[As Amended by House Committee of the Whole]
         
Session of 1999
         
HOUSE Substitute for SENATE BILL No. 150
         
By Committee on Judiciary
         
3-23
         
10             AN  ACT concerning children; relating to joint shared child custody and
11             parenting time; concerning grandparents; [parental rights;] amend-
12             ing K.S.A. 20-164, 21-3422, 21-3422a, 23-601, 23-602, 23-701, 38-
13             1302, 38-1309, 38-1310, 38-1533, 38-1597, 60-1612, 60-1614, 60-1617
14             and 75-720 and K.S.A. 1998 Supp. 5-509, 20-302b, 23-9,305, 23-1001,
15             23-1002, 38-1121, 38-1132, 38-1138, 38-1502, 38-1563, 38-1569, 38-
16             1583, [38-1591,] 38-1641, 38-1664, 38-16,119, 60-1607, 60-1610, 60-
17             1616, 60-1620, 60-1621, 60-3106, 60-3107 and 74-7334 and repealing
18             the existing sections; also repealing K.S.A. 1998 Supp. 38-1502c.
19      
20      
21       Be it enacted by the Legislature of the State of Kansas:
22             Section  1. K.S.A. 1998 Supp. 5-509 is hereby amended to read as
23       follows: 5-509. (a) The following types of cases may be accepted for dis-
24       pute resolution by an approved program or individual:
25             (1) Civil claims and disputes, including, but not limited to, consumer
26       and commercial complaints, disputes involving allegations of shoplifting,
27       disputes between neighbors, disputes between business associates, dis-
28       putes between landlords and tenants, disputes involving matters under
29       the small claims procedure act, farmer-lender disputes, and disputes
30       within communities;
31             (2) disputes concerning child custody and visitation rights parenting
32       time and other areas of domestic relations;
33             (3) juvenile offenses and disputes involving juveniles;
34             (4) disputes between victims and offenders, in which the victims vol-
35       untarily agree to participate in mediation;
36             (5) disputes involving allegations of unlawful discrimination under
37       state or federal laws;
38             (6) disputes referred by county attorneys or district attorneys;
39             (7) disputes involving employer and employee relations under K.S.A.
40       72-5413 through 72-5432, and amendments thereto, or K.S.A. 75-4321
41       through 75-4337, and amendments thereto; and
42             (8) disputes referred by a court, an attorney, a law enforcement of-
43       ficer, a social service agency, a school or any other interested person or
44       agency, including the request of the parties involved.

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  1             (b) A case may be referred prior to the commencement of formal
  2       judicial proceedings or may be referred as a pending court case. If a court
  3       refers a case, information shall be provided to the court as to whether an
  4       agreement was reached and, if available, a copy of the signed agreement
  5       shall be provided to the court.
  6             (c) Before the dispute resolution process begins, the neutral person
  7       conducting the process shall provide the parties with a written statement
  8       setting forth the procedures to be followed.
  9             Sec.  2. K.S.A. 20-164 is hereby amended to read as follows: 20-164.
10       (a) The supreme court shall establish by rule an expedited judicial process
11       which shall be used in the establishment, modification and enforcement
12       of orders of support pursuant to the Kansas parentage act; K.S.A. 23-451
13       et seq., 39-718a, 39-755, 60-1610, and amendments thereto, or K.S.A. 39-
14       718b, and amendments thereto; K.S.A. 38-1542, 38-1543 or 38-1563, and
15       amendments thereto; or K.S.A. 23-4,105 through 23-4,118 and amend-
16       ments thereto; or K.S.A. 23-4,125 through 23-4,137, and amendments
17       thereto.
18             (b) The supreme court shall establish by rule an expedited judicial
19       process for the enforcement of court orders granting a parent visitation
20       rights to parenting time with the parent's child.
21             Sec.  3. K.S.A. 1998 Supp. 20-302b is hereby amended to read as
22       follows: 20-302b. (a) A district magistrate judge shall have the jurisdiction,
23       power and duty, in any case in which a violation of the laws of the state
24       is charged, to conduct the trial of traffic infractions, cigarette or tobacco
25       infractions or misdemeanor charges and the preliminary examination of
26       felony charges. In civil cases, a district magistrate judge shall have con-
27       current jurisdiction, powers and duties with a district judge, except that,
28       unless otherwise specifically provided in subsection (b), a district magis-
29       trate judge shall not have jurisdiction or cognizance over the following
30       actions:
31             (1) Any action, other than an action seeking judgment for an unse-
32       cured debt not sounding in tort and arising out of a contract for the
33       provision of goods, services or money, in which the amount in contro-
34       versy, exclusive of interests and costs, exceeds $10,000, except that in
35       actions of replevin, the affidavit in replevin or the verified petition fixing
36       the value of the property shall govern the jurisdiction; nothing in this
37       paragraph shall be construed as limiting the power of a district magistrate
38       judge to hear any action pursuant to the Kansas probate code or to issue
39       support orders as provided by paragraph (6) of this subsection;
40             (2) actions against any officers of the state, or any subdivisions
41       thereof, for misconduct in office;
42             (3) actions for specific performance of contracts for real estate;
43             (4) actions in which title to real estate is sought to be recovered or

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  1       in which an interest in real estate, either legal or equitable, is sought to
  2       be established, except that nothing in this paragraph shall be construed
  3       as limiting the right to bring an action for forcible detainer as provided
  4       in the acts contained in article 23 of chapter 61 of the Kansas Statutes
  5       Annotated, and any acts amendatory thereof or supplemental thereto; and
  6       nothing in this paragraph shall be construed as limiting the power of a
  7       district magistrate judge to hear any action pursuant to the Kansas probate
  8       code;
  9             (5) actions to foreclose real estate mortgages or to establish and fore-
10       close liens on real estate as provided in the acts contained in article 11 of
11       chapter 60 of the Kansas Statutes Annotated, and any acts amendatory
12       thereof or supplemental thereto;
13             (6) actions for divorce, separate maintenance or custody of minor
14       children, except that nothing in this paragraph shall be construed as lim-
15       iting the power of a district magistrate judge to: (A) Hear any action
16       pursuant to the Kansas code for care of children or the Kansas juvenile
17       justice code; (B) establish, modify or enforce orders of support, including,
18       but not limited to, orders of support pursuant to the Kansas parentage
19       act, K.S.A. 23-451 et seq., 39-718a, 39-718b, 39-755 or 60-1610 or K.S.A.
20       23-4,105 through 23-4,118, 23-4,125 through 23-4,137, 38-1542, 38-1543
21       or 38-1563, and amendments thereto; or (C) enforce orders granting a
22       parent visitation rights to parenting time with the parent's child;
23             (7) habeas corpus;
24             (8) receiverships;
25             (9) change of name;
26             (10) declaratory judgments;
27             (11) mandamus and quo warranto;
28             (12) injunctions;
29             (13) class actions;
30             (14) rights of majority;
31             (15) actions pursuant to the protection from abuse act; and
32             (16) actions pursuant to K.S.A. 59-29a01 et seq. and amendments
33       thereto.
34             (b) Notwithstanding the provisions of subsection (a), in the absence,
35       disability or disqualification of a district judge, a district magistrate judge
36       may:
37             (1) Grant a restraining order, as provided in K.S.A. 60-902 and
38       amendments thereto;
39             (2) appoint a receiver, as provided in K.S.A. 60-1301 and amend-
40       ments thereto;
41             (3) make any order authorized by K.S.A. 60-1607 and amendments
42       thereto; and
43             (4) grant any order authorized by the protection from abuse act.

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  1             (c) In accordance with the limitations and procedures prescribed by
  2       law, and subject to any rules of the supreme court relating thereto, any
  3       appeal permitted to be taken from an order or final decision of a district
  4       magistrate judge shall be tried and determined de novo by a district judge,
  5       except that in civil cases where a record was made of the action or pro-
  6       ceeding before the district magistrate judge, the appeal shall be tried and
  7       determined on the record by a district judge.
  8             (d) Upon motion of a party, the administrative judge may reassign an
  9       action from a district magistrate judge to a district judge.
10             Sec.  4. K.S.A. 21-3422 is hereby amended to read as follows: 21-
11       3422. (a) Interference with parental custody is leading, taking, carrying
12       away, decoying or enticing away any child under the age of 16 years with
13       the intent to detain or conceal such child from its parent, guardian, or
14       other person having the lawful charge of such child.
15             (b) It is not a defense to a prosecution under this section that the
16       defendant is a parent entitled to joint shared custody of the child either
17       on the basis of a court order or by virtue of the absence of a court order.
18             (c)  (1) Interference with parental custody is a class A person mis-
19       demeanor if the perpetrator is a parent entitled to joint shared custody
20       of the child either on the basis of a court order or by virtue of the absence
21       of a court order.
22             (2) Interference with parental custody is a severity level 10, person
23       felony in all other cases.
24             Sec.  5. K.S.A. 21-3422a is hereby amended to read as follows: 21-
25       3422a. (a) Aggravated interference with parental custody is:
26             (1) Hiring someone to commit the crime of interference with paren-
27       tal custody, as defined by K.S.A. 21-3422 and amendments thereto; or
28             (2) the commission of interference with parental custody, as defined
29       by K.S.A. 21-3422 and amendments thereto, by a person who:
30             (A) Has previously been convicted of the crime;
31             (B) commits the crime for hire;
32             (C) takes the child outside the state without the consent of either the
33       person having custody or the court;
34             (D) after lawfully taking the child outside the state while exercising
35       visitation parenting time or custody rights, refuses to return the child at
36       the expiration of the rights;
37             (E) at the expiration of visitation parenting time or custody rights
38       outside the state, refuses to return or impedes the return of the child; or
39             (F) detains or conceals the child in an unknown place, whether inside
40       or outside the state.
41             (b) Aggravated interference with parental custody is a severity level
42       7, person felony.
43             (c) This section shall be a part of and supplemental to the Kansas

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  1       criminal code.
  2             Sec.  6. K.S.A. 23-601 is hereby amended to read as follows: 23-601.
  3       Mediation under this section is the process by which a neutral mediator
  4       appointed by the court, or by a hearing officer in a proceeding pursuant
  5       to K.S.A. 23-701, and amendments thereto, assists the parties in reaching
  6       a mutually acceptable agreement as to issues of child custody and visita-
  7       tion, parenting time and division of property. The role of the mediator is
  8       to aid the parties in identifying the issues, reducing misunderstandings,
  9       clarifying priorities, exploring areas of compromise and finding points of
10       agreement. An agreement reached by the parties is to be based on the
11       decisions of the parties and not the decisions of the mediator.
12             Sec.  7. K.S.A. 23-602 is hereby amended to read as follows: 23-602.
13       (a) The court may order mediation of any contested issue of child custody
14       or visitation, parenting time or division of property at any time, upon the
15       motion of a party or on the court's own motion. A hearing officer in a
16       proceeding pursuant to K.S.A. 23-701 may order mediation of a contested
17       issue of child visitation parenting time in such a proceeding.
18             (b) If the court or hearing officer orders mediation under subsection
19       (a), the court or hearing officer shall appoint a mediator, taking into con-
20       sideration the following:
21             (1) An agreement by the parties to have a specific mediator appointed
22       by the court or hearing officer;
23             (2) the nature and extent of any relationships the mediator may have
24       with the parties and any personal, financial or other interests the mediator
25       may have which could result in bias or a conflict of interest;
26             (3) the mediator's knowledge of (A) the Kansas judicial system and
27       the procedure used in domestic relations cases, (B) other resources in the
28       community to which parties can be referred for assistance, (C) child de-
29       velopment, (D) clinical issues relating to children, (E) the effects of di-
30       vorce on children and (F) the psychology of families; and
31             (4) the mediator's training and experience in the process and tech-
32       niques of mediation.
33             Sec.  8. K.S.A. 23-701 is hereby amended to read as follows: 23-701.
34       (a) The purpose of this section is to enhance the enforcement of child
35       visitation rights parenting time granted by court order by establishing an
36       expedited procedure which is simplified enough to provide justice without
37       necessitating the assistance of legal counsel.
38             (b) If a parent has been granted visitation rights parenting time pur-
39       suant to K.S.A. 38-1121 or 60-1616, and amendments thereto, and such
40       rights are denied or interfered with by the other parent any person, the
41       parent having visitation rights parenting time may file with the clerk of
42       the district court a motion for enforcement of such rights. Such motion
43       shall be filed on a form provided by the clerk of the court. Upon the filing

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  1       of the motion, the administrative judge of the district court shall assign a
  2       judge of the district court or the court trustee as a hearing officer to hear
  3       the motion. The hearing officer shall immediately:
  4             (1) Issue ex parte an order for mediation in accordance with K.S.A.
  5       23-601 et seq., and amendments thereto; or
  6             (2) set a time and place for a hearing on the motion, which shall be
  7       not more than 21 days after the filing of the motion.
  8             (c) If mediation ordered pursuant to subsection (b) is completed, the
  9       mediator shall submit a summary of the parties' understanding to the
10       hearing officer within five days after it is signed by the parties. Upon
11       receipt of the summary, the hearing officer shall enter an order in ac-
12       cordance with the parties' agreement or set a time and place for a hearing
13       on the matter, which shall be not more than 10 days after the summary
14       is received by the hearing officer.
15             (d) If mediation ordered pursuant to subsection (b) is terminated
16       pursuant to K.S.A. 23-604 and amendments thereto, the mediator shall
17       report the termination to the hearing officer within five days after the
18       termination. Upon receipt of the report, if the hearing officer is a district
19       judge, such judge shall set the matter for hearing. If the hearing officer
20       is a district magistrate judge or a court trustee, the administrative judge
21       shall assign the matter to a district judge who shall set the matter for
22       hearing. Any such hearing shall be not more than 10 days after the me-
23       diator's report of termination is received by the hearing officer.
24             (e) Notice of the hearing date set by the hearing officer shall be given
25       to all interested parties by certified mail, return receipt requested, or as
26       the court may order.
27             (f) If, upon a hearing pursuant to subsection (b), (c) or (d), the hear-
28       ing officer or the judge finds that visitation rights the parenting time of
29       one parent have been unreasonably has been denied or interfered with
30       by the other parent, the hearing officer or any person, the judge may shall
31       enter an order providing for one or more of the following:
32             (1) A specific visitation parenting time schedule;
33             (2) compensating visitation parenting time for the visitation parenting
34       time denied or interfered with, which time shall be of the same type (e.g.,
35       holiday, weekday, weekend, summer) as that denied or interfered with
36       and shall be at the convenience of the parent whose visitation parenting
37       time was denied or interfered with;
38             (3) the posting of a bond, either cash or with sufficient sureties, con-
39       ditioned upon compliance with the order granting visitation rights par-
40       enting time;
41             (4) assessment of reasonable attorney fees, mediation costs and costs
42       of the proceedings to enforce visitation rights parenting time against the
43       parent who unreasonably person who denied or interfered with the other

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  1       a parent's visitation rights parenting time;
  2             (5) attendance of one or both parents the person who denied or in-
  3       terfered with a parent's parenting time at counseling or educational ses-
  4       sions which focus on the impact of visitation parenting time disputes on
  5       children. Expenses shall be assessed to the person who denied or interfered
  6       with a parent's parenting time;
  7             (6) supervised visitation parenting; or
  8             (7) any other remedy which the hearing officer or judge considers
  9       appropriate, except that, if a hearing officer is a district magistrate judge
10       or court trustee, the hearing officer shall not enter any order which grants,
11       or modifies a previous order granting, child support, child custody or
12       maintenance.
13             (g) Decisions of district magistrate judges or court trustees appointed
14       pursuant to this section shall be subject to review by a district judge on
15       the motion of any party filed within 10 days after the order was entered.
16             (h) In no case shall final disposition of a motion filed pursuant to this
17       section take place more than 45 days after the filing of such motion.
18             Sec.  9. K.S.A. 1998 Supp. 23-9,305 is hereby amended to read as
19       follows: 23-9,305. (a) When a responding tribunal of this state receives a
20       petition or comparable pleading from an initiating tribunal or directly
21       pursuant to subsection (c) of K.S.A. 23-9,301 and amendments thereto
22       (proceedings under this act), it shall cause the petition or pleading to be
23       filed and notify the petitioner only by personal service or registered mail,
24       return receipt requested where and when it was filed.
25             (b) A responding tribunal of this state, to the extent otherwise au-
26       thorized by law, may do one or more of the following:
27             (1) Issue or enforce a support order, modify a child support order or
28       render a judgment to determine parentage;
29             (2) order an obligor to comply with a support order, specifying the
30       amount and the manner of compliance;
31             (3) order income withholding;
32             (4) determine the amount of any arrearages, and specify a method of
33       payment;
34             (5) enforce orders by civil or criminal contempt, or both;
35             (6) set aside property for satisfaction of the support order;
36             (7) place liens and order execution on the obligor's property;
37             (8) order an obligor to keep the tribunal informed of the obligor's
38       current residential address, telephone number, employer, address of em-
39       ployment and telephone number at the place of employment;
40             (9) issue a bench warrant for an obligor who has failed after proper
41       notice to appear at a hearing ordered by the tribunal and enter the bench
42       warrant in any local and state computer systems for criminal warrants;
43             (10) order the obligor to seek appropriate employment by specified

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  1       methods;
  2             (11) award reasonable attorney fees and other fees and costs; and
  3             (12) grant any other available remedy.
  4             (c) A responding tribunal of this state shall include in a support order
  5       issued under this act, or in the documents accompanying the order, the
  6       calculations on which the support order is based.
  7             (d) A responding tribunal of this state may not condition the payment
  8       of a support order issued under this act upon compliance by a party with
  9       provisions for visitation parenting time.
10             (e) If a responding tribunal of this state issues an order under this
11       act, the tribunal shall send a copy of the order to the petitioner only by
12       personal service or registered mail, return receipt requested and the re-
13       spondent and to the initiating tribunal, if any.
14             Sec.  10. K.S.A. 1998 Supp. 23-1001 is hereby amended to read as
15       follows: 23-1001. Case management under this act is the process by which
16       a neutral case manager appointed by the court, or by a hearing officer in
17       a proceeding pursuant to K.S.A. 23-701, and amendments thereto, or
18       through agreement by the parties, assists the parties by providing a pro-
19       cedure, other than mediation, which facilitates negotiation of a plan for
20       child custody or visitation parenting time. In the event that the parties
21       are unable to reach an agreement, the case manager shall make recom-
22       mendations to the court.
23             Sec.  11. K.S.A. 1998 Supp. 23-1002 is hereby amended to read as
24       follows: 23-1002. (a) The court may order case management, when ap-
25       propriate, of any contested issue of child custody or visitation parenting
26       time at any time, upon the motion of a party or on the court's own motion.
27       A hearing officer in a proceeding pursuant to K.S.A. 23-701, and amend-
28       ments thereto, may order case management, if appropriate, of a contested
29       issue of child visitation parenting time in such a proceeding.
30             (b) Cases in which case management is appropriate shall include one
31       or more of the following circumstances:
32             (1) Private or public neutral dispute resolution services have been
33       tried and failed to resolve the disputes;
34             (2) other neutral services have been determined to be inappropriate
35       for the family;
36             (3) repetitive conflict occurs within the family, as evidenced by the
37       parties filing at least two motions in a six-month period for enforcement,
38       modification or change of visitation parenting time or custody which are
39       denied by the court; or
40             (4) a parent exhibits diminished capacity to parent.
41             (c) If the court or hearing officer orders case management under
42       subsection (a), the court or hearing officer shall appoint a case manager,
43       taking into consideration the following:

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  1             (1) An agreement by the parties to have a specific case manager ap-
  2       pointed by the court or hearing officer;
  3             (2) the financial circumstances of the parties and the costs assessed
  4       by the case manager;
  5             (3) the case manager's knowledge of (A) the Kansas judicial system
  6       and the procedure used in domestic relations cases, (B) other resources
  7       in the community to which parties can be referred for assistance, (C)
  8       child development, (D) clinical issues relating to children, (E) the effects
  9       of divorce on children and (F) the psychology of families; and
10             (4) the case manager's training and experience in the process and
11       techniques of alternative dispute resolution and case management.
12             (d) To qualify as an appointed case manager, an individual shall:
13             (1) Be qualified to conduct mediation;
14             (2) have experience as a mediator;
15             (3) attend a workshop, approved by the district court in which the
16       case is filed, on case management; and
17             (4) participate in continuing education regarding management issues.
18             Sec.  12. K.S.A. 1998 Supp. 38-1121 is hereby amended to read as
19       follows: 38-1121. (a) The judgment or order of the court determining the
20       existence or nonexistence of the parent and child relationship is deter-
21       minative for all purposes, but if any person necessary to determine the
22       existence of a father and child relationship for all purposes has not been
23       joined as a party, a determination of the paternity of the child shall have
24       only the force and effect of a finding of fact necessary to determine a
25       duty of support.
26             (b) If the judgment or order of the court is at variance with the child's
27       birth certificate, the court shall order that a new birth certificate be is-
28       sued, but only if any man named as the father on the birth certificate is
29       a party to the action.
30             (c) Upon adjudging that a party is the parent of a minor child, the
31       court shall make provision for support and education of the child includ-
32       ing the necessary medical expenses incident to the birth of the child. The
33       court may order the support and education expenses to be paid by either
34       or both parents for the minor child. When the child reaches 18 years of
35       age, the support shall terminate unless: (1) The parent or parents agree,
36       by written agreement approved by the court, to pay support beyond that
37       time; (2) the child reaches 18 years of age before completing the child's
38       high school education in which case the support shall not automatically
39       terminate, unless otherwise ordered by the court, until June 30 of the
40       school year during which the child became 18 years of age if the child is
41       still attending high school; or (3) the child is still a bona fide high school
42       student after June 30 of the school year during which the child became
43       18 years of age, in which case the court, on motion, may order support

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  1       to continue through the school year during which the child becomes 19
  2       years of age so long as the child is a bona fide high school student and
  3       the parents jointly participated or knowingly acquiesced in the decision
  4       which delayed the child's completion of high school. The court, in ex-
  5       tending support pursuant to subsection (c)(3), may impose such condi-
  6       tions as are appropriate and shall set the child support utilizing the guide-
  7       line table category for 16-year through 18-year old children. Provision for
  8       payment of support and educational expenses of a child after reaching 18
  9       years of age if still attending high school shall apply to any child subject
10       to the jurisdiction of the court, including those whose support was or-
11       dered prior to July 1, 1992. If an agreement approved by the court prior
12       to July 1, 1988, provides for termination of support before the date pro-
13       vided by subsection (c)(2), the court may review and modify such agree-
14       ment, and any order based on such agreement, to extend the date for
15       termination of support to the date provided by subsection (c)(2). If an
16       agreement approved by the court prior to July 1, 1992, provides for ter-
17       mination of support before the date provided by subsection (c)(3), the
18       court may review and modify such agreement, and any order based on
19       such agreement, to extend the date for termination of support to the date
20       provided by subsection (c)(3). For purposes of this section, "bona fide
21       high school student" means a student who is enrolled in full accordance
22       with the policy of the accredited high school in which the student is
23       pursuing a high school diploma or a graduate equivalency diploma
24       (GED). The judgment shall specify the terms of payment and shall re-
25       quire payment to be made through the clerk of the district court or the
26       court trustee except for good cause shown. The judgment may require
27       the party to provide a bond with sureties to secure payment. The court
28       may at any time during the minority of the child modify or change the
29       order of support, including any order issued in a title IV-D case, within
30       three years of the date of the original order or a modification order, as
31       required by the best interest of the child. If more than three years has
32       passed since the date of the original order or modification order, a re-
33       quirement that such order is in the best interest of the child need not be
34       shown. The court may make a modification of support retroactive to a
35       date at least one month after the date that the motion to modify was filed
36       with the court. Any increase in support ordered effective prior to the date
37       the court's judgment is filed shall not become a lien on real property
38       pursuant to K.S.A. 60-2202, and amendments thereto.
39             (d) If both parents are parties to the action, the court shall enter such
40       orders regarding custody and visitation parenting time as the court con-
41       siders to be in the best interest of the child.
42             (e) In entering an original order for support of a child under this
43       section, the court may award an additional judgment to reimburse the

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  1       expenses of support and education of the child from the date of birth to
  2       the date the order is entered. If the determination of paternity is based
  3       upon a presumption arising under K.S.A. 38-1114 and amendments
  4       thereto, the court shall award an additional judgment to reimburse all or
  5       part of the expenses of support and education of the child from at least
  6       the date the presumption first arose to the date the order is entered,
  7       except that no additional judgment need be awarded for amounts accrued
  8       under a previous order for the child's support.
  9             (f) In determining the amount to be paid by a parent for support of
10       the child and the period during which the duty of support is owed ordered
11       in payment and duration of such payments, a court enforcing the obli-
12       gation of support shall consider all relevant facts including, but not limited
13       to, the following:
14             (1) The needs of the child.
15             (2) The standards of living and circumstances of the parents.
16             (3) The relative financial means of the parents.
17             (4) The earning ability of the parents.
18             (5) The need and capacity of the child for education.
19             (6) The age of the child.
20             (7) The financial resources and the earning ability of the child.
21             (8) The responsibility of the parents for the support of others.
22             (9) The value of services contributed by the custodial parent both
23       parents.
24             (g) The provisions of K.S.A. 23-4,107, and amendments thereto, shall
25       apply to all orders of support issued under this section.
26             (h) An order granting visitation rights parenting time pursuant to this
27       section may be enforced in accordance with K.S.A. 23-701, and amend-
28       ments thereto.
29             Sec.  13. K.S.A. 1998 Supp. 38-1132 is hereby amended to read as
30       follows: 38-1132. (a) Except as provided in subsection (d), a parent en-
31       titled to the with custody, primary residential custody or joint shared
32       custody of a child pursuant to K.S.A. 38-1121, and amendments thereto,
33       shall give written notice to the other parent who has been granted cus-
34       todial or visitation rights parenting time pursuant to subsection (d) of
35       K.S.A. 38-1121, and amendments thereto, not less than 21 days prior to:
36       (1) Changing the residence of the child to a place outside another state
37       or to another county within this state; or (2) removing the child from this
38       state for a period of time exceeding 90 days. Such notice shall be sent by
39       restricted mail, return receipt requested, to the last known address of the
40       other parent.
41             (b) Failure to give notice as required by subsection (a) is an indirect
42       civil contempt punishable as provided by law. In addition, the court may
43       assess, against the parent required to give notice, reasonable attorney fees

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  1       and any other expenses incurred by the other parent by reason of the
  2       failure to give notice.
  3             (c) A change of the residence or the removal of a child to another
  4       state or removal of a child from this state for a period of time exceeding
  5       90 days as described in subsection (a) may be considered a material
  6       change of circumstances which justifies modification of a prior order of
  7       child support or, custody or parenting time. In considering a motion al-
  8       leging a material change of circumstances, the court shall consider, but
  9       not be limited to consideration of, the following factors:
10             (1)  Whether the change of residence or extended removal from the
11       state will adversely affect the current parenting plan such that a modifi-
12       cation of the plan or custody order is in the best interests of the child;
13             (2) whether a modified parenting plan will be adequate to address
14       the effect of the change of residency or extended removal from the state;
15             (3) whether the increased costs of transportation, if any, occasioned
16       by the change of residence or extended removal from the state justify a
17       modification of a custody order, support order, parenting plan order or
18       agreement.
19             (d) A parent entitled to the custody of a child pursuant to K.S.A. 38-
20       1121, and amendments thereto, shall not be required to give the notice
21       required by this section to the other parent when the other parent has
22       been convicted of any crime specified in article 34, 35 or 36 of chapter
23       21 of the Kansas Statutes Annotated, and amendments thereto, in which
24       the child is the victim of such crime.
25             (e) This section shall be part of and supplemental to the Kansas par-
26       entage act.
27             Sec.  14. K.S.A. 1998 Supp. 38-1138 is hereby amended to read as
28       follows: 38-1138. (a) The state registrar of vital statistics, in conjunction
29       with the secretary of social and rehabilitation services, shall review and,
30       as needed, revise acknowledgment of paternity forms for use under K.S.A.
31       38-1130 and 65-2409a, and amendments thereto. The acknowledgment
32       of paternity forms shall include or have attached a written description
33       pursuant to subsection (b) of the rights and responsibilities of acknowl-
34       edging paternity.
35             (b) A written description of the rights and responsibilities of acknowl-
36       edging paternity shall state the following:
37             (1) An acknowledgment of paternity creates a permanent father and
38       child relationship which can only be ended by court order. A person who
39       wants to revoke the acknowledgment of paternity must file the request
40       with the court before the child is one year old, unless the person was
41       under age 18 when the acknowledgment of paternity was signed. A person
42       under age 18 when the acknowledgment was signed has until one year
43       after his or her 18th birthday to file a request, but if the child is more

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  1       than one year old then, the judge will first consider the child's best
  2       interests.
  3             The person will have to show that the acknowledgment was based on
  4       fraud, duress (threat) or an important mistake of fact, unless the request
  5       is filed within 60 days of signing the acknowledgment or before any court
  6       hearing about the child, whichever is earlier;
  7             (2) both the father and the mother are responsible for the care and
  8       support of the child. If necessary, this duty may be enforced through legal
  9       action such as a child support order, an order to pay birth or other medical
10       expenses of the child or an order to repay government assistance pay-
11       ments for the child's care. A parent's willful failure to support the parent's
12       child is a crime;
13             (3) both the father and the mother have rights of custody and visi-
14       tation parenting time with the child unless a court order changes their
15       rights. If necessary, custody and visitation rights parenting time may be
16       spelled out in a court order and enforced;
17             (4) both the father and the mother have the right to consent to med-
18       ical treatment for the child unless a court order changes those rights;
19             (5) the child may inherit from the father and the father's family or
20       from the mother and the mother's family. The child may receive public
21       benefits, including, but not limited to, social security or private benefits,
22       including, but not limited to, insurance or workers compensation because
23       of the father-child or mother-child relationship;
24             (6) the father or the mother may be entitled to claim the child as a
25       dependent for tax or other purposes. The father or the mother may inherit
26       from the child or the child's descendants; and
27             (7) each parent has the right to sign or not sign an acknowledgment
28       of paternity. Each parent has the right to talk with an attorney before
29       signing an acknowledgment of paternity. Each parent has the right to be
30       represented by an attorney in any legal action involving paternity or their
31       rights or duties as a parent. Usually each person is responsible for hiring
32       the person's own attorney.
33             (c) Any duty to disclose rights or responsibilities related to signing an
34       acknowledgment of paternity shall have been met by furnishing the writ-
35       ten disclosures of subsection (b). Any duty to disclose orally the rights or
36       responsibilities related to signing an acknowledgment of paternity may be
37       met by means of an audio recording of the disclosures of subsection (b).
38             (d) An acknowledgment of paternity completed without the written
39       disclosures of subsection (b) is not invalid solely for that reason and may
40       create a presumption of paternity pursuant to K.S.A. 38-1114 and amend-
41       ments thereto. Nothing in K.S.A. 1997 Supp. 38-1136 through 38-1138
42       and amendments thereto shall decrease the validity, force or effect of an
43       acknowledgment of paternity executed in this state prior to the effective

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  1       date of this act.
  2             (e) Upon request, the state registrar of vital statistics shall provide a
  3       certified copy of the acknowledgment of paternity to an office providing
  4       IV-D program services.
  5             Sec.  15. K.S.A. 38-1302 is hereby amended to read as follows: 38-
  6       1302. As used in the uniform child custody jurisdiction act:
  7             (a) "Contestant" means a person, including a parent, who claims a
  8       right to custody or visitation rights parenting time with respect to a child.
  9             (b) "Custody determination" means a court decision and court orders
10       and instructions providing for the custody of a child, including visitation
11       rights parenting time; it does not include a decision relating to child sup-
12       port or any other monetary obligation of any person.
13             (c) "Custody proceeding" includes proceedings in which a custody
14       determination is one of several issues, such as an action for divorce or
15       separation, and includes proceedings under the Kansas code for care of
16       children.
17             (d) "Decree" or "custody decree" means a custody determination
18       contained in a judicial decree or order made in a custody proceeding, and
19       includes an initial decree and a modification decree.
20             (e) "Home state" means the state in which the child immediately
21       preceding the time involved lived with the child's parents, a parent, or a
22       person acting as parent, for at least six consecutive months, and in the
23       case of a child less than six months old the state in which the child lived
24       from birth with any of the persons mentioned. Periods of temporary ab-
25       sence of any of the named persons are counted as part of the six-month
26       or other period.
27             (f) "Initial decree" means the first custody decree concerning a par-
28       ticular child.
29             (g) "Modification decree" means a custody decree which modifies or
30       replaces a prior decree, whether made by the court which rendered the
31       prior decree or by another court.
32             (h) "Physical custody" means actual possession and control of a child.
33             (i) "Person acting as parent" means a person, other than a parent,
34       who has physical custody of a child and who has either been awarded
35       custody by a court or claims a right to custody.
36             (j) "State" means any state, territory, or possession of the United
37       States, the Commonwealth of Puerto Rico, and the District of Columbia.
38             Sec.  16. K.S.A. 38-1309 is hereby amended to read as follows: 38-
39       1309. (a) Every party in a custody proceeding in the party's first pleading
40       or in an affidavit attached to that pleading shall give information under
41       oath as to the child's present address, the places where the child has lived
42       within the last five years, and the names and present addresses of the
43       persons with whom the child has lived during that period. In this pleading

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  1       or affidavit every party shall further declare under oath whether:
  2             (1) The party has participated (as a party, witness, or in any other
  3       capacity) in any other litigation concerning the custody of the same child
  4       in this or any other state;
  5             (2) the party has information of any custody proceeding concerning
  6       the child pending in a court of this or any other state; and
  7             (3) the party knows of any person not a party to the proceedings who
  8       has physical custody of the child or claims to have custody or visitation
  9       rights parenting time with respect to the child.
10             (b) If the declaration as to any of the above items is in the affirmative
11       the declarant shall give additional information under oath as required by
12       the court. The court may examine the parties under oath as to details of
13       the information furnished and as to other matters pertinent to the court's
14       jurisdiction and the disposition of the case.
15             (c) Each party has a continuing duty to inform the court of any cus-
16       tody proceeding concerning the child in this or any other state of which
17       the party obtained information during this proceeding.
18             (d) Any party who submits information pursuant to this section know-
19       ing the same to be false shall, upon conviction, be deemed guilty of a
20       class C nonperson misdemeanor.
21             Sec.  17. K.S.A. 38-1310 is hereby amended to read as follows: 38-
22       1310. If the court learns from information furnished by the parties pur-
23       suant to K.S.A. 38-1309 and amendments thereto or from other sources
24       that a person not a party to the custody proceeding has physical custody
25       of the child or claims to have custody or visitation rights parenting time
26       with respect to the child, it shall order that person to be joined as a party
27       and to be duly notified of the pendency of the proceeding and of such
28       person's joinder as a party. If the person joined as a party is outside this
29       state the person shall be served with process or otherwise notified in
30       accordance with K.S.A. 38-1305 and amendments thereto.
31             Sec.  18. K.S.A. 1998 Supp. 38-1502 is hereby amended to read as
32       follows: 38-1502. As used in this code, unless the context otherwise
33       indicates:
34             (a) "Child in need of care" means a person less than 18 years of age
35       who:
36             (1) Is without adequate parental care, control or subsistence and the
37       condition is not due solely to the lack of financial means of the child's
38       parents or other custodian;
39             (2) is without the care or control necessary for the child's physical,
40       mental or emotional health;
41             (3) has been physically, mentally or emotionally abused or neglected
42       or sexually abused;
43             (4) has been placed for care or adoption in violation of law;

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  1             (5) has been abandoned or does not have a known living parent;
  2             (6) is not attending school as required by K.S.A. 72-977 or 72-1111,
  3       and amendments thereto;
  4             (7) except in the case of a violation of K.S.A. 41-727, subsection (j)
  5       of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
  6       ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
  7       4204a and amendments thereto, does an act which, when committed by
  8       a person under 18 years of age, is prohibited by state law, city ordinance
  9       or county resolution but which is not prohibited when done by an adult;
10             (8) while less than 10 years of age, commits any act which if done by
11       an adult would constitute the commission of a felony or misdemeanor as
12       defined by K.S.A. 21-3105 and amendments thereto;
13             (9) is willfully and voluntarily absent from the child's home without
14       the consent of the child's parent or other custodian;
15             (10) is willfully and voluntarily absent at least a second time from a
16       court ordered or designated placement, or a placement pursuant to court
17       order, if the absence is without the consent of the person with whom the
18       child is placed or, if the child is placed in a facility, without the consent
19       of the person in charge of such facility or such person's designee;
20             (11) has been residing in the same residence with a sibling or another
21       person under 18 years of age, who has been physically, mentally or emo-
22       tionally abused or neglected, or sexually abused; or
23             (12) while less than 10 years of age commits the offense defined in
24       K.S.A. 21-4204a and amendments thereto.
25             (b) "Physical, mental or emotional abuse or neglect" means the in-
26       fliction of physical, mental or emotional injury or the causing of a dete-
27       rioration of a child and may include, but shall not be limited to, failing to
28       maintain reasonable care and treatment, negligent treatment or maltreat-
29       ment or exploiting a child to the extent that the child's health or emotional
30       well-being is endangered. A parent legitimately practicing religious beliefs
31       who does not provide specified medical treatment for a child because of
32       religious beliefs shall not for that reason be considered a negligent parent;
33       however, this exception shall not preclude a court from entering an order
34       pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.
35             (c) "Sexual abuse" means any act committed with a child which is
36       described in article 35, chapter 21 of the Kansas Statutes Annotated and
37       those acts described in K.S.A. 21-3602 or 21-3603, and amendments
38       thereto, regardless of the age of the child.
39             (d) "Parent," when used in relation to a child or children, includes a
40       guardian, conservator and every person who is by law liable to maintain,
41       care for or support the child.
42             (e) "Interested party" means the state, the petitioner, the child, any
43       parent, any grandparent and any person found to be an interested party

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  1       pursuant to K.S.A. 38-1541 and amendments thereto.
  2             (f) "Law enforcement officer" means any person who by virtue of
  3       office or public employment is vested by law with a duty to maintain
  4       public order or to make arrests for crimes, whether that duty extends to
  5       all crimes or is limited to specific crimes.
  6             (g) "Youth residential facility" means any home, foster home or struc-
  7       ture which provides 24-hour-a-day care for children and which is licensed
  8       pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.
  9             (h) "Shelter facility" means any public or private facility or home
10       other than a juvenile detention facility that may be used in accordance
11       with this code for the purpose of providing either temporary placement
12       for the care of children in need of care prior to the issuance of a dispos-
13       itional order or longer term care under a dispositional order.
14             (i) "Juvenile detention facility" means any secure public or private
15       facility used for the lawful custody of accused or adjudicated juvenile
16       offenders which must not be a jail.
17             (j) "Adult correction facility" means any public or private facility, se-
18       cure or nonsecure, which is used for the lawful custody of accused or
19       convicted adult criminal offenders.
20             (k) "Secure facility" means a facility which is operated or structured
21       so as to ensure that all entrances and exits from the facility are under the
22       exclusive control of the staff of the facility, whether or not the person
23       being detained has freedom of movement within the perimeters of the
24       facility, or which relies on locked rooms and buildings, fences or physical
25       restraint in order to control behavior of its residents. No secure facility
26       shall be in a city or county jail.
27             (l) "Ward of the court" means a child over whom the court has ac-
28       quired jurisdiction by the filing of a petition pursuant to this code and
29       who continues subject to that jurisdiction until the petition is dismissed
30       or the child is discharged as provided in K.S.A. 38-1503 and amendments
31       thereto.
32             (m) "Custody," whether temporary, protective or legal, means the
33       status created by court order or statute which vests in a custodian,
34       whether an individual or an agency, the right to physical possession of
35       the child and the right to determine placement of the child, subject to
36       restrictions placed by the court.
37             (n) "Placement" means the designation by the individual or agency
38       having custody of where and with whom the child will live.
39             (o) "Secretary" means the secretary of social and rehabilitation
40       services.
41             (p) "Relative" means a person related by blood, marriage or adoption
42       but, when referring to a relative of a child's parent, does not include the
43       child's other parent.

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  1             (q) "Court-appointed special advocate" means a responsible adult
  2       other than an attorney guardian ad litem who is appointed by the court
  3       to represent the best interests of a child, as provided in K.S.A. 38-1505a
  4       and amendments thereto, in a proceeding pursuant to this code.
  5             (r) "Multidisciplinary team" means a group of persons, appointed by
  6       the court or by the state department of social and rehabilitation services
  7       under K.S.A. 38-1523a and amendments thereto, which has knowledge
  8       of the circumstances of a child in need of care.
  9             (s) "Jail" means:
10             (1) An adult jail or lockup; or
11             (2) a facility in the same building or on the same grounds as an adult
12       jail or lockup, unless the facility meets all applicable standards and licen-
13       sure requirements under law and there is (A) total separation of the ju-
14       venile and adult facility spatial areas such that there could be no haphaz-
15       ard or accidental contact between juvenile and adult residents in the
16       respective facilities; (B) total separation in all juvenile and adult program
17       activities within the facilities, including recreation, education, counseling,
18       health care, dining, sleeping, and general living activities; and (C) separate
19       juvenile and adult staff, including management, security staff and direct
20       care staff such as recreational, educational and counseling.
21             (t) "Kinship care" means the placement of a child in the home of the
22       child's relative or in the home of another adult with whom the child or
23       the child's parent already has a close emotional attachment.
24             (u) "Juvenile intake and assessment worker" means a responsible
25       adult authorized to perform intake and assessment services as part of the
26       intake and assessment system established pursuant to K.S.A. 75-7023, and
27       amendments thereto.
28             (v) "Abandon" means to forsake, desert or cease providing care for
29       the child without making appropriate provisions for substitute care.
30             (w) "Permanent guardianship" means a judicially created relationship
31       between child and caretaker which is intended to be permanent and self-
32       sustaining without ongoing state oversight or intervention. The perma-
33       nent guardian stands in loco parentis and exercises all the rights and
34       responsibilities of a parent.
35             (x) "Aggravated circumstances" means the abandonment, torture,
36       chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
37             (y) "Permanency hearing" means a notice and opportunity to be
38       heard is provided to interested parties, foster parents, preadoptive parents
39       or relatives providing care for the child. The court, after consideration of
40       the evidence, shall determine whether progress toward the case plan goal
41       is adequate or reintegration is a viable alternative, or if the case should
42       be referred to the county or district attorney for filing of a petition to
43       terminate parental rights or to appoint a permanent guardian.

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  1             (z) "Extended out of home placement" means a child has been in the
  2       custody of the secretary and placed with neither parent for 15 of the most
  3       recent 22 months beginning 60 days after the date at which a child in the
  4       custody of the secretary was removed from the home.
  5             (aa) "Educational institution" means all schools at the elementary and
  6       secondary levels.
  7             (bb) "Educator" means any administrator, teacher or other profes-
  8       sional or paraprofessional employee of an educational institution who has
  9       exposure to a pupil specified in subsection (a)(1) through (5) of K.S.A.
10       1998 Supp. 72-89b03 and amendments thereto.
11             Sec.  19. K.S.A. 38-1533 is hereby amended to read as follows: 38-
12       1533. (a) Persons upon whom served. The summons and a copy of the
13       petition shall be served on the child alleged to be a child in need of care
14       by serving the guardian ad litem appointed for the child, the parents or
15       parent having legal custody or who may be ordered to pay child support
16       by the court, the person with whom the child is residing and any other
17       person designated by the county or district attorney. A copy of the petition
18       and notice of hearing shall be mailed by regular mail, to the child's grand-
19       parents with whom the child does not reside.
20             (b) Form of summons. The summons shall be issued by the clerk,
21       dated the day it is issued, contain the name of the court and the caption
22       of the case and be in substantially the following form:
23      
(Name of Court)
24       In the Interest of ______________
25      
Case No. ______
26                            (Name[s])
27       Date of birth __________
28       Each a child under 18 years of age
29      
S U M M O N S
30       TO:
31      
(Names)
(Relationship)
(Addresses)
32      
33      
34      
35      
36             A petition has been filed in this court, a copy of which is attached.
37             On ________, 19__, at ______ o'clock __m. the above parent(s), and any
38       other person having legal custody are required to appear before this court at ________,
39       or prior to that time file your written response to the petition with the clerk of this court.
40             Failure to respond or to appear before the court at the above time will not prevent the
41       court from entering judgment that each child is a child in need of care if it finds judgment
42       should be granted and removing the child from the custody of parent, parents or any other
43       present legal custodian until the further order of the court. The court may order one or
44       both parents to pay child support. If, after a child has been adjudged to be a child in need

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  1       of care, the court finds a parent or parents to be unfit, the court may make an order
  2       permanently terminating the parent's or parents' parental rights.
  3             ________, an attorney, has been appointed as guardian ad litem for the child or
  4       children. Each parent or legal custodian has the right to appear and be heard personally
  5       either with or without an attorney. The court will appoint an attorney for any parent who
  6       is financially unable to hire one.
  7       Date ________, 19__
  8      
Clerk of the District Court
  9      
by ________________
10             (Seal)
11             Sec.  20. K.S.A. 1998 Supp. 38-1563 is hereby amended to read as
12       follows: 38-1563.
13             (a) After consideration of any evidence offered relating to disposition,
14       the court may retain jurisdiction and place the child in the custody of the
15       child's parent subject to terms and conditions which the court prescribes
16       to assure the proper care and protection of the child, including supervi-
17       sion of the child and the parent by a court services officer, or may order
18       the child and the parent to participate in programs operated by the sec-
19       retary or another appropriate individual or agency. The terms and con-
20       ditions may require any special treatment or care which the child needs
21       for the child's physical, mental or emotional health.
22             (b) The duration of any period of supervision or other terms or con-
23       ditions shall be for an initial period of no more than 18 months. The
24       court, at the expiration of that period, upon a hearing and for good cause
25       shown, may make successive extensions of the supervision or other terms
26       or conditions for up to 12 months at a time.
27             (c) The court may order the child and the parents of any child who
28       has been adjudged a child in need of care to attend counseling sessions
29       as the court directs. The expense of the counseling may be assessed as
30       an expense in the case. No mental health center shall charge a greater
31       fee for court-ordered counseling than the center would have charged to
32       the person receiving counseling if the person had requested counseling
33       on the person's own initiative.
34             (d) If the court finds that placing the child in the custody of a parent
35       will not assure protection from physical, mental or emotional abuse or
36       neglect or sexual abuse or will not be in the best interests of the child,
37       the court shall enter an order awarding custody of the child, until the
38       further order of the court, to one of the following:
39             (1) A relative of the child or a person with whom the child has close
40       emotional ties;
41             (2) any other suitable person;
42             (3) a shelter facility; or
43             (4) the secretary.
44             In making such a custody order, the court shall give preference, to the

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  1       extent that the court finds it is in the best interests of the child, first to
  2       granting custody to a relative of the child and second to granting custody
  3       of the child to a person with whom the child has close emotional ties. If
  4       the court has awarded legal custody based on the finding specified by this
  5       subsection, the legal custodian shall not return the child to the home of
  6       that parent without the written consent of the court.
  7             (e) When the custody of the child is awarded to the secretary:
  8             (1) The court may recommend to the secretary where the child
  9       should be placed.
10             (2) The secretary shall notify the court in writing of any placement
11       of the child or, within 10 days of the order awarding the custody of the
12       child to the secretary, any proposed placement of the child, whichever
13       occurs first.
14             (3) The court may determine if such placement is in the best interests
15       of the child, and if the court determines that such placement is not in the
16       best interests of the child, the court shall notify the secretary who shall
17       then make an alternative placement subject to the procedures established
18       in this paragraph. In determining if such placement is in the best interests
19       of the child, the court, after providing the parties with an opportunity to
20       be heard, shall consider the health and safety needs of the child and the
21       resources available to meet the needs of children in the custody of the
22       secretary.
23             (f) If custody of a child is awarded under this section to a person
24       other than the child's parent, the court may grant any individual reason-
25       able rights to visit the child upon motion of the individual and a finding
26       that the parenting time or visitation rights would be in the best interests
27       of the child.
28             (g) If the court issues an order of custody pursuant to this section,
29       the court may enter an order restraining any alleged perpetrator of phys-
30       ical, sexual, mental or emotional abuse of the child from residing in the
31       child's home; visiting, contacting, harassing or intimidating the child; or
32       attempting to visit, contact, harass or intimidate the child.
33             (h) The court shall not enter an order removing a child from the
34       custody of a parent pursuant to this section unless the court first finds
35       from evidence presented by the petitioner that reasonable efforts have
36       been made to prevent or eliminate the need for removal of the child;
37       reintegration is not a viable alternative; or that an emergency exists which
38       threatens the safety of the child and requires the immediate removal of
39       the child. Reintegration may not be a viable alternative when the: (1)
40       Parent has been found by a court to have committed murder in the first
41       degree, K.S.A. 21-3401 and amendments thereto, murder in the second
42       degree, K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A.
43       21-3439 and amendments thereto, voluntary manslaughter, K.S.A. 21-

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  1       3403 and amendments thereto or violated a law of another state which
  2       prohibits such murder or manslaughter of a child; (2) parent aided or
  3       abetted, attempted, conspired or solicited to commit such murder or vol-
  4       untary manslaughter of a child as provided in subsection (h)(1); (3) parent
  5       committed a felony battery that resulted in bodily injury to the child or
  6       another child; (4) parent has subjected the child or another child to ag-
  7       gravated circumstances as defined in subsection (x) of K.S.A. 38-1502,
  8       and amendments thereto; (5) parental rights of the parent to another child
  9       have been terminated involuntarily or (6) the child has been in extended
10       out of home placement as defined in subsection (z) of K.S.A. 38-1502
11       and amendments thereto. Such findings shall be included in any order
12       entered by the court.
13             (i) In addition to or in lieu of any other order authorized by this
14       section, if a child is adjudged to be a child in need of care by reason of a
15       violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.
16       and amendments thereto) or K.S.A. 41-719, 41-804, 41-2719, 65-4152,
17       65-4153, 65-4154 or 65-4155, and amendments thereto, the court shall
18       order the child to submit to and complete an alcohol and drug evaluation
19       by a community-based alcohol and drug safety action program certified
20       pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee not
21       to exceed the fee established by that statute for such evaluation. If the
22       court finds that the child and those legally liable for the child's support
23       are indigent, the fee may be waived. In no event shall the fee be assessed
24       against the secretary or the department of social and rehabilitation
25       services.
26             (j) In addition to any other order authorized by this section, if child
27       support has been requested and the parent or parents have a duty to
28       support the child, the court may order one or both parents to pay child
29       support and, when custody is awarded to the secretary, the court shall
30       order one or both parents to pay child support. The court shall determine,
31       for each parent separately, whether the parent is already subject to an
32       order to pay support for the child. If the parent is not presently ordered
33       to pay support for any child who is a ward of the court and the court has
34       personal jurisdiction over the parent, the court shall order the parent to
35       pay child support in an amount determined under K.S.A. 38-1595 and
36       amendments thereto. Except for good cause shown, the court shall issue
37       an immediate income withholding order pursuant to K.S.A. 23-4,105 et
38       seq. and amendments thereto for each parent ordered to pay support
39       under this subsection, regardless of whether a payor has been identified
40       for the parent. A parent ordered to pay child support under this subsec-
41       tion shall be notified, at the hearing or otherwise, that the child support
42       order may be registered pursuant to K.S.A. 38-1597 and amendments
43       thereto. The parent shall also be informed that, after registration, the

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  1       income withholding order may be served on the parent's employer with-
  2       out further notice to the parent and the child support order may be en-
  3       forced by any method allowed by law. Failure to provide this notice shall
  4       not affect the validity of the child support order.
  5             Sec.  21. K.S.A. 1998 Supp. 38-1569 is hereby amended to read as
  6       follows: 38-1569. The report made by foster parents and provided by the
  7       department of social and rehabilitation services, pursuant to K.S.A. 38-
  8       1565, and amendments thereto, shall be in substantially the following
  9       form:
10      
REPORT FROM FOSTER PARENTS
11      
CONFIDENTIAL
12      
13      
Child's Name
Current Address
14      
15      
Parent's Name
Foster Parents
16      
17      

Primary Social Worker
18           Please circle the word which best describes the child's progress
19       1. Child's adjustment in the home
20             excellent         good         satisfactory         needs improvement
21       2. Child's interaction with foster parents and family members
22             excellent         good         satisfactory         needs improvement
23       3. Child's interaction with others
24             excellent         good         satisfactory         needs improvement
25       4. Child's respect for property
26             excellent         good         satisfactory         needs improvement
27       5. Physical and emotional condition of the child
28             excellent         good         satisfactory         needs improvement
29       6. Social worker's interaction with the child and foster family
30             excellent         good         satisfactory         needs improvement
31       7. School status of child:
32      
33      

School

Grade
34       Grades Good
Fair
Poor
35       Attendance Good
Fair
Poor
36       Behavior Good
Fair
Poor
37       8. If visitation parenting time with parents has occurred, describe the frequency of visits,
38       with whom, supervised or unsupervised, and any significant events which have occurred.
39       ___________________________________________________________________________
40       ___________________________________________________________________________
41       9. Your opinion regarding the overall adjustment, progress and condition of the child:
42       ___________________________________________________________________________
43       ___________________________________________________________________________

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  1       10. Do you have any special concerns or comments with regard to the child not addressed
  2       by this form? Please specify. __________________________________________________
  3       ___________________________________________________________________________
  4       ___________________________________________________________________________
  5       ___________________________________________________________________________
  6       ___________________________________________________________________________
  7       ___________________________________________________________________________
  8             Sec.  22. K.S.A. 1998 Supp. 38-1583 is hereby amended to read as
  9       follows: 38-1583. (a) When the child has been adjudicated to be a child
10       in need of care, the court may terminate parental rights when the court
11       finds by clear and convincing evidence that the parent is unfit by reason
12       of conduct or condition which renders the parent unable to care properly
13       for a child and the conduct or condition is unlikely to change in the
14       foreseeable future.
15             (b) In making a determination hereunder the court shall consider,
16       but is not limited to, the following, if applicable:
17             (1) Emotional illness, mental illness, mental deficiency or physical
18       disability of the parent, of such duration or nature as to render the parent
19       unlikely to care for the ongoing physical, mental and emotional needs of
20       the child;
21             (2) conduct toward a child of a physically, emotionally or sexually
22       cruel or abusive nature;
23             (3) excessive use of intoxicating liquors or narcotic or dangerous
24       drugs;
25             (4) physical, mental or emotional neglect of the child;
26             (5) conviction of a felony and imprisonment;
27             (6) unexplained injury or death of another child or stepchild of the
28       parent;
29             (7) reasonable efforts by appropriate public or private child caring
30       agencies have been unable to rehabilitate the family; and
31             (8) lack of effort on the part of the parent to adjust the parent's cir-
32       cumstances, conduct or conditions to meet the needs of the child.
33             (c) In addition to the foregoing, when a child is not in the physical
34       custody of a parent, the court, in proceedings concerning the termination
35       of parental rights, shall also consider, but is not limited to the following:
36             (1) Failure to assure care of the child in the parental home when able
37       to do so;
38             (2) failure to maintain regular visitation parenting time, contact or
39       communication with the child or with the custodian of the child;
40             (3) failure to carry out a reasonable plan approved by the court di-
41       rected toward the integration of the child into the parental home; and
42             (4) failure to pay a reasonable portion of the cost of substitute physical
43       care and maintenance based on ability to pay.

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  1             In making the above determination, the court may disregard incidental
  2       visitations, contacts, communications or contributions.
  3             (d) The rights of the parents may be terminated as provided in this
  4       section if the court finds that the parents have abandoned the child or
  5       the child was left under such circumstances that the identity of the par-
  6       ents is unknown and cannot be ascertained, despite diligent searching,
  7       and the parents have not come forward to claim the child within three
  8       months after the child is found.
  9             (e) The existence of any one of the above standing alone may, but
10       does not necessarily, establish grounds for termination of parental rights.
11       The determination shall be based on an evaluation of all factors which
12       are applicable. In considering any of the above factors for terminating the
13       rights of a parent, the court shall give primary consideration to the phys-
14       ical, mental or emotional condition and needs of the child. If presented
15       to the court and subject to the provisions of K.S.A. 60-419, and amend-
16       ments thereto, the court shall consider as evidence testimony from a
17       person licensed to practice medicine and surgery, a licensed psychologist
18       or a licensed social worker expressing an opinion relating to the physical,
19       mental or emotional condition and needs of the child. The court shall
20       consider any such testimony only if the licensed professional providing
21       such testimony is subject to cross-examination.
22             (f) A termination of parental rights under the Kansas code for care
23       of children shall not terminate the right of the child to inherit from or
24       through the parent. Upon such termination, all the rights of birth parents
25       to such child, including their right to inherit from or through such child,
26       shall cease.
27             (g) If, after finding the parent unfit, the court determines a compel-
28       ling reason why it is not in the best interests of the child to terminate
29       parental rights, the court may award permanent guardianship to an in-
30       dividual providing care for the child, a relative or other person with whom
31       the child has a close emotional attachment. Prior to awarding permanent
32       guardianship, the court shall receive and consider an assessment as pro-
33       vided in K.S.A. 59-2132 and amendments thereto of any potential per-
34       manent guardian.
35             (h) If a parent is convicted of an offense as provided in subsection
36       (7) of K.S.A. 38-1585 and amendments thereto or is adjudicated a juvenile
37       offender because of an act which if committed by an adult would be an
38       offense as provided in subsection (7) of K.S.A. 38-1585 and amendments
39       thereto, and if the victim was the other parent of a child, the court may
40       disregard such convicted or adjudicated parent's opinions or wishes in
41       regard to the placement of such child.
42        [Sec.  23. K.S.A. 1998 Supp. 38-1591 is hereby amended to
43       read as follows: 38-1591. (a) An appeal may be taken by any inter-

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  1       ested party from any adjudication, disposition, termination of pa-
  2       rental rights or order of temporary custody in any proceedings
  3       pursuant to this code.
  4             [(b) An appeal from an order entered by a district magistrate
  5       judge shall be to a district judge. The appeal shall be heard within
  6       30 days from the date the notice of appeal is filed. If no record
  7       was made of the proceedings, the trial shall be de novo.
  8             [(c) Procedure on appeal shall be governed by article 21 of
  9       chapter 60 of the Kansas Statutes Annotated.
10             [(d) Notwithstanding any other provision of law to the con-
11       trary, appeals under this section shall have priority over all other
12       cases.
13             [(e) Every notice of appeal, docketing statement and brief shall be
14       verified by the interested party. Failure to have the required verification
15       shall result in the dismissal of the appeal.]
16             Sec.  23. [24.] K.S.A. 38-1597 is hereby amended to read as follows:
17       38-1597. (a) A party entitled to receive child support under an order
18       issued pursuant to the Kansas code for care of children may file with the
19       clerk of the district court in the county in which the judgment was ren-
20       dered the original child support order and the original income withhold-
21       ing order, if any. If the original child support or income withholding order
22       is unavailable for any reason, a certified or authenticated copy of the order
23       may be substituted. The clerk of the district court shall number the child
24       support order as a case filed under chapter 60 of the Kansas Statutes
25       Annotated and enter the numbering of the case on the appearance docket
26       of the case. Registration of a child support order under this section shall
27       be without cost or docket fee.
28             (b) If the number assigned to a case under the Kansas code for care
29       of children appears in the caption of a document filed pursuant to this
30       section, the clerk of the district court may obliterate that number and
31       replace it with the new case number assigned pursuant to this section.
32             (c) The filing of the child support order shall constitute registration
33       under this section. Upon registration of the child support order, all mat-
34       ters related to that order, including but not limited to modification of the
35       order, shall proceed under the new case number. Registration of a child
36       support order under this section does not confer jurisdiction in the reg-
37       istration case for custody or visitation parenting time issues.
38             (d) The party registering a child support order shall serve a copy of
39       the registered child support order and income withholding order, if any,
40       upon the interested parties by first-class mail. The party registering the
41       child support order shall file, in the privileged official file for each child
42       affected, either a copy of the registered order showing the new case num-
43       ber or a statement that includes the caption, new case number and date

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  1       of registration of the child support order.
  2             (e) If the secretary of social and rehabilitation services is entitled to
  3       receive payment under an order which may be registered under this sec-
  4       tion, the county or district attorney shall take the actions permitted or
  5       required in subsections (a) and (d) on behalf of the secretary, unless
  6       otherwise requested by the secretary.
  7             (f) A child support order registered pursuant to this section shall have
  8       the same force and effect as an original child support order entered under
  9       chapter 60 of the Kansas Statutes Annotated including, but not limited
10       to:
11             (1) The registered order shall become a lien on the real estate of the
12       judgment debtor in the county from the date of registration;
13             (2) execution or other action to enforce the registered order may be
14       had from the date of registration;
15             (3) the registered order may itself be registered pursuant to any law,
16       including but not limited to the revised uniform reciprocal enforcement
17       of support act (1968);
18             (4) if any installment of support due under the registered order be-
19       comes a dormant judgment, it may be revived pursuant to K.S.A. 60-2404
20       and amendments thereto; and
21             (5) the court shall have continuing jurisdiction over the parties and
22       subject matter and, except as otherwise provided in subsection (g), may
23       modify any prior support order when a material change in circumstances
24       is shown irrespective of the present domicile of the child or parents. The
25       court may make a modification of child support retroactive to a date at
26       least one month after the date that the motion to modify was filed with
27       the court.
28             (g) If a motion to modify the child support order is filed within three
29       months after the date of registration pursuant to this section; if no motion
30       to modify the order has previously been heard and if the moving party
31       shows that the support order was based upon one or more of the pre-
32       sumptions provided in K.S.A. 38-1595 and amendments thereto or upon
33       a stipulation pursuant to subsection (c) of K.S.A. 38-1595 and amend-
34       ments thereto, the court shall apply the Kansas child support guidelines
35       adopted pursuant to K.S.A. 20-165 and amendments thereto without re-
36       quiring any party to show that a material change of circumstances has
37       occurred, without regard to any previous presumption or stipulation used
38       to determine the amount of the child support order, and irrespective of
39       the present domicile of the child or parents. Nothing in this subsection
40       shall prevent or limit enforcement of the support order during the three
41       months after the date of registration.
42             Sec.  24. [25.] K.S.A. 1998 Supp. 38-1641 is hereby amended to read
43       as follows: 38-1641. (a) Any parent, guardian, or person with whom a

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  1       juvenile resides who is served with a summons as provided in K.S.A. 38-
  2       1626, and amendments thereto, shall appear with the juvenile at all ju-
  3       venile proceedings concerning the juvenile, unless excused by the court
  4       having jurisdiction of the matter.
  5             (b) Any person required by this act to be present at all juvenile pro-
  6       ceedings who fails to comply, without good cause, with the provisions of
  7       subsection (a) may be proceeded against for indirect contempt of court
  8       pursuant to the provisions of K.S.A. 20-1204a et seq., and amendments
  9       thereto.
10             (c) As used in this section: (1) "Good cause" for failing to appear
11       includes, but is not limited to, a situation where a parent or guardian:
12             (A) Does not have physical custody of the juvenile and resides outside
13       of Kansas;
14             (B) has physical custody of the juvenile, but resides outside of Kansas
15       and appearing in court will result in undue hardship to such parent or
16       guardian; or
17             (C) resides in Kansas, but is outside of the state at the time of the
18       juvenile proceeding for reasons other than avoiding appearance before
19       the court and appearing in court will result in undue hardship to such
20       parent or guardian.
21             (2) "Parent" means and includes a natural parent who has sole or
22       joint shared custody, regardless of whether the parent is designated as
23       the primary residential custodian, or an adoptive parent. Parent does not
24       include a person whose parental rights have been terminated pursuant to
25       law.
26             (d) If the parent or guardian of any juvenile cannot be found or fails
27       to appear, the court may proceed with the case without the presence of
28       such parent or guardian.
29             (e) This section shall be part of and supplemental to the Kansas ju-
30       venile justice code.
31             Sec.  25. [26.] K.S.A. 1998 Supp. 38-1664 is hereby amended to read
32       as follows: 38-1664. (a) Prior to placing a juvenile offender in the custody
33       of the commissioner and recommending out-of-home placement, the
34       court shall consider and determine that, where consistent with the need
35       for protection of the community:
36             (1) Reasonable efforts have been made to prevent or eliminate the
37       need for out-of-home placement or reasonable efforts are not possible
38       due to an emergency threatening the safety of the juvenile offender or
39       the community; and
40             (2) out-of-home placement is in the best interests of the juvenile of-
41       fender.
42             (b) When a juvenile offender has been placed in the custody of the
43       commissioner, the commissioner shall notify the court in writing of the

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  1       initial placement of the juvenile offender as soon as the placement has
  2       been accomplished. The court shall have no power to direct a specific
  3       placement by the commissioner, but may make recommendations to the
  4       commissioner. The commissioner may place the juvenile offender in an
  5       institution operated by the commissioner, a youth residential facility or a
  6       community mental health center. If the court has recommended an out-
  7       of-home placement, the commissioner may not return the juvenile of-
  8       fender to the home from which removed without first notifying the court
  9       of the plan.
10             (c) During the time a juvenile offender remains in the custody of the
11       commissioner, the commissioner shall report to the court at least each six
12       months as to the current living arrangement and social and mental de-
13       velopment of the juvenile offender. If the juvenile offender is placed
14       outside the juvenile offender's home, a hearing shall be held not more
15       than 18 months after the juvenile offender is placed outside the juvenile
16       offender's home and every 12 months thereafter. If the juvenile offender
17       is placed in foster care, the foster parent or parents shall submit to the
18       court, at least every six months, a report in regard to the juvenile of-
19       fender's adjustment, progress and condition. The juvenile justice author-
20       ity shall notify the foster parent or parents of the foster parents' or parent's
21       duty to submit such report, on a form provided by the juvenile justice
22       authority, at least two weeks prior to the date when the report is due, and
23       the name of the judge and the address of the court to which the report
24       is to be submitted. Such report shall be confidential and shall only be
25       reviewed by the court and the child's attorney.
26             (d) The report made by foster parents and provided by the commis-
27       sioner of juvenile justice, pursuant to this section, shall be in substantially
28       the following form:
29      
REPORT FROM FOSTER PARENTS
30      
CONFIDENTIAL
31      
32      
Child's Name
Current Address
33      
34      
Parent's Name
Foster Parents
35      
36      

Primary Social Worker
37           Please circle the word which best describes the child's progress
38       1. Child's adjustment in the home
39             excellent         good         satisfactory         needs improvement
40       2. Child's interaction with foster parents and family members
41             excellent         good         satisfactory         needs improvement
42       3. Child's interaction with others
43             excellent         good         satisfactory         needs improvement

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  1       4. Child's respect for property
  2             excellent         good         satisfactory         needs improvement
  3       5. Physical and emotional condition of the child
  4             excellent         good         satisfactory         needs improvement
  5       6. Social worker's interaction with the child and foster family
  6             excellent         good         satisfactory         needs improvement
  7       7. School status of child:
8      
9      

School

Grade
10       Grades Good
Fair
Poor
11       Attendance Good
Fair
Poor
12       Behavior Good
Fair
Poor
13       8. If visitation parenting time with parents has occurred, describe the frequency of visits,
14       with whom, supervised or unsupervised, and any significant events which have occurred.
15       ___________________________________________________________________________
16       ___________________________________________________________________________
17       9. Your opinion regarding the overall adjustment, progress and condition of the child:
18       ___________________________________________________________________________
19       ___________________________________________________________________________
20       10. Do you have any special concerns or comments with regard to the child not addressed
21       by this form? Please specify. __________________________________________________
22       ___________________________________________________________________________
23       ___________________________________________________________________________
24       ___________________________________________________________________________
25       ___________________________________________________________________________
26             Sec.  26. [27.] K.S.A. 1998 Supp. 38-16,119 is hereby amended to
27       read as follows: 38-16,119. (a) A party entitled to receive child support
28       under an order issued pursuant to the Kansas juvenile justice code may
29       file with the clerk of the district court in the county in which the judgment
30       was rendered the original child support order and the original income
31       withholding order, if any. If the original child support or income with-
32       holding order is unavailable for any reason, a certified or authenticated
33       copy of the order may be substituted. The clerk of the district court shall
34       number the child support order as a case filed under chapter 60 of the
35       Kansas Statutes Annotated and enter the numbering of the case on the
36       appearance docket of the case. Registration of a child support order under
37       this section shall be without cost or docket fee.
38             (b) If the number assigned to a case under the Kansas juvenile justice
39       code appears in the caption of a document filed pursuant to this section,
40       the clerk of the district court may obliterate that number and replace it
41       with the new case number assigned pursuant to this section.
42             (c) The filing of the child support order shall constitute registration
43       under this section. Upon registration of the child support order, all mat-

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  1       ters related to that order, including but not limited to modification of the
  2       order, shall proceed under the new case number. Registration of a child
  3       support order under this section does not confer jurisdiction in the reg-
  4       istration case for custody or visitation parenting time issues.
  5             (d) The party registering a child support order shall serve a copy of
  6       the registered child support order and income withholding order, if any,
  7       upon the interested parties by first-class mail. The party registering the
  8       child support order shall file, in the official file for each child affected,
  9       either a copy of the registered order showing the new case number or a
10       statement that includes the caption, new case number and date of reg-
11       istration of the child support order.
12             (e) If the commissioner of juvenile justice is entitled to receive pay-
13       ment under an order which may be registered under this section, the
14       county or district attorney shall take the actions permitted or required in
15       subsections (a) and (d) on behalf of the commissioner, unless otherwise
16       requested by the commissioner.
17             (f) A child support order registered pursuant to this section shall have
18       the same force and effect as an original child support order entered under
19       chapter 60 of the Kansas Statutes Annotated including, but not limited
20       to:
21             (1) The registered order shall become a lien on the real estate of the
22       judgment debtor in the county from the date of registration;
23             (2) execution or other action to enforce the registered order may be
24       had from the date of registration;
25             (3) the registered order may itself be registered pursuant to any law,
26       including but not limited to the revised uniform reciprocal enforcement
27       of support act (1968);
28             (4) if any installment of support due under the registered order be-
29       comes a dormant judgment, it may be revived pursuant to K.S.A. 60-2404
30       and amendments thereto; and
31             (5) the court shall have continuing jurisdiction over the parties and
32       subject matter and, except as otherwise provided in subsection (g), may
33       modify any prior support order when a material change in circumstances
34       is shown irrespective of the present domicile of the child or parents. The
35       court may make a modification of child support retroactive to a date at
36       least one month after the date that the motion to modify was filed with
37       the court.
38             (g) If a motion to modify the child support order is filed within three
39       months after the date of registration pursuant to this section; if no motion
40       to modify the order has previously been heard and if the moving party
41       shows that the support order was based upon one or more of the pre-
42       sumptions provided in K.S.A. 38-16,117, and amendments thereto, or
43       upon a stipulation pursuant to subsection (c) of K.S.A. 38-16,117, and

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  1       amendments thereto, the court shall apply the Kansas child support
  2       guidelines adopted pursuant to K.S.A. 20-165 and amendments thereto
  3       without requiring any party to show that a material change of circum-
  4       stances has occurred, without regard to any previous presumption or stip-
  5       ulation used to determine the amount of the child support order, and
  6       irrespective of the present domicile of the child or parents. Nothing in
  7       this subsection shall prevent or limit enforcement of the support order
  8       during the three months after the date of registration.
  9             Sec.  27. [28.] K.S.A. 1998 Supp. 60-1607 is hereby amended to read
10       as follows: 60-1607. (a) Permissible orders. After a petition for divorce,
11       annulment or separate maintenance has been filed, and during the pen-
12       dency of the action prior to final judgment the judge assigned to hear the
13       action may, without requiring bond, make and enforce by attachment,
14       orders which:
15             (1) Jointly restrain the parties with regard to disposition of the prop-
16       erty of the parties and provide for the use, occupancy, management and
17       control of that property;
18             (2) restrain the parties from molesting or interfering with the privacy
19       or rights of each other;
20             (3) provide for the joint shared custody of the minor children and the
21       support, if necessary, of either party and of the minor children during the
22       pendency of the action. Within 15 days of an order of custody, both
23       parties, acting individually or in concert, shall submit a temporary par-
24       enting plan to the court. If the parties cannot agree on an appropriate
25       temporary parenting plan the judge may, or upon request of one of the
26       parties, shall order mediation. In the event a mutually agreeable parenting
27       plan cannot be agreed upon, the judge shall issue a temporary parenting
28       plan appropriate to the parties' circumstances, and consistent with the
29       best interests of the children;
30             (4) make provisions, if necessary, for the expenses of the suit, includ-
31       ing reasonable attorney's fees, that will insure to either party efficient
32       preparation for the trial of the case; or
33             (5) require an investigation by court service officers into any issue
34       arising in the action.
35             (b) Ex parte orders. Orders authorized by subsections (a)(1), (2) and
36       (3) may be entered after ex parte hearing upon compliance with rules of
37       the supreme court, but no ex parte order shall have the effect of changing
38       the custody of a minor child from the parent who has had the sole de
39       facto custody of the child to the other parent unless there is sworn tes-
40       timony to support a showing of extraordinary circumstances. If an inter-
41       locutory order is issued ex parte, the court shall hear a motion to vacate
42       or modify the order within 15 days of the date that a party requests a
43       hearing whether to vacate or modify the order. In the absence, disability,

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  1       or disqualification of the judge assigned to hear the action, any other
  2       judge of the district court may make any order authorized by this section,
  3       including vacation or modification or any order issued by the judge as-
  4       signed to hear the action.
  5             (c) Support orders. (1) An order of support obtained pursuant to this
  6       section may be enforced by an order of garnishment as provided in this
  7       section.
  8             (2) No order of garnishment shall be issued under this section unless:
  9       (A) Ten or more days have elapsed since the order of support was served
10       upon the party required to pay the support, and (B) the order of support
11       contained a notice that the order of support may be enforced by garnish-
12       ment and that the party has a right to request an opportunity for a hearing
13       to contest the issuance of an order of garnishment, if the hearing is re-
14       quested by motion filed within five days after service of the order of
15       support upon the party. If a hearing is requested, the court shall hold the
16       hearing within five days after the motion requesting the hearing is filed
17       with the court or at a later date agreed to by the parties.
18             (3) No bond shall be required for the issuance of an order of gar-
19       nishment pursuant to this section. Except as provided in this section,
20       garnishments authorized by this section shall be subject to the procedures
21       and limitations applicable to other orders of garnishment authorized by
22       law.
23             (4) A party desiring to have the order of garnishment issued shall file
24       an affidavit with the clerk of the district court stating that:
25             (A) The order of support contained the notice required by this sub-
26       section;
27             (B) ten or more days have elapsed since the order of support was
28       served upon the party required to pay the support; and
29             (C) either no hearing was requested on the issuance of an order of
30       garnishment within the five days after service of the order of support
31       upon the party required to pay the same or a hearing was requested and
32       held and the court did not prohibit the issuance of an order of garnish-
33       ment.
34             (d) Service of process. Service of process served under subsection
35       (a)(1) and (2) shall be by personal service and not by certified mail return
36       receipt requested.
37             Sec.  28. [29.] K.S.A. 1998 Supp. 60-1610 is hereby amended to read
38       as follows: 60-1610. A decree in an action under this article may include
39       orders on the following matters:
40             (a) Minor children. (1) Child support and education. The court shall
41       make provisions for the support and education of the minor children. The
42       court may modify or change any prior order, including any order issued
43       in a title IV-D case, within three years of the date of the original order

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  1       or a modification order, when a material change in circumstances is
  2       shown, irrespective of the present domicile of the child or the parents. If
  3       more than three years has passed since the date of the original order or
  4       modification order, a material change in circumstance need not be shown.
  5       The court may make a modification of child support retroactive to a date
  6       at least one month after the date that the motion to modify was filed with
  7       the court. Any increase in support ordered effective prior to the date the
  8       court's judgment is filed shall not become a lien on real property pursuant
  9       to K.S.A. 60-2202 and amendments thereto. Regardless of the type of
10       custodial arrangement ordered by the court, the court may order the child
11       support and education expenses to be paid by either or both parents for
12       any child less than 18 years of age, at which age the support shall ter-
13       minate unless: (A) The parent or parents agree, by written agreement
14       approved by the court, to pay support beyond the time the child reaches
15       18 years of age; (B) the child reaches 18 years of age before completing
16       the child's high school education in which case the support shall not ter-
17       minate automatically, unless otherwise ordered by the court, until June
18       30 of the school year during which the child became 18 years of age if
19       the child is still attending high school; or (C) the child is still a bona fide
20       high school student after June 30 of the school year during which the
21       child became 18 years of age, in which case the court, on motion, may
22       order support to continue through the school year during which the child
23       becomes 19 years of age so long as the child is a bona fide high school
24       student and the parents jointly participated or knowingly acquiesced in
25       the decision which delayed the child's completion of high school. The
26       court, in extending support pursuant to subsection (a)(1)(C), may impose
27       such conditions as are appropriate and shall set the child support utilizing
28       the guideline table category for 16-year through 18-year old children.
29       Provision for payment of support and educational expenses of a child after
30       reaching 18 years of age if still attending high school shall apply to any
31       child subject to the jurisdiction of the court, including those whose sup-
32       port was ordered prior to July 1, 1992. If an agreement approved by the
33       court prior to July 1, 1988, provides for termination of support before the
34       date provided by subsection (a)(1)(B), the court may review and modify
35       such agreement, and any order based on such agreement, to extend the
36       date for termination of support to the date provided by subsection
37       (a)(1)(B). If an agreement approved by the court prior to July 1, 1992,
38       provides for termination of support before the date provided by subsec-
39       tion (a)(1)(C), the court may review and modify such agreement, and any
40       order based on such agreement, to extend the date for termination of
41       support to the date provided by subsection (a)(1)(C). For purposes of this
42       section, "bona fide high school student" means a student who is enrolled
43       in full accordance with the policy of the accredited high school in which

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  1       the student is pursuing a high school diploma or a graduate equivalency
  2       diploma (GED). In determining the amount to be paid for child support,
  3       the court shall consider all relevant factors, without regard to marital
  4       misconduct, including the financial resources and needs of both parents,
  5       the financial resources and needs of the child and the physical and emo-
  6       tional condition of the child. Until a child reaches 18 years of age, the
  7       court may set apart any portion of property of either the husband or wife,
  8       or both, that seems necessary and proper for the support of the child.
  9       Every order requiring payment of child support under this section shall
10       require that the support be paid through the clerk of the district court or
11       the court trustee except for good cause shown. If the divorce decree of
12       the parties provides for an abatement of child support during a period of
13       time the child or children live with the nonresidential parent, the child
14       support such nonresidential parent owes for such period shall abate dur-
15       ing such period of time. If an abatement is [should not be] ordered as
16       provided by this paragraph, the burden of proof shall be on the residential
17       parent to [must] show [the court trustee or clerk] that the child or
18       children were not living with the nonresidential parent.
19             (2) Child custody and residency. (A) Changes in custody. Subject to
20       the provisions of the uniform child custody jurisdiction act (K.S.A. 38-
21       1301 et seq., and amendments thereto), the court may change or modify
22       any prior order of custody when a material change of circumstances is
23       shown, but no ex parte order shall have the effect of changing the custody
24       of a minor child from the parent who has had the sole de facto custody
25       of the child to the other parent unless there is sworn testimony to support
26       a showing of extraordinary circumstances. If an interlocutory order is
27       issued ex parte, the court shall hear a motion to vacate or modify the
28       order within 15 days of the date that a party requests a hearing whether
29       to vacate or modify the order.
30             (B) Examination of parties. The court may order physical or mental
31       examinations of the parties if requested pursuant to K.S.A. 60-235 and
32       amendments thereto.
33             (3) Child custody or residency criteria. The court shall determine
34       custody or residency of a child in accordance with the best interests of
35       the child.
36             (A) If the parties have a written agreement concerning the custody
37       or residency of their minor child, it is presumed that the agreement is in
38       the best interests of the child. This presumption may be overcome and
39       the court may make a different order if the court makes specific findings
40       of fact stating why the agreement is not in the best interests of the child.
41             (B) In determining the issue of custody or residency of a child, the
42       court shall consider all relevant factors, including but not limited to:
43             (i) The length of time that the child has been under the actual care

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  1       and control of any person other than a parent and the circumstances
  2       relating thereto;
  3             (ii) the desires of the child's parents as to custody or residency;
  4             (iii) the desires of the child as to the child's custody or residency;
  5             (iv) the interaction and interrelationship of the child with parents,
  6       siblings and any other person who may significantly affect the child's best
  7       interests;
  8             (v) the child's adjustment to the child's home, school and community;
  9             (vi) the willingness and ability of each parent to respect and appre-
10       ciate the bond between the child and the other parent and to allow for a
11       continuing relationship between the child and the other parent; and
12             (vii) evidence of spousal abuse.
13             Neither parent shall be considered to have a vested interest in the
14       custody or residency of any child as against the other parent, regardless
15       of the age of the child, and there shall be no presumption that it is in the
16       best interests of any infant or young child to give custody or residency to
17       the mother.
18             (4) Types of custodial arrangements. Subject to the provisions of this
19       article, the court may make any order relating to custodial arrangements
20       which is in the best interests of the child. The order shall include, but
21       not be limited to, one of the following, in the order of preference:
22             (A) Joint shared custody. The court may place the custody of a child
23       with both parties on a shared or joint-custody joint shared basis. In that
24       event, the parties shall have equal rights to make decisions in the best
25       interests of the child under their custody. When a child is placed in the
26       joint shared custody of the child's parents, the court may shall further
27       determine that the residency of the child shall be divided either in an
28       equal or near equal manner with regard to time of residency or on the
29       basis of a primary residency arrangement for the child. The court, in its
30       discretion, may shall require the parents to submit a plan for implemen-
31       tation of a joint shared custody order upon finding that both parents are
32       suitable parents or the parents, acting individually or in concert, may
33       submit a custody implementation plan to the court prior to issuance of a
34       custody decree. If the court does not order joint shared custody, it shall
35       include in the record the specific findings of fact upon which the order
36       for custody other than joint shared custody is based. If the parents do not
37       agree on a parenting plan, the court [may], or upon request of a parent,
38       may [shall] order mediation.
39             (B) Sole custody. The court may place the custody of a child with one
40       parent, and the other parent shall be the noncustodial parent. The cus-
41       todial parent shall have the right to make decisions in the best interests
42       of the child, subject to the visitation rights parenting time of the noncus-
43       todial parent.

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  1             (C) Divided custody. In an exceptional case, the court may divide the
  2       custody of two or more children between the parties.
  3             (D) Nonparental custody. If during the proceedings the court deter-
  4       mines that there is probable cause to believe that: (i) The child is a child
  5       in need of care as defined by subsections (a)(1), (2) or (3) of K.S.A. 38-
  6       1502 and amendments thereto; (ii) neither parent is fit to have custody;
  7       or (iii) the child is currently residing with such child's grandparent, grand-
  8       parents, aunt or uncle and such relative has had actual physical custody
  9       of such child for a significant length of time, the court may award tem-
10       porary custody of the child to such relative, another person or agency if
11       the court finds the award of custody to such relative, another person or
12       agency is in the best interests of the child. In making such a custody
13       order, the court shall give preference, to the extent that the court finds
14       it is in the best interests of the child, first to awarding such custody to a
15       relative of the child by blood, marriage or adoption and second to award-
16       ing such custody to another person with whom the child has close emo-
17       tional ties. The court may make temporary orders for care, support, ed-
18       ucation and visitation that it considers appropriate. Temporary custody
19       orders are to be entered in lieu of temporary orders provided for in K.S.A.
20       38-1542 and 38-1543, and amendments thereto, and shall remain in effect
21       until there is a final determination under the Kansas code for care of
22       children. An award of temporary custody under this paragraph shall not
23       terminate parental rights nor give the court the authority to consent to
24       the adoption of the child. When the court enters orders awarding tem-
25       porary custody of the child to an agency or a person other than the parent
26       but not a relative as described in subpart (iii), the court shall refer a
27       transcript of the proceedings to the county or district attorney. The county
28       or district attorney shall file a petition as provided in K.S.A. 38-1531 and
29       amendments thereto and may request termination of parental rights pur-
30       suant to K.S.A. 38-1581 and amendments thereto. The costs of the pro-
31       ceedings shall be paid from the general fund of the county. When a final
32       determination is made that the child is not a child in need of care, the
33       county or district attorney shall notify the court in writing and the court,
34       after a hearing, shall enter appropriate custody orders pursuant to this
35       section. If the same judge presides over both proceedings, the notice is
36       not required. Any disposition pursuant to the Kansas code for care of
37       children shall be binding and shall supersede any order under this section.
38       When the court enters orders awarding temporary custody of the child
39       to a relative as described in subpart (iii), the court shall annually review
40       the temporary custody to evaluate whether such custody is still in the best
41       interests of the child. If the court finds such custody is in the best interests
42       of the child, such custody shall continue. If the court finds such custody
43       is not in the best interests of the child, the court shall determine the

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  1       custody pursuant to this section.
  2             (b) Financial matters. (1) Division of property. The decree shall di-
  3       vide the real and personal property of the parties, including any retire-
  4       ment and pension plans, whether owned by either spouse prior to mar-
  5       riage, acquired by either spouse in the spouse's own right after marriage
  6       or acquired by the spouses' joint efforts, by: (A) a division of the property
  7       in kind; (B) awarding the property or part of the property to one of the
  8       spouses and requiring the other to pay a just and proper sum; or (C)
  9       ordering a sale of the property, under conditions prescribed by the court,
10       and dividing the proceeds of the sale. Upon request, the trial court shall
11       set a valuation date to be used for all assets at trial, which may be the
12       date of separation, filing or trial as the facts and circumstances of the case
13       may dictate. The trial court may consider evidence regarding changes in
14       value of various assets before and after the valuation date in making the
15       division of property. In dividing defined-contribution types of retirement
16       and pension plans, the court shall allocate profits and losses on the non-
17       participant's portion until date of distribution to that nonparticipant. In
18       making the division of property the court shall consider the age of the
19       parties; the duration of the marriage; the property owned by the parties;
20       their present and future earning capacities; the time, source and manner
21       of acquisition of property; family ties and obligations; the allowance of
22       maintenance or lack thereof; dissipation of assets; the tax consequences
23       of the property division upon the respective economic circumstances of
24       the parties; and such other factors as the court considers necessary to
25       make a just and reasonable division of property. The decree shall provide
26       for any changes in beneficiary designation on: (A) Any insurance or an-
27       nuity policy that is owned by the parties, or in the case of group life
28       insurance policies, under which either of the parties is a covered person;
29       (B) any trust instrument under which one party is the grantor or holds a
30       power of appointment over part or all of the trust assets, that may be
31       exercised in favor of either party; or (C) any transfer on death or payable
32       on death account under which one or both of the parties are owners or
33       beneficiaries. Nothing in this section shall relieve the parties of the ob-
34       ligation to effectuate any change in beneficiary designation by the filing
35       of such change with the insurer or issuer in accordance with the terms
36       of such policy.
37             (2) Maintenance. The decree may award to either party an allowance
38       for future support denominated as maintenance, in an amount the court
39       finds to be fair, just and equitable under all of the circumstances. The
40       decree may make the future payments modifiable or terminable under
41       circumstances prescribed in the decree. The court may make a modifi-
42       cation of maintenance retroactive to a date at least one month after the
43       date that the motion to modify was filed with the court. In any event, the

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  1       court may not award maintenance for a period of time in excess of 121
  2       months. If the original court decree reserves the power of the court to
  3       hear subsequent motions for reinstatement of maintenance and such a
  4       motion is filed prior to the expiration of the stated period of time for
  5       maintenance payments, the court shall have jurisdiction to hear a motion
  6       by the recipient of the maintenance to reinstate the maintenance pay-
  7       ments. Upon motion and hearing, the court may reinstate the payments
  8       in whole or in part for a period of time, conditioned upon any modifying
  9       or terminating circumstances prescribed by the court, but the reinstate-
10       ment shall be limited to a period of time not exceeding 121 months. The
11       recipient may file subsequent motions for reinstatement of maintenance
12       prior to the expiration of subsequent periods of time for maintenance
13       payments to be made, but no single period of reinstatement ordered by
14       the court may exceed 121 months. Maintenance may be in a lump sum,
15       in periodic payments, on a percentage of earnings or on any other basis.
16       At any time, on a hearing with reasonable notice to the party affected,
17       the court may modify the amounts or other conditions for the payment
18       of any portion of the maintenance originally awarded that has not already
19       become due, but no modification shall be made without the consent of
20       the party liable for the maintenance, if it has the effect of increasing or
21       accelerating the liability for the unpaid maintenance beyond what was
22       prescribed in the original decree. Every order requiring payment of main-
23       tenance under this section shall require that the maintenance be paid
24       through the clerk of the district court or the court trustee except for good
25       cause shown.
26             (3) Separation agreement. If the parties have entered into a separa-
27       tion agreement which the court finds to be valid, just and equitable, the
28       agreement shall be incorporated in the decree. The provisions of the
29       agreement on all matters settled by it shall be confirmed in the decree
30       except that any provisions for the custody, support or education of the
31       minor children shall be subject to the control of the court in accordance
32       with all other provisions of this article. Matters settled by an agreement
33       incorporated in the decree, other than matters pertaining to the custody,
34       support or education of the minor children, shall not be subject to sub-
35       sequent modification by the court except: (A) As prescribed by the agree-
36       ment or (B) as subsequently consented to by the parties.
37             (4) Costs and fees. Costs and attorney fees may be awarded to either
38       party as justice and equity require. The court may order that the amount
39       be paid directly to the attorney, who may enforce the order in the attor-
40       ney's name in the same case.
41             (c) Miscellaneous matters. (1) Restoration of name. Upon the request
42       of a spouse, the court shall order the restoration of that spouse's maiden
43       or former name.

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  1             (2) Effective date as to remarriage. Any marriage contracted by a
  2       party, within or outside this state, with any other person before a judg-
  3       ment of divorce becomes final shall be voidable until the decree of divorce
  4       becomes final. An agreement which waives the right of appeal from the
  5       granting of the divorce and which is incorporated into the decree or
  6       signed by the parties and filed in the case shall be effective to shorten
  7       the period of time during which the remarriage is voidable.
  8             Sec.  29. [30.] K.S.A. 60-1612 is hereby amended to read as follows:
  9       60-1612. (a) If a party fails to comply with a provision of a decree, tem-
10       porary order or injunction issued under K.S.A. 60-1601 et seq., the obli-
11       gation of the other party to make payments for support or maintenance
12       or to permit visitation parenting time is not suspended, but the other
13       party may request by motion that the court grant an appropriate order.
14             (b) Motions to modify visitation parenting time or custody in pro-
15       ceedings where support obligations are enforced under part D of title IV
16       of the federal social security act (42 USC § 651 et seq.), as amended, shall
17       be considered proceedings in connection with the administration of the
18       title IV-D program for the sole purpose of disclosing information nec-
19       essary to obtain service of process on the parent with physical custody of
20       the child.
21             Sec.  30. [31.] K.S.A. 60-1614 is hereby amended to read as follows:
22       60-1614. The court may interview the minor children in chambers to
23       assist the court in determining custody and visitation parenting time. The
24       court may permit counsel to be present at the interviews. Upon request
25       of any party, the court shall cause a record of the interview to be made
26       as part of the record in the case.
27             Sec.  31. [32.] K.S.A. 1998 Supp. 60-1616 is hereby amended to read
28       as follows: 60-1616. (a) Parents. A parent not granted custody or residency
29       of the child is entitled to reasonable visitation rights parenting time unless
30       the court finds, after a hearing, that visitation parenting time would en-
31       danger seriously the child's physical, mental, moral or emotional health.
32             (b) Grandparents and stepparents. Grandparents and stepparents
33       may be granted visitation rights.
34             (c) Modification. The court may modify an order granting or denying
35       parenting time or visitation rights whenever modification would serve the
36       best interests of the child.
37             (d) Enforcement of rights. An order granting visitation rights parent-
38       ing time to a parent pursuant to this section may be enforced in accord-
39       ance with K.S.A. 23-701, and amendments thereto.
40             (e) Repeated denial of rights, effect. Repeated unreasonable denial of
41       or interference with visitation rights parenting time granted to a parent
42       pursuant to this section may be considered a material change of circum-
43       stances which justifies modification of a prior order of child custody.

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  1             (f) Repeated child support misuse, effect. Repeated child support mis-
  2       use may be considered a material change of circumstances which justifies
  3       modification of a prior order of child custody.
  4             (g) Court ordered exchange or visitation parenting time at a child
  5       exchange and visitation parenting time center. (1) The court may order
  6       exchange or visitation parenting time to take place at a child exchange
  7       and visitation parenting time center, as established in K.S.A. 75-720 and
  8       amendments thereto.
  9             (2) A parent may petition the court to modify an order granting vis-
10       itation rights parenting time rights to require that the exchange or transfer
11       of children for visitation parenting time or visitation parenting time take
12       place at a child exchange and visitation parenting time center, as estab-
13       lished in K.S.A. 75-720 and amendments thereto. The court may modify
14       an order granting visitation rights parenting time whenever modification
15       would serve the best interests of the child.
16             Sec.  32. [33.] K.S.A. 60-1617 is hereby amended to read as follows:
17       60-1617. (a) Family counseling. Upon motion by any party or on the
18       court's own motion, the court may order at any time prior to or subse-
19       quent to the alteration of the parties' marital status that the parties and
20       any of their children be interviewed by a psychiatrist, licensed psycholo-
21       gist or other trained professional in family counseling, approved by the
22       court, for the purpose of determining whether it is in the best interests
23       of any of the parties' children that the parties and any of their children
24       have counseling with regard to matters of custody and visitation parenting
25       time. The court shall receive the written opinion of the professional, and
26       the court shall make the opinion available to counsel upon request. Coun-
27       sel may examine as a witness any professional consulted by the court
28       under this section. If the opinion of the professional is that counseling is
29       in the best interests of any of the children, the court may order the parties
30       and any of the children to obtain counseling. Neither party shall be re-
31       quired to obtain counseling pursuant to this section if the party objects
32       thereto because the counseling conflicts with sincerely held religious ten-
33       ets and practices to which any party is an adherent.
34             (b) Costs. The costs of the counseling shall be taxed to either party
35       as equity and justice require.
36             Sec.  33. [34.] K.S.A. 1998 Supp. 60-1620 is hereby amended to read
37       as follows: 60-1620. (a) Except as provided in subsection (d), a parent
38       entitled to the with custody, primary residential custody or joint shared
39       custody of a child pursuant to K.S.A. 60-1610 and amendments thereto
40       shall give written notice to the other parent not less than 21 days prior
41       to: (1) Changing the residence of the child to a place outside another state
42       or to another county within this state; or (2) removing the child from this
43       state for a period of time exceeding 90 days. Such notice shall be sent by

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  1       restricted mail, return receipt requested, to the last known address of the
  2       other parent.
  3             (b) Failure to give notice as required by subsection (a) is an indirect
  4       civil contempt punishable as provided by law. In addition, the court may
  5       assess, against the parent required to give notice, reasonable attorney fees
  6       and any other expenses incurred by the other parent by reason of the
  7       failure to give notice.
  8             (c) A change of the residence or the removal of a child to another
  9       state or removal of a child from this state for a period of time exceeding
10       90 days as described in subsection (a) may be considered a material
11       change of circumstances which justifies modification of a prior order of
12       child support or, custody or parenting time. In considering a motion al-
13       leging a material change of circumstances, the court shall consider, but
14       not be limited to consideration of, the following factors:
15             (1) Whether the change of residence or extended removal from the
16       state will adversely affect the current parenting plan such that a modifi-
17       cation of the plan or custody order is in the best interests of the child;
18             (2) whether a modified parenting plan will be adequate to address
19       the effect of the change of residency or extended removal from the state;
20             (3) whether the increased costs of transportation, if any, occasioned
21       by the change of residence or extended removal from the state justify a
22       modification of a custody order, support order, parenting plan order or
23       agreement.
24             (d) A parent entitled to the custody of a child pursuant to K.S.A. 60-
25       1610 and amendments thereto shall not be required to give the notice
26       required by this section to the other parent when the other parent has
27       been convicted of any crime specified in article 34, 35 or 36 of chapter
28       21 of the Kansas Statutes Annotated in which the child is the victim of
29       such crime.
30             Sec.  34. [35.] K.S.A. 1998 Supp. 60-1621 is hereby amended to read
31       as follows: 60-1621. (a) No postdivorce motion petitioning for a change
32       in child custody, a modification of child support or a change in visitation
33       parenting time shall be filed or docketed in the district court without
34       payment of a docket fee in the amount of $20 to the clerk of the district
35       court.
36             (b) A poverty affidavit may be filed in lieu of a docket fee as estab-
37       lished in K.S.A. 60-2001, and amendments thereto.
38             (c) The docket fee shall be the only costs assessed in each case for
39       services of the clerk of the district court and the sheriff. The docket fee
40       shall be disbursed in accordance with subsection (f) of K.S.A. 20-362, and
41       amendments thereto.
42             Sec.  35. [36.] K.S.A. 1998 Supp. 60-3106 is hereby amended to read
43       as follows: 60-3106. (a) Within 20 days of the filing of a petition under

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  1       this act a hearing shall be held at which the plaintiff must prove the
  2       allegation of abuse by a preponderance of the evidence and the defendant
  3       shall have an opportunity to present evidence on the defendant's behalf.
  4       Upon the filing of the petition, the court shall set the case for hearing.
  5       At the hearing, the court shall advise the parties of the right to be rep-
  6       resented by counsel.
  7             (b) Prior to the hearing on the petition and upon a finding of good
  8       cause shown, the court on motion of a party may enter such temporary
  9       relief orders in accordance with subsection (a)(1), (2), (4) or (5) of K.S.A.
10       60-3107 and amendments thereto, or any combination thereof, as it
11       deems necessary to protect the plaintiff or minor children from abuse.
12       Temporary orders may be granted ex parte. Immediate and present dan-
13       ger of abuse to the plaintiff or minor children shall constitute good cause
14       for purposes of this section. No temporary order shall have the effect of
15       modifying an existing custody, residency or visitation parenting time order
16       unless there is sworn testimony at a hearing to support a showing of good
17       cause.
18             (c) If a hearing under subsection (a) is continued, the court may make
19       or extend such temporary orders under subsection (b) as it deems nec-
20       essary.
21             Sec.  36. [37.] K.S.A. 1998 Supp. 60-3107 is hereby amended to read
22       as follows: 60-3107. (a) The court shall be empowered to approve any
23       consent agreement to bring about a cessation of abuse of the plaintiff or
24       minor children or grant any of the following orders:
25             (1) Restraining the parties from abusing, molesting or interfering
26       with the privacy or rights of each other or of any minor children of the
27       parties. Such order shall contain a statement that if such order is violated,
28       such violation may constitute assault as provided in K.S.A. 21-3408, and
29       amendments thereto, battery as provided in K.S.A. 21-3412, and amend-
30       ments thereto, and violation of a protective order as provided in K.S.A.
31       1998 Supp. 21-3843, and amendments thereto.
32             (2) Granting possession of the residence or household to a party to
33       the exclusion of the other party, and further restraining the party not
34       granted possession from entering or remaining upon or in such residence
35       or household, subject to the limitation of subsection (c). Such order shall
36       contain a statement that if such order is violated, such violation shall
37       constitute criminal trespass as provided in subsection (c) of K.S.A. 21-
38       3721, and amendments thereto, and violation of a protective order as
39       provided in K.S.A. 1998 Supp. 21-3843, and amendments thereto. The
40       court may grant an order, which shall expire 60 days following the date
41       of issuance, restraining the party not granted possession from cancelling
42       utility service to the residence or household.
43             (3) Requiring a party to provide suitable, alternate housing for such

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  1       party's spouse and any minor children of the parties.
  2             (4) Awarding temporary custody and residency and establishing tem-
  3       porary visitation rights parenting time with regard to minor children.
  4             (5) Ordering a law enforcement officer to evict a party from the res-
  5       idence or household.
  6             (6) Ordering support payments by a party for the support of a party's
  7       minor child or a party's spouse. Such support orders shall remain in effect
  8       until modified or dismissed by the court or until expiration and shall be
  9       for a fixed period of time not to exceed one year. On the motion of the
10       plaintiff, the court may extend the effect of such order for 12 months.
11             (7) Awarding costs and attorney fees to either party.
12             (8) Making provision for the possession of personal property of the
13       parties and ordering a law enforcement officer to assist in securing pos-
14       session of that property, if necessary.
15             (9) Requiring the person against whom the order is issued to seek
16       counseling to aid in the cessation of abuse.
17             (b)  Any order entered under the protection from abuse act shall not
18       be subject to modification on ex parte application or on motion for tem-
19       porary orders in any action filed pursuant to K.S.A. 60-1601 et seq. and
20       amendments thereto. Orders previously issued in an action filed pursuant
21       to K.S.A. 60-1601 et seq. and amendments thereto, shall be subject to
22       modification under the protection from abuse act only as to those matters
23       subject to modification by the terms of K.S.A. 60-1610 et seq. and amend-
24       ments thereto, and on sworn testimony to support a showing of good
25       cause. Immediate and present danger of abuse to the plaintiff or minor
26       children shall constitute good cause. If an action is filed pursuant to K.S.A.
27       60-1610 et seq. and amendments thereto, during the pendency of a pro-
28       ceeding filed under the protection from abuse act or while an order issued
29       under the protection from abuse act is in effect, the court, on final hearing
30       or on agreement of the parties, may issue final orders authorized by K.S.A.
31       60-1610 and amendments thereto, that are inconsistent with orders en-
32       tered under the protection from abuse act. Any inconsistent order entered
33       pursuant to this subsection shall be specific in its terms, reference the
34       protection from abuse order and parts thereof being modified and a copy
35       thereof shall be filed in both actions. The court shall consider whether
36       the actions should be consolidated in accordance with K.S.A. 60-242 and
37       amendments thereto.
38             (c) If the parties to an action under the protection from abuse act are
39       not married to each other and one party owns the residence or household,
40       the court shall not have the authority to grant possession of the residence
41       or household under subsection (a)(2) to the exclusion of the party who
42       owns it.
43             (d) Subject to the provisions of subsections (b) and (c), a protective

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  1       order or approved consent agreement shall remain in effect until modified
  2       or dismissed by the court and shall be for a fixed period of time not to
  3       exceed one year, except that, on motion of the plaintiff, such period may
  4       be extended for one additional year.
  5             (e) The court may amend its order or agreement at any time upon
  6       motion filed by either party.
  7             (f) No order or agreement under the protection from abuse act shall
  8       in any manner affect title to any real property.
  9             (g) If a person enters or remains on premises or property violating
10       an order issued pursuant to subsection (a)(2), such violation shall consti-
11       tute criminal trespass as provided in subsection (c) of K.S.A. 21-3721, and
12       amendments thereto, and violation of a protective order as provided in
13       K.S.A. 1998 Supp. 21-3843, and amendments thereto. If a person abuses,
14       molests or interferes with the privacy or rights of another violating an
15       order issued pursuant to subsection (a)(1), such violation may constitute
16       assault as provided in K.S.A. 21-3408, and amendments thereto, battery
17       as provided in K.S.A. 21-3412, and amendments thereto, and violation of
18       a protective order as provided in K.S.A. 1998 Supp. 21-3843, and amend-
19       ments thereto.
20             Sec.  37. [38.] K.S.A. 1998 Supp. 74-7334 is hereby amended to read
21       as follows: 74-7334. (a) There is hereby created in the state treasury the
22       crime victims assistance fund. All moneys credited to the fund pursuant
23       to K.S.A. 12-4117, 19-101e, 19-4707 and 20-367, and amendments
24       thereto, shall be used solely for the purpose of making grants for on-going
25       operating expenses of programs, including court-appointed special ad-
26       vocate programs, providing: (1) Temporary emergency shelter for victims
27       of child abuse and neglect; (2) counseling and assistance to those victims;
28       or (3) educational services directed at reducing the incidence of child
29       abuse and neglect and diminishing its impact on the victim. The remain-
30       der of moneys credited to the fund shall be used for the purpose of
31       supporting the operation of state agency programs which provide services
32       to the victims of crime and making grants to existing programs or to
33       establish and maintain new programs providing services to the victims of
34       crime.
35             (b) All expenditures from the crime victims assistance fund shall be
36       made in accordance with appropriations acts upon warrants of the direc-
37       tor of accounts and reports issued pursuant to vouchers approved by the
38       attorney general or by a person or persons designated by the attorney
39       general.
40             (c) The attorney general may apply for, receive and accept moneys
41       from any source for the purposes for which moneys in the crime victims
42       assistance fund may be expended. Upon receipt of any such moneys, the
43       attorney general shall remit the entire amount at least monthly to the

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  1       state treasurer, who shall deposit it in the state treasury and credit it to
  2       the crime victims assistance fund.
  3             (d) Grants made to programs with funds derived from K.S.A. 12-
  4       4117, 19-101e, 19-4707 and 20-367 and amendments thereto shall be
  5       based on the numbers of persons served by the program and shall be
  6       made only to programs aimed at preventing child abuse and neglect or
  7       providing residential services or facilities to victims of child abuse or ne-
  8       glect. In order for programs to qualify for funding under this section, they
  9       must:
10             (1) Meet the requirements of section 501(c) of the internal revenue
11       code of 1986;
12             (2) be registered and in good standing as a nonprofit corporation;
13             (3) meet normally accepted standards for nonprofit organizations;
14             (4) have trustees who represent the racial, ethnic and socioeconomic
15       diversity of the county or counties served;
16             (5) have received 50% or more of their funds from sources other than
17       funds distributed through the fund, which other sources may be public
18       or private and may include contributions of goods or services, including
19       materials, commodities, transportation, office space or other types of fa-
20       cilities or personal services;
21             (6) demonstrate ability to successfully administer programs;
22             (7) make available an independent certified audit of the previous
23       year's financial records;
24             (8) have obtained appropriate licensing or certification, or both;
25             (9) serve a significant number of residents of the county or counties
26       served;
27             (10) not unnecessarily duplicate services already adequately provided
28       to county residents; and
29             (11) agree to comply with reporting requirements of the attorney
30       general.
31             The attorney general may adopt rules and regulations establishing ad-
32       ditional standards for eligibility and accountability for grants made pur-
33       suant to this section.
34             (e) All moneys credited to the fund pursuant to K.S.A. 23-108a and
35       amendments thereto, shall be set aside to use as matching funds for meet-
36       ing any federal requirement for the purpose of establishing child
37       exchange and visitation parenting time centers as provided in K.S.A. 75-
38       720 and amendments thereto. If no federal funds are made available to
39       the state for the purpose of establishing such child exchange and visitation
40       parenting time centers, then such moneys may be used as otherwise pro-
41       vided in this section. Only those moneys credited to the fund pursuant
42       to K.S.A. 23-108a, and amendments thereto, may be used for such match-
43       ing funds. No state general fund moneys shall be used for such matching

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  1       funds.
  2             Sec.  38. [39.] K.S.A. 75-720 is hereby amended to read as follows:
  3       75-720. (a) Subject to the provisions of appropriation acts, the attorney
  4       general shall provide for child exchange and visitation parenting time
  5       centers throughout the state for victims of domestic or family violence
  6       and their children to allow court-ordered child exchange or visitation par-
  7       enting time in a manner that protects the safety of all family members.
  8       The attorney general shall coordinate and cooperate with local govern-
  9       mental agencies in providing the child exchange and visitation parenting
10       time centers.
11             (b) A child exchange and visitation parenting time center shall pro-
12       vide:
13             (1) A secure setting and specialized procedures for supervised visi-
14       tation parenting time and the exchange or transfer of children for visita-
15       tion parenting time; and
16             (2) supervision by a person trained in security and the avoidance of
17       domestic and family violence.
18             (c) A child exchange and visitation parenting time center is for chil-
19       dren who have been removed from such children's parents and placed
20       outside the home as a result of abuse or neglect or other risk of harm to
21       such children and for children whose parents are separated or divorced
22       and the children are at risk because:
23             (1) There is documented sexual, physical or emotional abuse as de-
24       termined by the court;
25             (2) there is suspected or elevated risk of sexual, physical or emotional
26       abuse, or there have been threats of parental abduction of the child;
27             (3) due to domestic violence, there is an ongoing risk of harm to a
28       parent or child;
29             (4) a parent is impaired because of substance abuse or mental illness;
30             (5) there are allegations that a child is at risk for any of the reasons
31       stated in paragraphs (1) through (4) pending an investigation; or
32             (6) other circumstances, as determined by the court, point to the
33       existence of such a risk.
34             (d) The attorney general may apply for, receive and accept moneys
35       from any source for the purposes of establishing child exchange and vis-
36       itation parenting time centers for victims of domestic violence.
37             (e) There is hereby created in the state treasury the child exchange
38       and visitation parenting time centers fund. All moneys credited to the
39       fund shall be used solely for the purpose of establishing and maintaining
40       child exchange and visitation parenting time centers for victims of do-
41       mestic violence. All expenditures from the child exchange and visitation
42       parenting time center fund shall be made in accordance with appropria-
43       tion acts upon warrants of the director of accounts and reports issued

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  1       pursuant to vouchers approved by the attorney general or by the attorney
  2       general's designee. 
  3       Sec.  39. [40.] K.S.A. 20-164, 21-3422, 21-3422a, 23-601, 23-602, 23-
  4       701, 38-1302, 38-1309, 38-1310, 38-1533, 38-1597, 60-1612, 60-1614, 60-
  5       1617 and 75-720 and K.S.A. 1998 Supp. 5-509, 20-302b, 23-9,305, 23-
  6       1001, 23-1002, 38-1121, 38-1132, 38-1138, 38-1502, 38-1502c, 38-1563,
  7       38-1569, 38-1583, [38-1591,] 38-1641, 38-1664, 38-16,119, 60-1607, 60-
  8       1610, 60-1616, 60-1620, 60-1621, 60-3106, 60-3107 and 74-7334 are
  9       hereby repealed.
10        Sec.  40. [41.] This act shall take effect and be in force from and after
11       its publication in the statute book.