reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2227 Child advocacy centers; requirements, duties, provision of services.

38-2227. Child advocacy centers; requirements, duties, provision of services.
(a) A child advocacy center in this state shall:
(1) Be a private, nonprofit incorporated agency or a governmental entity.
(2) Be a child advocacy center recognized by the national children's alliance.
(3) Have a neutral, child-focused facility where forensic interviews take place with children in appropriate cases of suspected or alleged physical, mental or emotional abuse or sexual abuse. All agencies shall have a place to interact with the child as investigative or treatment needs require.
(4) Have a minimum designated staff that is supervised and approved by the local board of directors or governmental entity.
(5) Have a multidisciplinary team that meets on a regularly scheduled basis or as the caseload of the community requires. The team shall include, but not be limited to, representatives from the state or local office prosecuting such case, law enforcement, child protective services, mental health services, a victim's advocate, child advocacy center staff and medical personnel.
(6) Provide case tracking of child abuse cases seen through the center. A center shall also collect data on the number of child abuse cases seen at the center, by sex, race, age, and other relevant data, the number of cases referred for prosecution, and the number of cases referred for medical services or mental health therapy.
(7) Provide medical examination services and evidence collection for physical, mental, emotional or sexual abuse, including sexual assault evidence collection pursuant to K.S.A. 65-448, and amendments thereto, on site at the child advocacy center, or provide referrals for medical examination services or evidence collection not on the site of the child advocacy center.
(8) Provide mental health therapy on site at the child advocacy center, or provide referrals for mental health therapy to a facility not on the site of the child advocacy center.
(9) Have an interagency commitment, in writing, covering those aspects of agency participation in a multidisciplinary approach to the handling of cases involving physical, mental or emotional abuse.
(10) Provide that child advocacy center employees and volunteers at the center are trained and screened in accordance with K.S.A. 65-516, and amendments thereto.
(11) Provide training for child advocacy center staff who interview children in forensic children's interview technique.
(b) Any child advocacy center within this state that meets the standards prescribed by this section shall be eligible to receive state funds that are appropriated by the legislature.
History:
L. 2006, ch. 200, § 22; L. 2022, ch. 40, § 2; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2228 Multidisciplinary team.

38-2228.
Multidisciplinary team.
The court on its own motion or upon request may, at any time, appoint a multidisciplinary team to assist in gathering information regarding a child who may be or is a child in need of care. The team may be a standing multidisciplinary team or may be appointed for a specific child. Any person appointed as a member of a multidisciplinary team may decline to serve and shall incur no civil liability as the result of declining to serve.
History:
L. 2006, ch. 200, § 23; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2229 Investigation of abuse or neglect; subpoena; request to quash.

38-2229.
Investigation of abuse or neglect; subpoena; request to quash.
(a) The secretary, a law enforcement officer, or a multidisciplinary team appointed pursuant to K.S.A. 38-2228, and amendments thereto, may request disclosure of documents, reports or information in regard to a child, who is the subject of a report of abuse or neglect, by making a written verified application to the district court. Upon a finding by the court that there is probable cause to believe the information sought will assist in the investigation of a report of child abuse or neglect, the court may issue a subpoena, subpoena duces tecum or an order for the production of the requested documents, reports or information and directing the documents, reports or information to be delivered to the applicant at a specific time, date and place.
(b) The time and date of delivery shall not be sooner than five days after the service of the subpoena or order, excluding Saturdays, Sundays, holidays, and days on which the office of the clerk of the court is not accessible. The court issuing the subpoena or order shall keep all applications filed pursuant to this subsection and a copy of the subpoena or order in a special file maintained for that purpose. Upon receiving service of a subpoena, subpoena duces tecum or an order for production pursuant to this section, the person or agency served shall give oral or written notice of service to any person known to have a right to assert a privilege or assert a right of confidentiality in regard to the documents, reports or information sought at least seven days before the date of delivery.
(c) Any parent, child, guardian ad litem, person or entity subpoenaed or subject to an order of production or person or entity who claims a privilege or right of confidentiality may request in writing that the court issuing the subpoena or order of production quash the subpoena, subpoena duces tecum or order for production issued pursuant to this section. The request shall automatically stay the operation of the subpoena, subpoena duces tecum or order for production and the documents, reports or information requested shall not be delivered until the issuing court has held a hearing to determine if the documents, reports or information are subject to the claimed privilege or right of confidentiality, and whether it is in the best interests of the child for the subpoena or order to produce to be honored. The request to quash shall be filed with the district court issuing the subpoena or order at least 24 hours prior to the specified time and date of delivery, excluding Saturdays, Sundays, holidays, or days on which the office of the clerk of the court is not accessible, and a copy of the written request must be given to the person subpoenaed or subject to the order for production at least 24 hours prior to the specified time and date of delivery.
History:
L. 2006, ch. 200, § 24; L. 2010, ch. 135, § 46; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2230 Same; duties of the department for children and families.

38-2230.
Same; duties of the department for children and families.
Whenever any person furnishes information to the secretary that a child appears to be a child in need of care, the department shall make a preliminary inquiry to determine whether the interests of the child require further action be taken. Whenever practicable, the inquiry shall include a preliminary investigation of the circumstances which were the subject of the information, including the home and environmental situation and the previous history of the child. If reasonable grounds to believe abuse or neglect exist, immediate steps shall be taken to protect the health and welfare of the abused or neglected child as well as that of any other child under the same care who may be harmed by abuse or neglect. After the inquiry, if the secretary determines it is not otherwise possible to provide those services necessary to protect the interests of the child, the secretary shall recommend to the county or district attorney that a petition be filed.
History:
L. 2006, ch. 200, § 25; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2231 Child under 18, when law enforcement officers or court services officers may take into custody; sheltering a runaway.

38-2231. Child under 18, when law enforcement officers or court services officers may take into custody; sheltering a runaway.
(a) A law enforcement officer or court services officer shall take a child under 18 years of age into custody when:
(1) The law enforcement officer or court services officer has a court order commanding that the child be taken into custody as a child in need of care; or
(2) the law enforcement officer or court services officer has probable cause to believe that a court order commanding that the child be taken into custody as a child in need of care has been issued in this state or in another jurisdiction.
(b) A law enforcement officer shall take a child under 18 years of age into custody when the officer:
(1) Reasonably believes the child will be harmed if not immediately removed from the place or residence where the child has been found;
(2) has probable cause to believe that the child is a runaway or a missing person or a verified missing person entry for the child can be found in the national crime information center missing person system;
(3) reasonably believes the child is a victim of human trafficking, aggravated human trafficking or commercial sexual exploitation of a child; or
(4) reasonably believes the child is experiencing a behavioral health crisis and is likely to cause harm to self or others.
(c) (1) If a person provides shelter to a child whom the person knows is a runaway, such person shall promptly report the child's location either to a law enforcement agency or to the child's parent or other custodian.
(2) If a person reports a runaway's location to a law enforcement agency pursuant to this section and a law enforcement officer of the agency has reasonable grounds to believe that it is in the child's best interests, the child may be allowed to remain in the place where shelter is being provided, subject to subsection (b), in the absence of a court order to the contrary. If the child is allowed to so remain, the law enforcement agency shall promptly notify the secretary of the child's location and circumstances.
(d) Except as provided in subsections (a) and (b), a law enforcement officer may temporarily detain and assume temporary custody of any child subject to compulsory school attendance, pursuant to K.S.A. 72-3120, and amendments thereto, during the hours school is actually in session and shall deliver the child pursuant to K.S.A. 38-2232(g), and amendments thereto.
History:
L. 2006, ch. 200, § 26; L. 2013, ch. 120, § 32; L. 2016, ch. 102, § 12; L. 2018, ch. 107, § 2; L. 2023, ch. 96, § 5; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2233 Filing of petition on referral by the department for children and families or other person; filing by individual.

38-2233.
Filing of petition on referral by the department for children and families or other person; filing by individual.
(a) Whenever the secretary or any other person refers a case to the county or district attorney for the purpose of filing a petition alleging that a child is a child in need of care, the county or district attorney shall review the facts, recommendations and any other evidence available and determine if the circumstances warrant filing a petition.
(b) Any individual may file a petition alleging a child is a child in need of care and the individual may be represented by the individual's own attorney in the presentation of the case.
(c) When a petition is filed alleging an infant surrendered pursuant to K.S.A. 38-2282, and amendments thereto, is a child in need of care, the petition shall include a request that the court find that reintegration is not a viable alternative. Such petition also shall include a request to terminate the parental rights of the parents of such infant. An expedited hearing shall be granted on any petition filed pursuant to this subsection.
History:
L. 2006, ch. 200, § 28; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2235 Procedure upon filing of petition.

38-2235.
Procedure upon filing of petition.
(a) Upon the filing of a petition under this code the court shall proceed by one of the following methods:
(1) The court shall issue summons pursuant to K.S.A. 38-2236, and amendments thereto, setting the matter for hearing within 30 days of the date the petition is filed. The summons, with a copy of the petition attached, shall be served pursuant to K.S.A. 38-2237, and amendments thereto.
(2) If the child has been taken into protective custody under the provisions of K.S.A. 38-2242, and amendments thereto, and a temporary custody hearing is held as required by K.S.A. 38-2243, and amendments thereto, a copy of the petition shall be served at the hearing on each party and interested party in attendance and a record of service made a part of the proceedings. The court shall announce the time of the next hearing. Process shall be served on any party or interested party not at the temporary custody hearing pursuant to subsection (a)(1). Upon the written request of the petitioner or the county or district attorney, separate or additional summons shall be issued to any party and interested party.
(b) If the petition requests custody to the secretary, the court shall cause a copy of the petition to be provided to the secretary upon filing.
History:
L. 2006, ch. 200, § 30; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2236 Summons; persons to be served; notice of hearing.

38-2236.
Summons; persons to be served; notice of hearing.
(a) Persons to be served. The summons and a copy of the petition shall be served on:
(1) The child alleged to be a child in need of care by serving the guardian ad litem appointed for the child;
(2) the parents or parent having legal custody or who may be ordered to pay child support by the court;
(3) the person with whom the child is residing; and
(4) any other person designated by the county or district attorney.
(b) A copy of the petition and notice of hearing shall be mailed by first class mail to the child's grandparents with whom the child does not reside.
History:
L. 2006, ch. 200, § 31; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2237 Service of process.

38-2237.
Service of process.
Summons, notice of hearings and other process may be served by one of the following methods:
(a) Personal and residence service. Personal and residence service is completed by service in substantial compliance with the provisions of K.S.A. 60-303, and amendments thereto. Personal service upon an individual outside the state shall be made in substantial compliance with the applicable provisions of K.S.A. 60-308, and amendments thereto.
(b) Service by return receipt delivery. Service by return receipt delivery is completed upon mailing or sending only in accordance with the provisions of subsection (c) of K.S.A. 60-303, and amendments thereto.
(c) First class mail service. Service may be made by first class mail, addressed to the individual to be served at the usual place of residence of the person with postage prepaid, and is completed upon the person appearing before the court in response thereto. If the person fails to appear, the summons, notice or other process shall be delivered by personal service, residential service, certified mail service or publication service.
(d) Service upon confined parent. If a parent of a child who is the subject of proceedings under this code is confined in a state or federal penal institution, state or federal hospital or other institution, service shall be made by return receipt delivery to addressee only to both the person in charge of the institution and the confined parent in care of the person in charge of the institution or that person's designee. Personal service on a confined parent who is present in the courtroom cures any defect in notice to the person in charge of the institution.
(e) Service by publication. If service cannot be completed after due diligence using any other method provided in this section, service may be made by publication in accordance with this subsection. Before service by publication, the petitioner, or someone on behalf of the petitioner, shall file an affidavit which shall state the affiant has made an attempt, but unsuccessful, with due diligence to ascertain the names or residences, or both, of the persons. The notice shall be published once a week for two consecutive weeks in the newspaper authorized to publish legal notices in the county where the petition is filed. If a parent cannot be served by other means and due diligence has revealed with substantial certainty that the parent is residing in a particular locality, publication shall also be in a newspaper authorized to publish legal notices in that locality.
History:
L. 2006, ch. 200, § 32; L. 2007, ch. 36, § 1; L. 2008, ch. 169, § 5; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2238 Proof of service.

38-2238.
Proof of service.
Proof of service shall be made as follows:
(a) Personal or residential service. (1) Every officer to whom summons or other process is delivered for service within the state shall make written report of the place, manner and date of service of the process.
(2) Every officer to whom summons or other process shall be delivered for service outside this state shall make written report of the place, manner and time of service.
(3) If the process is, by order of the court, delivered to a person other than an officer for service that person shall report the place, manner and time of service by affidavit.
(b) Service by mail. The clerk or a deputy clerk shall make a written report of service by mail.
(c) Publication service. Service by publication shall be reported by an affidavit showing the dates upon and the newspaper in which the notice was published. A copy of the published notice shall be attached to the affidavit.
(d) Amendment of report. The judge may allow an amendment of a report of service at any time and upon terms as are deemed just to correctly reflect the true manner of service.
History:
L. 2006, ch. 200, § 33; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2239 Service of other pleadings.

38-2239.
Service of other pleadings.
(a) Proceedings upon filing. Upon the filing of a subsequent pleading, other than a petition, indicating the necessity for a hearing, the court shall fix the time and place for the hearing.
(b) Notice. The notice of hearing shall be given by the clerk, unless otherwise ordered by the court. The notice shall be dated the day it is issued, contain the name of the court and the caption in the case.
(c) Notification by first class mail. Unless other provisions of this code expressly require service of process, notice of motions and other pleadings filed subsequent to the petition in connection with the case and any hearings to be held on such motions or other pleadings may be provided by first class mail, postage prepaid, to any party or interested party who has been served in accordance with K.S.A. 38-2237, and amendments thereto. Such notice shall be sent to the last address provided to the court by the party or interested party in question. Failure to appear shall not invalidate notice by first class mail. Notice by mail is not required if the court orally notifies a party or interested party of the time and place of the hearing.
History:
L. 2006, ch. 200, § 34; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2240 Subpoenas; witness fees.

38-2240.
Subpoenas; witness fees.
(a) Subject to K.S.A. 38-2241, and amendments thereto, a party or interested party shall be entitled to the use of subpoenas and other compulsory process to obtain the attendance of witnesses. Except as otherwise provided by this code, subpoenas and other compulsory processes shall be issued and served in the same manner and the disobedience thereof punished the same as in other civil cases.
(b) The court shall have the power to compel the attendance of witnesses from any county in the state for proceedings under this code.
(c) Only witnesses who have been subpoenaed shall be allowed witness fees and mileage. No witness shall be entitled to be paid fees or mileage before the witness' actual appearance at court.
History:
L. 2006, ch. 200, § 35; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2245 Discovery.

38-2245.
Discovery.
(a) After a hearing and a finding that discovery procedures, as described in K.S.A. 60-226 through 60-237, and amendments thereto, will expedite the proceedings, the judge may allow discovery subject to limitations.
(b) Upon request of any party or interested party, any other party or interested party shall disclose the names of all potential witnesses.
History:
L. 2006, ch. 200, § 40; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2246 Continuances.

38-2246.
Continuances.
All proceedings under this code shall be disposed of without unnecessary delay. Continuances shall not be granted unless good cause is shown.
History:
L. 2006, ch. 200, § 41; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2247 Attendance at proceedings; confidentiality.

38-2247. Attendance at proceedings; confidentiality.
(a) Adjudication. Proceedings prior to and including adjudication under this code shall be open to attendance by any person unless the court determines that closed proceedings or the exclusion of that person would be in the best interests of the child or is necessary to protect the privacy rights of the parents.
(1) The court may not exclude the guardian ad litem, parties and interested parties.
(2) Members of the news media shall comply with supreme court rule 1001.
(b) Disposition. Proceedings pertaining to the disposition of a child adjudicated to be in need of care shall be closed to all persons except the parties, the guardian ad litem, interested parties and their attorneys, officers of the court, a court appointed special advocate and the custodian.
(1) Other persons may be permitted to attend with the consent of the parties or by order of the court, if the court determines that it would be in the best interests of the child or the conduct of the proceedings, subject to such limitations as the court determines to be appropriate.
(2) The court may exclude any person if the court determines that such person's exclusion would be in the best interests of the child or the conduct of the proceedings.
(c) Notwithstanding subsections (a) and (b) of this section, the court shall permit the attendance at the proceedings of up to two people designated by the parent of the child, both of whom have participated in a parent ally orientation program approved by the judicial administrator.
(1) Such parent ally orientation program shall include, but not be limited to, information concerning the confidentiality of the proceedings; the child and parent's right to counsel; the definitions and jurisdiction pursuant to the Kansas code for care of children; the types and purposes of the hearings; options for informal supervision and dispositions; placement options; the parents' obligation to financially support the child while the child is in the state's custody; obligations of the secretary for children and families; obligations of entities that contract with the Kansas department for children and families for family preservation, foster care and adoption; the termination of parental rights; the procedures for appeals; and the basic rules regarding court procedure.
(2) The court may remove the parent's ally or allies from a proceeding if such ally becomes disruptive in the present proceeding or has been found disruptive in a prior proceeding.
(d) Preservation of confidentiality. If information required to be kept confidential by K.S.A. 38-2209, and amendments thereto, is to be introduced into evidence and there are persons in attendance who are not authorized to receive the information, the court may exclude those persons during the presentation of the evidence or conduct an in camera inspection of the evidence.
History:
L. 2006, ch. 200, § 42; L. 2008, ch. 169, § 9; L. 2014, ch. 115, § 63; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2248 Stipulations and no contest statements.

38-2248.
Stipulations and no contest statements.
(a) In any proceedings under this code, parents, persons with whom the child has been residing pursuant to subsection (d) of K.S.A. 38-2241, and amendments thereto, and guardians ad litem may stipulate or enter no contest statements to all or part of the allegations in the petition.
(b) Prior to the acceptance of any stipulation or no contest statement, other than to names, ages, parentage or other preliminary matters, the court shall ask each of the persons listed in subsection (a) the following questions:
(1) Do you understand that you have a right to a hearing on the allegations contained in the petition?
(2) Do you understand that you may be represented by an attorney and, if you are a parent and financially unable to employ an attorney, the court will appoint an attorney for you, if you so request?
(3) One of the following: (A) Do you understand that a stipulation is an admission that the statements in the petition are true or (B) Do you understand that a no contest statement neither admits nor denies the statement in the petition but allows the court to find that the statements in the petition are true?
(4) Do you understand that, if the court accepts your stipulation or no contest statement, you will not be able to appeal that finding, the court may find the child to be a child in need of care and the court will then make further orders as to the care, custody and supervision of the child?
(5) Do you understand that, if the court finds the child to be a child in need of care, the court is not bound by any agreement or recommendation of the parties as to disposition and placement of the child?
(c) Before accepting a stipulation the court shall find that there is a factual basis for the stipulation.
(d) Before an adjudication based on a no contest statement, the court shall find from a proffer of evidence that there is a factual basis.
(e) In proceedings other than termination of parental rights proceedings under this code if all persons listed in subsection (a) do not stipulate or enter no contest statements, the court shall hear evidence as to those persons, if they are present. The case may proceed by proffer as to persons not present, unless they appear by counsel and have instructed counsel to object.
(f) In evidentiary hearings for termination of parental rights under this code, the case may proceed by proffer as to parties not present, unless they appear by counsel and have instructed counsel to object.
History:
L. 2006, ch. 200, § 43; L. 2008, ch. 169, § 10; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2250 Degree of proof.

38-2250.
Degree of proof.
The petitioner must prove by clear and convincing evidence that the child is a child in need of care.
History:
L. 2006, ch. 200, § 45; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2251 Adjudication.

38-2251.
Adjudication.
(a) If the court finds that the child is not a child in need of care, the court shall enter an order dismissing the proceedings.
(b) If the court finds that the child is a child in need of care, the court shall enter an order adjudicating the child to be a child in need of care and may proceed to enter other orders as authorized by this code.
(c) A final adjudication or dismissal shall be entered within 60 days from the date of the filing of the petition, unless good cause for a continuance is shown on the record.
History:
L. 2006, ch. 200, § 46; L. 2008, ch. 169, § 11; L. 2010, ch. 75, § 11; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2252 Predispositional alternative; placement with person other than child's parent; conference; recommendations; immunity.

38-2252.
Predispositional alternative; placement with person other than child's parent; conference; recommendations; immunity.
(a) Before placement pursuant to this code of a child with a person other than the child's parent, the secretary, the court or the court services officer, at the direction of the court, may convene a conference of persons determined by the court, the secretary or the court services officer to have a potential interest in determining a placement which is in the best interests of the child. Such persons shall be given any information relevant to the determination of the placement of the child, including the needs of the child and any other information that would be helpful in making a placement in the best interests of the child. After presentation of the information, such persons shall be permitted to discuss and recommend to the secretary or the court services officer the person or persons with whom it would be in the child's best interest to be placed. Unless the secretary or the court services officer determines that there is good cause to place the child with a person other than as recommended, the child shall be placed in accordance with the recommendations.
(b) A person participating in a conference pursuant to this section shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of the person's participation.
History:
L. 2006, ch. 200, § 47; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2253 Dispositional hearing; purpose; time.

38-2253.
Dispositional hearing; purpose; time.
(a) At a dispositional hearing, the court shall receive testimony and other relevant information with regard to the safety and well being of the child and may enter orders regarding:
(1) Case planning which sets forth the responsibilities and timelines necessary to achieve permanency for the child; and
(2) custody of the child.
(b) An order of disposition may be entered at the time of the adjudication if notice has been provided pursuant to K.S.A. 38-2254, and amendments thereto, but shall be entered within 30 days following adjudication, unless delayed for good cause shown.
(c) If the dispositional hearing meets the requirements of K.S.A. 38-2265, and amendments thereto, the dispositional hearing may serve as a permanency hearing.
History:
L. 2006, ch. 200, § 48; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2254 Same; notice.

38-2254. Same; notice.
(a) Unless waived by the persons entitled to notice, the court shall require notice of the time and place of the dispositional hearing be given to the parties and interested parties.
(b) The court shall require notice and the right to be heard as to proposals for living arrangements for the child, the services to be provided the child and the child's family, and the proposed permanency goal for the child to the following:
(1) The child's foster parent or parents or permanent custodian providing care for the child;
(2) preadoptive parents for the child, if any;
(3) the child's grandparents at their last known addresses or if no grandparent is living or if no living grandparent's address is known, to the closest relative of each of the child's parents whose address is known;
(4) the person having custody of the child; and
(5) upon request, by any person having close emotional ties with the child and who is deemed by the court to be essential to the deliberations before the court.
(c) The notice required by this subsection shall be given by first class mail, not less than 10 business days before the hearing.
(d) Individuals receiving notice pursuant to subsection (b) shall not be made a party or interested party to the action solely on the basis of this notice and the right to be heard. The right to be heard shall be at a time and in a manner determined by the court and does not confer an entitlement to appear in person at government expense.
(e) The provisions of this subsection shall not require additional notice to any person otherwise receiving notice of the hearing pursuant to K.S.A. 38-2239, and amendments thereto.
History:
L. 2006, ch. 200, § 49; L. 2008, ch. 169, § 12; L. 2018, ch. 107, § 10; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2256 Rehearing.

38-2256.
Rehearing.
After the entry of any dispositional order, the court may rehear the matter on its own motion or the motion of a party or interested party. Upon notice, pursuant to K.S.A. 38-2254, and amendments thereto, and after the rehearing, the court may enter any dispositional order authorized by this code, except that a child support order which has been registered under K.S.A. 38-2279, and amendments thereto, may only be modified pursuant to K.S.A. 38-2279, and amendments thereto.
History:
L. 2006, ch. 200, § 51; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2257 Permanency planning at disposition.

38-2257.
Permanency planning at disposition.
If a child is placed outside the child's home at the dispositional hearing and no permanency plan is made a part of the record of the hearing, a written permanency plan shall be prepared pursuant to K.S.A. 38-2263, and amendments thereto.
History:
L. 2006, ch. 200, § 52; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2259 Emergency change of placement; removal from home of parent, findings of court.

38-2259.
Emergency change of placement; removal from home of parent, findings of court.
(a) When an emergency exists requiring immediate action to assure the safety and protection of the child or the secretary is notified that the foster parents or shelter facility refuse to allow the child to remain, the secretary may transfer the child to another foster home or shelter facility without prior court approval. The secretary shall notify the court of the action at the earliest practical time. When the child is removed from the home of a parent after having been placed in the home for a period of six months or longer, the secretary shall present to the court in writing the specific nature of the emergency and reasons why it is contrary to the welfare of the child to remain in the placement and request a finding by the court whether remaining in the home is contrary to the welfare of the child. If the court enters an order the court shall make a finding as to whether an emergency exists. The court shall provide the secretary with a copy of the order. In making the finding, the court may rely on documentation submitted by the secretary or may set the date for a hearing on the matter. If the secretary requests such a finding, the court shall provide the secretary with a written copy of the finding by the court not more than 45 days from the date of the request.
(b) The court shall not enter an order approving the removal of a child from the home of a parent pursuant to this section unless the court first finds probable cause that: (1) (A) The child is likely to sustain harm if not immediately removed from the home;
(B) allowing the child to remain in home is contrary to the welfare of the child; or
(C) immediate placement of the child is in the best interest of the child; and
(2) reasonable efforts have been made to maintain the family unit and prevent the unnecessary removal of the child from the child's home or that an emergency exists which threatens the safety to the child.
History:
L. 2006, ch. 200, § 54; L. 2008, ch. 169, § 14; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2261 Reports made by foster parents and kinship caregivers.

38-2261. Reports made by foster parents and kinship caregivers.
The secretary shall notify the foster parent or kinship caregivers that the foster parent or kinship caregivers have a right to submit a report. Copies of the report shall be available to the parties and interested parties. The report made by foster parents shall be on a form created and provided by the Kansas department for children and families.
History:
L. 2006, ch. 200, § 56; L. 2014, ch. 115, § 64; L. 2023, ch. 70, § 8; May 4.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2262 Placement; testimony of certain children.

38-2262. Placement; testimony of certain children.
At any hearing under the code, the court, if requested by the child, shall allow the child to address the court, if the child is 10 years of age or older.
History:
L. 2006, ch. 200, § 57; L. 2011, ch. 24, § 5; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2263 Permanency planning.

38-2263. Permanency planning.
(a) The goal of permanency planning is to assure, in so far as is possible, that children have permanency and stability in their living situations and that the continuity of family relationships and connections is preserved. In planning for permanency, the safety and well being of children shall be paramount.
(b) Whenever a child is subject to the jurisdiction of the court pursuant to the code, an initial permanency plan shall be developed for the child and submitted to the court within 30 days of the initial order of the court. If the child is in the custody of the secretary, or the secretary is providing services to the child, the secretary shall prepare the plan. Otherwise, the plan shall be prepared by the person who has custody or, if directed by the court, by a court services officer.
(c) A permanency plan is a written document prepared in consultation with the child, if the child is 14 years of age or older and the child is able, and, where possible, in consultation with the child's parents, and which:
(1) Describes the permanency goal which, if achieved, will most likely give the child a permanent and safe living arrangement;
(2) describes the child's level of physical health, mental and emotional health, and educational functioning;
(3) provides an assessment of the needs of the child and family;
(4) describes the services to be provided the child, the child's parents and the child's foster parents, if appropriate;
(5) includes a description of the tasks and responsibilities designed to achieve the plan and to whom assigned; and
(6) includes measurable objectives and time schedules for achieving the plan.
(d) In addition to the requirements of subsection (c), if the child is in an out of home placement, the permanency plan shall include:
(1) A plan for reintegration of the child's parent or parents or if reintegration is determined not to be a viable alternative, a statement for the basis of that conclusion and a plan for another permanent living arrangement;
(2) a description of the available placement alternatives;
(3) a justification for the placement selected, including a description of the safety and appropriateness of the placement; and
(4) a description of the programs and services which will help the child prepare to live independently as an adult.
(e) If there is a lack of agreement among persons necessary for the success of the permanency plan, the person or entity having custody of the child shall notify the court which shall set a hearing on the plan.
(f) A permanency plan may be amended at any time upon agreement of the plan participants. If a permanency plan requires amendment which changes the permanency goal, the person or entity having custody of the child shall notify the court which shall set a permanency hearing pursuant to K.S.A. 38-2264 and 38-2265, and amendments thereto.
History:
L. 2006, ch. 200, § 58; L. 2016, ch. 102, § 13; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2265 Same; notice.

38-2265. Same; notice.
(a) (1) The court shall require notice of the time and place of the permanency hearing be given to the parties and interested parties. The notice shall state that the person receiving the notice shall have the right to be heard at the hearing.
(2) If the child is 14 years of age or older, the court shall require notice of the time and place of the permanency hearing be given to the child. Such notice shall request the child's participation in the hearing by attendance or by report to the court.
(b) The court shall require notice and the right to be heard to the following:
(1) The child's foster parent or parents or permanent custodian providing care for the child;
(2) preadoptive parents for the child, if any;
(3) the child's grandparents at their last known addresses or, if no grandparent is living or if no living grandparent's address is known, to the closest relative of each of the child's parents whose address is known;
(4) the person having custody of the child; and
(5) upon request, by any person having close emotional ties with the child and who is deemed by the court to be essential to the deliberations before the court.
(c) The notices required by subsection (b) shall be given by first class mail, not less than 10 business days before the hearing.
(d) Individuals receiving notice pursuant to subsection (b) shall not be made a party or interested party to the action solely on the basis of this notice and the right to be heard. The right to be heard shall be at a time and in a manner determined by the court and does not confer an entitlement to appear in person at government expense.
(e) The provisions of this section shall not require additional notice to any person otherwise receiving notice of the hearing pursuant to K.S.A. 38-2239, and amendments thereto.
History:
L. 2006, ch. 200, § 60; L. 2008, ch. 169, § 17; L. 2016, ch. 102, § 15; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2266 Request for termination of parental rights or appointment of permanent custodian.

38-2266.
Request for termination of parental rights or appointment of permanent custodian.
(a) Either in the original petition filed under this code or in a motion made in an existing proceeding under this code, any party or interested party may request that either or both parents be found unfit and the parental rights of either or both parents be terminated or a permanent custodian be appointed.
(b) Whenever a pleading is filed requesting termination of parental rights or appointment of a permanent custodian, the pleading shall contain a statement of specific facts which are relied upon to support the request, including dates, times and locations to the extent known.
(c) In any case in which a parent of a child cannot be located by the exercise of due diligence, service by publication notice shall be ordered upon the parent.
History:
L. 2006, ch. 200, § 61; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2267 Procedure upon receipt of request.

38-2267.
Procedure upon receipt of request.
(a) Upon receiving a petition or motion requesting termination of parental rights or appointment of permanent custodian, the court shall set the time and place for the hearing, which shall be held within 90 days. A continuance shall be granted only if the court finds it is in the best interests of the child. Upon motion of a party, the chief judge shall reassign a petition or motion requesting termination of parental rights from a district magistrate judge to a district judge pursuant to subsection (e) of K.S.A. 20-302b, and amendments thereto.
(b) (1) The court shall give notice of the hearing: (A) To the parties and interested parties, as provided in K.S.A. 38-2236 and 38-2237, and amendments thereto; (B) to all the child's grandparents at their last known addresses or, if no grandparent is living or if no living grandparent's address is known, to the closest relative of each of the child's parents whose address is known; (C) in any case in which a parent of a child cannot be located by the exercise of due diligence, to the parents nearest relative who can be located, if any; and (D) to the foster parents, preadoptive parents or relatives providing care.
(2) This notice shall be given by return receipt delivery not less than 10 business days before the hearing. Individuals receiving notice pursuant to this subsection shall not be made a party or interested party to the action solely on the basis of this notice.
(3) The provisions of this subsection shall not require additional service to any party or interested party who could not be located by the exercise of due diligence in the initial notice of the filing of a petition for a child in need of care.
(c) At the beginning of the hearing the court shall determine that due diligence has been used in determining the identity and location of the persons listed in subsection (b) and in accomplishing service of process.
(d) Prior to a hearing on a petition, a motion requesting termination of parental rights or a motion for appointment of a permanent custodian, the court shall appoint an attorney to represent any parent who fails to appear and may award a reasonable fee to the attorney for services. The fee may be assessed as an expense in the proceedings.
History:
L. 2006, ch. 200, § 62; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2270 Custody for adoption.

38-2270.
Custody for adoption.
(a) When parental rights have been terminated and it appears that adoption is a viable alternative, the court shall enter one of the following orders:
(1) An order granting custody of the child, for adoption proceedings, to the secretary or a corporation organized under the laws of the state of Kansas authorized to care for and surrender children for adoption as provided in K.S.A. 38-112 et seq., and amendments thereto. The person, secretary or corporation shall have authority to place the child in a family home, and give consent for the legal adoption of the child which shall be the only consent required to authorize the entry of an order or decree of adoption.
(2) An order granting custody of the child to proposed adoptive parents and consenting to the adoption of the child by the proposed adoptive parents.
(b) In making an order under subsection (a), the court shall give preference, to the extent that the court finds it is in the best interests of the child, first to granting such custody for adoption to a relative of the child and second to granting such custody to a person with whom the child has close emotional ties.
(c) Discharge upon adoption. When an adoption decree has been filed with the court in the child in need of care case, the secretary's custody shall cease, the court's jurisdiction over the child shall cease and the court shall enter an order to that effect.
History:
L. 2006, ch. 200, § 65; January 1, 2007.