Session of 1999
         
SENATE BILL No. 184
         
By Committee on Judiciary
          
2-1
          
  9             AN  ACT concerning children; relating to children in need of care; relat-
10             ing to termination of parental rights; relating to notice of a change in
11             child's residence; amending K.S.A. 1998 Supp. 38-1502, 38-1562, 38-
12             1563, 38-1565 and 38-1581 and repealing the existing sections; also
13             repealing K.S.A. 1998 Supp. 38-1502c.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 1998 Supp. 38-1502 is hereby amended to read as
17       follows: 38-1502. As used in this code, unless the context otherwise
18       indicates:
19             (a) "Child in need of care" means a person less than 18 years of age
20       who:
21             (1) Is without adequate parental care, control or subsistence and the
22       condition is not due solely to the lack of financial means of the child's
23       parents or other custodian;
24             (2) is without the care or control necessary for the child's physical,
25       mental or emotional health;
26             (3) has been physically, mentally or emotionally abused or neglected
27       or sexually abused;
28             (4) has been placed for care or adoption in violation of law;
29             (5) has been abandoned or does not have a known living parent;
30             (6) is not attending school as required by K.S.A. 72-977 or 72-1111,
31       and amendments thereto;
32             (7) except in the case of a violation of K.S.A. 41-727, subsection (j)
33       of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
34       ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
35       4204a and amendments thereto, does an act which, when committed by
36       a person under 18 years of age, is prohibited by state law, city ordinance
37       or county resolution but which is not prohibited when done by an adult;
38             (8) while less than 10 years of age, commits any act which if done by
39       an adult would constitute the commission of a felony or misdemeanor as
40       defined by K.S.A. 21-3105 and amendments thereto;
41             (9) is willfully and voluntarily absent from the child's home without
42       the consent of the child's parent or other custodian;
43             (10) is willfully and voluntarily absent at least a second time from a

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  1       court ordered or designated placement, or a placement pursuant to court
  2       order, if the absence is without the consent of the person with whom the
  3       child is placed or, if the child is placed in a facility, without the consent
  4       of the person in charge of such facility or such person's designee;
  5             (11) has been residing in the same residence with a sibling or another
  6       person under 18 years of age, who has been physically, mentally or emo-
  7       tionally abused or neglected, or sexually abused; or
  8             (12) while less than 10 years of age commits the offense defined in
  9       K.S.A. 21-4204a and amendments thereto.
10             (b) "Physical, mental or emotional abuse or neglect" means the in-
11       fliction of physical, mental or emotional injury or the causing of a dete-
12       rioration of a child and may include, but shall not be limited to, failing to
13       maintain reasonable care and treatment, negligent treatment or maltreat-
14       ment or exploiting a child to the extent that the child's health or emotional
15       well-being is endangered. A parent legitimately practicing religious beliefs
16       who does not provide specified medical treatment for a child because of
17       religious beliefs shall not for that reason be considered a negligent parent;
18       however, this exception shall not preclude a court from entering an order
19       pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.
20             (c) "Sexual abuse" means any act committed with a child which is
21       described in article 35, chapter 21 of the Kansas Statutes Annotated and
22       those acts described in K.S.A. 21-3602 or 21-3603, and amendments
23       thereto, regardless of the age of the child.
24             (d) "Parent," when used in relation to a child or children, includes a
25       guardian, conservator and every person who is by law liable to maintain,
26       care for or support the child.
27             (e) "Interested party" means the state, the petitioner, the child, any
28       parent and any person found to be an interested party pursuant to K.S.A.
29       38-1541 and amendments thereto.
30             (f) "Law enforcement officer" means any person who by virtue of
31       office or public employment is vested by law with a duty to maintain
32       public order or to make arrests for crimes, whether that duty extends to
33       all crimes or is limited to specific crimes.
34             (g) "Youth residential facility" means any home, foster home or struc-
35       ture which provides 24-hour-a-day care for children and which is licensed
36       pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.
37             (h) "Shelter facility" means any public or private facility or home
38       other than a juvenile detention facility that may be used in accordance
39       with this code for the purpose of providing either temporary placement
40       for the care of children in need of care prior to the issuance of a dispos-
41       itional order or longer term care under a dispositional order.
42             (i) "Juvenile detention facility" means any secure public or private
43       facility used for the lawful custody of accused or adjudicated juvenile

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  1       offenders which must not be a jail.
  2             (j) "Adult correction facility" means any public or private facility, se-
  3       cure or nonsecure, which is used for the lawful custody of accused or
  4       convicted adult criminal offenders.
  5             (k) "Secure facility" means a facility which is operated or structured
  6       so as to ensure that all entrances and exits from the facility are under the
  7       exclusive control of the staff of the facility, whether or not the person
  8       being detained has freedom of movement within the perimeters of the
  9       facility, or which relies on locked rooms and buildings, fences or physical
10       restraint in order to control behavior of its residents. No secure facility
11       shall be in a city or county jail.
12             (l) "Ward of the court" means a child over whom the court has ac-
13       quired jurisdiction by the filing of a petition pursuant to this code and
14       who continues subject to that jurisdiction until the petition is dismissed
15       or the child is discharged as provided in K.S.A. 38-1503 and amendments
16       thereto.
17             (m) "Custody," whether temporary, protective or legal, means the
18       status created by court order or statute which vests in a custodian,
19       whether an individual or an agency, the right to physical possession of
20       the child and the right to determine placement of the child, subject to
21       restrictions placed by the court.
22             (n) "Placement" means the designation by the individual or agency
23       having custody of where and with whom the child will live.
24             (o) "Secretary" means the secretary of social and rehabilitation
25       services.
26             (p) "Relative" means a person related by blood, marriage or adoption
27       but, when referring to a relative of a child's parent, does not include the
28       child's other parent.
29             (q) "Court-appointed special advocate" means a responsible adult
30       other than an attorney guardian ad litem who is appointed by the court
31       to represent the best interests of a child, as provided in K.S.A. 38-1505a
32       and amendments thereto, in a proceeding pursuant to this code.
33             (r) "Multidisciplinary team" means a group of persons, appointed by
34       the court or by the state department of social and rehabilitation services
35       under K.S.A. 38-1523a and amendments thereto, which has knowledge
36       of the circumstances of a child in need of care.
37             (s) "Jail" means:
38             (1) An adult jail or lockup; or
39             (2) a facility in the same building or on the same grounds as an adult
40       jail or lockup, unless the facility meets all applicable standards and licen-
41       sure requirements under law and there is (A) total separation of the ju-
42       venile and adult facility spatial areas such that there could be no haphaz-
43       ard or accidental contact between juvenile and adult residents in the

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  1       respective facilities; (B) total separation in all juvenile and adult program
  2       activities within the facilities, including recreation, education, counseling,
  3       health care, dining, sleeping, and general living activities; and (C) separate
  4       juvenile and adult staff, including management, security staff and direct
  5       care staff such as recreational, educational and counseling.
  6             (t) "Kinship care" means the placement of a child in the home of the
  7       child's relative or in the home of another adult with whom the child or
  8       the child's parent already has a close emotional attachment.
  9             (u) "Juvenile intake and assessment worker" means a responsible
10       adult authorized to perform intake and assessment services as part of the
11       intake and assessment system established pursuant to K.S.A. 75-7023, and
12       amendments thereto.
13             (v) "Abandon" means to forsake, desert or cease providing care for
14       the child without making appropriate provisions for substitute care.
15             (w) "Permanent guardianship" means a judicially created relationship
16       between child and caretaker which is intended to be permanent and self-
17       sustaining without ongoing state oversight or intervention. The perma-
18       nent guardian stands in loco parentis and exercises all the rights and
19       responsibilities of a parent.
20             (x) "Aggravated circumstances" means the abandonment, torture,
21       chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
22             (y) "Permanency hearing" means a notice and opportunity to be
23       heard is provided to interested parties, foster parents, preadoptive parents
24       or relatives providing care for the child. The court, after consideration of
25       the evidence, shall determine whether progress toward the case plan goal
26       is adequate or and reintegration is a viable alternative, or if the case
27       should be referred to the county or district attorney for filing of a petition
28       to terminate parental rights or to appoint a permanent guardian.
29             (z) "Extended out of home placement" means a child has been in the
30       custody of the secretary and placed with neither parent for 15 of the most
31       recent 22 months beginning 60 days after the date at which a child in the
32       custody of the secretary was first removed from the home.
33             (aa) "Educational institution" means all schools at the elementary and
34       secondary levels.
35             (bb) "Educator" means any administrator, teacher or other profes-
36       sional or paraprofessional employee of an educational institution who has
37       exposure to a pupil specified in subsection (a)(1) through (5) of K.S.A. 72-
38       89b03 and amendments thereto.
39             Sec.  2. K.S.A. 1998 Supp. 38-1562 is hereby amended to read as
40       follows: 38-1562. (a) At any time after a child has been adjudicated to be
41       a child in need of care and prior to disposition, the judge shall permit any
42       interested parties, and any persons required to be notified pursuant to
43       subsection (b), to be heard as to proposals for appropriate disposition of

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  1       the case.
  2             (b) Before entering an order placing the child in the custody of a
  3       person other than the child's parent, the court shall require notice of the
  4       time and place of the hearing to be given to all the child's grandparents
  5       at their last known addresses or, if no grandparent is living or if no living
  6       grandparent's address is known, to the closest relative of each of the
  7       child's parents whose address is known, and to the foster parent, prea-
  8       doptive parent or relative providing care. Such notice shall be given by
  9       restricted mail not less than 10 business days before the hearing and shall
10       state that the person receiving the notice shall have an opportunity to be
11       heard at the hearing. The provisions of this subsection shall not require
12       additional notice to any person otherwise receiving notice of the hearing
13       pursuant to K.S.A. 38-1536 and amendments thereto. Individuals receiv-
14       ing notice pursuant to this subsection shall not be made a party to the
15       action solely on the basis of this notice and opportunity to be heard.
16             (c) Prior to entering an order of disposition, the court shall give con-
17       sideration to the child's physical, mental and emotional condition; the
18       child's need for assistance; the manner in which the parent participated
19       in the abuse, neglect or abandonment of the child; any relevant infor-
20       mation from the intake and assessment process; and the evidence re-
21       ceived at the dispositional hearing. In determining when reunification is
22       a viable alternative, the court shall specifically consider whether the par-
23       ent has been found by a court to have: (1) Committed murder in the first
24       degree, K.S.A. 21-3401 and amendments thereto, murder in the second
25       degree, K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A.
26       21-3439 and amendments thereto, voluntary manslaughter, K.S.A. 21-
27       3403 and amendments thereto or violated a law of another state which
28       prohibits such murder or manslaughter of a child; (2) aided or abetted,
29       attempted, conspired or solicited to commit such murder or voluntary
30       manslaughter of a child as provided in subsection (c)(1); (3) committed a
31       felony battery that resulted in bodily injury to the child or another child;
32       (4) subjected the child or another child to aggravated circumstances as
33       defined in subsection (x) of K.S.A. 38-1502 and amendments thereto; (5)
34       parental rights of the parent to another child have been terminated in-
35       voluntarily; or (6) the child has been in extended out of home placement
36       as defined in subsection (z) of K.S.A. 38-1502 and amendments thereto.
37       If reintegration is not a viable alternative, the court shall consider whether
38       a compelling reason has been documented in the case plan to find neither
39       adoption nor permanent guardianship are in the best interests of the
40       child, the child is in a stable placement with a relative, or services set out
41       in the case plan necessary for the safe return of the child have been made
42       available to the parent with whom reintegration is planned. If reintegra-
43       tion is not a viable alternative and either adoption or permanent guardi-

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  1       anship might be in the best interests of the child, the county or district
  2       attorney or the county or district attorney's designee shall file a motion
  3       to terminate parental rights or a motion to establish a permanent guard-
  4       ianship within 30 days and the court shall set a hearing on such motion
  5       within 90 days of the filing of such motion.
  6             Sec.  3. K.S.A. 1998 Supp. 38-1563 is hereby amended to read as
  7       follows: 38-1563. (a) After consideration of any evidence offered relating
  8       to disposition, the court may retain jurisdiction and place the child in the
  9       custody of the child's parent subject to terms and conditions which the
10       court prescribes to assure the proper care and protection of the child,
11       including supervision of the child and the parent by a court services of-
12       ficer, or may order the child and the parent to participate in programs
13       operated by the secretary or another appropriate individual or agency.
14       The terms and conditions may require any special treatment or care which
15       the child needs for the child's physical, mental or emotional health.
16             (b) The duration of any period of supervision or other terms or con-
17       ditions shall be for an initial period of no more than 18 months. The
18       court, at the expiration of that period, upon a hearing and for good cause
19       shown, may make successive extensions of the supervision or other terms
20       or conditions for up to 12 months at a time.
21             (c) The court may order the child and the parents of any child who
22       has been adjudged a child in need of care to attend counseling sessions
23       as the court directs. The expense of the counseling may be assessed as
24       an expense in the case. No mental health center shall charge a greater
25       fee for court-ordered counseling than the center would have charged to
26       the person receiving counseling if the person had requested counseling
27       on the person's own initiative.
28             (d) If the court finds that placing the child in the custody of a parent
29       will not assure protection from physical, mental or emotional abuse or
30       neglect or sexual abuse or will not be in the best interests of the child,
31       the court shall enter an order awarding custody of the child, until the
32       further order of the court, to one of the following:
33             (1) A relative of the child or a person with whom the child has close
34       emotional ties;
35             (2) any other suitable person;
36             (3) a shelter facility; or
37             (4) the secretary.
38             In making such a custody order, the court shall give preference, to the
39       extent that the court finds it is in the best interests of the child, first to
40       granting custody to a relative of the child and second to granting custody
41       of the child to a person with whom the child has close emotional ties. If
42       the court has awarded legal custody based on the finding specified by this
43       subsection, the legal custodian shall not return the child to the home of

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  1       that parent without the written consent of the court.
  2             (e) When the custody of the child is awarded to the secretary:
  3             (1) The court may recommend to the secretary where the child
  4       should be placed.
  5             (2) The secretary shall notify the court in writing of any placement
  6       of the child or, within 10 days of the order awarding the custody of the
  7       child to the secretary, any proposed placement of the child, whichever
  8       occurs first.
  9             (3) The court may determine if such placement is in the best interests
10       of the child, and if the court determines that such placement is not in the
11       best interests of the child, the court shall notify the secretary who shall
12       then make an alternative placement subject to the procedures established
13       in this paragraph. In determining if such placement is in the best interests
14       of the child, the court, after providing the parties with an opportunity to
15       be heard, shall consider the health and safety needs of the child and the
16       resources available to meet the needs of children in the custody of the
17       secretary.
18             (f) If custody of a child is awarded under this section to a person
19       other than the child's parent, the court may grant any individual reason-
20       able rights to visit the child upon motion of the individual and a finding
21       that the visitation rights would be in the best interests of the child.
22             (g) If the court issues an order of custody pursuant to this section,
23       the court may enter an order restraining any alleged perpetrator of phys-
24       ical, sexual, mental or emotional abuse of the child from residing in the
25       child's home; visiting, contacting, harassing or intimidating the child; or
26       attempting to visit, contact, harass or intimidate the child.
27             (h) The court shall not enter an order removing a child from the
28       custody of a parent pursuant to this section unless the court first finds
29       from evidence presented by the petitioner that reasonable efforts have
30       been made to prevent or eliminate the need for removal of the child; or
31       reasonable efforts are not necessary because reintegration is not a viable
32       alternative; or that an emergency exists which threatens the safety of the
33       child and requires the immediate removal of the child. Reintegration may
34       not be a viable alternative when the: (1) Parent has been found by a court
35       to have committed murder in the first degree, K.S.A. 21-3401 and amend-
36       ments thereto, murder in the second degree, K.S.A. 21-3402 and amend-
37       ments thereto, capital murder, K.S.A. 21-3439 and amendments thereto,
38       voluntary manslaughter, K.S.A. 21-3403 and amendments thereto or vi-
39       olated a law of another state which prohibits such murder or manslaughter
40       of a child; (2) parent aided or abetted, attempted, conspired or solicited
41       to commit such murder or voluntary manslaughter of a child as provided
42       in subsection (h)(1); (3) parent committed a felony battery that resulted
43       in bodily injury to the child or another child; (4) parent has subjected the

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  1       child or another child to aggravated circumstances as defined in subsec-
  2       tion (x) of K.S.A. 38-1502, and amendments thereto; (5) parental rights
  3       of the parent to another child have been terminated involuntarily or (6)
  4       the child has been in extended out of home placement as defined in
  5       subsection (z) of K.S.A. 38-1502 and amendments thereto. Such findings
  6       shall be included in any order entered by the court.
  7             (i) In addition to or in lieu of any other order authorized by this
  8       section, if a child is adjudged to be a child in need of care by reason of a
  9       violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.
10       and amendments thereto) or K.S.A. 41-719, 41-804, 41-2719, 65-4152,
11       65-4153, 65-4154 or 65-4155, and amendments thereto, the court shall
12       order the child to submit to and complete an alcohol and drug evaluation
13       by a community-based alcohol and drug safety action program certified
14       pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee not
15       to exceed the fee established by that statute for such evaluation. If the
16       court finds that the child and those legally liable for the child's support
17       are indigent, the fee may be waived. In no event shall the fee be assessed
18       against the secretary or the department of social and rehabilitation
19       services.
20             (j) In addition to any other order authorized by this section, if child
21       support has been requested and the parent or parents have a duty to
22       support the child, the court may order one or both parents to pay child
23       support and, when custody is awarded to the secretary, the court shall
24       order one or both parents to pay child support. The court shall determine,
25       for each parent separately, whether the parent is already subject to an
26       order to pay support for the child. If the parent is not presently ordered
27       to pay support for any child who is a ward of the court and the court has
28       personal jurisdiction over the parent, the court shall order the parent to
29       pay child support in an amount determined under K.S.A. 38-1595 and
30       amendments thereto. Except for good cause shown, the court shall issue
31       an immediate income withholding order pursuant to K.S.A. 23-4,105 et
32       seq. and amendments thereto for each parent ordered to pay support
33       under this subsection, regardless of whether a payor has been identified
34       for the parent. A parent ordered to pay child support under this subsec-
35       tion shall be notified, at the hearing or otherwise, that the child support
36       order may be registered pursuant to K.S.A. 38-1597 and amendments
37       thereto. The parent shall also be informed that, after registration, the
38       income withholding order may be served on the parent's employer with-
39       out further notice to the parent and the child support order may be en-
40       forced by any method allowed by law. Failure to provide this notice shall
41       not affect the validity of the child support order.
42             Sec.  4. K.S.A. 1998 Supp. 38-1565 is hereby amended to read as
43       follows: 38-1565. (a) If a child is placed outside the child's home and no

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  1       plan is made a part of the record of the dispositional hearing, a written
  2       plan shall be prepared which provides for reintegration of the child into
  3       the child's family or, if reintegration is not a viable alternative, for other
  4       placement of the child. Reintegration may not be a viable alternative
  5       when the: (1) Parent has been found by a court to have committed murder
  6       in the first degree, K.S.A. 21-3401 and amendments thereto, murder in
  7       the second degree, K.S.A. 21-3402 and amendments thereto, capital mur-
  8       der, K.S.A. 21-3439 and amendments thereto, voluntary manslaughter,
  9       K.S.A. 21-3403 and amendments thereto or violated a law of another state
10       which prohibits such murder or manslaughter of a child; (2) parent aided
11       or abetted, attempted, conspired or solicited to commit such murder or
12       voluntary manslaughter of a child as provided in subsection (a)(1); (3)
13       parent committed a felony battery that resulted in bodily injury to the
14       child or another child; (4) parent has subjected the child or another child
15       to aggravated circumstances as defined in subsection (x) of K.S.A. 38-
16       1502, and amendments thereto; (5) parental rights of the parent to an-
17       other child have been terminated involuntarily; or (6) the child has been
18       in extended out of home placement as defined in subsection (z) of K.S.A.
19       38-1502 and amendments thereto. If the goal is reintegration into the
20       family, the plan shall include measurable objectives and time schedules
21       for reintegration. The plan shall be submitted to the court not later than
22       30 days after the dispositional order is entered. If the child is placed in
23       the custody of the secretary, the plan shall be prepared and submitted by
24       the secretary. If the child is placed in the custody of a facility or person
25       other than the secretary, the plan shall be prepared and submitted by a
26       court services officer.
27             (b) A court services officer or, if the child is in the secretary's custody,
28       the secretary shall submit to the court, at least every six months, a written
29       report of the progress being made toward the goals of the plan submitted
30       pursuant to subsection (a). If the child is placed in foster care, the foster
31       parent or parents shall submit to the court, at least every six months, a
32       report in regard to the child's adjustment, progress and condition. The
33       department of social and rehabilitation services shall notify the foster
34       parent or parents of the foster parent's or parent's duty to submit such
35       report, on a form provided by the department of social and rehabilitation
36       services, at least two weeks prior to the date when the report is due, and
37       the name of the judge and the address of the court to which the report
38       is to be submitted. Such report shall be confidential and shall only be
39       reviewed by the court and the child's guardian ad litem. The court shall
40       review the progress being made toward the goals of the plan and the
41       foster parent report and, if the court determines that progress is inade-
42       quate or that the plan is no longer viable, the court shall hold a hearing
43       pursuant to subsection (c). If the secretary has custody of the child, such

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  1       hearing shall be held no more than 12 months after the child is placed
  2       outside the child's home and at least every 12 months thereafter. For
  3       children in the custody of the secretary prior to July 1, 1998, within 30
  4       days of receiving a request from the secretary, a permanency hearing shall
  5       be held. If the goal of the plan submitted pursuant to subsection (a) is
  6       reintegration into the family and the court determines after 12 months
  7       from the time such plan is first submitted that progress is inadequate, the
  8       court shall hold a hearing pursuant to subsection (c). Nothing in this
  9       subsection shall be interpreted to prohibit termination of parental rights
10       prior to the expiration of 12 months.
11             (c) Whenever a hearing is required under subsection (b), the court
12       shall notify all interested parties and the foster parents, preadoptive par-
13       ents or relatives providing care for the child and hold a hearing. Individ-
14       uals receiving notice pursuant to this subsection shall not be made a party
15       to the action solely on the basis of this notice and opportunity to be heard.
16       After providing the interested parties, foster parents, preadoptive parents
17       or relatives providing care for the child an opportunity to be heard, the
18       court shall determine whether the child's needs are being adequately met
19       and whether reintegration continues to be a viable alternative. If the court
20       finds reintegration is no longer a viable alternative, the court shall con-
21       sider whether the child is in a stable placement with a relative, services
22       set out in the case plan necessary for the safe return of the child have
23       been made available to the parent with whom reintegration is planned or
24       other compelling reasons are documented in the case plan to support a
25       finding that neither adoption nor permanent guardianship are in the
26       child's best interest. If reintegration is not a viable alternative and either
27       adoption or permanent guardianship might be in the best interests of the
28       child, the county or district attorney or the county or district attorney's
29       designee shall file a motion to terminate parental rights or for a motion
30       to establish a permanent guardianship within 30 days and the court shall
31       set a hearing on such motion within 90 days of the filing of such motion.
32       When the court finds reintegration continues to be a viable alternative,
33       the court shall set a date for the child to be returned home; may rescind
34       any of its prior dispositional orders and enter any dispositional order au-
35       thorized by this code or may order that a new plan for the reintegration
36       on the date set be prepared and submitted to the court.
37             Sec.  5. K.S.A. 1998 Supp. 38-1581 is hereby amended to read as
38       follows: 38-1581. (a) Either in the petition filed under this code or in a
39       motion made in proceedings under this code, any interested party may
40       request that either or both parents be found unfit and the parental rights
41       of either or both parents be terminated or a permanent guardianship be
42       appointed.
43             (b) Whenever a pleading is filed requesting termination of parental

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  1       rights, the pleading shall contain a statement of specific facts which are
  2       relied upon to support the request, including dates, times and locations
  3       to the extent known.
  4             (c) The county or district attorney or the county or district attorney's
  5       designee shall file pleadings alleging a parent is unfit and requesting ter-
  6       mination of parental rights or the establishment of a permanent guardi-
  7       anship within 30 days after the court has determined reintegration is not
  8       a viable alternative and unless the court has not found a compelling reason
  9       why adoption or permanent guardianship may not be in the best interest
10       of the child. The court shall set a hearing on such pleadings and matters
11       within 90 days of the filing of such pleadings. 
12       Sec.  6. K.S.A. 1998 Supp. 38-1502, 38-1502c, 38-1562, 38-1563, 38-
13       1565 and 38-1581 are hereby repealed.
14        Sec.  7. This act shall take effect and be in force from and after its
15       publication in the statute book.