reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-111 When minors may be excluded from courtroom during trials or hearings.

38-111.
When minors may be excluded from courtroom during trials or hearings.
During the trial of an action or the hearing of any proceeding or examination in which vulgar, obscene or immoral evidence is elicited or produced, the police judge trying the case or the judge of the district court hearing the proceeding or examination, may expel and exclude any or all minors from the courtroom and place of trial or hearing.
History:
L. 1885, ch. 144, § 1; R.S. 1923, 38-111; L. 1976, ch. 145, § 159; January 10, 1977.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-112 Children's homes; powers of corporations.

38-112.
Children's homes; powers of corporations.
Any corporation heretofore or hereafter organized under the laws of the state of Kansas having for its purpose the care and maintenance of destitute and friendless children, and being authorized by law to surrender said children for adoption, is hereby authorized and empowered to receive and retain such children, and provide them with homes until they reach their majority, and to stand at all times in loco parentis to such children, until it surrenders the same to individuals for adoption.
History:
L. 1889, ch. 134, § 1; R.S. 1923, 38-112; L. 1947, ch. 262, § 1; June 30.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-115 Same; donations and bequests; appropriations by cities or counties over 30,000.

38-115.
Same; donations and bequests; appropriations by cities or counties over 30,000.
It shall be lawful for such corporation to receive donations and bequests and to apply the same to the support of said home; and the proper authorities of any city or county having a population of more than thirty thousand are hereby authorized and empowered to make such appropriation for the benefit of such home as they shall from time to time deem expedient.
History:
L. 1889, ch. 134, § 4; March 19; R.S. 1923, 38-115.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-116 Same; purchase and sale of property.

38-116.
Same; purchase and sale of property.
Said corporation shall have the power to purchase and sell such real and personal property as the board of directors may deem to be for the interest of the corporation.
History:
L. 1889, ch. 134, § 5; March 19; R.S. 1923, 38-116.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-120 Recovery from parents for malicious or willful acts by certain children; limitations.

38-120.
Recovery from parents for malicious or willful acts by certain children; limitations.
Any person receiving bodily injury or any person, partnership, corporation, political subdivision or other entity whose property has been damaged or destroyed shall be entitled to recover damages in an appropriate action at law in a court of competent jurisdiction from the parents of any child, living with the parents, who maliciously or willfully injured such person or damaged or destroyed such property while under the age of 18 years. Such recovery shall be limited to the actual damages in an amount not to exceed $5,000, in addition to taxable court costs, unless the court or jury finds that the malicious or willful act of such minor causing such injury, damage or destruction is the result of parental neglect, in which event the $5,000 limitation does not apply. Recovery under this section for bodily injury shall be limited to actual medical expenses.
History:
L. 1959, ch. 203, § 1; L. 1965, ch. 275, § 1; L. 1978, ch. 156, § 1; L. 1995, ch. 257, § 5; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-122 Consent by parent for surgery and other procedures on child.

38-122.
Consent by parent for surgery and other procedures on child.
Any parent, including a parent who is a minor, whether married or unmarried, may consent to the performance upon his or her child of a medical, surgical or post mortem procedure by a physician licensed to practice medicine or surgery. The consent of a parent who is a minor shall not be voidable because of such minority, but for such purpose a parent who is a minor shall be deemed to have the same legal capacity to act and shall have the same powers and obligations as has a person of legal age.
History:
L. 1967, ch. 241, § 1; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-123 Consent for medical care of unmarried pregnant minor.

38-123.
Consent for medical care of unmarried pregnant minor.
Notwithstanding any other provision of the law, an unmarried pregnant minor where no parent or guardian is available may give consent to the furnishing of hospital, medical and surgical care related to her pregnancy, and such consent shall not be subject to disaffirmance because of minority. The consent of a parent or guardian of an unmarried pregnant minor shall not be necessary in order to authorize hospital, medical and surgical care related to her pregnancy, where no parent or guardian is available.
History: L. 1967, ch. 241, § 2; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-123a Donation of blood by persons over 16; compensation.

38-123a.
Donation of blood by persons over 16; compensation.
Any person 16 years of age or older shall be eligible to donate blood voluntarily without the necessity of obtaining parental permission or authorization. No person 16 or 17 years of age shall receive compensation for any such donation without parental permission or authorization.
History:
L. 1969, ch. 221, § 1; L. 1972, ch. 161, § 6; L. 1975, ch. 229, § 1; L. 2006, ch. 184, § 2; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-123b Consent by minor 16 or over to hospital, medical or surgical treatment or procedures.

38-123b.
Consent by minor 16 or over to hospital, medical or surgical treatment or procedures.
Notwithstanding any other provision of the law, any minor sixteen (16) years of age or over, where no parent or guardian is immediately available, may give consent to the performance and furnishing of hospital, medical or surgical treatment or procedures and such consent shall not be subject to disaffirmance because of minority. The consent of a parent or guardian of such a minor shall not be necessary in order to authorize the proposed hospital, medical or surgical treatment or procedures.
History:
L. 1969, ch. 220, § 1; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-134 Information concerning child provided to foster parent by secretary for children and families.

38-134. Information concerning child provided to foster parent by secretary for children and families.
(a) As used in this section:
(1) "Child" means a person under 18 years of age who has been removed from the home of a relative as a result of judicial determination and whose placement and care is the responsibility of the secretary.
(2) "Family foster home" means a private home in which care is given for 24 hours a day for children away from their parent or guardian and which is licensed under K.A.R. 28-4-311 et seq.
(3) "Foster family" means all persons living in the foster home other than foster children.
(4) "Foster parent" means the licensee who is responsible for the care of foster children.
(5) "Secretary" means the secretary for children and families.
(b) In order to assist the foster family to make an informed decision regarding their acceptance of a particular child, to help the foster family anticipate problems which may occur during the child's placement and to help the foster family meet the needs of the child in a constructive manner, the secretary shall seek to obtain and shall provide the following information to the foster parent as the information becomes available to the secretary:
(1) Strengths, needs and general behavior of the child;
(2) circumstances which necessitated placement;
(3) information about the child's family and the child's relationship to the family which may affect the placement;
(4) important life experiences and relationships which may affect the child's feelings, behavior, attitudes or adjustment;
(5) medical history of the child, including third-party coverage which may be available to the child; and
(6) education history, to include present grade placement, special strengths and weaknesses.
History:
L. 1990, ch. 144, § 1; L. 2014, ch. 115, § 49; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-135 Definitions; immunization of minor children.

38-135.
Definitions; immunization of minor children.
As used in this act:
(a) "Health care provider" means a person licensed to practice medicine and surgery by the state board of healing arts, a person who holds a temporary permit to practice medicine and surgery issued by the state board of healing arts, a person engaged in a postgraduate training program in medicine and surgery approved by the state board of healing arts, a medical care facility licensed by the department of health and environment, a health maintenance organization issued a certificate of authority by the commissioner of insurance, a licensed professional nurse, a licensed practical nurse, a licensed physician assistant, a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by such law to form such a corporation and who are health care providers as defined by this subsection, a Kansas limited liability company organized for the purpose of rendering professional services by its members who are health care providers as defined by this subsection and who are legally authorized to render the professional services for which the limited liability company is organized, a partnership of persons who are health care providers as defined by this subsection or a Kansas not-for-profit corporation organized for the purpose of rendering professional services by persons who are health care providers as defined by this subsection.
(b) "Parent" means:
(1) A minor's parent by birth or adoption;
(2) a minor's legal guardian; or
(3) any person who under court order is authorized to give consent for a minor.
History:
L. 1995, ch. 183, § 2; L. 2000, ch. 162, § 13; February 1, 2001.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-136 Immunization of minor children; written delegation of consent by parent.

38-136.
Immunization of minor children; written delegation of consent by parent.
(a) Subject to the provisions of this section, a parent may delegate in writing the parent's authority to consent to the immunization of a minor to any of the following individuals, not in order of priority:
(1) A grandparent by birth or adoption;
(2) an adult brother or sister or half brother or half sister, by birth or adoption;
(3) an adult aunt or uncle by birth or adoption;
(4) a stepparent; or
(5) another adult who has care and control of the minor.
(b) A grandparent, brother or sister, aunt or uncle or stepparent of a minor who is the primary caregiver of a minor and who may consent to the immunization of the minor under subsection (a) may delegate in writing the authority to consent to immunization of the minor to another person listed in subsection (a).
(c) A health care provider may rely on a notarized document from another state, territory or country that contains substantially the same information as is required in any immunization consent rules and regulations of the department of health and environment if the document is presented for consent by a person listed in subsection (a).
(d) A person who consents to immunization of a minor under this act shall provide the health care provider with sufficient and accurate health information about the minor for whom the consent is given and, if necessary, sufficient and accurate health information about the minor's family to enable the person providing the consent and the health care provider to determine adequately the risks and benefits inherent in the proposed immunization and determine whether the immunization is advisable.
History:
L. 1995, ch. 183, § 3; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-137 Same; consent for immunization by person other than parent, when.

38-137.
Same; consent for immunization by person other than parent, when.
(a) Subject to the provisions of this section, the following individuals, not in order of priority, may consent to the immunization of a minor if a parent is not reasonably available and the authority to consent is not denied under subsection (b):
(1) A grandparent by birth or adoption;
(2) an adult brother or sister or half brother or half sister, by birth or adoption;
(3) an adult aunt or uncle by birth or adoption;
(4) a stepparent; or
(5) another adult who has care and control of the minor.
(b) A person may not consent to the immunization of a minor under subsection (a) if:
(1) The person has actual knowledge that the parent has expressly refused to give consent to the immunization; or
(2) the parent has told the person that the person may not consent to the immunization of the minor or, in the case of a written authorization, has withdrawn the authorization in writing.
(c) For purposes of this section, a parent is not reasonably available if:
(1) The location of the parent is unknown;
(2) (A) a reasonable effort made by a person listed in subsection (a) to locate and communicate with the parent for the purpose of obtaining consent has failed; and (B) not more than 90 days have passed since the date that the effort was made; or
(3) the parent has been contacted by a person listed in subsection (a) and requested to consent to the immunization of the minor, and the parent: (A) Has not acted on the request; and (B) has not expressly denied authority to the person listed in subsection (a) to consent to immunization of the minor.
(d) A person authorized to consent to the immunization of a minor under this section shall confirm in writing that the parent is not reasonably available and the written confirmation shall be included in the minor's medical record.
History:
L. 1995, ch. 183, § 4; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-138 Healthcare provider to provide information to person consenting to immunization.

38-138.
Healthcare provider to provide information to person consenting to immunization.
The responsibility of a health care provider to provide information to a person consenting to the immunization of a minor as provided by K.S.A. 38-136 and 38-137 is the same as the health care provider's responsibility to a parent.
History:
L. 1995, ch. 183, § 5; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-139 Healthcare provider has immunity if relying on consent.

38-139.
Healthcare provider has immunity if relying on consent.
(a) In the absence of willful misconduct or gross negligence, a health care provider who accepts the health history and other information given by a person who is delegated the authority to consent to the immunization of a minor as provided by K.S.A. 38-136 or 38-137 shall not be liable for an adverse reaction related to an immunization of the minor resulting from factual errors in the health history or information given by the person to the health care provider.
(b) In the absence of willful misconduct or gross negligence, a health care provider who relies on the consent of a person delegated the authority to consent to the immunization of a minor as provided by K.S.A. 38-136 or 38-137 shall not be liable for damages arising from reliance on such consent.
(c) Except for acts of willful misconduct or gross negligence, a person who consents to the immunization of a minor as provided by K.S.A. 38-136 or 38-137 shall not be liable for damages arising from any such immunization administered by a person authorized by law to administer immunizations in this state.
History:
L. 1995, ch. 183, § 6; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-140 Consent to immunize under 38-2217 or 38-2316 not affected.

38-140.
Consent to immunize under 38-2217 or 38-2316 not affected.
The provisions of K.S.A. 38-135 through 38-140 shall not affect authority to consent to immunization of a minor pursuant to K.S.A. 38-2217 or 38-2316, and amendments thereto, or pursuant to any other law.
History:
L. 1995, ch. 183, § 7; L. 2006, ch. 169, § 106; L. 2007, ch. 195, § 19; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-141 Parents' rights to exercise primary control over the upbringing of their children; cause of action.

38-141.
Parents' rights to exercise primary control over the upbringing of their children; cause of action.
(a) As used in this section:
(1) "Child" means a person under 18 years of age; and
(2) "parent" means and includes a natural parent, an adoptive parent, a stepparent or a guardian or conservator of a child who is liable by law to maintain, care for or support the child.
(b) It shall be the public policy of this state that parents shall retain the fundamental right to exercise primary control over the care and upbringing of their children in their charge. It is further the public policy of this state that children shall have the right to protection from abuse and neglect.
(c) Nothing in subsection (b) shall be interpreted to expand, diminish or in any way alter the scope of the rights of parents or children to the extent such rights exist as of the effective date of this act.
(d) Any parent may maintain a cause of action in state court or in any court of competent jurisdiction for claims arising under the principles established in subsection (b). Any person authorized by law to act on behalf of a child may maintain a cause of action in the name of such child in any court of competent jurisdiction for claims arising under the principles established in subsection (b).
History:
L. 1996, ch. 229, § 159; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-142 Grandparents as caregivers act; citation.

38-142.
Grandparents as caregivers act; citation.
The provisions of K.S.A. 38-142 through 38-148, and amendments thereto, shall be known and may be cited as the grandparents as caregivers act.
History:
L. 2006, ch. 208, § 1; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-143 Same; definitions.

38-143. Same; definitions.
As used in the grandparents as caregivers act:
(a) "Program" means the grandparents as caregivers program.
(b) "Secretary" means the secretary for children and families.
(c) "Department" means the Kansas department for children and families.
History:
L. 2006, ch. 208, § 2; L. 2014, ch. 115, § 50; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-144 Grandparents as caregivers program; administration.

38-144. Grandparents as caregivers program; administration.
(a) In accordance with the provisions of the grandparents as caregivers act and subject to the provisions of appropriation acts, the secretary shall establish a grandparents as caregivers program within the Kansas department for children and families. The program shall be administered in a manner which recognizes that:
(1) The relationship between a child and a parent differs from the relationship between a child and a grandparent;
(2) society and the demands and needs of the members of society change between the time a person raises a child and the time the same person raises a grandchild;
(3) caring for a grandchild often places additional financial, social and psychological strain on grandparents with fixed incomes;
(4) different parenting skills are necessary when raising a grandchild, and many grandparents do not possess such skills, are not aware of how to obtain such skills and cannot afford access to the services necessary to obtain such skills;
(5) grandparents acting as caregivers need a support structure, including counseling for both the grandparent and grandchild, respite care, transportation assistance and child care; and
(6) grandparents are often unaware of medical and other assistance, including cash assistance for which they may be eligible.
History:
L. 2006, ch. 208, § 3; L. 2014, ch. 115, § 51; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-145 Same; eligibility requirements.

38-145.
Same; eligibility requirements.
(a) If a person meets the financial eligibility requirements developed by the secretary, a grandparent shall be eligible to participate in the program if such grandparent:
(1) Is 50 years of age or older;
(2) has the grandchild placed in such grandparent's custody by the state, is the legal guardian of the grandchild or has other legal custody of the grandchild; and
(3) has an annual household income of less than 130% of the federal poverty level.
(b) A grandparent shall not be eligible to participate in the program if the parent or parents of the child reside with such grandparent.
(c) The secretary annually shall review the eligibility of grandparents participating in the program. Grandparents shall be required to meet eligibility requirements each year to continue in the program.
History:
L. 2006, ch. 208, § 4; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-146 Same; eligibility of persons other than grandparent.

38-146.
Same; eligibility of persons other than grandparent.
If there are no grandparents of a child who are willing to participate in the program, the secretary may include in the program any other close relative who becomes the legal guardian of the child or obtains legal custody of the child, as granted by a court of competent jurisdiction or through placement by the secretary. In order to participate, such relative must meet the eligibility requirements of subsections (a)(1), (a)(2) and (a)(3) of K.S.A. 38-145, and amendments thereto. A relative qualifying for the program pursuant to this section shall be considered a grandparent for purposes of this act.
History:
L. 2006, ch. 208, § 5; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-147 Same; duties of secretary of SRS; reimbursement of costs; counseling and ancillary or support services; medical assistance.

38-147.
Same; duties of secretary of SRS; reimbursement of costs; counseling and ancillary or support services; medical assistance.
By January 1, 2007, and subject to the provisions of appropriation acts, the secretary:
(a) Shall reimburse grandparents in the program for the cost of the care of the grandchild in the amount of $200 per grandchild per month but not to exceed a total of $600 per month. Such reimbursements shall not be considered income in determining eligibility for public assistance benefits under other state programs and, to the extent allowed by federal law, under federal programs, with the exception of temporary assistance for needy families which may not be received for those same grandchildren. Grandparents in the program shall continue to receive reimbursement until the child reaches the age of 18 or the age of 21, if such child is in full-time attendance at a secondary school, postsecondary educational institution as defined by K.S.A. 74-3201b, and amendments thereto, or an institution as defined by K.S.A. 74-32,163, and amendments thereto, or is in a state accredited job training program. Grandparents annually shall submit to the secretary a sworn statement that the child is living with and receiving support from the grandparents. A child attending a postsecondary educational institution or an institution shall be considered as living with the grandparents. The parent of any child receiving or for which assistance is received through the program shall remain liable for the support of the child as required by law;
(b) may provide continuing counseling for the child and grandparent under the program;
(c) may provide ancillary or support services including, but not limited to, respite care, child care, clothing allowances, parenting skills training, childhood immunizations and other health screening and transportation assistance. Eligibility for services pursuant to the program shall be based on the same eligibility criteria used for other benefits provided by the department; and
(d) may provide a medical card and other medical assistance to each child under the program.
History:
L. 2006, ch. 208, § 6; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-148 Same; annual report to the legislature; rules and regulations.

38-148.
Same; annual report to the legislature; rules and regulations.
(a) The secretary, on or before the first day of the regular legislative session, shall report annually to the legislature:
(1) The number of children participating in the program and the breakdown of where these children were placed, with either a grandparent or other close relative;
(2) the number of children moved from a foster care placement or other state custody to a grandparent or other close relative;
(3) an overview of the moneys spent on the program; and
(4) the cost-savings analysis of implementing the program by having the children placed with a grandparent or other close relative instead of being placed in state custody.
(b) The secretary may adopt any rules and regulations necessary to implement the provisions of this act.
History:
L. 2006, ch. 208, § 7; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 1 - General Provisions › 38-149 Same; entitlement not created.

38-149.
Same; entitlement not created.
The provisions of the grandparents as caregivers act shall not be construed to create an entitlement for participants in the program.
History:
L. 2006, ch. 208, § 8; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-306 Institution to have custody and control of child.

38-306.
Institution to have custody and control of child.
No parent or guardian or other person who by instrument of writing surrenders or has heretofore surrendered the custody of a child to any children's aid society, or institution shall thereafter, contrary to the terms of such instruments, be entitled to the custody of or any control or authority over or any right to interfere with any such child, and these same conditions shall prevail where a child is or has been delivered to such children's aid society or institution by action of any proper court.
History:
L. 1901, ch. 106, § 6; March 15; R.S. 1923, 38-306.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-315 Unlawful placing or receiving of child from another state; penalty.

38-315.
Unlawful placing or receiving of child from another state; penalty.
No association which is incorporated under the laws of any other state than the state of Kansas shall place any child in any family home within the boundaries of the state of Kansas, either with or without indenture or for adoption, unless the said association shall have furnished the board of administration* with such guaranty as they may require that no child will be brought into the state of Kansas by such society or its agents having any contagious or incurable disease, or having any deformity, or being of feeble mind or vicious character, and that said association will receive and remove from the state any child brought into the state of Kansas by its agent which shall become a public charge within the period of five years after being brought into the state. Any person who shall receive to be placed in a home, or shall place in a home, any child in behalf of any association incorporated in any other state than the state of Kansas which shall not have complied with the requirements of this act shall be imprisoned in the county jail not more than thirty days, or fined not less than five dollars or more than one hundred dollars, or both, in the discretion of the court.
History:
L. 1901, ch. 106, § 15; March 15; R.S. 1923, 38-315.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-319 Policy of state to identify and encourage adoption of certain hard-to-place children; financial support.

38-319.
Policy of state to identify and encourage adoption of certain hard-to-place children; financial support.
It is hereby declared to be the policy of this state to identify and encourage the adoption of certain hard-to-place children now living in or likely to be placed in foster homes or institutions, and to secure for such children the benefits and security of permanent homes in which such children can receive continuous parental care, guidance, protection and love, and to reduce the number of such children who must be placed or remain in foster homes or institutions until they become adults. It is further declared to be the policy of this state to secure the right of such children to a stable and permanent family life by insuring that no child need be deprived of such care by a family otherwise qualified to adopt. It is further declared to be the policy of this state to reduce the total cost to the state of foster home and institutional care by means of the program of adoption support authorized in this act.
History:
L. 1972, ch. 162, § 1; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-320 Definitions.

38-320. Definitions.
As used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein:
(a) "Department" means the Kansas department for children and families or any division thereof.
(b) "Secretary" means the secretary for children and families or the secretary's designee.
History:
L. 1972, ch. 162, § 2; L. 1974, ch. 175, § 1; L. 2014, ch. 115, § 52; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-321 Administration of program of adoption support; rules and regulations.

38-321.
Administration of program of adoption support; rules and regulations.
The secretary is hereby authorized and directed to adopt such rules and regulations as may be necessary to assist in the administration of the program of adoption support authorized by this act. The regulations adopted pursuant to this act also shall provide for the periodic review of the amount and continued eligibility for such adoption support sufficient to protect the interest of the child, the family and the public, and shall provide for appeal procedures.
History: L. 1972, ch. 162, § 3; L. 1974, ch. 175, § 2; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-322 Eligibility of child for adoption support.

38-322.
Eligibility of child for adoption support.
Before a child may become eligible for adoption support under this act, it shall be necessary that:
(a) The child shall be or have been a child hard to place in adoption due to attitudes of society toward his: Age; racial or ethnic background; mental, emotional or physical handicap; or membership in a sibling group; and
(b) The child shall have resided in a foster home or child-care institution or, in the judgment of the secretary, is both eligible for, and likely to be placed in, either a foster home or institution.
History: L. 1972, ch. 162, § 4; L. 1974, ch. 175, § 3; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-323 Termination of adoption support.

38-323.
Termination of adoption support.
Adoption support under this act shall not continue: (a) Beyond the time that the adopted child reaches eighteen (18) years of age, unless such adopted person is participating in an educational or training program approved by the secretary, in which case adoption support under this act shall continue until such adopted person becomes twenty-one (21) years of age or until such adopted person ceases participation in an educational or training program approved by the secretary, whichever occurs first; or (b) beyond the time that the adopted child becomes emancipated, dies or otherwise ceases to need support.
History:
L. 1972, ch. 162, § 5; L. 1979, ch. 121, § 1; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-324 Adoption support; eligibility of prospective parent; amount of payments.

38-324.
Adoption support; eligibility of prospective parent; amount of payments.
A prospective parent seeking adoption support hereunder shall be a person who has the character, judgment, sense of responsibility and disposition which makes him or her suitable as an adoptive parent under the provisions of K.S.A. 59-2101 et seq., and who lacks the financial means fully to care for such child. Factors to be considered by the secretary in setting the amount of any payment or payments to be made pursuant to this act shall include: The size of the family, including the adoptive child; the usual living expenses of the family; the special needs of any family members; and the family income. Whenever it appears to the secretary that the adoptive parents are no longer in need of adoption support, such support shall be terminated.
History: L. 1972, ch. 162, § 6; L. 1974, ch. 175, § 4; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-325 Acceptance and use of funds by director for purposes of act; payments.

38-325.
Acceptance and use of funds by director for purposes of act; payments.
Within the limits of appropriations made for the care of children in foster homes and child-care institutions, the secretary is hereby authorized to make funds available to carry out the provisions of this act and, for such purposes, to contract with any public agency or licensed child placement agency or adoptive parent. The secretary is authorized further to accept funds from other sources including federal, private and other public funding sources to carry out the purposes of this act. Payments may be continuing or lump sum payments of adoptive support. In lieu of or in addition to continuing payments, the secretary may make one or more specific lump sum payments for or on behalf of the child, either to the adoptive parent or directly to other persons to assist in correcting any condition causing such child to be hard to place for adoption.
History: L. 1972, ch. 162, § 7; L. 1974, ch. 175, § 5; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-326 Limitation on amount of adoption support.

38-326.
Limitation on amount of adoption support.
In no event shall adoption support under this act exceed the usual cost to the department for the monthly cost of care in a foster home, including medical services and other special grants as determined by the secretary.
History: L. 1972, ch. 162, § 8; L. 1974, ch. 175, § 6; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-327 Recommendations by child placing agency; preplacement study or supervision of home.

38-327.
Recommendations by child placing agency; preplacement study or supervision of home.
Any child placing agency having a child in foster care or institutional care may recommend to the secretary support of the adoption of such child and may include in its recommendation any other information likely to assist the secretary in carrying out the functions vested in him by this act. Such agency may be retained by the secretary to make the required replacement study or supervision of the prospective adoptive home.
History: L. 1972, ch. 162, § 9; L. 1974, ch. 175, § 7; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-328 Court may waive costs.

38-328.
Court may waive costs.
The district court may waive the court costs and other related costs for any adoptions under the provisions of this act.
History:
L. 1972, ch. 162, § 10; L. 1976, ch. 145, § 162; January 10, 1977.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-335 Interstate compact; declaration of need and policy.

38-335.
Interstate compact; declaration of need and policy.
(a) It is hereby found and declared that: (1) Adoptive families of special needs children who move to other states often have difficulty in obtaining medical services due to reluctance by medical providers to accept Kansas medical cards; (2) as a consequence, adoptive placements for special needs children have been disrupted in the past due to the inability to receive medical services in the state of residence; and (3) the best interests of special needs children and their adoptive families who move to other states would be served by assuring a continuation of adoption assistance as long as there is a need and by providing a mechanism through which medical services can be provided in the state of residence.
(b) It shall, therefore, be the policy of this state, in adopting the interstate compact on adoption and medical assistance, to cooperate fully with other states in providing for continuing adoption assistance and medical services for special needs children who move.
History:
L. 1985, ch. 141, § 1; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-337 Compact administrator; appointment; duties.

38-337.
Compact administrator; appointment; duties.
Pursuant to the compact, the governor may designate an officer who shall be the compact administrator and who, acting jointly with similar officers of other party states, shall adopt rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall serve subject to the pleasure of the governor. The compact administrator shall cooperate with all departments, agencies and officers of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state hereunder.
History:
L. 1985, ch. 141, § 3; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-338 Supplementary agreements.

38-338.
Supplementary agreements.
The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to the compact. If a supplementary agreement requires or contemplates the use of any institution or facility of this state or requires or contemplates the provision of any service by this state, the supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.
History:
L. 1985, ch. 141, § 4; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-339 Financial arrangements.

38-339.
Financial arrangements.
The compact administrator, subject to the approval of the director of accounts and reports, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into under the compact.
History:
L. 1985, ch. 141, § 5; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 3 - Dependent Or Neglected Children › 38-340 Enforcement of compact.

38-340.
Enforcement of compact.
The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.
History:
L. 1985, ch. 141, § 6; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 5 - Detention And Parental Homes Or Farms › 38-501 Establishment by county commissioners; petition; election.

38-501.
Establishment by county commissioners; petition; election.
(a) The county commissioners of any county having a population of more than 20,000 may provide a detention home or juvenile farm for the purpose of caring for children who are under 18 years of age and who are delinquent, miscreant, juvenile offenders, wayward, deprived or children in need of care.
(b) Upon presentation to the board of county commissioners of any county of this state of a petition signed by at least 15% of the voters of the county, the board shall call an election to be held at the date of the next general election and shall submit at such election the question of establishing a detention home or juvenile farm. The question shall appear upon the ballot as follows:
For the detention home (or juvenile farm)    ☐
Against the detention home (or juvenile farm)    ☐
If a majority of the votes cast for and against such proposition shall be in favor of such establishment, the board of county commissioners shall proceed to establish the same as herein provided.
(c) In the establishment of a detention home or juvenile farm or in any home or farm previously established, the commissioners shall provide separate quarters for those children who are delinquent, miscreant or juvenile offenders and those children who are wayward, deprived or children in need of care. Until a properly equipped juvenile farm has been provided, the county commissioners may lease or rent a suitable building or part thereof, for a term not to exceed five years, to be used for those purposes.
History:
L. 1907, ch. 177, § 7; L. 1923, ch. 108, § 1; R.S. 1923, 38-501; L. 1976, ch. 145, § 163; L. 1983, ch. 140, § 8; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 5 - Detention And Parental Homes Or Farms › 38-502 Management; purpose.

38-502.
Management; purpose.
The detention home shall be in the charge of a person or persons who shall be under the supervision of the judge of the district court. The inmates of the detention home shall be controlled as far as possible through parental care. The children shall be placed in the public schools if possible, or the commissioners may provide for separate instruction within the home. The detention home is to supplement the work of the district court and to be used instead of any jail or prison, but it shall be the policy of the judge of the district court, court services officer and the person or persons in charge of the detention home to make the detention home a temporary home and as soon as possible to provide for the return of the inmates of the home to their biological parents, adoptive parents or legal guardians.
History:
L. 1907, ch. 177, § 8; R.S. 1923, 38-502; L. 1975, ch. 52, § 12; L. 1976, ch. 145, § 164; L. 1984, ch. 112, § 11; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 5 - Detention And Parental Homes Or Farms › 38-503 Same; record; monthly report.

38-503.
Same; record; monthly report.
It shall be the duty of the matron or superintendent of the detention home to keep a complete record of all inmates of the home, including age, sex, time of admission, and time of discharge, conduct and character, state of health at time of admission and dismissal, and shall make a monthly report to the judge of the district court on a blank provided for the same.
History:
L. 1907, ch. 177, § 9; R.S. 1923, 38-503; L. 1976, ch. 145, § 165; January 10, 1977.
2023 Kansas Statutes › Chapter 38 - Minors › Article 5 - Detention And Parental Homes Or Farms › 38-504 Same; support and maintenance; tax levy, use of proceeds; salary of matron or superintendent.

38-504.
Same; support and maintenance; tax levy, use of proceeds; salary of matron or superintendent.
For the support and maintenance of the detention home or juvenile farm and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, the county commissioners shall make an estimate of the cost and levy a tax, as in the case of providing for other expenses of the county, and all expenses of the said detention home or juvenile farm shall be accorded as a part of the expenses of the said district court of the said county. The salary of the matron or superintendent shall be fixed by the county commissioners, and warrants shall be drawn for the payment of said salary and all other bills regularly allowed by the said commissioners on account of said expenses for the maintenance of said detention home or juvenile farm.
History:
L. 1907, ch. 177, § 10; R.S. 1923, 38-504; L. 1976, ch. 145, § 166; L. 1979, ch. 52, § 142; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 5 - Detention And Parental Homes Or Farms › 38-505 Establishment by county commissioners or upon petition of electors.

38-505.
Establishment by county commissioners or upon petition of electors.
In every county having a city whose population is not less than 53,000, the board of county commissioners may by unanimous vote, and shall upon petition of 30% of the electors of the county, procure the necessary ground and erect and maintain suitable buildings for a parental home for children within the county who are homeless, deprived, wayward, miscreant, delinquent, children in need of care or juvenile offenders.
History:
L. 1915, ch. 276, § 1; L. 1919, ch. 211, § 1; R.S. 1923, 38-505; L. 1982, ch. 182, § 127; January 1, 1983.
2023 Kansas Statutes › Chapter 38 - Minors › Article 5 - Detention And Parental Homes Or Farms › 38-506 Admission of children.

38-506.
Admission of children.
Any child who is homeless, deprived, wayward, miscreant, delinquent, a child in need of care or a juvenile offender may be kept at the home provided for by this act, upon order of the judge of the district court.
History:
L. 1915, ch. 276, § 2; R.S. 1923, 38-506; L. 1976, ch. 145, § 167; L. 1983, ch. 140, § 9; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 5 - Detention And Parental Homes Or Farms › 38-507 Purchase of buildings; tax levy, use of proceeds.

38-507.
Purchase of buildings; tax levy, use of proceeds.
For the purchase of the necessary ground and the erection of a suitable building or buildings for the purposes herein provided for and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, the board of county commissioners may, by unanimous vote, levy a tax on all taxable tangible property of the county and also may, by unanimous vote, levy an annual tax for the support and maintenance of such home and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, which taxes shall be levied and collected as in case of providing for other expenses of the county.
History:
L. 1915, ch. 276, § 3; R.S. 1923, 38-507; L. 1970, ch. 100, § 32; L. 1975, ch. 162, § 28; L. 1979, ch. 52, § 143; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 5 - Detention And Parental Homes Or Farms › 38-508 Same; management; advisory board; appointment; terms.

38-508.
Same; management; advisory board; appointment; terms.
The home herein provided for shall be in the charge of a person or persons to be selected by the judge of the district court. Such managers shall receive and have the advisory assistance of a board consisting of five (5) residents of such county who shall be named by the board of county commissioners, two (2) whose terms shall be for four (4) years, one whose term shall be for three (3) years, one whose term shall be for two (2) years, and one for one year, and upon the expiration of such terms appointments shall be made for four (4) years, and such advisory board shall at all times have access to the home and every department thereof and shall be entitled to familiarity with every detail in its management.
History:
L. 1915, ch. 276, § 4; R.S. 1923, 38-508; L. 1975, ch. 52, § 13; L. 1976, ch 145, § 168; January 10, 1977.