Kansas 2023-2024 Regular Session

Kansas House Bill HB2549 Compare Versions

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	1	+	Session of 2024
1	2		HOUSE BILL No. 2549
2		-	AN ACT concerning adoption; relating to the Kansas adoption and relinquishment act,
3		-	adoption, termination of parental rights; requiring notice of a hearing on a petition for
4		-	adoption, petitions to be filed as part of a petition for adoption or in connection with
5		-	an adoption; setting requirements for petitions filed separately from adoption
6		-	proceedings; amending K.S.A. 2023 Supp. 59-2133 and 59-2136 and repealing the
7		-	existing sections.
	3	+	By Committee on Judiciary
	4	+	Requested by Nancy Strouse on behalf of the Kansas Judicial Council
	5	+	1-18
	6	+	AN ACT concerning adoption; relating to termination of parental rights;
	7	+	requiring petitions to be filed as part of a petition for adoption or in
	8	+	connection with an adoption; setting requirements for petitions filed
	9	+	separately from adoption proceedings; amending K.S.A. 2023 Supp.
	10	+	59-2136 and repealing the existing section.
8	11		Be it enacted by the Legislature of the State of Kansas:
9		-	Section 1. K.S.A. 2023 Supp. 59-2133 is hereby amended to read
10		-	as follows: 59-2133. (a) Upon filing the petition, the court shall fix the
11		-	time and place for the hearing. The time fixed for the hearing may be
12		-	any time not more than shall be within 60 days from the date the
13		-	petition is filed. The time fixed for the hearing may be extended by the
14		-	court for good cause.
15		-	(b) In independent and stepparent adoptions, Notice of the hearing
16		-	on the petition shall be given to the parents or possible parents persons
17		-	entitled to notice at least 10 calendar days before the hearing, unless
18		-	waived by the party entitled to notice or unless parental rights have
19		-	been previously terminated, and to any person who has physical
20		-	custody of the child, unless waived by the person entitled to notice.
21		-	Notice also shall be given in an independent adoption to a legal
22		-	guardian of the child, unless waived by the party entitled to notice.
23		-	Persons who receive notice pursuant to this section shall not be made a
24		-	party or granted standing based solely on the provision of such notice.
25		-	(c) In an agency adoption Except as provided in subsection (d),
26		-	notice of the hearing on the petition shall be given:
27		-	(1) In an independent or stepparent adoption, to:
28		-	(A) to the consenting agency, The parents, presumed parents or
29		-	possible parents;
30		-	(B) , any relinquishing party and any person who has physical
31		-	custody of the child at least 10 calendar days before the hearing, unless
32		-	waived by the person entitled to notice; and
33		-	(C) any legal guardian of the child;
34		-	(2) in a private agency adoption, to:
35		-	(A) The consenting agency;
36		-	(B) the parents, presumed parents or possible parents;
37		-	(C) any relinquishing person;
38		-	(D) any person who has physical custody of the child; and
39		-	(E) any legal guardian of the child; and
40		-	(3) in a public agency adoption, to the consenting agency.
41		-	(d) Notice of the hearing on the petition is not required to be given
42		-	to:
43		-	(1) A person whose parental rights have been terminated by an
44		-	order of a court of competent jurisdiction; or
45		-	(2) a person or agency that has waived in writing the right to
46		-	receive notice.
47		-	(e) Notice of the hearing shall be by personal service, certified
48		-	mail return receipt requested or in any other manner the court may
49		-	direct. Notice given pursuant to this section shall not include a copy of
50		-	the petition.
51		-	Sec. 2. K.S.A. 2023 Supp. 59-2136 is hereby amended to read as
	12	+	Section 1. K.S.A. 2023 Supp. 59-2136 is hereby amended to read as
52	13		follows: 59-2136. (a) The provisions of this section shall apply where a
53	14		relinquishment or consent to an adoption has not been obtained from a
54	15		parent and K.S.A. 59-2124 and 59-2129, and amendments thereto, state
55	16		that the necessity of a parent's relinquishment or consent can be
56	17		determined under this section.
57		-	(b) Insofar as practicable, the provisions of this section applicable
58		-	to the father also shall apply to the mother and those applicable to the
59		-	mother also shall apply to the father.
60		-	(c) The court shall appoint an attorney to represent any father who HOUSE BILL No. 2549—page 2
61		-	is unknown or whose whereabouts are unknown. If no person is
62		-	identified as the father or a possible father, or if the father's
63		-	whereabouts are unknown, the court shall order publication notice of
64		-	the hearing in such manner as the court deems appropriate.
65		-	(d) (1) A petition to terminate parental rights pursuant to the
66		-	Kansas adoption and relinquishment act may be filed only as part of a
67		-	petition for adoption or as an independent a separate action in
68		-	connection with an adoption proceeding filed or to be filed in the same
69		-	or another proper venue.
70		-	(2) If the request a petition to terminate parental rights is not filed
71		-	as part of an adoption proceeding, separately from a petition for
72		-	adoption under this act:
73		-	(A) Venue for the proceedings to terminate parental rights shall be
74		-	in the county in which where the child or a parent resides or is found;
75		-	and
	18	+	(b) Insofar as practicable, the provisions of this section applicable to
	19	+	the father also shall apply to the mother and those applicable to the mother
	20	+	also shall apply to the father.
	21	+	(c) The court shall appoint an attorney to represent any father who is
	22	+	unknown or whose whereabouts are unknown. If no person is identified as
	23	+	the father or a possible father, or if the father's whereabouts are unknown,
	24	+	the court shall order publication notice of the hearing in such manner as
	25	+	the court deems appropriate.
	26	+	(d) (1) A petition to terminate parental rights pursuant to the Kansas
	27	+	adoption and relinquishment act may be filed only as part of a petition for
	28	+	adoption or as an independent a separate action in connection with an
	29	+	adoption proceeding filed or to be filed in the same or another proper
	30	+	venue.
	31	+	(2) If the request a petition to terminate parental rights is not filed as
	32	+	part of an adoption proceeding, separately from a petition for adoption
	33	+	under this act:
	34	+	(A) Venue for the proceedings to terminate parental rights shall be in
	35	+	the county in which where the child or a parent resides or is found; and
76	36		(B) an order granting such petition:
77		-	(i) Shall be in substantial compliance with the form set forth by
78		-	~~the~~ judicial council;
	37	+	(i) Shall be in substantial compliance with the form set forth by the
	38	+	judicial council;
79	39		(ii) is a final judgment that is appealable as a matter of right;
80		-	(iii) if not appealed, shall satisfy the requirement contained in
81		-	K.S.A. 59-2128, and amendments thereto, to demonstrate that the
82		-	necessity for the consent or relinquishment is eliminated; and
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	75	+	(iii) if not appealed, shall satisfy the requirement contained in K.S.A.
	76	+	59-2128, and amendments thereto, to demonstrate that the necessity for
	77	+	the consent or relinquishment is eliminated; and
83	78		(iv) shall be effective only upon the filing of a decree of adoption.
84	79		(2)(3) The petition to terminate parental rights may be filed by a
85	80		parent, the petitioner for adoption, the person or agency having legal
86	81		custody of the child, or the agency to which the child has been
87	82		relinquished.
88	83		(3)(4) Absent a finding of good cause by a court with jurisdiction
89	84		under this act, a proceeding to terminate parental rights shall have
90		-	precedence over any proceeding involving custody of the child under
91		-	~~the~~ Kansas family law code, K.S.A. 23-2101 et seq., and amendments
92		-	~~thereto,~~ or the protection from abuse act, K.S.A. 60-3101 et seq., and
93		-	~~amendments~~ thereto, until a final order is entered on the termination
94		-	~~issues or until~~ further orders of the court.
	85	+	precedence over any proceeding involving custody of the child under the
	86	+	Kansas family law code, K.S.A. 23-2101 et seq., and amendments thereto,
	87	+	or the protection from abuse act, K.S.A. 60-3101 et seq., and amendments
	88	+	thereto, until a final order is entered on the termination issues or until
	89	+	further orders of the court.
95	90		(e) In an effort to identify the father, the court shall determine by
96	91		deposition, affidavit or hearing, the following:
97	92		(1) Whether there is a presumed father under K.S.A. 23-2208, and
98	93		amendments thereto;
99		-	(2) whether there is a father whose relationship to the child has
100		-	been determined by a court;
101		-	(3) whether there is a father as to whom the child is a legitimate
102		-	child under prior law of this state or under the law of another
103		-	jurisdiction;
	94	+	(2) whether there is a father whose relationship to the child has been
	95	+	determined by a court;
	96	+	(3) whether there is a father as to whom the child is a legitimate child
	97	+	under prior law of this state or under the law of another jurisdiction;
104	98		(4) whether the mother was cohabitating with a man at the time of
105	99		conception or birth of the child;
106		-	(5) whether the mother has received support payments or promises
107		-	of support with respect to the child or in connection with such mother's
	100	+	(5) whether the mother has received support payments or promises of
	101	+	support with respect to the child or in connection with such mother's
108	102		pregnancy; and
109		-	(6) whether any person has formally or informally acknowledged
110		-	or declared such person's possible parentage of the child.
111		-	If the father is identified to the satisfaction of the court, or if more
112		-	than one man is identified as a possible father, each shall be given
113		-	notice of the proceeding in accordance with subsection (f).
114		-	(f) Notice of the proceeding shall be given to every person
115		-	identified as the father or a possible father by personal service, certified
116		-	mail return receipt requested or in any other manner the court may
117		-	direct. Notice shall be given at least 10 calendar days before the
118		-	hearing, unless waived by the person entitled to notice. Proof of notice
119		-	or waiver of notice shall be filed with the court before the petition or
120		-	request is heard.
121		-	(g) (1) If, after the inquiry, the court is unable to identify the father
122		-	or any possible father and no person has appeared claiming to be the
123		-	father and claiming custodial rights, the court shall enter an order
124		-	terminating the unknown father's parental rights with reference to the HOUSE BILL No. 2549—page 3
125		-	child without consideration of subsection (h).
126		-	(2) If any person identified as the father or possible father of the
127		-	child fails to appear or, if appearing, fails to claim custodial rights, such
128		-	person's parental rights with reference to the child shall be terminated
129		-	without consideration of subsection (h).
	103	+	(6) whether any person has formally or informally acknowledged or
	104	+	declared such person's possible parentage of the child.
	105	+	If the father is identified to the satisfaction of the court, or if more than
	106	+	one man is identified as a possible father, each shall be given notice of the
	107	+	proceeding in accordance with subsection (f).
	108	+	(f) Notice of the proceeding shall be given to every person identified
	109	+	as the father or a possible father by personal service, certified mail return
	110	+	receipt requested or in any other manner the court may direct. Notice shall
	111	+	be given at least 10 calendar days before the hearing, unless waived by the
	112	+	person entitled to notice. Proof of notice or waiver of notice shall be filed
	113	+	with the court before the petition or request is heard.
	114	+	(g) (1) If, after the inquiry, the court is unable to identify the father or
	115	+	any possible father and no person has appeared claiming to be the father
	116	+	and claiming custodial rights, the court shall enter an order terminating the
	117	+	unknown father's parental rights with reference to the child without
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	161	+	consideration of subsection (h).
	162	+	(2) If any person identified as the father or possible father of the child
	163	+	fails to appear or, if appearing, fails to claim custodial rights, such person's
	164	+	parental rights with reference to the child shall be terminated without
	165	+	consideration of subsection (h).
130	166		(h) (1) When a father or alleged father appears and claims parental
131	167		rights, the court shall determine parentage, if necessary pursuant to the
132		-	Kansas parentage act, K.S.A. 23-2201 et seq., and amendments thereto.
133		-	If a father desires but is financially unable to employ an attorney, the
134		-	~~court~~ shall appoint an attorney for the father. Thereafter, the court may
135		-	~~order that~~ parental rights be terminated and find the consent or
136		-	~~relinquishment~~ unnecessary, upon a finding by clear and convincing
137		-	~~evidence, of any of~~ the following:
	168	+	Kansas parentage act, K.S.A. 23-2201 et seq., and amendments thereto. If
	169	+	a father desires but is financially unable to employ an attorney, the court
	170	+	shall appoint an attorney for the father. Thereafter, the court may order that
	171	+	parental rights be terminated and find the consent or relinquishment
	172	+	unnecessary, upon a finding by clear and convincing evidence, of any of
	173	+	the following:
138	174		(A) The father abandoned or neglected the child after having
139	175		knowledge of the child's birth;
140	176		(B) the father is unfit as a parent or incapable of giving consent;
141	177		(C) the father has made no reasonable efforts to support or
142	178		communicate with the child after having knowledge of the child's birth;
143	179		(D) the father, after having knowledge of the pregnancy, failed
144		-	without reasonable cause to provide support for the mother during the
145		-	~~six~~ months prior to the child's birth;
	180	+	without reasonable cause to provide support for the mother during the six
	181	+	months prior to the child's birth;
146	182		(E) the father abandoned the mother after having knowledge of the
147	183		pregnancy;
148	184		(F) the birth of the child was the result of rape of the mother; or
149	185		(G) the father has failed or refused to assume the duties of a parent
150		-	for two consecutive years immediately preceding the filing of the
151		-	petition.
	186	+	for two consecutive years immediately preceding the filing of the petition.
152	187		(2) In making a finding whether parental rights shall be terminated
153	188		under this subsection, the court:
154		-	(A) Shall consider all of the relevant surrounding circumstances;
155		-	and
156		-	(B) may disregard incidental visitations, contacts, communications
157		-	or contributions.
158		-	(3) In determining whether the father has failed or refused to
159		-	assume the duties of a parent for two consecutive years immediately
160		-	preceding the filing of the petition for adoption, there shall be a
161		-	rebuttable presumption that if the father, after having knowledge of the
162		-	child's birth, has knowingly failed to provide a substantial portion of
163		-	the child support as required by judicial decree, when financially able
164		-	to do so, for a period of two years immediately preceding the filing of
165		-	the petition for adoption, then such father has failed or refused to
166		-	assume the duties of a parent.
167		-	(4) For the purposes of this subsection, "support" means monetary
168		-	or non-monetary assistance that is reflected in specific and significant
169		-	acts and sustained over the applicable period.
	189	+	(A) Shall consider all of the relevant surrounding circumstances; and
	190	+	(B) may disregard incidental visitations, contacts, communications or
	191	+	contributions.
	192	+	(3) In determining whether the father has failed or refused to assume
	193	+	the duties of a parent for two consecutive years immediately preceding the
	194	+	filing of the petition for adoption, there shall be a rebuttable presumption
	195	+	that if the father, after having knowledge of the child's birth, has
	196	+	knowingly failed to provide a substantial portion of the child support as
	197	+	required by judicial decree, when financially able to do so, for a period of
	198	+	two years immediately preceding the filing of the petition for adoption,
	199	+	then such father has failed or refused to assume the duties of a parent.
	200	+	(4) For the purposes of this subsection, "support" means monetary or
	201	+	non-monetary assistance that is reflected in specific and significant acts
	202	+	and sustained over the applicable period.
170	203		(i) A termination of parental rights under this section shall not
171		-	terminate the right of the child to inherit from or through the parent.
172		-	Upon such termination, all the rights of birth parents to such child,
173		-	including their right to inherit from or through such child, shall cease. HOUSE BILL No. 2549—page 4
174		-	Sec. 3. K.S.A. 2023 Supp. 59-2133 and 59-2136 are hereby
175		-	repealed.
176		-	Sec. 4. This act shall take effect and be in force from and after its
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	247	+	terminate the right of the child to inherit from or through the parent. Upon
	248	+	such termination, all the rights of birth parents to such child, including
	249	+	their right to inherit from or through such child, shall cease.
	250	+	Sec. 2. K.S.A. 2023 Supp. 59-2136 is hereby repealed.
	251	+	Sec. 3. This act shall take effect and be in force from and after its
177	252		publication in the statute book.
178		-	I hereby certify that the above BILL originated in the HOUSE, and passed
179		-	that body
180		-	Speaker of the House.
181		-	Chief Clerk of the House.
182		-
183		-	Passed the SENATE ______________________________________________________________________________
184		-	President of the Senate.
185		-	Secretary of the Senate.
186		-	APPROVED __________________________________________________________________________________________________
187		-	Governor.
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