Session of 2000
HOUSE BILL No. 2955
By Representatives Flora, Hermes, Horst, Hutchins, Jenkins,
Kirk,
Kuether, Mays, Nichols and Toelkes
2-9
11 AN ACT
concerning children in need of care; amending K.S.A. 38-1503
12 and repealing the
existing section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 38-1503 is hereby amended to read as follows:
38-
16 1503. (a) Proceedings concerning any child
who appears to be a child in
17 need of care shall be governed by this
code, except in those instances
18 when the Indian child welfare act of 1978
(25 U.S.C. § § 1901 et seq.)
19 applies.
20 (b) Subject to
the uniform child custody jurisdiction act, K.S.A. 38-
21 1301 et seq. and amendments thereto,
the district court shall have original
22 jurisdiction to receive and determine
proceedings under this code.
23 (c) When
jurisdiction has been acquired by the court over the person
24 of a child in need of care it may continue
until the child: (1) Has attained
25 the age of 21 years; (2) has been adopted;
or (3) has been discharged by
26 the court. Any child 18 years of age or
over may request, by motion to
27 the court, that the jurisdiction of the
court cease. Subsequently, the court
28 shall enter an order discharging the person
from any further jurisdiction
29 of the court.
30 (d) When it is no
longer appropriate for the court to exercise juris-
31 diction over a child the court, upon its
own motion or the motion of an
32 interested party, shall enter an order
discharging the child. Except upon
33 request of the child, the court shall not
enter an order discharging a child
34 which reaches 18 years of age before
completing the child's high school
35 education until June 1 of the school year
during which the child became
36 18 years of age as long as the child is
still attending high school.
37 (e) Unless the
court finds that substantial injustice would result, the
38 provisions of this code shall govern with
respect to acts or omissions oc-
39 curring prior to the effective date of this
code and with respect to children
40 alleged or adjudicated to have done or to
have been affected by the acts
41 or omissions, to the same extent as if the
acts or omissions had occurred
42 on or after the effective date and the
children had been alleged or ad-
43 judicated to be children in need of
care.
2
1 (f) When
the court issues an order pursuant to this code, such order
2 shall be in effect from and after
the pronouncement of such order.
3 Sec. 2. K.S.A. 38-1503 is
hereby repealed.
4 Sec. 3. This act
shall take effect and be in force from and after its
5 publication in the statute book.