As Amended by Senate Committee
Session of 1999
SENATE BILL No. 150
By Committee on Judiciary
1-27
10 AN ACT concerning domestic relations; relating to divorce and mainte-
11 nance; parenting time; custody and residency; amending K.S.A. 20-
12 164, 21-3422a, 23-601, 23-602, 23-701, 38-1302, 38-1309, 38-
13 1310, 38-1597, 60-1612, 60-1614, 60-1615 and, 60-1617 and 75-720
14 and K.S.A. 1998 Supp. 5-509, 20-302b, 23-9,305, 23-1001, 23-
15 1002, 38-1121, 38-1138, 38-1563, 38-1569, 38-1583, 38-1664,
16 38-16,119, 60-1607, 60-1610, 60-1616 and, 60-1620, 60-1621, 60-
17 3107 and 74-7334 and repealing the existing sections.
18
19 Be it enacted by the Legislature of the State of Kansas:
20 Section 1. K.S.A. 1998 Supp. 5-509 is hereby amended to read
21 as follows: 5-509. (a) The following types of cases may be accepted
22 for dispute resolution by an approved program or individual:
23 (1) Civil claims and disputes, including, but not limited to, con-
24 sumer and commercial complaints, disputes involving allegations of
25 shoplifting, disputes between neighbors, disputes between business
26 associates, disputes between landlords and tenants, disputes involv-
27 ing matters under the small claims procedure act, farmer-lender
28 disputes, and disputes within communities;
29 (2) disputes concerning child custody and visitation rights par-
30 enting time and other areas of domestic relations;
31 (3) juvenile offenses and disputes involving juveniles;
32 (4) disputes between victims and offenders, in which the victims
33 voluntarily agree to participate in mediation;
34 (5) disputes involving allegations of unlawful discrimination
35 under state or federal laws;
36 (6) disputes referred by county attorneys or district attorneys;
37 (7) disputes involving employer and employee relations under
38 K.S.A. 72-5413 through 72-5432, and amendments thereto, or K.S.A.
39 75-4321 through 75-4337, and amendments thereto; and
40 (8) disputes referred by a court, an attorney, a law enforcement
41 officer, a social service agency, a school or any other interested
42 person or agency, including the request of the parties involved.
43 (b) A case may be referred prior to the commencement of formal
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1 judicial proceedings or may be referred as a pending court case. If
2 a court refers a case, information shall be provided to the court as
3 to whether an agreement was reached and, if available, a copy of
4 the signed agreement shall be provided to the court.
5 (c) Before the dispute resolution process begins, the neutral per-
6 son conducting the process shall provide the parties with a written
7 statement setting forth the procedures to be followed.
8 Sec. 2. K.S.A. 20-164 is hereby amended to read as follows: 20-
9 164. (a) The supreme court shall establish by rule an expedited
10 judicial process which shall be used in the establishment, modifi-
11 cation and enforcement of orders of support pursuant to the Kansas
12 parentage act; K.S.A. 23-451 et seq., 39-718a, 39-755, 60-1610, and
13 amendments thereto, or K.S.A. 39-718b, and amendments thereto;
14 K.S.A. 38-1542, 38-1543 or 38-1563, and amendments thereto; or
15 K.S.A. 23-4,105 through 23-4,118 and amendments thereto; or
16 K.S.A. 23-4,125 through 23-4,137, and amendments thereto.
17 (b) The supreme court shall establish by rule an expedited ju-
18 dicial process for the enforcement of court orders granting a parent
19 visitation rights to parenting time with the parent's child.
20 Sec. 3. K.S.A. 1998 Supp. 20-302b is hereby amended to read
21 as follows: 20-302b. (a) A district magistrate judge shall have the
22 jurisdiction, power and duty, in any case in which a violation of the
23 laws of the state is charged, to conduct the trial of traffic infractions,
24 cigarette or tobacco infractions or misdemeanor charges and the
25 preliminary examination of felony charges. In civil cases, a district
26 magistrate judge shall have concurrent jurisdiction, powers and du-
27 ties with a district judge, except that, unless otherwise specifically
28 provided in subsection (b), a district magistrate judge shall not have
29 jurisdiction or cognizance over the following actions:
30 (1) Any action, other than an action seeking judgment for an
31 unsecured debt not sounding in tort and arising out of a contract
32 for the provision of goods, services or money, in which the amount
33 in controversy, exclusive of interests and costs, exceeds $10,000,
34 except that in actions of replevin, the affidavit in replevin or the
35 verified petition fixing the value of the property shall govern the
36 jurisdiction; nothing in this paragraph shall be construed as limi-
37 ting the power of a district magistrate judge to hear any action
38 pursuant to the Kansas probate code or to issue support orders as
39 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
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1 or in which an interest in real estate, either legal or equitable, is
2 sought to be established, except that nothing in this paragraph shall
3 be construed as limiting the right to bring an action for forcible
4 detainer as provided in the acts contained in article 23 of chapter
5 61 of the Kansas Statutes Annotated, and any acts amendatory
6 thereof or supplemental thereto; and nothing in this paragraph shall
7 be construed as limiting the power of a district magistrate judge to
8 hear any action pursuant to the Kansas probate code;
9 (5) actions to foreclose real estate mortgages or to establish and
10 foreclose liens on real estate as provided in the acts contained in
11 article 11 of chapter 60 of the Kansas Statutes Annotated, and any
12 acts amendatory thereof or supplemental thereto;
13 (6) actions for divorce, separate maintenance or custody of mi-
14 nor children, except that nothing in this paragraph shall be con-
15 strued as limiting the power of a district magistrate judge to: (A)
16 Hear any action pursuant to the Kansas code for care of children
17 or the Kansas juvenile justice code; (B) establish, modify or enforce
18 orders of support, including, but not limited to, orders of support
19 pursuant to the Kansas parentage act, K.S.A. 23-451 et seq., 39-718a,
20 39-718b, 39-755 or 60-1610 or K.S.A. 23-4,105 through 23-4,118,
21 23-4,125 through 23-4,137, 38-1542, 38-1543 or 38-1563, and
22 amendments thereto; or (C) enforce orders granting a parent visi-
23 tation rights to parenting time with the parent's child;
24 (7) habeas corpus;
25 (8) receiverships;
26 (9) change of name;
27 (10) declaratory judgments;
28 (11) mandamus and quo warranto;
29 (12) injunctions;
30 (13) class actions;
31 (14) rights of majority;
32 (15) actions pursuant to the protection from abuse act; and
33 (16) actions pursuant to K.S.A. 59-29a01 et seq. and amend-
34 ments thereto.
35 (b) Notwithstanding the provisions of subsection (a), in the ab-
36 sence, disability or disqualification of a district judge, a district
37 magistrate judge may:
38 (1) Grant a restraining order, as provided in K.S.A. 60-902 and
39 amendments thereto;
40 (2) appoint a receiver, as provided in K.S.A. 60-1301 and
41 amendments thereto;
42 (3) make any order authorized by K.S.A. 60-1607 and amend-
43 ments thereto; and
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1 (4) grant any order authorized by the protection from abuse
2 act.
3 (c) In accordance with the limitations and procedures pre-
4 scribed by law, and subject to any rules of the supreme court re-
5 lating thereto, any appeal permitted to be taken from an order or
6 final decision of a district magistrate judge shall be tried and de-
7 termined de novo by a district judge, except that in civil cases where
8 a record was made of the action or proceeding before the district
9 magistrate judge, the appeal shall be tried and determined on the
10 record by a district judge.
11 (d) Upon motion of a party, the administrative judge may reas-
12 sign an action from a district magistrate judge to a district judge.
13 Sec. 4. K.S.A. 21-3422a is hereby amended to read as follows:
14 21-3422a. (a) Aggravated interference with parental custody is:
15 (1) Hiring someone to commit the crime of interference with
16 parental custody, as defined by K.S.A. 21-3422 and amendments
17 thereto; or
18 (2) the commission of interference with parental custody, as de-
19 fined by K.S.A. 21-3422 and amendments thereto, by a person who:
20 (A) Has previously been convicted of the crime;
21 (B) commits the crime for hire;
22 (C) takes the child outside the state without the consent of either
23 the person having custody or the court;
24 (D) after lawfully taking the child outside the state while exer-
25 cising visitation parenting time or custody rights, refuses to return the
26 child at the expiration of the rights;
27 (E) at the expiration of visitation parenting time or custody rights
28 outside the state, refuses to return or impedes the return of the child;
29 or
30 (F) detains or conceals the child in an unknown place, whether
31 inside or outside the state.
32 (b) Aggravated interference with parental custody is a severity
33 level 7, person felony.
34 (c) This section shall be a part of and supplemental to the Kan-
35 sas criminal code.
36 Sec. 5. K.S.A. 23-601 is hereby amended to read as follows: 23-
37 601. Mediation under this section is the process by which a neutral
38 mediator appointed by the court, or by a hearing officer in a pro-
39 ceeding pursuant to K.S.A. 23-701, and amendments thereto, assists
40 the parties in reaching a mutually acceptable agreement as to issues
41 of child custody and visitation parenting time. The role of the mediator
42 is to aid the parties in identifying the issues, reducing misunder-
43 standings, clarifying priorities, exploring areas of compromise and
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1 finding points of agreement. An agreement reached by the parties
2 is to be based on the decisions of the parties and not the decisions
3 of the mediator.
4 Sec. 6. K.S.A. 23-602 is hereby amended to read as follows: 23-
5 602. (a) The court may order mediation of any contested issue of
6 child custody or visitation parenting time at any time, upon the motion
7 of a party or on the court's own motion. A hearing officer in a pro-
8 ceeding pursuant to K.S.A. 23-701 may order mediation of a con-
9 tested issue of child visitation parenting time in such a proceeding.
10 (b) If the court or hearing officer orders mediation under sub-
11 section (a), the court or hearing officer shall appoint a mediator,
12 taking into consideration the following:
13 (1) An agreement by the parties to have a specific mediator ap-
14 pointed by the court or hearing officer;
15 (2) the nature and extent of any relationships the mediator may
16 have with the parties and any personal, financial or other interests
17 the mediator may have which could result in bias or a conflict of
18 interest;
19 (3) the mediator's knowledge of (A) the Kansas judicial system
20 and the procedure used in domestic relations cases, (B) other re-
21 sources in the community to which parties can be referred for as-
22 sistance, (C) child development, (D) clinical issues relating to chil-
23 dren, (E) the effects of divorce on children and (F) the psychology
24 of families; and
25 (4) the mediator's training and experience in the process and
26 techniques of mediation.
27 Sec. 7. K.S.A. 23-701 is hereby amended to read as follows: 23-
28 701. (a) The purpose of this section is to enhance the enforcement
29 of child visitation rights parenting time granted by court order by
30 establishing an expedited procedure which is simplified enough to
31 provide justice without necessitating the assistance of legal counsel.
32 (b) If a parent has been granted visitation rights pursuant to
33 K.S.A. 38-1121 or 60-1616, and amendments thereto, and such
34 rights are denied or interfered with by the other parent, the parent
35 having visitation rights parenting time may file with the clerk of the
36 district court a motion for enforcement of such rights. Such motion
37 shall be filed on a form provided by the clerk of the court. Upon the
38 filing of the motion, the administrative judge of the district court
39 shall assign a judge of the district court or the court trustee as a
40 hearing officer to hear the motion. The hearing officer shall
41 immediately:
42 (1) Issue ex parte an order for mediation in accordance with
43 K.S.A. 23-601 et seq., and amendments thereto; or
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1 (2) set a time and place for a hearing on the motion, which shall
2 be not more than 21 days after the filing of the motion.
3 (c) If mediation ordered pursuant to subsection (b) is com-
4 pleted, the mediator shall submit a summary of the parties' under-
5 standing to the hearing officer within five days after it is signed by
6 the parties. Upon receipt of the summary, the hearing officer shall
7 enter an order in accordance with the parties' agreement or set a
8 time and place for a hearing on the matter, which shall be not more
9 than 10 days after the summary is received by the hearing officer.
10 (d) If mediation ordered pursuant to subsection (b) is termi-
11 nated pursuant to K.S.A. 23-604 and amendments thereto, the me-
12 diator shall report the termination to the hearing officer within five
13 days after the termination. Upon receipt of the report, if the hearing
14 officer is a district judge, such judge shall set the matter for hearing.
15 If the hearing officer is a district magistrate judge or a court trustee,
16 the administrative judge shall assign the matter to a district judge
17 who shall set the matter for hearing. Any such hearing shall be not
18 more than 10 days after the mediator's report of termination is re-
19 ceived by the hearing officer.
20 (e) Notice of the hearing date set by the hearing officer shall be
21 given to all interested parties by certified mail, return receipt re-
22 quested, or as the court may order.
23 (f) If, upon a hearing pursuant to subsection (b), (c) or (d), the
24 hearing officer or judge finds that visitation rights parenting time of
25 one parent have has been unreasonably denied or interfered with by
26 the other parent, the hearing officer or judge may enter an order
27 providing for one or more of the following:
28 (1) A specific visitation parenting time schedule;
29 (2) compensating visitation parenting time for the visitation par-
30 enting time denied or interfered with, which time shall be of the same
31 type (e.g., holiday, weekday, weekend, summer) as that denied or
32 interfered with and shall be at the convenience of the parent whose
33 visitation parenting time was denied or interfered with;
34 (3) the posting of a bond, either cash or with sufficient sureties,
35 conditioned upon compliance with the order granting visitation rights
36 parenting time;
37 (4) assessment of reasonable attorney fees, mediation costs and
38 costs of the proceedings to enforce visitation rights parenting time
39 against the parent who unreasonably denied or interfered with the
40 other parent's visitation rights parenting time;
41 (5) attendance of one or both parents at counseling or educa-
42 tional sessions which focus on the impact of visitation parenting time
43 disputes on children;
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1 (6) supervised visitation parenting time; or
2 (7) any other remedy which the hearing officer or judge consid-
3 ers appropriate, except that, if a hearing officer is a district mag-
4 istrate judge or court trustee, the hearing officer shall not enter any
5 order which grants, or modifies a previous order granting, child
6 support, child custody or maintenance.
7 (g) Decisions of district magistrate judges or court trustees ap-
8 pointed pursuant to this section shall be subject to review by a
9 district judge on the motion of any party filed within 10 days after
10 the order was entered.
11 (h) In no case shall final disposition of a motion filed pursuant
12 to this section take place more than 45 days after the filing of such
13 motion.
14 Sec. 8. K.S.A. 1998 Supp. 23-9,305 is hereby amended to read
15 as follows: 23-9,305. (a) When a responding tribunal of this state
16 receives a petition or comparable pleading from an initiating tri-
17 bunal or directly pursuant to subsection (c) of K.S.A. 23-9,301 and
18 amendments thereto (proceedings under this act), it shall cause the
19 petition or pleading to be filed and notify the petitioner only by
20 personal service or registered mail, return receipt requested where
21 and when it was filed.
22 (b) A responding tribunal of this state, to the extent otherwise
23 authorized by law, may do one or more of the following:
24 (1) Issue or enforce a support order, modify a child support
25 order or render a judgment to determine parentage;
26 (2) order an obligor to comply with a support order, specifying
27 the amount and the manner of compliance;
28 (3) order income withholding;
29 (4) determine the amount of any arrearages, and specify a
30 method of payment;
31 (5) enforce orders by civil or criminal contempt, or both;
32 (6) set aside property for satisfaction of the support order;
33 (7) place liens and order execution on the obligor's property;
34 (8) order an obligor to keep the tribunal informed of the obli-
35 gor's current residential address, telephone number, employer, ad-
36 dress of employment and telephone number at the place of
37 employment;
38 (9) issue a bench warrant for an obligor who has failed after
39 proper notice to appear at a hearing ordered by the tribunal and
40 enter the bench warrant in any local and state computer systems
41 for criminal warrants;
42 (10) order the obligor to seek appropriate employment by spec-
43 ified methods;
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1 (11) award reasonable attorney fees and other fees and costs;
2 and
3 (12) grant any other available remedy.
4 (c) A responding tribunal of this state shall include in a support
5 order issued under this act, or in the documents accompanying the
6 order, the calculations on which the support order is based.
7 (d) A responding tribunal of this state may not condition the
8 payment of a support order issued under this act upon compliance
9 by a party with provisions for visitation parenting time.
10 (e) If a responding tribunal of this state issues an order under
11 this act, the tribunal shall send a copy of the order to the petitioner
12 only by personal service or registered mail, return receipt requested
13 and the respondent and to the initiating tribunal, if any.
14 Sec. 9. K.S.A. 1998 Supp. 23-1001 is hereby amended to read
15 as follows: 23-1001. Case management under this act is the process
16 by which a neutral case manager appointed by the court, or by a
17 hearing officer in a proceeding pursuant to K.S.A. 23-701, and
18 amendments thereto, or through agreement by the parties, assists
19 the parties by providing a procedure, other than mediation, which
20 facilitates negotiation of a plan for child custody or visitation par-
21 enting time. In the event that the parties are unable to reach an
22 agreement, the case manager shall make recommendations to the
23 court.
24 Sec. 10. K.S.A. 1998 Supp. 23-1002 is hereby amended to read
25 as follows: 23-1002. (a) The court may order case management,
26 when appropriate, of any contested issue of child custody or visita-
27 tion parenting time at any time, upon the motion of a party or on the
28 court's own motion. A hearing officer in a proceeding pursuant to
29 K.S.A. 23-701, and amendments thereto, may order case manage-
30 ment, if appropriate, of a contested issue of child visitation parenting
31 time in such a proceeding.
32 (b) Cases in which case management is appropriate shall in-
33 clude one or more of the following circumstances:
34 (1) Private or public neutral dispute resolution services have
35 been tried and failed to resolve the disputes;
36 (2) other neutral services have been determined to be inappro-
37 priate for the family;
38 (3) repetitive conflict occurs within the family, as evidenced by
39 the parties filing at least two motions in a six-month period for en-
40 forcement, modification or change of visitation parenting time or cus-
41 tody which are denied by the court; or
42 (4) a parent exhibits diminished capacity to parent.
43 (c) If the court or hearing officer orders case management under
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1 subsection (a), the court or hearing officer shall appoint a case man-
2 ager, taking into consideration the following:
3 (1) An agreement by the parties to have a specific case manager
4 appointed by the court or hearing officer;
5 (2) the financial circumstances of the parties and the costs as-
6 sessed by the case manager;
7 (3) the case manager's knowledge of (A) the Kansas judicial sys-
8 tem and the procedure used in domestic relations cases, (B) other
9 resources in the community to which parties can be referred for
10 assistance, (C) child development, (D) clinical issues relating to
11 children, (E) the effects of divorce on children and (F) the psychol-
12 ogy of families; and
13 (4) the case manager's training and experience in the process
14 and techniques of alternative dispute resolution and case
15 management.
16 (d) To qualify as an appointed case manager, an individual
17 shall:
18 (1) Be qualified to conduct mediation;
19 (2) have experience as a mediator;
20 (3) attend a workshop, approved by the district court in which
21 the case is filed, on case management; and
22 (4) participate in continuing education regarding management
23 issues.
24 Sec. 11. K.S.A. 1998 Supp. 38-1121 is hereby amended to read
25 as follows: 38-1121. (a) The judgment or order of the court deter-
26 mining the existence or nonexistence of the parent and child rela-
27 tionship is determinative for all purposes, but if any person neces-
28 sary to determine the existence of a father and child relationship
29 for all purposes has not been joined as a party, a determination of
30 the paternity of the child shall have only the force and effect of a
31 finding of fact necessary to determine a duty of support.
32 (b) If the judgment or order of the court is at variance with the
33 child's birth certificate, the court shall order that a new birth cer-
34 tificate be issued, but only if any man named as the father on the
35 birth certificate is a party to the action.
36 (c) Upon adjudging that a party is the parent of a minor child,
37 the court shall make provision for support and education of the
38 child including the necessary medical expenses incident to the birth
39 of the child. The court may order the support and education ex-
40 penses to be paid by either or both parents for the minor child.
41 When the child reaches 18 years of age, the support shall terminate
42 unless: (1) The parent or parents agree, by written agreement ap-
43 proved by the court, to pay support beyond that time; (2) the child
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1 reaches 18 years of age before completing the child's high school
2 education in which case the support shall not automatically ter-
3 minate, unless otherwise ordered by the court, until June 30 of the
4 school year during which the child became 18 years of age if the
5 child is still attending high school; or (3) the child is still a bona
6 fide high school student after June 30 of the school year during
7 which the child became 18 years of age, in which case the court, on
8 motion, may order support to continue through the school year dur-
9 ing which the child becomes 19 years of age so long as the child is
10 a bona fide high school student and the parents jointly participated
11 or knowingly acquiesced in the decision which delayed the child's
12 completion of high school. The court, in extending support pursuant
13 to subsection (c)(3), may impose such conditions as are appropriate
14 and shall set the child support utilizing the guideline table category
15 for 16-year through 18-year old children. Provision for payment of
16 support and educational expenses of a child after reaching 18 years
17 of age if still attending high school shall apply to any child subject
18 to the jurisdiction of the court, including those whose support was
19 ordered prior to July 1, 1992. If an agreement approved by the court
20 prior to July 1, 1988, provides for termination of support before the
21 date provided by subsection (c)(2), the court may review and mod-
22 ify such agreement, and any order based on such agreement, to
23 extend the date for termination of support to the date provided by
24 subsection (c)(2). If an agreement approved by the court prior to
25 July 1, 1992, provides for termination of support before the date
26 provided by subsection (c)(3), the court may review and modify
27 such agreement, and any order based on such agreement, to extend
28 the date for termination of support to the date provided by subsec-
29 tion (c)(3). For purposes of this section, "bona fide high school stu-
30 dent" means a student who is enrolled in full accordance with the
31 policy of the accredited high school in which the student is pursuing
32 a high school diploma or a graduate equivalency diploma (GED).
33 The judgment shall specify the terms of payment and shall require
34 payment to be made through the clerk of the district court or the
35 court trustee except for good cause shown. The judgment may re-
36 quire the party to provide a bond with sureties to secure payment.
37 The court may at any time during the minority of the child modify
38 or change the order of support, including any order issued in a title
39 IV-D case, within three years of the date of the original order or a
40 modification order, as required by the best interest of the child. If
41 more than three years has passed since the date of the original order
42 or modification order, a requirement that such order is in the best
43 interest of the child need not be shown. The court may make a mod-
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1 ification of support retroactive to a date at least one month after
2 the date that the motion to modify was filed with the court. Any
3 increase in support ordered effective prior to the date the court's
4 judgment is filed shall not become a lien on real property pursuant
5 to K.S.A. 60-2202, and amendments thereto.
6 (d) If both parents are parties to the action, the court shall enter
7 such orders regarding custody and visitation parenting time as the
8 court considers to be in the best interest of the child.
9 (e) In entering an original order for support of a child under
10 this section, the court may award an additional judgment to reim-
11 burse the expenses of support and education of the child from the
12 date of birth to the date the order is entered. If the determination
13 of paternity is based upon a presumption arising under K.S.A. 38-
14 1114 and amendments thereto, the court shall award an additional
15 judgment to reimburse all or part of the expenses of support and
16 education of the child from at least the date the presumption first
17 arose to the date the order is entered, except that no additional
18 judgment need be awarded for amounts accrued under a previous
19 order for the child's support.
20 (f) In determining the amount to be paid by a parent for support
21 of the child and the period during which the duty of support is owed,
22 a court enforcing the obligation of support shall consider all rele-
23 vant facts including, but not limited to, the following:
24 (1) The needs of the child.
25 (2) The standards of living and circumstances of the parents.
26 (3) The relative financial means of the parents.
27 (4) The earning ability of the parents.
28 (5) The need and capacity of the child for education.
29 (6) The age of the child.
30 (7) The financial resources and the earning ability of the child.
31 (8) The responsibility of the parents for the support of others.
32 (9) The value of services contributed by the custodial parent.
33 (g) The provisions of K.S.A. 23-4,107, and amendments thereto,
34 shall apply to all orders of support issued under this section.
35 (h) An order granting visitation rights parenting time pursuant to
36 this section may be enforced in accordance with K.S.A. 23-701, and
37 amendments thereto.
38 Sec. 12. K.S.A. 1998 Supp. 38-1138 is hereby amended to read
39 as follows: 38-1138. (a) The state registrar of vital statistics, in con-
40 junction with the secretary of social and rehabilitation services,
41 shall review and, as needed, revise acknowledgment of paternity
42 forms for use under K.S.A. 38-1130 and 65-2409a, and amendments
43 thereto. The acknowledgment of paternity forms shall include or
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1 have attached a written description pursuant to subsection (b) of
2 the rights and responsibilities of acknowledging paternity.
3 (b) A written description of the rights and responsibilities of
4 acknowledging paternity shall state the following:
5 (1) An acknowledgment of paternity creates a permanent father
6 and child relationship which can only be ended by court order. A
7 person who wants to revoke the acknowledgment of paternity must
8 file the request with the court before the child is one year old, unless
9 the person was under age 18 when the acknowledgment of paternity
10 was signed. A person under age 18 when the acknowledgment was
11 signed has until one year after his or her 18th birthday to file a
12 request, but if the child is more than one year old then, the judge
13 will first consider the child's best interests.
14 The person will have to show that the acknowledgment was based
15 on fraud, duress (threat) or an important mistake of fact, unless the
16 request is filed within 60 days of signing the acknowledgment or
17 before any court hearing about the child, whichever is earlier;
18 (2) both the father and the mother are responsible for the care
19 and support of the child. If necessary, this duty may be enforced
20 through legal action such as a child support order, an order to pay
21 birth or other medical expenses of the child or an order to repay
22 government assistance payments for the child's care. A parent's will-
23 ful failure to support the parent's child is a crime;
24 (3) both the father and the mother have rights of custody and
25 visitation parenting time with the child unless a court order changes
26 their rights. If necessary, custody and visitation rights parenting time
27 may be spelled out in a court order and enforced;
28 (4) both the father and the mother have the right to consent to
29 medical treatment for the child unless a court order changes those
30 rights;
31 (5) the child may inherit from the father and the father's family
32 or from the mother and the mother's family. The child may receive
33 public benefits, including, but not limited to, social security or pri-
34 vate benefits, including, but not limited to, insurance or workers
35 compensation because of the father-child or mother-child
36 relationship;
37 (6) the father or the mother may be entitled to claim the child
38 as a dependent for tax or other purposes. The father or the mother
39 may inherit from the child or the child's descendants; and
40 (7) each parent has the right to sign or not sign an acknowledg-
41 ment of paternity. Each parent has the right to talk with an attorney
42 before signing an acknowledgment of paternity. Each parent has
43 the right to be represented by an attorney in any legal action in-
SB 150--Am.
13
1 volving paternity or their rights or duties as a parent. Usually each
2 person is responsible for hiring the person's own attorney.
3 (c) Any duty to disclose rights or responsibilities related to sign-
4 ing an acknowledgment of paternity shall have been met by fur-
5 nishing the written disclosures of subsection (b). Any duty to dis-
6 close orally the rights or responsibilities related to signing an
7 acknowledgment of paternity may be met by means of an audio
8 recording of the disclosures of subsection (b).
9 (d) An acknowledgment of paternity completed without the
10 written disclosures of subsection (b) is not invalid solely for that
11 reason and may create a presumption of paternity pursuant to
12 K.S.A. 38-1114 and amendments thereto. Nothing in K.S.A. 1997
13 Supp. 38-1136 through 38-1138 and amendments thereto shall de-
14 crease the validity, force or effect of an acknowledgment of pater-
15 nity executed in this state prior to the effective date of this act.
16 (e) Upon request, the state registrar of vital statistics shall pro-
17 vide a certified copy of the acknowledgment of paternity to an office
18 providing IV-D program services.
19 Sec. 13. K.S.A. 38-1302 is hereby amended to read as follows:
20 38-1302. As used in the uniform child custody jurisdiction act:
21 (a) "Contestant" means a person, including a parent, who
22 claims a right to custody or visitation rights parenting time with re-
23 spect to a child.
24 (b) "Custody determination" means a court decision and court
25 orders and instructions providing for the custody of a child, includ-
26 ing visitation rights parenting time; it does not include a decision re-
27 lating to child support or any other monetary obligation of any
28 person.
29 (c) "Custody proceeding" includes proceedings in which a cus-
30 tody determination is one of several issues, such as an action for
31 divorce or separation, and includes proceedings under the Kansas
32 code for care of children.
33 (d) "Decree" or "custody decree" means a custody determina-
34 tion contained in a judicial decree or order made in a custody pro-
35 ceeding, and includes an initial decree and a modification decree.
36 (e) "Home state" means the state in which the child immediately
37 preceding the time involved lived with the child's parents, a parent,
38 or a person acting as parent, for at least six consecutive months,
39 and in the case of a child less than six months old the state in which
40 the child lived from birth with any of the persons mentioned. Per-
41 iods of temporary absence of any of the named persons are counted
42 as part of the six-month or other period.
43 (f) "Initial decree" means the first custody decree concerning a
SB 150--Am.
14
1 particular child.
2 (g) "Modification decree" means a custody decree which mod-
3 ifies or replaces a prior decree, whether made by the court which
4 rendered the prior decree or by another court.
5 (h) "Physical custody" means actual possession and control of
6 a child.
7 (i) "Person acting as parent" means a person, other than a par-
8 ent, who has physical custody of a child and who has either been
9 awarded custody by a court or claims a right to custody.
10 (j) "State" means any state, territory, or possession of the
11 United States, the Commonwealth of Puerto Rico, and the District
12 of Columbia.
13 Sec. 14. K.S.A. 38-1309 is hereby amended to read as follows:
14 38-1309. (a) Every party in a custody proceeding in the party's first
15 pleading or in an affidavit attached to that pleading shall give in-
16 formation under oath as to the child's present address, the places
17 where the child has lived within the last five years, and the names
18 and present addresses of the persons with whom the child has lived
19 during that period. In this pleading or affidavit every party shall
20 further declare under oath whether:
21 (1) The party has participated (as a party, witness, or in any
22 other capacity) in any other litigation concerning the custody of the
23 same child in this or any other state;
24 (2) the party has information of any custody proceeding con-
25 cerning the child pending in a court of this or any other state; and
26 (3) the party knows of any person not a party to the proceedings
27 who has physical custody of the child or claims to have custody or
28 visitation rights parenting time with respect to the child.
29 (b) If the declaration as to any of the above items is in the af-
30 firmative the declarant shall give additional information under oath
31 as required by the court. The court may examine the parties under
32 oath as to details of the information furnished and as to other mat-
33 ters pertinent to the court's jurisdiction and the disposition of the
34 case.
35 (c) Each party has a continuing duty to inform the court of any
36 custody proceeding concerning the child in this or any other state
37 of which the party obtained information during this proceeding.
38 (d) Any party who submits information pursuant to this section
39 knowing the same to be false shall, upon conviction, be deemed
40 guilty of a class C nonperson misdemeanor.
41 Sec. 15. K.S.A. 38-1310 is hereby amended to read as follows:
42 38-1310. If the court learns from information furnished by the par-
43 ties pursuant to K.S.A. 38-1309 and amendments thereto or from other
SB 150--Am.
15
1 sources that a person not a party to the custody proceeding has
2 physical custody of the child or claims to have custody or visitation
3 rights parenting time with respect to the child, it shall order that
4 person to be joined as a party and to be duly notified of the pen-
5 dency of the proceeding and of such person's joinder as a party. If
6 the person joined as a party is outside this state the person shall be
7 served with process or otherwise notified in accordance with K.S.A.
8 38-1305 and amendments thereto.
9 Sec. 16. K.S.A. 1998 Supp. 38-1563 is hereby amended to read
10 as follows: 38-1563. (a) After consideration of any evidence offered
11 relating to disposition, the court may retain jurisdiction and place
12 the child in the custody of the child's parent subject to terms and
13 conditions which the court prescribes to assure the proper care and
14 protection of the child, including supervision of the child and the
15 parent by a court services officer, or may order the child and the
16 parent to participate in programs operated by the secretary or an-
17 other appropriate individual or agency. The terms and conditions
18 may require any special treatment or care which the child needs for
19 the child's physical, mental or emotional health.
20 (b) The duration of any period of supervision or other terms or
21 conditions shall be for an initial period of no more than 18 months.
22 The court, at the expiration of that period, upon a hearing and for
23 good cause shown, may make successive extensions of the supervi-
24 sion or other terms or conditions for up to 12 months at a time.
25 (c) The court may order the child and the parents of any child
26 who has been adjudged a child in need of care to attend counseling
27 sessions as the court directs. The expense of the counseling may be
28 assessed as an expense in the case. No mental health center shall
29 charge a greater fee for court-ordered counseling than the center
30 would have charged to the person receiving counseling if the person
31 had requested counseling on the person's own initiative.
32 (d) If the court finds that placing the child in the custody of a
33 parent will not assure protection from physical, mental or emo-
34 tional abuse or neglect or sexual abuse or will not be in the best
35 interests of the child, the court shall enter an order awarding cus-
36 tody of the child, until the further order of the court, to one of the
37 following:
38 (1) A relative of the child or a person with whom the child has
39 close emotional ties;
40 (2) any other suitable person;
41 (3) a shelter facility; or
42 (4) the secretary.
43 In making such a custody order, the court shall give preference,
SB 150--Am.
16
1 to the extent that the court finds it is in the best interests of the
2 child, first to granting custody to a relative of the child and second
3 to granting custody of the child to a person with whom the child
4 has close emotional ties. If the court has awarded legal custody
5 based on the finding specified by this subsection, the legal custodian
6 shall not return the child to the home of that parent without the
7 written consent of the court.
8 (e) When the custody of the child is awarded to the secretary:
9 (1) The court may recommend to the secretary where the child
10 should be placed.
11 (2) The secretary shall notify the court in writing of any place-
12 ment of the child or, within 10 days of the order awarding the cus-
13 tody of the child to the secretary, any proposed placement of the
14 child, whichever occurs first.
15 (3) The court may determine if such placement is in the best
16 interests of the child, and if the court determines that such place-
17 ment is not in the best interests of the child, the court shall notify
18 the secretary who shall then make an alternative placement subject
19 to the procedures established in this paragraph. In determining if
20 such placement is in the best interests of the child, the court, after
21 providing the parties with an opportunity to be heard, shall con-
22 sider the health and safety needs of the child and the resources
23 available to meet the needs of children in the custody of the
24 secretary.
25 (f) If custody of a child is awarded under this section to a person
26 other than the child's parent, the court may grant any individual
27 reasonable rights to visit parenting time or visitation with the child
28 upon motion of the individual and a finding that the parenting time
29 or visitation rights would be in the best interests of the child.
30 (g) If the court issues an order of custody pursuant to this sec-
31 tion, the court may enter an order restraining any alleged perpe-
32 trator of physical, sexual, mental or emotional abuse of the child
33 from residing in the child's home; visiting, contacting, harassing or
34 intimidating the child; or attempting to visit, contact, harass or in-
35 timidate the child.
36 (h) The court shall not enter an order removing a child from the
37 custody of a parent pursuant to this section unless the court first
38 finds from evidence presented by the petitioner that reasonable ef-
39 forts have been made to prevent or eliminate the need for removal
40 of the child; reintegration is not a viable alternative; or that an
41 emergency exists which threatens the safety of the child and re-
42 quires the immediate removal of the child. Reintegration may not
43 be a viable alternative when the: (1) Parent has been found by a
SB 150--Am.
17
1 court to have committed murder in the first degree, K.S.A. 21-3401
2 and amendments thereto, murder in the second degree, K.S.A. 21-
3 3402 and amendments thereto, capital murder, K.S.A. 21-3439 and
4 amendments thereto, voluntary manslaughter, K.S.A. 21-3403 and
5 amendments thereto or violated a law of another state which pro-
6 hibits such murder or manslaughter of a child; (2) parent aided or
7 abetted, attempted, conspired or solicited to commit such murder
8 or voluntary manslaughter of a child as provided in subsection
9 (h)(1); (3) parent committed a felony battery that resulted in bodily
10 injury to the child or another child; (4) parent has subjected the
11 child or another child to aggravated circumstances as defined in
12 subsection (x) of K.S.A. 38-1502, and amendments thereto; (5) pa-
13 rental rights of the parent to another child have been terminated
14 involuntarily or (6) the child has been in extended out of home
15 placement as defined in subsection (z) of K.S.A. 38-1502 and amend-
16 ments thereto. Such findings shall be included in any order entered
17 by the court.
18 (i) In addition to or in lieu of any other order authorized by this
19 section, if a child is adjudged to be a child in need of care by reason
20 of a violation of the uniform controlled substances act (K.S.A. 65-
21 4101 et seq. and amendments thereto) or K.S.A. 41-719, 41-804, 41-
22 2719, 65-4152, 65-4153, 65-4154 or 65-4155, and amendments
23 thereto, the court shall order the child to submit to and complete
24 an alcohol and drug evaluation by a community-based alcohol and
25 drug safety action program certified pursuant to K.S.A. 8-1008 and
26 amendments thereto and to pay a fee not to exceed the fee estab-
27 lished by that statute for such evaluation. If the court finds that the
28 child and those legally liable for the child's support are indigent,
29 the fee may be waived. In no event shall the fee be assessed against
30 the secretary or the department of social and rehabilitation
31 services.
32 (j) In addition to any other order authorized by this section, if
33 child support has been requested and the parent or parents have a
34 duty to support the child, the court may order one or both parents
35 to pay child support and, when custody is awarded to the secretary,
36 the court shall order one or both parents to pay child support. The
37 court shall determine, for each parent separately, whether the par-
38 ent is already subject to an order to pay support for the child. If
39 the parent is not presently ordered to pay support for any child who
40 is a ward of the court and the court has personal jurisdiction over
41 the parent, the court shall order the parent to pay child support in
42 an amount determined under K.S.A. 38-1595 and amendments
43 thereto. Except for good cause shown, the court shall issue an im-
SB 150--Am.
18
1 mediate income withholding order pursuant to K.S.A. 23-4,105 et
2 seq. and amendments thereto for each parent ordered to pay support
3 under this subsection, regardless of whether a payor has been iden-
4 tified for the parent. A parent ordered to pay child support under
5 this subsection shall be notified, at the hearing or otherwise, that
6 the child support order may be registered pursuant to K.S.A. 38-
7 1597 and amendments thereto. The parent shall also be informed
8 that, after registration, the income withholding order may be served
9 on the parent's employer without further notice to the parent and
10 the child support order may be enforced by any method allowed by
11 law. Failure to provide this notice shall not affect the validity of the
12 child support order.
13 Sec. 17. K.S.A. 1998 Supp. 38-1569 is hereby amended to read
14 as follows: 38-1569. The report made by foster parents and provided
15 by the department of social and rehabilitation services, pursuant to
16 K.S.A. 38-1565, and amendments thereto, shall be in substantially
17 the following form:
18 REPORT FROM FOSTER PARENTS
19 CONFIDENTIAL
| 20 |
|
|
| 21 | Child's Name | Current Address |
| 22 |
|
|
| 23 | Parent's Name | Foster Parents |
24
25 |
Primary Social Worker |
26 Please circle the word which best describes the child's progress
27 1. Child's adjustment in the home
28 excellent good satisfactory needs improvement
29 2. Child's interaction with foster parents and family members
30 excellent good satisfactory needs improvement
31 3. Child's interaction with others
32 excellent good satisfactory needs improvement
33 4. Child's respect for property
34 excellent good satisfactory needs improvement
35 5. Physical and emotional condition of the child
36 excellent good satisfactory needs improvement
37 6. Social worker's interaction with the child and foster family
38 excellent good satisfactory needs improvement
39 7. School status of child:
| 42 | Grades | Good
| Fair
| Poor
|
| 43 | Attendance | Good
| Fair
| Poor
|
SB 150--Am.
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2 8. If visitation parenting time with parents has occurred, describe the frequency of
3 visits, with whom, supervised or unsupervised, and any significant events which have
4 occurred.
5
6
7 9. Your opinion regarding the overall adjustment, progress and condition of the
8 child:
9
10
11 10. Do you have any special concerns or comments with regard to the child not
12 addressed by this form? Please specify.
13
14
15
16
17
18 Sec. 18. K.S.A. 1998 Supp. 38-1583 is hereby amended to read
19 as follows: 38-1583. (a) When the child has been adjudicated to be
20 a child in need of care, the court may terminate parental rights
21 when the court finds by clear and convincing evidence that the par-
22 ent is unfit by reason of conduct or condition which renders the
23 parent unable to care properly for a child and the conduct or con-
24 dition is unlikely to change in the foreseeable future.
25 (b) In making a determination hereunder the court shall con-
26 sider, but is not limited to, the following, if applicable:
27 (1) Emotional illness, mental illness, mental deficiency or phys-
28 ical disability of the parent, of such duration or nature as to render
29 the parent unlikely to care for the ongoing physical, mental and
30 emotional needs of the child;
31 (2) conduct toward a child of a physically, emotionally or sex-
32 ually cruel or abusive nature;
33 (3) excessive use of intoxicating liquors or narcotic or danger-
34 ous drugs;
35 (4) physical, mental or emotional neglect of the child;
36 (5) conviction of a felony and imprisonment;
37 (6) unexplained injury or death of another child or stepchild of
38 the parent;
39 (7) reasonable efforts by appropriate public or private child
40 caring agencies have been unable to rehabilitate the family; and
41 (8) lack of effort on the part of the parent to adjust the parent's
42 circumstances, conduct or conditions to meet the needs of the child.
43 (c) In addition to the foregoing, when a child is not in the phys-
SB 150--Am.
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1 ical custody of a parent, the court, in proceedings concerning the
2 termination of parental rights, shall also consider, but is not limited
3 to the following:
4 (1) Failure to assure care of the child in the parental home when
5 able to do so;
6 (2) failure to maintain regular visitation parenting time, contact
7 or communication with the child or with the custodian of the child;
8 (3) failure to carry out a reasonable plan approved by the court
9 directed toward the integration of the child into the parental home;
10 and
11 (4) failure to pay a reasonable portion of the cost of substitute
12 physical care and maintenance based on ability to pay.
13 In making the above determination, the court may disregard in-
14 cidental visitations, contacts, communications or contributions.
15 (d) The rights of the parents may be terminated as provided in
16 this section if the court finds that the parents have abandoned the
17 child or the child was left under such circumstances that the identity
18 of the parents is unknown and cannot be ascertained, despite dili-
19 gent searching, and the parents have not come forward to claim the
20 child within three months after the child is found.
21 (e) The existence of any one of the above standing alone may,
22 but does not necessarily, establish grounds for termination of pa-
23 rental rights. The determination shall be based on an evaluation of
24 all factors which are applicable. In considering any of the above
25 factors for terminating the rights of a parent, the court shall give
26 primary consideration to the physical, mental or emotional condi-
27 tion and needs of the child. If presented to the court and subject to
28 the provisions of K.S.A. 60-419, and amendments thereto, the court
29 shall consider as evidence testimony from a person licensed to prac-
30 tice medicine and surgery, a licensed psychologist or a licensed so-
31 cial worker expressing an opinion relating to the physical, mental
32 or emotional condition and needs of the child. The court shall con-
33 sider any such testimony only if the licensed professional providing
34 such testimony is subject to cross-examination.
35 (f) A termination of parental rights under the Kansas code for
36 care of children shall not terminate the right of the child to inherit
37 from or through the parent. Upon such termination, all the rights
38 of birth parents to such child, including their right to inherit from
39 or through such child, shall cease.
40 (g) If, after finding the parent unfit, the court determines a com-
41 pelling reason why it is not in the best interests of the child to ter-
42 minate parental rights, the court may award permanent guardian-
43 ship to an individual providing care for the child, a relative or other
SB 150--Am.
21
1 person with whom the child has a close emotional attachment. Prior
2 to awarding permanent guardianship, the court shall receive and
3 consider an assessment as provided in K.S.A. 59-2132 and amend-
4 ments thereto of any potential permanent guardian.
5 (h) If a parent is convicted of an offense as provided in subsec-
6 tion (7) of K.S.A. 38-1585 and amendments thereto or is adjudicated
7 a juvenile offender because of an act which if committed by an adult
8 would be an offense as provided in subsection (7) of K.S.A. 38-1585
9 and amendments thereto, and if the victim was the other parent of
10 a child, the court may disregard such convicted or adjudicated par-
11 ent's opinions or wishes in regard to the placement of such child.
12 Sec. 19. K.S.A. 38-1597 is hereby amended to read as follows:
13 38-1597. (a) A party entitled to receive child support under an order
14 issued pursuant to the Kansas code for care of children may file
15 with the clerk of the district court in the county in which the judg-
16 ment was rendered the original child support order and the original
17 income withholding order, if any. If the original child support or
18 income withholding order is unavailable for any reason, a certified
19 or authenticated copy of the order may be substituted. The clerk of
20 the district court shall number the child support order as a case
21 filed under chapter 60 of the Kansas Statutes Annotated and enter
22 the numbering of the case on the appearance docket of the case.
23 Registration of a child support order under this section shall be
24 without cost or docket fee.
25 (b) If the number assigned to a case under the Kansas code for
26 care of children appears in the caption of a document filed pursuant
27 to this section, the clerk of the district court may obliterate that
28 number and replace it with the new case number assigned pursuant
29 to this section.
30 (c) The filing of the child support order shall constitute regis-
31 tration under this section. Upon registration of the child support
32 order, all matters related to that order, including but not limited to
33 modification of the order, shall proceed under the new case number.
34 Registration of a child support order under this section does not
35 confer jurisdiction in the registration case for custody or visitation
36 parenting time issues.
37 (d) The party registering a child support order shall serve a
38 copy of the registered child support order and income withholding
39 order, if any, upon the interested parties by first-class mail. The
40 party registering the child support order shall file, in the privileged
41 official file for each child affected, either a copy of the registered
42 order showing the new case number or a statement that includes
43 the caption, new case number and date of registration of the child
SB 150--Am.
22
1 support order.
2 (e) If the secretary of social and rehabilitation services is enti-
3 tled to receive payment under an order which may be registered
4 under this section, the county or district attorney shall take the
5 actions permitted or required in subsections (a) and (d) on behalf
6 of the secretary, unless otherwise requested by the secretary.
7 (f) A child support order registered pursuant to this section
8 shall have the same force and effect as an original child support
9 order entered under chapter 60 of the Kansas Statutes Annotated
10 including, but not limited to:
11 (1) The registered order shall become a lien on the real estate
12 of the judgment debtor in the county from the date of registration;
13 (2) execution or other action to enforce the registered order may
14 be had from the date of registration;
15 (3) the registered order may itself be registered pursuant to any
16 law, including but not limited to the revised uniform reciprocal en-
17 forcement of support act (1968);
18 (4) if any installment of support due under the registered order
19 becomes a dormant judgment, it may be revived pursuant to K.S.A.
20 60-2404 and amendments thereto; and
21 (5) the court shall have continuing jurisdiction over the parties
22 and subject matter and, except as otherwise provided in subsection
23 (g), may modify any prior support order when a material change in
24 circumstances is shown irrespective of the present domicile of the
25 child or parents. The court may make a modification of child sup-
26 port retroactive to a date at least one month after the date that the
27 motion to modify was filed with the court.
28 (g) If a motion to modify the child support order is filed within
29 three months after the date of registration pursuant to this section;
30 if no motion to modify the order has previously been heard and if
31 the moving party shows that the support order was based upon one
32 or more of the presumptions provided in K.S.A. 38-1595 and amend-
33 ments thereto or upon a stipulation pursuant to subsection (c) of
34 K.S.A. 38-1595 and amendments thereto, the court shall apply the
35 Kansas child support guidelines adopted pursuant to K.S.A. 20-165
36 and amendments thereto without requiring any party to show that
37 a material change of circumstances has occurred, without regard to
38 any previous presumption or stipulation used to determine the
39 amount of the child support order, and irrespective of the present
40 domicile of the child or parents. Nothing in this subsection shall
41 prevent or limit enforcement of the support order during the three
42 months after the date of registration.
43 Sec. 20. K.S.A. 1998 Supp. 38-1664 is hereby amended to read
SB 150--Am.
23
1 as follows: 38-1664. (a) Prior to placing a juvenile offender in the
2 custody of the commissioner and recommending out-of-home place-
3 ment, the court shall consider and determine that, where consistent
4 with the need for protection of the community:
5 (1) Reasonable efforts have been made to prevent or eliminate
6 the need for out-of-home placement or reasonable efforts are not
7 possible due to an emergency threatening the safety of the juvenile
8 offender or the community; and
9 (2) out-of-home placement is in the best interests of the juvenile
10 offender.
11 (b) When a juvenile offender has been placed in the custody of
12 the commissioner, the commissioner shall notify the court in writing
13 of the initial placement of the juvenile offender as soon as the place-
14 ment has been accomplished. The court shall have no power to di-
15 rect a specific placement by the commissioner, but may make rec-
16 ommendations to the commissioner. The commissioner may place
17 the juvenile offender in an institution operated by the commis-
18 sioner, a youth residential facility or a community mental health
19 center. If the court has recommended an out-of-home placement,
20 the commissioner may not return the juvenile offender to the home
21 from which removed without first notifying the court of the plan.
22 (c) During the time a juvenile offender remains in the custody
23 of the commissioner, the commissioner shall report to the court at
24 least each six months as to the current living arrangement and social
25 and mental development of the juvenile offender. If the juvenile
26 offender is placed outside the juvenile offender's home, a hearing
27 shall be held not more than 18 months after the juvenile offender is
28 placed outside the juvenile offender's home and every 12 months
29 thereafter. If the juvenile offender is placed in foster care, the foster
30 parent or parents shall submit to the court, at least every six months,
31 a report in regard to the juvenile offender's adjustment, progress
32 and condition. The juvenile justice authority shall notify the foster
33 parent or parents of the foster parents' or parent's duty to submit
34 such report, on a form provided by the juvenile justice authority,
35 at least two weeks prior to the date when the report is due, and the
36 name of the judge and the address of the court to which the report
37 is to be submitted. Such report shall be confidential and shall only
38 be reviewed by the court and the child's attorney.
39 (d) The report made by foster parents and provided by the com-
40 missioner of juvenile justice, pursuant to this section, shall be in
41 substantially the following form:
SB 150--Am.
24
1 REPORT FROM FOSTER PARENTS
2 CONFIDENTIAL
| 3 |
|
|
| 4 | Child's Name | Current Address |
| 5 |
|
|
| 6 | Parent's Name | Foster Parents |
7
8 |
Primary Social Worker |
9 Please circle the word which best describes the child's progress
10 1. Child's adjustment in the home
11 excellent good satisfactory needs improvement
12 2. Child's interaction with foster parents and family members
13 excellent good satisfactory needs improvement
14 3. Child's interaction with others
15 excellent good satisfactory needs improvement
16 4. Child's respect for property
17 excellent good satisfactory needs improvement
18 5. Physical and emotional condition of the child
19 excellent good satisfactory needs improvement
20 6. Social worker's interaction with the child and foster family
21 excellent good satisfactory needs improvement
22 7. School status of child:
| 25 | Grades | Good
| Fair
| Poor
|
| 26 | Attendance | Good
| Fair
| Poor
|
| 27 | Behavior | Good
| Fair
| Poor
|
28 8. If visitation parenting time with parents has occurred, describe the frequency of
29 visits, with whom, supervised or unsupervised, and any significant events which have
30 occurred.
31
32
33 9. Your opinion regarding the overall adjustment, progress and condition of the
34 child:
35
36
37 10. Do you have any special concerns or comments with regard to the child not
38 addressed by this form? Please specify.
39
40
41
42
43
SB 150--Am.
25
1 Sec. 21. K.S.A. 1998 Supp. 38-16,119 is hereby amended to
2 read as follows: 38-16,119. (a) A party entitled to receive child sup-
3 port under an order issued pursuant to the Kansas juvenile justice
4 code may file with the clerk of the district court in the county in
5 which the judgment was rendered the original child support order
6 and the original income withholding order, if any. If the original
7 child support or income withholding order is unavailable for any
8 reason, a certified or authenticated copy of the order may be sub-
9 stituted. The clerk of the district court shall number the child sup-
10 port order as a case filed under chapter 60 of the Kansas Statutes
11 Annotated and enter the numbering of the case on the appearance
12 docket of the case. Registration of a child support order under this
13 section shall be without cost or docket fee.
14 (b) If the number assigned to a case under the Kansas juvenile
15 justice code appears in the caption of a document filed pursuant to
16 this section, the clerk of the district court may obliterate that num-
17 ber and replace it with the new case number assigned pursuant to
18 this section.
19 (c) The filing of the child support order shall constitute regis-
20 tration under this section. Upon registration of the child support
21 order, all matters related to that order, including but not limited to
22 modification of the order, shall proceed under the new case number.
23 Registration of a child support order under this section does not
24 confer jurisdiction in the registration case for custody or visitation
25 parenting time issues.
26 (d) The party registering a child support order shall serve a
27 copy of the registered child support order and income withholding
28 order, if any, upon the interested parties by first-class mail. The
29 party registering the child support order shall file, in the official
30 file for each child affected, either a copy of the registered order
31 showing the new case number or a statement that includes the cap-
32 tion, new case number and date of registration of the child support
33 order.
34 (e) If the commissioner of juvenile justice is entitled to receive
35 payment under an order which may be registered under this section,
36 the county or district attorney shall take the actions permitted or
37 required in subsections (a) and (d) on behalf of the commissioner,
38 unless otherwise requested by the commissioner.
39 (f) A child support order registered pursuant to this section
40 shall have the same force and effect as an original child support
41 order entered under chapter 60 of the Kansas Statutes Annotated
42 including, but not limited to:
43 (1) The registered order shall become a lien on the real estate
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1 of the judgment debtor in the county from the date of registration;
2 (2) execution or other action to enforce the registered order may
3 be had from the date of registration;
4 (3) the registered order may itself be registered pursuant to any
5 law, including but not limited to the revised uniform reciprocal en-
6 forcement of support act (1968);
7 (4) if any installment of support due under the registered order
8 becomes a dormant judgment, it may be revived pursuant to K.S.A.
9 60-2404 and amendments thereto; and
10 (5) the court shall have continuing jurisdiction over the parties
11 and subject matter and, except as otherwise provided in subsection
12 (g), may modify any prior support order when a material change in
13 circumstances is shown irrespective of the present domicile of the
14 child or parents. The court may make a modification of child sup-
15 port retroactive to a date at least one month after the date that the
16 motion to modify was filed with the court.
17 (g) If a motion to modify the child support order is filed within
18 three months after the date of registration pursuant to this section;
19 if no motion to modify the order has previously been heard and if
20 the moving party shows that the support order was based upon one
21 or more of the presumptions provided in K.S.A. 38-16,117, and
22 amendments thereto, or upon a stipulation pursuant to subsection
23 (c) of K.S.A. 38-16,117, and amendments thereto, the court shall
24 apply the Kansas child support guidelines adopted pursuant to
25 K.S.A. 20-165 and amendments thereto without requiring any party
26 to show that a material change of circumstances has occurred, with-
27 out regard to any previous presumption or stipulation used to de-
28 termine the amount of the child support order, and irrespective of
29 the present domicile of the child or parents. Nothing in this subsec-
30 tion shall prevent or limit enforcement of the support order during
31 the three months after the date of registration.
32 Section 1. Sec. 22. K.S.A. 1998 Supp. 60-1607 is hereby amended
33 to read as follows: 60-1607. (a) Permissible orders. After a petition for
34 divorce, annulment or separate maintenance has been filed, and during
35 the pendency of the action prior to final judgment the judge assigned to
36 hear the action may, without requiring bond, make and enforce by at-
37 tachment, orders which:
38 (1) Jointly restrain the parties with regard to disposition of the prop-
39 erty of the parties and provide for the use, occupancy, management and
40 control of that property;
41 (2) restrain the parties from molesting or interfering with the privacy
42 or rights of each other;
43 (3) provide for the legal custody and residency of the minor children
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1 and the support, if necessary, of either party and of the minor children
2 during the pendency of the action;
3 (4) make provisions, if necessary, for the expenses of the suit, includ-
4 ing reasonable attorney's fees, that will insure to either party efficient
5 preparation for the trial of the case; or
6 (5) require an investigation by court service officers into any issue
7 arising in the action.
8 (b) Ex parte orders. Orders authorized by subsections (a)(1), (2) and
9 (3) may be entered after ex parte hearing upon compliance with rules of
10 the supreme court, but no ex parte order shall have the effect of changing
11 the custody residency of a minor child from the parent who has had the
12 sole de facto custody residency of the child to the other parent unless
13 there is sworn testimony to support a showing of extraordinary circum-
14 stances. If an interlocutory order is issued ex parte, the court shall hear
15 a motion to vacate or modify the order within 15 days of the date that a
16 party requests a hearing whether to vacate or modify the order. In the
17 absence, disability, or disqualification of the judge assigned to hear the
18 action, any other judge of the district court may make any order author-
19 ized by this section, including vacation or modification or any order issued
20 by the judge assigned to hear the action.
21 (c) Support orders. (1) An order of support obtained pursuant to this
22 section may be enforced by an order of garnishment as provided in this
23 section.
24 (2) No order of garnishment shall be issued under this section unless:
25 (A) Ten or more days have elapsed since the order of support was served
26 upon the party required to pay the support, and (B) the order of support
27 contained a notice that the order of support may be enforced by garnish-
28 ment and that the party has a right to request an opportunity for a hearing
29 to contest the issuance of an order of garnishment, if the hearing is re-
30 quested by motion filed within five days after service of the order of
31 support upon the party. If a hearing is requested, the court shall hold the
32 hearing within five days after the motion requesting the hearing is filed
33 with the court or at a later date agreed to by the parties.
34 (3) No bond shall be required for the issuance of an order of gar-
35 nishment pursuant to this section. Except as provided in this section,
36 garnishments authorized by this section shall be subject to the procedures
37 and limitations applicable to other orders of garnishment authorized by
38 law.
39 (4) A party desiring to have the order of garnishment issued shall file
40 an affidavit with the clerk of the district court stating that:
41 (A) The order of support contained the notice required by this sub-
42 section;
43 (B) ten or more days have elapsed since the order of support was
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1 served upon the party required to pay the support; and
2 (C) either no hearing was requested on the issuance of an order of
3 garnishment within the five days after service of the order of support
4 upon the party required to pay the same or a hearing was requested and
5 held and the court did not prohibit the issuance of an order of garnish-
6 ment.
7 (d) Service of process. Service of process served under subsection
8 (a)(1) and (2) shall be by personal service and not by certified mail return
9 receipt requested.
10 Sec. 2. 23. K.S.A. 1998 Supp. 60-1610 is hereby amended to read as
11 follows: 60-1610. A decree in an action under this article may include
12 orders on the following matters:
13 (a) Minor children. (1) Child support and education. The court shall
14 make provisions for the support and education of the minor children. The
15 court may modify or change any prior order, including any order issued
16 in a title IV-D case, within three years of the date of the original order
17 or a modification order, when a material change in circumstances is
18 shown, irrespective of the present domicile of the child or the parents. If
19 more than three years has passed since the date of the original order or
20 modification order, a material change in circumstance need not be shown.
21 The court may make a modification of child support retroactive to a date
22 at least one month after the date that the motion to modify was filed with
23 the court. Any increase in support ordered effective prior to the date the
24 court's judgment is filed shall not become a lien on real property pursuant
25 to K.S.A. 60-2202 and amendments thereto. Regardless of the type of
26 custodial or residential arrangement ordered by the court, the court may
27 order the child support and education expenses to be paid by either or
28 both parents for any child less than 18 years of age, at which age the
29 support shall terminate unless: (A) The parent or parents agree, by written
30 agreement approved by the court, to pay support beyond the time the
31 child reaches 18 years of age; (B) the child reaches 18 years of age before
32 completing the child's high school education in which case the support
33 shall not terminate automatically, unless otherwise ordered by the court,
34 until June 30 of the school year during which the child became 18 years
35 of age if the child is still attending high school; or (C) the child is still a
36 bona fide high school student after June 30 of the school year during
37 which the child became 18 years of age, in which case the court, on
38 motion, may order support to continue through the school year during
39 which the child becomes 19 years of age so long as the child is a bona
40 fide high school student and the parents jointly participated or knowingly
41 acquiesced in the decision which delayed the child's completion of high
42 school. The court, in extending support pursuant to subsection (a)(1)(C),
43 may impose such conditions as are appropriate and shall set the child
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1 support utilizing the guideline table category for 16-year through 18-year
2 old children. Provision for payment of support and educational expenses
3 of a child after reaching 18 years of age if still attending high school shall
4 apply to any child subject to the jurisdiction of the court, including those
5 whose support was ordered prior to July 1, 1992. If an agreement ap-
6 proved by the court prior to July 1, 1988, provides for termination of
7 support before the date provided by subsection (a)(1)(B), the court may
8 review and modify such agreement, and any order based on such agree-
9 ment, to extend the date for termination of support to the date provided
10 by subsection (a)(1)(B). If an agreement approved by the court prior to
11 July 1, 1992, provides for termination of support before the date provided
12 by subsection (a)(1)(C), the court may review and modify such agreement,
13 and any order based on such agreement, to extend the date for termi-
14 nation of support to the date provided by subsection (a)(1)(C). For pur-
15 poses of this section, "bona fide high school student" means a student
16 who is enrolled in full accordance with the policy of the accredited high
17 school in which the student is pursuing a high school diploma or a grad-
18 uate equivalency diploma (GED). In determining the amount to be paid
19 for child support, the court shall consider all relevant factors, without
20 regard to marital misconduct, including the financial resources and needs
21 of both parents, the financial resources and needs of the child and the
22 physical and emotional condition of the child. Until a child reaches 18
23 years of age, the court may set apart any portion of property of either the
24 husband or wife, or both, that seems necessary and proper for the support
25 of the child. Every order requiring payment of child support under this
26 section shall require that the support be paid through the clerk of the
27 district court or the court trustee except for good cause shown.
28 (2) Child custody and residency. (A) Changes in legal custody or res-
29 idency. Subject to the provisions of the uniform child custody jurisdiction
30 act (K.S.A. 38-1301 et seq., and amendments thereto), the court may
31 change or modify any prior order of legal custody or residency when a
32 material change of circumstances is shown, but no ex parte order shall
33 have the effect of changing the custody of a minor child from the parent
34 who has had the sole de facto custody of the child to the other parent
35 unless there is sworn testimony to support a showing of extraordinary
36 circumstances. If an interlocutory order is issued ex parte, the court shall
37 hear a motion to vacate or modify the order within 15 days of the date
38 that a party requests a hearing whether to vacate or modify the order.
39 (B) Examination of parties. The court may order physical or mental
40 examinations of the parties if requested pursuant to K.S.A. 60-235 and
41 amendments thereto.
42 (3) Child custody or residency criteria. The court shall determine
43 legal custody or residency of a child in accordance with the best interests
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1 of the child.
2 (A) If the parties have a written agreement concerning the legal cus-
3 tody or residency of their minor child, it is presumed that the agreement
4 is in the best interests of the child. This presumption may be overcome
5 and the court may make a different order if the court makes specific
6 findings of fact stating why the agreement is not in the best interests of
7 the child.
8 (B) In determining the issue of legal custody or residency of a child,
9 the court shall consider all relevant factors, including but not limited to:
10 (i) The length of time that the child has been under the actual care
11 and control of any person other than a parent and the circumstances
12 relating thereto;
13 (ii) the desires of the child's parents as to legal custody or residency;
14 (iii) the desires of the child as to the child's legal custody or residency;
15 (iv) the interaction and interrelationship of the child with parents,
16 siblings and any other person who may significantly affect the child's best
17 interests;
18 (v) the child's adjustment to the child's home, school and community;
19 (vi) the willingness and ability of each parent to respect and appre-
20 ciate the bond between the child and the other parent and to allow for a
21 continuing relationship between the child and the other parent; and
22 (vii) evidence of spousal abuse.
23 Neither parent shall be considered to have a vested interest in the legal
24 custody or residency of any child as against the other parent, regardless
25 of the age of the child, and there shall be no presumption that it is in the
26 best interests of any infant or young child to give legal custody or resi-
27 dency to the mother.
28 (4) Types of legal custodial arrangements. Subject to the provisions
29 of this article, the court may make any order relating to custodial arrange-
30 ments which is in the best interests of the child. The order shall include,
31 but not be limited to, provide one of the following legal custody arrange-
32 ments, in the order of preference:
33 (A) Joint legal custody. The court may place order the joint legal
34 custody of a child with both parties on a shared or joint-custody basis. In
35 that event, the parties shall have equal rights to make decisions in the
36 best interests of the child under their custody. When a child is placed in
37 the joint custody of the child's parents, the court may further determine
38 that the residency of the child shall be divided either in an equal manner
39 with regard to time of residency or on the basis of a primary residency
40 arrangement for the child. The court, in its discretion, may require the
41 parents to submit a plan for implementation of a joint custody order upon
42 finding that both parents are suitable parents or the parents, acting in-
43 dividually or in concert, may submit a custody implementation plan to
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1 the court prior to issuance of a custody decree. If the court does not order
2 joint custody, it shall include in the record the specific findings of fact
3 upon which the order for custody other than joint custody is based.
4 (B) Sole legal custody. The court may place order the sole legal cus-
5 tody of a child with one parent, and the other parent shall be the non-
6 custodial parent. The custodial parent shall have the right to make deci-
7 sions in the best interests of the child, subject to the visitation rights of
8 the noncustodial parent. of the parties when the court finds that it is not
9 in the best interests of the child that both of the parties have equal rights
10 to make decisions pertaining to the child. If the court does not order joint
11 legal custody, the court shall include in the record specific findings of fact
12 upon which the order for sole legal custody is based.
13 (5) Types of residential arrangements. After making a determination
14 of the legal custodial arrangements, the court shall determine the resi-
15 dency of the child from the following options which arrangement the court
16 must find to be in the best interests of the child. The court, in its discretion,
17 may require the parties to submit a plan for implementation of a residency
18 order or the parties, acting individually or in concert, may submit a res-
19 idency implementation plan to the court prior to issuance of a residency
20 decree:
21 (A) Primary residency. The court may order primary residency of a
22 child with one party and with the other party having visitation parenting
23 time.
24 (B) Shared residency. The court may order a shared residency ar-
25 rangement in which the parties share the residency of a child on an equal
26 or nearly equal amount of time and the parties share the direct expenses
27 of the child on an equal or nearly equal basis.
28 (C) Divided custody residency. In an exceptional case, the court may
29 divide the custody of two or more children between the parties order a
30 residential arrangement in which one or more children reside with each
31 of the parties and have visitation parenting time with the other.
32 (D) Nonparental custody residency. If during the proceedings the
33 court determines that there is probable cause to believe that: (i) the child
34 is a child in need of care as defined by subsections (a)(1), (2) or (3) of
35 K.S.A. 38-1502 and amendments thereto; (ii) or that neither parent is fit
36 to have custody; or (iii) the child is currently residing with such child's
37 grandparent, grandparents, aunt or uncle and such relative has had actual
38 physical custody of such child for a significant length of time residency,
39 the court may award temporary custody residency of the child to such
40 relative, another person or agency if the court finds the award of custody
41 residency to such relative, another person or agency is in the best interests
42 of the child. In making such a custody residency order, the court shall
43 give preference, to the extent that the court finds it is in the best interests
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1 of the child, first to awarding such custody residency to a relative of the
2 child by blood, marriage or adoption and second to awarding such custody
3 residency to another person with whom the child has close emotional ties.
4 The court may make temporary orders for care, support, education and
5 visitation that it considers appropriate. Temporary custody residency or-
6 ders are to be entered in lieu of temporary orders provided for in K.S.A.
7 38-1542 and 38-1543, and amendments thereto, and shall remain in effect
8 until there is a final determination under the Kansas code for care of
9 children. An award of temporary custody residency under this paragraph
10 shall not terminate parental rights nor give the court the authority to
11 consent to the adoption of the child. When the court enters orders award-
12 ing temporary custody residency of the child to an agency or a person
13 other than the parent but not a relative as described in subpart (iii), the
14 court shall refer a transcript of the proceedings to the county or district
15 attorney. The county or district attorney shall file a petition as provided
16 in K.S.A. 38-1531 and amendments thereto and may request termination
17 of parental rights pursuant to K.S.A. 38-1581 and amendments thereto.
18 The costs of the proceedings shall be paid from the general fund of the
19 county. When a final determination is made that the child is not a child
20 in need of care, the county or district attorney shall notify the court in
21 writing and the court, after a hearing, shall enter appropriate custody
22 residency orders pursuant to this section. If the same judge presides over
23 both proceedings, the notice is not required. Any disposition pursuant to
24 the Kansas code for care of children shall be binding and shall supersede
25 any order under this section. When the court enters orders awarding
26 temporary custody of the child to a relative as described in subpart (iii),
27 the court shall annually review the temporary custody to evaluate whether
28 such custody is still in the best interests of the child. If the court finds
29 such custody is in the best interests of the child, such custody shall con-
30 tinue. If the court finds such custody is not in the best interests of the
31 child, the court shall determine the custody pursuant to this section.
32 (b) Financial matters. (1) Division of property. The decree shall di-
33 vide the real and personal property of the parties, including any retire-
34 ment and pension plans, whether owned by either spouse prior to mar-
35 riage, acquired by either spouse in the spouse's own right after marriage
36 or acquired by the spouses' joint efforts, by: (A) a division of the property
37 in kind; (B) awarding the property or part of the property to one of the
38 spouses and requiring the other to pay a just and proper sum; or (C)
39 ordering a sale of the property, under conditions prescribed by the court,
40 and dividing the proceeds of the sale. Upon request, the trial court shall
41 set a valuation date to be used for all assets at trial, which may be the
42 date of separation, filing or trial as the facts and circumstances of the case
43 may dictate. The trial court may consider evidence regarding changes in
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1 value of various assets before and after the valuation date in making the
2 division of property. In dividing defined-contribution types of retirement
3 and pension plans, the court shall allocate profits and losses on the non-
4 participant's portion until date of distribution to that nonparticipant. In
5 making the division of property the court shall consider the age of the
6 parties; the duration of the marriage; the property owned by the parties;
7 their present and future earning capacities; the time, source and manner
8 of acquisition of property; family ties and obligations; the allowance of
9 maintenance or lack thereof; dissipation of assets; the tax consequences
10 of the property division upon the respective economic circumstances of
11 the parties; and such other factors as the court considers necessary to
12 make a just and reasonable division of property. The decree shall provide
13 for any changes in beneficiary designation on: (A) Any insurance or an-
14 nuity policy that is owned by the parties, or in the case of group life
15 insurance policies, under which either of the parties is a covered person;
16 (B) any trust instrument under which one party is the grantor or holds a
17 power of appointment over part or all of the trust assets, that may be
18 exercised in favor of either party; or (C) any transfer on death or payable
19 on death account under which one or both of the parties are owners or
20 beneficiaries. Nothing in this section shall relieve the parties of the ob-
21 ligation to effectuate any change in beneficiary designation by the filing
22 of such change with the insurer or issuer in accordance with the terms
23 of such policy.
24 (2) Maintenance. The decree may award to either party an allowance
25 for future support denominated as maintenance, in an amount the court
26 finds to be fair, just and equitable under all of the circumstances. The
27 decree may make the future payments modifiable or terminable under
28 circumstances prescribed in the decree. The court may make a modifi-
29 cation of maintenance retroactive to a date at least one month after the
30 date that the motion to modify was filed with the court. In any event, the
31 court may not award maintenance for a period of time in excess of 121
32 months. If the original court decree reserves the power of the court to
33 hear subsequent motions for reinstatement of maintenance and such a
34 motion is filed prior to the expiration of the stated period of time for
35 maintenance payments, the court shall have jurisdiction to hear a motion
36 by the recipient of the maintenance to reinstate the maintenance pay-
37 ments. Upon motion and hearing, the court may reinstate the payments
38 in whole or in part for a period of time, conditioned upon any modifying
39 or terminating circumstances prescribed by the court, but the reinstate-
40 ment shall be limited to a period of time not exceeding 121 months. The
41 recipient may file subsequent motions for reinstatement of maintenance
42 prior to the expiration of subsequent periods of time for maintenance
43 payments to be made, but no single period of reinstatement ordered by
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1 the court may exceed 121 months. Maintenance may be in a lump sum,
2 in periodic payments, on a percentage of earnings or on any other basis.
3 At any time, on a hearing with reasonable notice to the party affected,
4 the court may modify the amounts or other conditions for the payment
5 of any portion of the maintenance originally awarded that has not already
6 become due, but no modification shall be made without the consent of
7 the party liable for the maintenance, if it has the effect of increasing or
8 accelerating the liability for the unpaid maintenance beyond what was
9 prescribed in the original decree. Every order requiring payment of main-
10 tenance under this section shall require that the maintenance be paid
11 through the clerk of the district court or the court trustee except for good
12 cause shown.
13 (3) Separation agreement. If the parties have entered into a separa-
14 tion agreement which the court finds to be valid, just and equitable, the
15 agreement shall be incorporated in the decree. The provisions of the
16 agreement on all matters settled by it shall be confirmed in the decree
17 except that any provisions for the legal custody residency, support or
18 education of the minor children shall be subject to the control of the
19 court in accordance with all other provisions of this article. Matters settled
20 by an agreement incorporated in the decree, other than matters pertain-
21 ing to the legal custody, residency, support or education of the minor
22 children, shall not be subject to subsequent modification by the court
23 except: (A) As prescribed by the agreement or (B) as subsequently con-
24 sented to by the parties.
25 (4) Costs and fees. Costs and attorney fees may be awarded to either
26 party as justice and equity require. The court may order that the amount
27 be paid directly to the attorney, who may enforce the order in the attor-
28 ney's name in the same case.
29 (c) Miscellaneous matters. (1) Restoration of name. Upon the request
30 of a spouse, the court shall order the restoration of that spouse's maiden
31 or former name.
32 (2) Effective date as to remarriage. Any marriage contracted by a
33 party, within or outside this state, with any other person before a judg-
34 ment of divorce becomes final shall be voidable until the decree of divorce
35 becomes final. An agreement which waives the right of appeal from the
36 granting of the divorce and which is incorporated into the decree or
37 signed by the parties and filed in the case shall be effective to shorten
38 the period of time during which the remarriage is voidable.
39 Sec. 3. 24. K.S.A. 60-1612 is hereby amended to read as follows: 60-
40 1612. (a) If a party fails to comply with a provision of a decree, temporary
41 order or injunction issued under K.S.A. 60-1601 et seq., and amendments
42 thereto, the obligation of the other party to make payments for support
43 or maintenance or to permit visitation parenting time is not suspended,
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1 but the other party may request by motion that the court grant an ap-
2 propriate order.
3 (b) Motions to modify visitation parenting time or, legal custody or
4 residency in proceedings where support obligations are enforced under
5 part D of title IV of the federal social security act (42 USC § 651 et seq.),
6 as amended, shall be considered proceedings in connection with the ad-
7 ministration of the title IV-D program for the sole purpose of disclosing
8 information necessary to obtain service of process on the parent with
9 physical custody of the child.
10 Sec. 4. 25. K.S.A. 60-1614 is hereby amended to read as follows: 60-
11 1614. The court may interview the minor children in chambers to assist
12 the court in determining legal custody, residency and visitation parenting
13 time. The court may permit counsel to be present at the interviews. Upon
14 request of any party, the court shall cause a record of the interview to be
15 made as part of the record in the case.
16 Sec. 5. 26. K.S.A. 60-1615 is hereby amended to read as follows: 60-
17 1615. (a) Investigation and report. In contested legal custody or residency
18 proceedings, the court may order an investigation and report concerning
19 custodial or residential arrangements for the child. The investigation and
20 report may be made by court services officers or any consenting person
21 or agency employed by the court for that purpose. The court may use the
22 department of social and rehabilitation services to make the investigation
23 and report if no other source is available for that purpose. The costs for
24 making the investigation and report may be assessed as court costs in the
25 case as provided in article 20 of chapter 60 of the Kansas Statutes An-
26 notated, and amendments thereto.
27 (b) Consultation. In preparing the report concerning a child, the in-
28 vestigator may consult any person who may have information about the
29 child and the potential custodial or residential arrangements. Upon order
30 of the court, the investigator may refer the child to professional personnel
31 for diagnosis. The investigator may consult with and obtain information
32 from medical, psychiatric or other expert persons who have served the
33 child in the past. If the requirements of subsection (c) are fulfilled, the
34 investigator's report may be received in evidence at the hearing.
35 (c) Use of report and investigator's testimony. The court shall make
36 the investigator's report available prior to the hearing to counsel or to any
37 party not represented by counsel. Any party to the proceeding may call
38 the investigator and any person whom the investigator has consulted for
39 cross-examination. In consideration of the mental health or best interests
40 of the child, the court may approve a stipulation that the interview records
41 not be divulged to the parties.
42 Sec. 6. 27. K.S.A. 1998 Supp. 60-1616 is hereby amended to read as
43 follows: 60-1616. (a) Parents. A parent not granted custody or primary
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1 residency of the child is entitled to reasonable visitation rights parenting
2 time unless the court finds, after a hearing, that visitation parenting time
3 would endanger seriously the child's physical, mental, moral or emotional
4 health.
5 (b) Grandparents and stepparents. Grandparents and stepparents
6 may be granted visitation rights.
7 (c) Modification. The court may modify an order granting or denying
8 parenting time or visitation rights whenever modification would serve
9 the best interests of the child.
10 (d) Enforcement of rights. An order granting visitation rights par-
11 enting time to a parent pursuant to this section may be enforced in
12 accordance with K.S.A. 23-701, and amendments thereto.
13 (e) Repeated denial of rights, effect. Repeated unreasonable denial of
14 or interference with visitation rights parenting time granted to a parent
15 pursuant to this section may be considered a material change of circum-
16 stances which justifies modification of a prior order of child legal custody
17 or residency.
18 (f) Repeated child support misuse, effect. Repeated child support mis-
19 use may be considered a material change of circumstances which justifies
20 modification of a prior order of child legal custody or residency.
21 (g) Court ordered exchange or visitation parenting time at a child
22 exchange and visitation parenting time center. (1) The court may order
23 exchange or visitation parenting time to take place at a child exchange
24 and visitation parenting time center, as established in K.S.A. 75-720 and
25 amendments thereto.
26 (2) A parent may petition the court to modify an order granting vis-
27 itation parenting time rights to require that the exchange or transfer of
28 children for visitation or visitation parenting time or parenting time
29 take place at a child exchange and visitation parenting time center, as
30 established in K.S.A. 75-720 and amendments thereto. The court may
31 modify an order granting visitation rights parenting time whenever mod-
32 ification would serve the best interests of the child.
33 Sec. 7. 28. K.S.A. 60-1617 is hereby amended to read as follows: 60-
34 1617. (a) Family counseling. Upon motion by any party or on the court's
35 own motion, the court may order at any time prior to or subsequent to
36 the alteration of the parties' marital status that the parties and any of their
37 children be interviewed by a psychiatrist, licensed psychologist or other
38 trained professional in family counseling, approved by the court, for the
39 purpose of determining whether it is in the best interests of any of the
40 parties' children that the parties and any of their children have counseling
41 with regard to matters of legal custody, residency and visitation parenting
42 time. The court shall receive the written opinion of the professional, and
43 the court shall make the opinion available to counsel upon request. Coun-
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1 sel may examine as a witness any professional consulted by the court
2 under this section. If the opinion of the professional is that counseling is
3 in the best interests of any of the children, the court may order the parties
4 and any of the children to obtain counseling. Neither party shall be re-
5 quired to obtain counseling pursuant to this section if the party objects
6 thereto because the counseling conflicts with sincerely held religious ten-
7 ets and practices to which any party is an adherent.
8 (b) Costs. The costs of the counseling shall be taxed to either party
9 as equity and justice require.
10 Sec. 8. 29. K.S.A. 1998 Supp. 60-1620 is hereby amended to read as
11 follows: 60-1620. (a) Except as provided in subsection (d), a parent en-
12 titled to the sole legal custody or primary residency of a child pursuant
13 to K.S.A. 60-1610 and amendments thereto shall give written notice to
14 the other parent not less than 21 days prior to changing the residence of
15 the child to a place outside this state or removing the child from this state
16 for a period of time exceeding 90 days. Such notice shall be sent by
17 restricted mail, return receipt requested, to the last known address of the
18 other parent.
19 (b) Failure to give notice as required by subsection (a) is an indirect
20 civil contempt punishable as provided by law. In addition, the court may
21 assess, against the parent required to give notice, reasonable attorney fees
22 and any other expenses incurred by the other parent by reason of the
23 failure to give notice.
24 (c) A change of the residence of a child to another state or removal
25 of a child from this state for a period of time exceeding 90 days may be
26 considered a material change of circumstances which justifies modifica-
27 tion of a prior order of child support or, legal custody or residency.
28 (d) A parent entitled to the sole legal custody or primary residency
29 of a child pursuant to K.S.A. 60-1610 and amendments thereto shall not
30 be required to give the notice required by this section to the other parent
31 when the other parent has been convicted of any crime specified in article
32 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated in which the
33 child is the victim of such crime.
34 Sec. 30. K.S.A. 1998 Supp. 60-1621 is hereby amended to read
35 as follows: 60-1621. (a) No postdivorce motion petitioning for a
36 change in child custody, a modification of child support or a change
37 in visitation parenting time shall be filed or docketed in the district
38 court without payment of a docket fee in the amount of $20 to the
39 clerk of the district court.
40 (b) A poverty affidavit may be filed in lieu of a docket fee as
41 established in K.S.A. 60-2001, and amendments thereto.
42 (c) The docket fee shall be the only costs assessed in each case
43 for services of the clerk of the district court and the sheriff. The
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1 docket fee shall be disbursed in accordance with subsection (f) of
2 K.S.A. 20-362, and amendments thereto.
3 Sec. 31. K.S.A. 1998 Supp. 60-3107 is hereby amended to read
4 as follows: 60-3107. (a) The court shall be empowered to approve
5 any consent agreement to bring about a cessation of abuse of the
6 plaintiff or minor children or grant any of the following orders:
7 (1) Restraining the parties from abusing, molesting or interfer-
8 ing with the privacy or rights of each other or of any minor children
9 of the parties. Such order shall contain a statement that if such
10 order is violated, such violation may constitute assault as provided
11 in K.S.A. 21-3408, and amendments thereto, battery as provided in
12 K.S.A. 21-3412, and amendments thereto, and violation of a protec-
13 tive order as provided in K.S.A. 1998 Supp. 21-3843, and amend-
14 ments thereto.
15 (2) Granting possession of the residence or household to a party
16 to the exclusion of the other party, and further restraining the party
17 not granted possession from entering or remaining upon or in such
18 residence or household, subject to the limitation of subsection (c).
19 Such order shall contain a statement that if such order is violated,
20 such violation shall constitute criminal trespass as provided in sub-
21 section (c) of K.S.A. 21-3721, and amendments thereto, and viola-
22 tion of a protective order as provided in K.S.A. 1998 Supp. 21-3843,
23 and amendments thereto. The court may grant an order, which shall
24 expire 60 days following the date of issuance, restraining the party
25 not granted possession from cancelling utility service to the resi-
26 dence or household.
27 (3) Requiring a party to provide suitable, alternate housing for
28 such party's spouse and any minor children of the parties.
29 (4) Awarding temporary custody and residency and establish-
30 ing temporary visitation rights parenting time with regard to minor
31 children.
32 (5) Ordering a law enforcement officer to evict a party from the
33 residence or household.
34 (6) Ordering support payments by a party for the support of a
35 party's minor child or a party's spouse. Such support orders shall
36 remain in effect until modified or dismissed by the court or until
37 expiration and shall be for a fixed period of time not to exceed one
38 year. On the motion of the plaintiff, the court may extend the effect
39 of such order for 12 months.
40 (7) Awarding costs and attorney fees to either party.
41 (8) Making provision for the possession of personal property of
42 the parties and ordering a law enforcement officer to assist in se-
43 curing possession of that property, if necessary.
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1 (9) Requiring the person against whom the order is issued to
2 seek counseling to aid in the cessation of abuse.
3 (b) Any order entered under the protection from abuse act shall
4 not be subject to modification on ex parte application or on motion
5 for temporary orders in any action filed pursuant to K.S.A. 60-1601
6 et seq. and amendments thereto. Orders previously issued in an ac-
7 tion filed pursuant to K.S.A. 60-1601 et seq. and amendments
8 thereto, shall be subject to modification under the protection from
9 abuse act only as to those matters subject to modification by the
10 terms of K.S.A. 60-1610 et seq. and amendments thereto, and on
11 sworn testimony to support a showing of good cause. Immediate and
12 present danger of abuse to the plaintiff or minor children shall con-
13 stitute good cause. If an action is filed pursuant to K.S.A. 60-1610
14 et seq. and amendments thereto, during the pendency of a proceed-
15 ing filed under the protection from abuse act or while an order
16 issued under the protection from abuse act is in effect, the court,
17 on final hearing or on agreement of the parties, may issue final
18 orders authorized by K.S.A. 60-1610 and amendments thereto, that
19 are inconsistent with orders entered under the protection from
20 abuse act. Any inconsistent order entered pursuant to this subsec-
21 tion shall be specific in its terms, reference the protection from
22 abuse order and parts thereof being modified and a copy thereof
23 shall be filed in both actions. The court shall consider whether the
24 actions should be consolidated in accordance with K.S.A. 60-242
25 and amendments thereto.
26 (c) If the parties to an action under the protection from abuse
27 act are not married to each other and one party owns the residence
28 or household, the court shall not have the authority to grant pos-
29 session of the residence or household under subsection (a)(2) to the
30 exclusion of the party who owns it.
31 (d) Subject to the provisions of subsections (b) and (c), a pro-
32 tective order or approved consent agreement shall remain in effect
33 until modified or dismissed by the court and shall be for a fixed
34 period of time not to exceed one year, except that, on motion of the
35 plaintiff, such period may be extended for one additional year.
36 (e) The court may amend its order or agreement at any time
37 upon motion filed by either party.
38 (f) No order or agreement under the protection from abuse act
39 shall in any manner affect title to any real property.
40 (g) If a person enters or remains on premises or property vio-
41 lating an order issued pursuant to subsection (a)(2), such violation
42 shall constitute criminal trespass as provided in subsection (c) of
43 K.S.A. 21-3721, and amendments thereto, and violation of a protec-
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1 tive order as provided in K.S.A. 1998 Supp. 21-3843, and amend-
2 ments thereto. If a person abuses, molests or interferes with the
3 privacy or rights of another violating an order issued pursuant to
4 subsection (a)(1), such violation may constitute assault as provided
5 in K.S.A. 21-3408, and amendments thereto, battery as provided in
6 K.S.A. 21-3412, and amendments thereto, and violation of a protec-
7 tive order as provided in K.S.A. 1998 Supp. 21-3843, and amend-
8 ments thereto.
9 Sec. 32. K.S.A. 1998 Supp. 74-7334 is hereby amended to read
10 as follows: 74-7334. (a) There is hereby created in the state treasury
11 the crime victims assistance fund. All moneys credited to the fund
12 pursuant to K.S.A. 12-4117, 19-101e, 19-4707 and 20-367, and
13 amendments thereto, shall be used solely for the purpose of making
14 grants for on-going operating expenses of programs, including
15 court-appointed special advocate programs, providing: (1) Tempo-
16 rary emergency shelter for victims of child abuse and neglect; (2)
17 counseling and assistance to those victims; or (3) educational serv-
18 ices directed at reducing the incidence of child abuse and neglect
19 and diminishing its impact on the victim. The remainder of moneys
20 credited to the fund shall be used for the purpose of supporting the
21 operation of state agency programs which provide services to the
22 victims of crime and making grants to existing programs or to es-
23 tablish and maintain new programs providing services to the victims
24 of crime.
25 (b) All expenditures from the crime victims assistance fund shall
26 be made in accordance with appropriations acts upon warrants of
27 the director of accounts and reports issued pursuant to vouchers
28 approved by the attorney general or by a person or persons desig-
29 nated by the attorney general.
30 (c) The attorney general may apply for, receive and accept mon-
31 eys from any source for the purposes for which moneys in the crime
32 victims assistance fund may be expended. Upon receipt of any such
33 moneys, the attorney general shall remit the entire amount at least
34 monthly to the state treasurer, who shall deposit it in the state treas-
35 ury and credit it to the crime victims assistance fund.
36 (d) Grants made to programs with funds derived from K.S.A. 12-
37 4117, 19-101e, 19-4707 and 20-367 and amendments thereto shall
38 be based on the numbers of persons served by the program and shall
39 be made only to programs aimed at preventing child abuse and
40 neglect or providing residential services or facilities to victims of
41 child abuse or neglect. In order for programs to qualify for funding
42 under this section, they must:
43 (1) Meet the requirements of section 501(c) of the internal rev-
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1 enue code of 1986;
2 (2) be registered and in good standing as a nonprofit corpora-
3 tion;
4 (3) meet normally accepted standards for nonprofit organiza-
5 tions;
6 (4) have trustees who represent the racial, ethnic and socioec-
7 onomic diversity of the county or counties served;
8 (5) have received 50% or more of their funds from sources other
9 than funds distributed through the fund, which other sources may
10 be public or private and may include contributions of goods or serv-
11 ices, including materials, commodities, transportation, office space
12 or other types of facilities or personal services;
13 (6) demonstrate ability to successfully administer programs;
14 (7) make available an independent certified audit of the previ-
15 ous year's financial records;
16 (8) have obtained appropriate licensing or certification, or
17 both;
18 (9) serve a significant number of residents of the county or
19 counties served;
20 (10) not unnecessarily duplicate services already adequately
21 provided to county residents; and
22 (11) agree to comply with reporting requirements of the attor-
23 ney general.
24 The attorney general may adopt rules and regulations establish-
25 ing additional standards for eligibility and accountability for grants
26 made pursuant to this section.
27 (e) All moneys credited to the fund pursuant to K.S.A. 23-108a
28 and amendments thereto, shall be set aside to use as matching funds
29 for meeting any federal requirement for the purpose of establishing
30 child exchange and visitation parenting time centers as provided in
31 K.S.A. 75-720 and amendments thereto. If no federal funds are made
32 available to the state for the purpose of establishing such child
33 exchange and visitation parenting time centers, then such moneys may
34 be used as otherwise provided in this section. Only those moneys
35 credited to the fund pursuant to K.S.A. 23-108a, and amendments
36 thereto, may be used for such matching funds. No state general fund
37 moneys shall be used for such matching funds.
38 Sec. 33. K.S.A. 75-720 is hereby amended to read as follows:
39 75-720. (a) Subject to the provisions of appropriation acts, the at-
40 torney general shall provide for child exchange and visitation par-
41 enting time centers throughout the state for victims of domestic or
42 family violence and their children to allow court-ordered child
43 exchange or visitation parenting time in a manner that protects the
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1 safety of all family members. The attorney general shall coordinate
2 and cooperate with local governmental agencies in providing the
3 child exchange and visitation parenting time centers.
4 (b) A child exchange and visitation parenting time center shall
5 provide:
6 (1) A secure setting and specialized procedures for supervised
7 visitation parenting time and the exchange or transfer of children for
8 visitation parenting time; and
9 (2) supervision by a person trained in security and the avoid-
10 ance of domestic and family violence.
11 (c) A child exchange and visitation parenting time center is for
12 children who have been removed from such children's parents and
13 placed outside the home as a result of abuse or neglect or other risk
14 of harm to such children and for children whose parents are sepa-
15 rated or divorced and the children are at risk because:
16 (1) There is documented sexual, physical or emotional abuse as
17 determined by the court;
18 (2) there is suspected or elevated risk of sexual, physical or emo-
19 tional abuse, or there have been threats of parental abduction of
20 the child;
21 (3) due to domestic violence, there is an ongoing risk of harm
22 to a parent or child;
23 (4) a parent is impaired because of substance abuse or mental
24 illness;
25 (5) there are allegations that a child is at risk for any of the
26 reasons stated in paragraphs (1) through (4) pending an investiga-
27 tion; or
28 (6) other circumstances, as determined by the court, point to
29 the existence of such a risk.
30 (d) The attorney general may apply for, receive and accept
31 moneys from any source for the purposes of establishing child
32 exchange and visitation parenting time centers for victims of domestic
33 violence.
34 (e) There is hereby created in the state treasury the child
35 exchange and visitation parenting time centers fund. All moneys cred-
36 ited to the fund shall be used solely for the purpose of establishing
37 and maintaining child exchange and visitation parenting time centers
38 for victims of domestic violence. All expenditures from the child
39 exchange and visitation parenting time center fund shall be made in
40 accordance with appropriation acts upon warrants of the director
41 of accounts and reports issued pursuant to vouchers approved by
42 the attorney general or by the attorney general's designee.
43 Sec. 9. 34. K.S.A. 20-164, 21-3422a, 23-601, 23-602, 23-701, 38-
SB 150--Am.
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1 1302, 38-1309, 38-1310, 38-1597, 60-1612, 60-1614, 60-1615 and, 60-
2 1617 and 75-720 and K.S.A. 1998 Supp. 5-509, 20-302b, 23-9,305, 23-
3 1001, 23-1002, 38-1121, 38-1138, 38-1563, 38-1569, 38-1583,
4 38-1664, 38-16,119, 60-1607, 60-1610, 60-1616 and, 60-1620, 60-1621,
5 60-3107 and 74-7334 are hereby repealed.
6 Sec. 10. 35. This act shall take effect and be in force from and after
7 its publication in the statute book.