reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-606 Work permits, requirements before issuance.

38-606.
Work permits, requirements before issuance.
The superintendent of schools or his or her duly authorized representative, or the judge of the district court, shall issue a work permit only after he or she has received, examined, approved, and filed the following papers duly executed, namely:
First. A written statement signed by the person for whom the child expects to work, or by some one duly authorized by such person, stating the occupation at which he or she intends to employ such child.
Second. The school record of such child properly filled out and signed by the principal of the school last attended, setting forth that such child has completed the course of study prescribed for elementary schools by the state board of education. In case such school record is not available then the official issuing the permit shall cause such child to be examined to determine whether or not such child has the educational qualifications equivalent to a completion of the elementary course of study prescribed by the state board of education, and shall file in the office a statement setting forth the result of such examination: Provided, That a permit may be issued to allow a child who has not completed the course of study provided for herein to work when school is not in session in the district in which such child resides, subject to all the other limitations of this act.
Third. Evidence of age of the child, showing that the child is fourteen years of age; and that the state labor commissioner shall be, and hereby is authorized, empowered, and directed to make and prescribe, and from time to time to change and amend such rules and regulations, not in conflict with this act, as he or she may deem necessary and proper to secure satisfactory evidence of the age of the child applying for a work permit: Provided, however, That the evidence of age, and the manner of preparing and producing such evidence, required under such rules and regulations, shall comply substantially with the requirements as to proof of age prescribed by any rules and regulations made pursuant to the act of congress entitled, "An act to prevent interstate commerce in the products of child labor, and for other purposes, approved September 1, 1916," and any amendments thereto hereafter made.
History:
L. 1917, ch. 227, § 6; R.S. 1923, 38-606; L. 1976, ch. 145, § 183; January 10, 1977.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-607 Contents of permit.

38-607.
Contents of permit.
That every work permit shall state the name, sex, the date and place of birth, and the place of residence, and describe the color of the hair and eyes, and the height and weight of such child, and shall contain a statement of the proof of age accepted and shall verify that the papers required by the preceding sections have been duly examined, approved, and filed, and that the child named in such permit has appeared before the official issuing the permit and has been examined. Every such permit shall be signed in the presence of the official issuing the same, by the child in whose name it is issued. It shall show the date of its issue.
History:
L. 1917, ch. 227, § 7; May 26; R.S. 1923, 38-607.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-608 Blanks for permits; duplicates; permit as evidence of age.

38-608.
Blanks for permits; duplicates; permit as evidence of age.
That the permits provided for under this act shall be issued upon blanks furnished by the state labor commissioner and shall be made out in duplicate; one of such duplicates shall be forthwith returned to the state labor commissioner, by the party issuing the same, with a statement of the character and substance of the evidence offered prior to the issuance of such permit. Such permit shall be sufficient protection to the employer of any child as to the age of such child, except when such employer has actual knowledge of the falsity of such permit.
History:
L. 1917, ch. 227, § 8; May 26; R.S. 1923, 38-608.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-609 Return of permit on termination of employment.

38-609.
Return of permit on termination of employment.
That on the termination of the employment of a child whose work permit is on file, such permit shall be returned by the employer within two days to the official who issued the same; upon receipt of which the official shall transmit the same or a copy of the same to the state labor commissioner.
History:
L. 1917, ch. 227, § 9; May 26; R.S. 1923, 38-609.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-610 Revocation of permit.

38-610.
Revocation of permit.
That whenever it shall appear to the state labor commissioner that any permit has been improperly or illegally issued or that the physical or moral welfare of such child could be best served by the revocation of such permit, he may forthwith revoke the same, and shall then notify the person employing such child and the child holding such permit of such revocation.
History:
L. 1917, ch. 227, § 10; May 26; R.S. 1923, 38-610.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-611 Duties of inspector and county attorney.

38-611.
Duties of inspector and county attorney.
That it shall be the duty of the state labor commissioner, and his deputies, to inspect the permits and lists hereinabove provided for, to examine children employed in factories, workshops, theaters, elevators, packing houses and mines, and the vocations mentioned in K.S.A. 38-601 and 38-602, as to their age and education, and to file complaints in any court of competent jurisdiction to enforce the provisions of this act, and it shall be the duty of the county attorney of the proper county to appear and prosecute all complaints so filed.
History:
L. 1917, ch. 227, § 11; May 26; R.S. 1923, 38-611.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-612 Penalty for unlawful employment.

38-612.
Penalty for unlawful employment.
That any person, firm or corporation employing any person or child in violation of any provision of this act, or permitting or conniving at such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days nor more than ninety days.
History:
L. 1917, ch. 227, § 12; May 26; R.S. 1923, 38-612.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-613 Federal aid, labor commissioner authorized to receive.

38-613.
Federal aid, labor commissioner authorized to receive.
The state labor commissioner is hereby authorized to receive any federal aid or assistance that is authorized by law to be expended for purposes relating to article 6 of chapter 38 of the Kansas Statutes Annotated.
History:
L. 1973, ch. 183, § 4; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-614 Activities not considered employment; performance prohibited, when.

38-614.
Activities not considered employment; performance prohibited, when.
For the purposes of article 6 of chapter 38 of the Kansas Statutes Annotated, and amendments thereto, the following shall not be considered employment:
(1) Children employed by their parents in nonhazardous occupations;
(2) domestic service;
(3) casual labor in or around a private home;
(4) delivery or messenger work;
(5) delivering or distributing newspapers or shopping news;
(6) agricultural, horticultural, livestock or dairying pursuits and employments incident thereto; and
(7) except as provided by K.S.A. 38-615 through 38-622, and amendments thereto, children employed as actors, actresses or performers in motion pictures, theatrical, radio or television productions.
Such exempt services shall not be performed by a child attending school during hours in which the public school is in session in the district in which such child resides.
History:
L. 1973, ch. 183, § 5; L. 1982, ch. 183, § 1; L. 2000, ch. 174, § 10; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-615 Employment of minor child entertainers; definitions.

38-615.
Employment of minor child entertainers; definitions.
As used in this act:
(a) "Artistic or creative services" includes, but is not limited to, services as an actor, actress, dancer, musician, comedian, singer, stunt-person, voice-over artist or other performer or entertainer, or as a song writer, musical producer or arranger, writer, director, producer, production executive, choreographer, composer, conductor or designer.
(b) "Casting agency" means an agency that provides one or more performers for a fee.
(c) "Gross earnings" means an amount of $5,000 or more paid directly to the minor pursuant to the contract, including the payment of any advances to the minor pursuant to the contract, but excluding deductions to offset those advances or other expenses incurred by the employer pursuant to the contract.
(d) "Minor child" means any unemancipated child in the period of minority as defined in K.S.A. 38-101, and amendments thereto.
History:
L. 2000, ch. 174, § 1; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-616 Same; infants, requirements; violations, penalty.

38-616.
Same; infants, requirements; violations, penalty.
(a) No infant under the age of one month may be employed on any motion picture set or location unless a licensed physician and surgeon who is board-certified in pediatrics provides written certification that the infant is at least 15 days old and, in the physician's medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of filmmaking and the infant's lungs, eyes, heart and immune system are sufficiently developed to withstand the potential risks.
(b) Any parent, guardian or employer of a minor child and any officer or agent of an employer of a minor child, who directly or indirectly violates subsection (a) or who causes or permits a violation of subsection (a), with respect to that minor child, is guilty of a class B misdemeanor.
History:
L. 2000, ch. 174, § 2; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-617 Same; earnings sole property of minor child.

38-617.
Same; earnings sole property of minor child.
The earnings and accumulations of a minor child related to a contract of a type described in K.S.A. 38-618, and amendments thereto, shall remain the sole legal property of the minor child.
History:
L. 2000, ch. 174, § 3; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-618 Same; contracts affected.

38-618.
Same; contracts affected.
This section applies to the following contracts entered into on or after January 1, 2001, between a minor child and any third-party or parties:
(a) A contract pursuant to which a person is employed or agrees to render artistic or creative services, either directly or through a third party, including, but not limited to, a personal services corporation.
(b) A contract pursuant to which a person agrees to: (1) Purchase or otherwise secure, sell, lease, license or otherwise dispose of literary, musical or dramatic properties, or use of a person's likeness, voice recording, performance or story of or incidents in such person's life, either tangible or intangible or any rights therein to use in motion pictures, television, the production of sound recordings in any format now known or hereafter devised, the legitimate or living stage, or otherwise in the entertainment field.
(c) A contract pursuant to which a person is employed or agrees to render services as a participant or player in a sport.
(d) Where a minor child renders services as an extra, background performer or in a similar capacity, through a casting agency, the casting agency or service shall be considered the minor child's employer for the purposes of this act.
History:
L. 2000, ch. 174, § 4; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-619 Same; disaffirmance precluded upon judicial approval of contract; approval procedure.

38-619.
Same; disaffirmance precluded upon judicial approval of contract; approval procedure.
(a) A contract, otherwise valid, of a type described in K.S.A. 38-618, and amendments thereto, entered into during one's minority, cannot be disaffirmed on that ground, either during the minority of the person entering into the contract or at any time thereafter, if the contract has been approved by the district court in any county in which the minor resides or is employed or in which any party to the contract has its principal office in this state for the transaction of business.
(b) Approval of the district court may be given upon petition of any party to the contract, after such reasonable notice to all other parties to the contract as is fixed by the district court, with opportunity for such other parties to appear and be heard.
(c) Approval of the district court given under this section extends to the whole of the contract and all of its terms and provisions, including, but not limited to, any optional or conditional provisions contained in the contract for extension, prolongation or termination of the term of the contract.
(d) For the purposes of any proceeding under this act, a parent or legal guardian entitled to the physical custody, care and control of the minor child at the time of the proceeding shall be considered the minor child's guardian ad litem for the proceeding, unless the district court shall determine that appointment of a different individual as guardian ad litem is required in the best interests of the minor child.
History:
L. 2000, ch. 174, § 5; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 6 - Child Labor › 38-622 Same; rules and regulations.

38-622.
Same; rules and regulations.
The state department of labor may adopt rules and regulations setting out standards for minor children on motion picture sets as may be necessary to protect the safety and well being of minor children and to carry out the purposes of this act.
History:
L. 2000, ch. 174, § 8; L. 2004, ch. 179, § 1; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 10 - Interstate Compact For Juveniles › 38-1009 Same; effective date.

38-1009.
Same; effective date.
This act shall take effect and be in force from and after the later of July 1, 2004, or upon enactment into law by the 35th state and its publication in the statute book.
History:
L. 2004, ch. 15, § 3; August 26, 2008.
2023 Kansas Statutes › Chapter 38 - Minors › Article 10 - Interstate Compact For Juveniles › 38-1010 Same; administrator.

38-1010.
Same; administrator.
The governor shall designate an officer who shall be the interstate compact for juveniles compact administrator. 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. 2009, ch. 3, § 1; March 26.
2023 Kansas Statutes › Chapter 38 - Minors › Article 10 - Interstate Compact For Juveniles › 38-1011 Kansas council for interstate juvenile supervision; membership; duties.

38-1011.
Kansas council for interstate juvenile supervision; membership; duties.
(a) There is hereby established the Kansas council for interstate juvenile supervision. The council shall consist of the following members:
(1) The interstate compact for juveniles compact administrator or the compact administrator's designee;
(2) the chief justice of the supreme court or the chief justice's designee;
(3) the attorney general or the attorney general's designee;
(4) a person representing crime victims groups appointed by the attorney general;
(5) the commissioner of the juvenile justice authority or the commissioner's designee;
(6) one member of the house of representatives appointed by the speaker of the house of representatives; and
(7) one member of the senate appointed by the president of the senate.
(b) The appointments shall be made within 30 days after the effective date of this act. The initial meeting of the council shall be convened within 60 days after the effective date of this act by the commissioner of juvenile justice at a time and place designated by the commissioner of juvenile justice. The council shall elect a chairperson and may elect any additional officers from among its members necessary to discharge its duties.
(c) Meetings of the council subsequent to its initial meeting shall be held and conducted in accordance with policies and procedures established by the council.
(d) The council shall meet upon call of its chairperson as necessary to carry out its duties under this act.
(e) Each member of the council appointed by the chief justice or the attorney general shall be appointed for a term of four years. All other members shall be appointed for a term of two years and shall continue to serve during that time as long as the member occupies the position which made the member eligible for the appointment. Each member shall continue in office until a successor is appointed and qualifies. Members shall be eligible for reappointment, and appointment may be made to fill an unexpired term.
(f) The council shall oversee and administer the state's participation in the interstate compact for juveniles, K.S.A. 38-1008, and amendments thereto, and shall develop policies concerning the operations and procedures of the compact within the state.
(g) Each member of the council shall receive compensation, subsistence allowances, mileage and other expenses as provided for in K.S.A. 75-3223, and amendments thereto, for each day or part thereof actually spent on council activities.
History:
L. 2009, ch. 3, § 2; March 26.
2023 Kansas Statutes › Chapter 38 - Minors › Article 12 - Interstate Compact On Placement Of Children › 38-1201 Legislative findings and policy.

38-1201.
Legislative findings and policy.
It is hereby found and declared: (1) That finding suitable homes for children who have lost or never had them requires the full attention and resources of the state of Kansas; (2) that the needs of children and of adults cannot be met by restricting child placement services and supervision to the state of Kansas; (3) that would-be parents and children have need for love and security and fulfillment that can be met only when children in need of placement are matched with adults who can care for them; (4) a variety of circumstances makes interstate placements of children essential and offers compelling reasons for an interstate compact under which the jurisdictional, administrative and human rights and obligations involved can be protected.
It shall therefore be the policy of this state, in adopting the interstate compact on the placement of children, to cooperate fully with other states in providing that no children shall be sent or brought into any other party state for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this interstate compact.
History:
L. 1976, ch. 206, § 1; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 12 - Interstate Compact On Placement Of Children › 38-1203 Compact administrator; appointment; duties.

38-1203.
Compact administrator; appointment; duties.
Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. Said compact administrator shall serve subject to the pleasure of the governor. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government 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. 1976, ch. 206, § 3; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 12 - Interstate Compact On Placement Of Children › 38-1204 Supplementary agreements.

38-1204.
Supplementary agreements.
The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, said supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
History:
L. 1976, ch. 206, § 4; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 12 - Interstate Compact On Placement Of Children › 38-1205 Financial arrangements.

38-1205.
Financial arrangements.
The compact administrator, subject to the approval of the state 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 thereunder.
History:
L. 1976, ch. 206, § 5; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 12 - Interstate Compact On Placement Of Children › 38-1206 Enforcement of compact; duties of state departments, agencies and officers; failure to comply with provisions of compact by any professional, penalty.

38-1206.
Enforcement of compact; duties of state departments, agencies and officers; failure to comply with provisions of compact by any professional, penalty.
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. Failure to comply with the provisions of the interstate compact on the placement of children by any professional providing services related to the placement of children is a class C misdemeanor. For the purposes of this section, "professional" means any person who receives payment or compensation for providing services related to the placement of children for adoption.
History:
L. 1976, ch. 206, § 6; L. 1990, ch. 145, § 34; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 15 - Kansas Code For Care Of Children › 38-1518 Fingerprints and photographs.

38-1518. Fingerprints and photographs.
(a) Fingerprints or photographs shall not be taken of any person under 18 years of age who is taken into custody for any purpose, except:
(1) As authorized by K.S.A. 38-2313, and amendments thereto; or
(2) if authorized by a judge of the district court having jurisdiction.
(b) Fingerprints and photographs taken under subsection (a)(2) shall be kept readily distinguishable from those of persons of the age of majority.
(c) Fingerprints and photographs taken under subsection (a)(2) may be sent to a state or federal repository only if authorized by a judge of the district court having jurisdiction.
(d) Nothing in this section shall preclude the custodian of the child from authorizing photographs or fingerprints of the child to be used in any action under the Kansas parentage act, K.S.A. 23-2201 et seq., and amendments thereto.
(e) This section shall be part of and supplemental to the Kansas code for care of children.
History:
L. 1984, ch. 157, § 1; L. 1992, ch. 312, § 4; L. 2006, ch. 169, § 107; L. 2012, ch. 162, § 58; May 31.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1702 Definitions.

38-1702.
Definitions.
In this act:
(1) "Adult" means an individual who has attained the age of 21 years.
(2) "Benefit plan" means an employer's plan for the benefit of an employee or partner.
(3) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
(4) "Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
(5) "Court" means district court.
(6) "Custodial property" means (i) any interest in property transferred to a custodian under this act and (ii) the income from and proceeds of that interest in property.
(7) "Custodian" means a person so designated under K.S.A. 38-1710 or a successor or substitute custodian designated under K.S.A. 38-1719.
(8) "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.
(9) "Legal representative" means an individual's personal representative or conservator.
(10) "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(11) "Minor" means an individual who has not attained the age of 21 years.
(12) "Person" means an individual, corporation, organization, or other legal entity.
(13) "Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
(14) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(15) "Transfer" means a transaction that creates custodial property under K.S.A. 38-1710.
(16) "Transferor" means a person who makes a transfer under this act.
(17) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
History:
L. 1985, ch. 143, § 1; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1703 Scope and jurisdiction.

38-1703.
Scope and jurisdiction.
(a) This act applies to a transfer that refers to this act in the designation under subsection (a) of K.S.A. 38-1710 by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this act despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state.
(b) A person designated as custodian under this act is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
(c) A transfer that purports to be made and which is valid under the uniform transfers to minors act, the uniform gifts to minors act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
History:
L. 1985, ch. 143, § 2; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1704 Nomination of custodian.

38-1704.
Nomination of custodian.
(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for _____________(name of minor) under the Kansas uniform transfers to minors act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under subsection (a) of K.S.A. 38-1710.
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under K.S.A. 38-1710. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to K.S.A. 38-1710.
History:
L. 1985, ch. 143, § 3; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1705 Transfer by gift or exercise of power of appointment.

38-1705.
Transfer by gift or exercise of power of appointment.
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to K.S.A. 38-1710.
History:
L. 1985, ch. 143, § 4; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1706 Transfer authorized by will or trust.

38-1706.
Transfer authorized by will or trust.
(a) A personal representative or trustee may make an irrevocable transfer pursuant to K.S.A. 38-1710 to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b) If the testator or settlor has nominated a custodian under K.S.A. 38-1704 to receive the custodial property, the transfer must be made to that person.
(c) If the testator or settlor has not nominated a custodian under K.S.A. 38-1704, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection (a) of K.S.A. 38-1710.
History:
L. 1985, ch. 143, § 5; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1707 Other transfer by fiduciary.

38-1707. Other transfer by fiduciary.
(a) Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to K.S.A. 38-1710, and amendments thereto, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Subject to subsection (c), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to K.S.A. 38-1710, and amendments thereto.
(c) A transfer under subsection (a) or (b) may be made only if:
(1) The personal representative, trustee or conservator considers the transfer to be in the best interest of the minor;
(2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument; and
(3) the transfer is authorized by the court if such transfer exceeds $25,000 in value.
History:
L. 1985, ch. 143, § 6; L. 2023, ch. 65, § 2; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1708 Transfer by obligor.

38-1708. Transfer by obligor.
(a) Subject to subsections (b) and (c), a person not subject to K.S.A. 38-1706 or 38-1707, and amendments thereto, who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to K.S.A. 38-1710, and amendments thereto.
(b) If a person having the right to nominate a custodian under K.S.A. 38-1704, and amendments thereto, has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(c) If no custodian has been nominated under K.S.A. 38-1704, and amendments thereto, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $25,000 in value.
History:
L. 1985, ch. 143, § 7; L. 2023, ch. 65, § 3; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1709 Receipt for custodial property.

38-1709.
Receipt for custodial property.
A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this act.
History:
L. 1985, ch. 143, § 8; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1711 Single custodianship.

38-1711.
Single custodianship.
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this act by the same custodian for the benefit of the same minor constitutes a single custodianship.
History:
L. 1985, ch. 143, § 10; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1712 Validity and effect of transfer.

38-1712.
Validity and effect of transfer.
(a) The validity of a transfer made in a manner prescribed in this act is not affected by:
(1) Failure of the transferor to comply with subsection (c) of K.S.A. 38-1710 concerning possession and control;
(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection (a) of K.S.A. 38-1710; or
(3) death or incapacity of a person nominated under K.S.A. 38-1704 or designated under K.S.A. 38-1710 as custodian or the disclaimer of the office by that person.
(b) A transfer made pursuant to K.S.A. 38-1710 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this act, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this act.
(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this act and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this act.
History:
L. 1985, ch. 143, § 11; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1713 Care of custodial property.

38-1713.
Care of custodial property.
(a) A custodian shall:
(1) Take control of custodial property;
(2) register or record title to custodial property if appropriate; and
(3) collect, hold, manage, invest, and reinvest custodial property.
(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
(c) A custodian may invest in or pay premiums on life insurance or endowment policies on (i) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or (ii) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for _________ (name of minor) under the Kansas uniform transfers to minors act."
(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
History:
L. 1985, ch. 143, § 12; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1714 Powers of custodian.

38-1714.
Powers of custodian.
(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(b) This section does not relieve a custodian from liability for breach of K.S.A. 38-1713.
History:
L. 1985, ch. 143, § 13; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1715 Use of custodial property.

38-1715.
Use of custodial property.
(a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of the custodian personally or of any other person to support the minor, or (ii) any other income or property of the minor which may be applicable or available for that purpose.
(b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
History:
L. 1985, ch. 143, § 14; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1716 Custodian's expenses, compensation and bond.

38-1716.
Custodian's expenses, compensation and bond.
(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(b) Except for one who is a transferor under K.S.A. 38-1705, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in subsection (f) of K.S.A. 38-1719, a custodian need not give a bond.
History:
L. 1985, ch. 143, § 15; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1717 Exemption of third person from liability.

38-1717.
Exemption of third person from liability.
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1) The validity of the purported custodian's designation;
(2) the propriety of, or the authority under this act for, any act of the purported custodian;
(3) the validity or propriety under this act of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) the propriety of the application of any property of the minor delivered to the purported custodian.
History:
L. 1985, ch. 143, § 16; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1718 Liability to third persons.

38-1718.
Liability to third persons.
(a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(b) A custodian is not personally liable:
(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
History:
L. 1985, ch. 143, § 17; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1720 Accounting by and determination of liability of custodian.

38-1720.
Accounting by and determination of liability of custodian.
(a) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court: (i) For an accounting by the custodian or the custodian's legal representative; or (ii) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under K.S.A. 38-1718 to which the minor or the minor's legal representative was a party.
(b) A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) The court, in a proceeding under this act or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
(d) If a custodian is removed under subsection (f) of K.S.A. 38-1719, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
History:
L. 1985, ch. 143, § 19; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1721 Termination of custodianship.

38-1721.
Termination of custodianship.
The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:
(1) The minor's attainment of 21 years of age with respect to custodial property transferred under K.S.A. 38-1705 or 38-1706;
(2) the minor's attainment of the age of 18 years with respect to custodial property transferred under K.S.A. 38-1707 or 38-1708; or
(3) the minor's death.
History:
L. 1985, ch. 143, § 20; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1722 Applicability.

38-1722.
Applicability.
This act applies to a transfer within the scope of K.S.A. 38-1703 made after its effective date if:
(1) The transfer purports to have been made under the Kansas uniform gifts to minors act; or
(2) the instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the uniform gifts to minors act" or "as custodian under the uniform transfers to minors act" of any other state, and the application of this act is necessary to validate the transfer.
History:
L. 1985, ch. 143, § 21; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1723 Effect on existing custodianships.

38-1723.
Effect on existing custodianships.
(a) Any transfer of custodial property as now defined in this act made before the effective date of this act is validated notwithstanding that there was no specific authority in the Kansas uniform gifts to minors act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(b) This act applies to all transfers made before the effective date of this act in a manner and form prescribed in the Kansas uniform gifts to minors act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on the effective date of this act.
History:
L. 1985, ch. 143, § 22; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1724 Uniformity of application and construction.

38-1724.
Uniformity of application and construction.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
History:
L. 1985, ch. 143, § 23; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1725 Severability.

38-1725.
Severability.
If any provisions of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end provisions of this act are severable.
History:
L. 1985, ch. 143, § 25; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 17 - Uniform Transfers To Minors Act › 38-1726 Effect of repeals.

38-1726.
Effect of repeals.
To the extent that this act, by virtue of subsection (b) of K.S.A. 38-1723, does not apply to transfers made in a manner prescribed in the Kansas gifts to minors act or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the Kansas gifts to minors act of the enacting state does not affect those transfers or those powers, duties, and immunities.
History:
L. 1985, ch. 143, § 26; July 1.