the civil custody case. The court in the civil custody case may, after
958-consultation with the court in the child in need of care case, enter an
959-order declaring that the custody order in the child in need of care case
960-shall become the custody order in the civil custody case.
1818+copy of the custody, residency and parenting time orders shall be filed in
1819+the civil custody case. The court in the civil custody case may, after
1820+consultation with the court in the child in need of care case, enter an order
1821+declaring that the custody order in the child in need of care case shall
1822+become the custody order in the civil custody case.
9611823 (3) A district court, on its own motion or upon the motion of any
9621824 party, may order the consolidation of the child in need of care case with
9631825 any open civil custody case involving the child and both of the child's
9641826 parents. Custody, residency and parenting time orders entered in
965-consolidated child in need of care and civil custody cases take
966-precedence over any previous orders affecting both parents and the
967-child that were entered in the civil custody case regarding the same or
968-related issues. Following entry of a custody order in a consolidated
969-case, the court shall dismiss the child in need of care case and, if
970-necessary, return the civil custody case to the original court having
971-jurisdiction over it the case.
1827+consolidated child in need of care and civil custody cases take precedence
1828+over any previous orders affecting both parents and the child that were
1829+entered in the civil custody case regarding the same or related issues.
1830+Following entry of a custody order in a consolidated case, the court shall
1831+dismiss the child in need of care case and, if necessary, return the civil
1832+custody case to the original court having jurisdiction over it the case.
9721833 (4) If no civil custody case has been filed, the court may direct the
973-parties to file a civil custody case and to file the custody orders from
974-the child in need of care case in that case. Costs of the civil custody
975-case may be assessed to the parties.
1834+parties to file a civil custody case and to file the custody orders from the
1835+child in need of care case in that case. Costs of the civil custody case may
1836+be assessed to the parties.
9761837 (5) Nothing in this subsection shall operate to expand access to
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9771881 information that is confidential under K.S.A. 38-2209, and amendments
978-thereto, and the confidentiality of such information shall be preserved
979-in all filings in a civil custody case.
1882+thereto, and the confidentiality of such information shall be preserved in
1883+all filings in a civil custody case.
9801884 (l) When permanency has been achieved to the satisfaction of the
9811885 court, the court shall enter an order closing the case.
9821886 Sec. 8. K.S.A. 38-2266 is hereby amended to read as follows: 38-
983-2266. (a) Either in the original petition filed under this code or in a
984-motion made in an existing proceeding under this code, any party or
985-interested party may request that either or both parents be found unfit
986-and the parental rights of either or both parents be terminated or a
987-permanent custodian or a SOUL family legal permanency custodian be
988-appointed.
1887+2266. (a) Either in the original petition filed under this code or in a motion
1888+made in an existing proceeding under this code, any party or interested
1889+party may request that either or both parents be found unfit and the
1890+parental rights of either or both parents be terminated or a permanent
1891+custodian or a SOUL family legal permanency custodian be appointed.
9891892 (b) Whenever a pleading is filed requesting termination of parental
9901893 rights or appointment of a permanent custodian or a SOUL family legal
991-permanency custodian, the pleading shall contain a statement of
992-specific facts which are relied upon to support the request, including
993-dates, times and locations to the extent known.
994-(c) In any case in which a parent of a child cannot be located by
995-the exercise of due diligence, service by publication notice shall be
996-ordered upon the parent.
1894+permanency custodian, the pleading shall contain a statement of specific
1895+facts which are relied upon to support the request, including dates, times
1896+and locations to the extent known.
1897+(c) In any case in which a parent of a child cannot be located by the
1898+exercise of due diligence, service by publication notice shall be ordered
1899+upon the parent.
9971900 Sec. 9. K.S.A. 38-2268 is hereby amended to read as follows: 38-
998-2268. (a) Prior to a hearing to consider the termination of parental
999-rights, if the child's permanency plan is either adoption or appointment
1000-of a permanent custodian or a SOUL family legal permanency
1001-custodian, with the approval of the guardian ad litem and acceptance
1002-and approval of the secretary, either or both parents may: Relinquish
1003-parental rights to the child to the secretary; consent to an adoption; or
1004-consent to appointment of a permanent custodian or a SOUL family
1005-legal permanency custodian.
1901+2268. (a) Prior to a hearing to consider the termination of parental rights, if
1902+the child's permanency plan is either adoption or appointment of a
1903+permanent custodian or a SOUL family legal permanency custodian, with
1904+the approval of the guardian ad litem and acceptance and approval of the
1905+secretary, either or both parents may: Relinquish parental rights to the
1906+child to the secretary; consent to an adoption; or consent to appointment of
1907+a permanent custodian or a SOUL family legal permanency custodian.
10061908 (b) Relinquishment of child to secretary. (1) Any parent or parents
10071909 may relinquish a child to the secretary, and if the secretary accepts the
1008-relinquishment in writing, the secretary shall stand in loco parentis to
1009-the child and shall have and possess over the child all rights of a parent, HOUSE BILL No. 2536—page 18
1910+relinquishment in writing, the secretary shall stand in loco parentis to the
1911+child and shall have and possess over the child all rights of a parent,
10101912 including the power to place the child for adoption and give consent
10111913 thereto.
10121914 (2) All relinquishments to the secretary shall be in writing, in
1013-substantial conformity with the form for relinquishment contained in
1014-the appendix of forms following K.S.A. 59-2143, and amendments
1015-thereto, and shall be executed by either parent of the child.
1016-(3) The relinquishment shall be in writing and shall be
1017-acknowledged before a judge of a court of record or before an officer
1018-authorized by law to take acknowledgments. If the relinquishment is
1019-acknowledged before a judge of a court of record, it shall be the duty of
1020-the court to advise the relinquishing parent of the consequences of the
1021-relinquishment.
1915+substantial conformity with the form for relinquishment contained in the
1916+appendix of forms following K.S.A. 59-2143, and amendments thereto,
1917+and shall be executed by either parent of the child.
1918+(3) The relinquishment shall be in writing and shall be acknowledged
1919+before a judge of a court of record or before an officer authorized by law
1920+to take acknowledgments. If the relinquishment is acknowledged before a
1921+judge of a court of record, it shall be the duty of the court to advise the
1922+relinquishing parent of the consequences of the relinquishment.
10221923 (4) Except as otherwise provided, in all cases where a parent has
1023-relinquished a child to the agency pursuant to K.S.A. 59-2111 through
1024-59-2143, and amendments thereto, all the rights of the parent shall be
1025-terminated, including the right to receive notice in a subsequent
1026-adoption proceeding involving the child. Upon such relinquishment, all
1027-the rights of the parents to such child, including such parent's right to
1028-inherit from or through such child, shall cease.
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1967+relinquished a child to the agency pursuant to K.S.A. 59-2111 through 59-
1968+2143, and amendments thereto, all the rights of the parent shall be
1969+terminated, including the right to receive notice in a subsequent adoption
1970+proceeding involving the child. Upon such relinquishment, all the rights of
1971+the parents to such child, including such parent's right to inherit from or
1972+through such child, shall cease.
10291973 (5) If a parent has relinquished a child to the secretary based on a
10301974 belief that the child's other parent would relinquish the child to the
1031-secretary or would be found unfit, and this does not occur, the rights of
1032-the parent who has relinquished a child to the secretary shall not be
1975+secretary or would be found unfit, and this does not occur, the rights of the
1976+parent who has relinquished a child to the secretary shall not be
10331977 terminated.
1034-(6) A parent's relinquishment of a child shall not terminate the
1035-right of the child to inherit from or through the parent.
1978+(6) A parent's relinquishment of a child shall not terminate the right
1979+of the child to inherit from or through the parent.
10361980 (c) SOUL family legal permanency. (1) A parent may consent to
10371981 SOUL family legal permanency pursuant to section 1, and amendments
1038-thereto. If the individual designated as the SOUL family legal
1039-permanency custodian consents to the appointment and such individual
1040-is approved by the court, such individual shall have and possesses over
1041-the child all the rights and responsibilities of a permanent custodian
1042-subject to section 1, and amendments thereto.
1982+thereto. If the individual designated as the SOUL family legal permanency
1983+custodian consents to the appointment and such individual is approved by
1984+the court, such individual shall have and possesses over the child all the
1985+rights and responsibilities of a permanent custodian subject to section 1,
1986+and amendments thereto.
10431987 (2) Each consent to the appointment of a SOUL family legal
1044-permanency custodian shall be in writing and executed by either parent
1045-or legal guardian of the child.
1046-(d) Permanent custody. (1) A parent may consent to appointment
1047-of an individual as permanent custodian and if the individual accepts
1048-the consent, such individual shall stand in loco parentis to the child and
1049-shall have and possess over the child all the rights of a legal guardian.
1050-(2) All consents to appointment of a permanent custodian shall be
1051-in writing and shall be executed by either parent of the child.
1052-(3) The consent shall be in writing and shall be acknowledged
1053-before a judge of a court of record or before an officer authorized by
1054-law to take acknowledgments. If the consent is acknowledged before a
1055-judge of a court of record, it shall be the duty of the court to advise the
1056-consenting parent of the consequences of the consent.
1057-(4) If a parent has consented to appointment of a permanent
1058-custodian based upon a belief that the child's other parent would so
1059-consent or would be found unfit, and this does not occur, the consent
1060-shall be null and void.
1061-(d)(e) Adoption. If the child is in the custody of the secretary and
1062-the parental rights of both parents have been terminated or the parental
1063-rights of one parent have been terminated or that parent has
1064-relinquished parental rights to the secretary, the child may be adopted
1065-by persons approved by the secretary and the court. If the child is no
1066-longer in the custody of the secretary, the court may approve adoption
1067-of the child by persons who:
1068-(1) Both parents consent to adopt; or HOUSE BILL No. 2536—page 19
1988+permanency custodian shall be in writing and executed by either parent or
1989+legal guardian of the child.
1990+(d) Permanent custody. (1) A parent may consent to appointment of
1991+an individual as permanent custodian and if the individual accepts the
1992+consent, such individual shall stand in loco parentis to the child and shall
1993+have and possess over the child all the rights of a legal guardian.
1994+(2) All consents to appointment of a permanent custodian shall be in
1995+writing and shall be executed by either parent of the child.
1996+(3) The consent shall be in writing and shall be acknowledged before
1997+a judge of a court of record or before an officer authorized by law to take
1998+acknowledgments. If the consent is acknowledged before a judge of a
1999+court of record, it shall be the duty of the court to advise the consenting
2000+parent of the consequences of the consent.
2001+(4) If a parent has consented to appointment of a permanent custodian
2002+based upon a belief that the child's other parent would so consent or would
2003+be found unfit, and this does not occur, the consent shall be null and void.
2004+(d)(e) Adoption. If the child is in the custody of the secretary and the
2005+parental rights of both parents have been terminated or the parental rights
2006+of one parent have been terminated or that parent has relinquished parental
2007+rights to the secretary, the child may be adopted by persons approved by
2008+the secretary and the court. If the child is no longer in the custody of the
2009+secretary, the court may approve adoption of the child by persons who:
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2053+(1) Both parents consent to adopt; or
10692054 (2) one parent consents to adopt, if the parental rights of the other
1070-parent have been terminated. The consent shall follow the form
1071-contained in the appendix of forms following K.S.A. 59-2143, and
1072-amendments thereto.
2055+parent have been terminated. The consent shall follow the form contained
2056+in the appendix of forms following K.S.A. 59-2143, and amendments
2057+thereto.
10732058 Sec. 10. K.S.A. 38-2234, 38-2263, 38-2264, 38-2266 and 38-2268
10742059 and K.S.A. 2023 Supp. 38-2202, 38-2202a, 38-2203 and 38-2255 are
10752060 hereby repealed.
10762061 Sec. 11. This act shall take effect and be in force from and after its
10772062 publication in the statute book.
1078-I hereby certify that the above BILL originated in the HOUSE, and passed
1079-that body
1080-Speaker of the House.
1081-Chief Clerk of the House.
1082-
1083-Passed the SENATE ______________________________________________________________________________
1084-President of the Senate.
1085-Secretary of the Senate.
1086-APPROVED __________________________________________________________________________________________________
1087-Governor.
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