Session 2000
Effective: July 1, 2000
HOUSE Substitute for SENATE BILL No. 150
An Act concerning children; relating to joint shared child custody and parenting time;
concerning grandparents; parental rights; enacting the uniform child-custody jurisdiction
and enforcement act; amending K.S.A. 20-164, 21-3422a, 23-601, 23-602, 38-1116, 38-
1503, 38-1533, 59-2127, 59-2128, 60-1604, 60-1605, 60-1611, 60-1612, 60-1614, 60-
1615 and 60-1617 and K.S.A. 1999 Supp. 5-509, 20-302b, 23-701, 23-1001, 23-1002,
38-1121, 38-1132, 38-1138, 38-1502, 38-16,119, 59-3009, 60-1607, 60-1610, 60-1616,
60-1620, 60-1621, 60-3103, 60-3106 and 60-3107 and repealing the existing sections;
also repealing K.S.A. 38-1301 through 38-1326 and 38-1335.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp. 5-509 is hereby amended to read as
follows: 5-509. (a) The following types of cases may be accepted for dis-
pute resolution by an approved program or individual:
(1) Civil claims and disputes, including, but not limited to, consumer
and commercial complaints, disputes involving allegations of shoplifting,
disputes between neighbors, disputes between business associates, dis-
putes between landlords and tenants, disputes involving matters under
the small claims procedure act, farmer-lender disputes, and disputes
within communities;
(2) disputes concerning child custody and, residency, visitation rights,
parenting time and other areas of domestic relations;
(3) juvenile offenses and disputes involving juveniles;
(4) disputes between victims and offenders, in which the victims vol-
untarily agree to participate in mediation;
(5) disputes involving allegations of unlawful discrimination under
state or federal laws;
(6) disputes referred by county attorneys or district attorneys;
(7) disputes involving employer and employee relations under K.S.A.
72-5413 through 72-5432, and amendments thereto, or K.S.A. 75-4321
through 75-4337, and amendments thereto; and
(8) disputes referred by a court, an attorney, a law enforcement of-
ficer, a social service agency, a school or any other interested person or
agency, including the request of the parties involved.
(b) A case may be referred prior to the commencement of formal
judicial proceedings or may be referred as a pending court case. If a court
refers a case, information shall be provided to the court as to whether an
agreement was reached and, if available, a copy of the signed agreement
shall be provided to the court.
(c) Before the dispute resolution process begins, the neutral person
conducting the process shall provide the parties with a written statement
setting forth the procedures to be followed.
Sec. 2. K.S.A. 20-164 is hereby amended to read as follows: 20-164.
(a) The supreme court shall establish by rule an expedited judicial process
which shall be used in the establishment, modification and enforcement
of orders of support pursuant to the Kansas parentage act; K.S.A. 23-451
et seq., 39-718a, 39-755, 60-1610, and amendments thereto, or K.S.A. 39-
718b, and amendments thereto; K.S.A. 38-1542, 38-1543 or 38-1563, and
amendments thereto; or K.S.A. 23-4,105 through 23-4,118 and amend-
ments thereto; or K.S.A. 23-4,125 through 23-4,137, and amendments
thereto.
(b) The supreme court shall establish by rule an expedited judicial
process for the enforcement of court orders granting a parent visitation
rights or to parenting time the parent's child.
Sec. 3. K.S.A. 1999 Supp. 20-302b is hereby amended to read as
follows: 20-302b. (a) A district magistrate judge shall have the jurisdiction
and power, in any case in which a violation of the laws of the state is
charged, to conduct the trial of traffic infractions, cigarette or tobacco
infractions or misdemeanor charges to conduct the preliminary exami-
nation of felony charges and to hear felony arraignments subject to as-
signment pursuant to K.S.A. 20-329 and amendments thereto. In civil
cases, a district magistrate judge shall have concurrent jurisdiction, pow-
ers and duties with a district judge, except that, unless otherwise specif-
ically provided in subsection (b), a district magistrate judge shall not have
jurisdiction or cognizance over the following actions:
(1) Any action, other than an action seeking judgment for an unse-
cured debt not sounding in tort and arising out of a contract for the
provision of goods, services or money, in which the amount in contro-
versy, exclusive of interests and costs, exceeds $10,000, except that in
actions of replevin, the affidavit in replevin or the verified petition fixing
the value of the property shall govern the jurisdiction; nothing in this
paragraph shall be construed as limiting the power of a district magistrate
judge to hear any action pursuant to the Kansas probate code or to issue
support orders as provided by paragraph (6) of this subsection;
(2) actions against any officers of the state, or any subdivisions
thereof, for misconduct in office;
(3) actions for specific performance of contracts for real estate;
(4) actions in which title to real estate is sought to be recovered or
in which an interest in real estate, either legal or equitable, is sought to
be established, except that nothing in this paragraph shall be construed
as limiting the right to bring an action for forcible detainer as provided
in the acts contained in article 23 of chapter 61 of the Kansas Statutes
Annotated, and any acts amendatory thereof or supplemental thereto; and
nothing in this paragraph shall be construed as limiting the power of a
district magistrate judge to hear any action pursuant to the Kansas probate
code;
(5) actions to foreclose real estate mortgages or to establish and fore-
close liens on real estate as provided in the acts contained in article 11 of
chapter 60 of the Kansas Statutes Annotated, and any acts amendatory
thereof or supplemental thereto;
(6) actions for divorce, separate maintenance or custody of minor
children, except that nothing in this paragraph shall be construed as lim-
iting the power of a district magistrate judge to: (A) Hear any action
pursuant to the Kansas code for care of children or the Kansas juvenile
justice code; (B) establish, modify or enforce orders of support, including,
but not limited to, orders of support pursuant to the Kansas parentage
act, K.S.A. 23-451 et seq., 39-718a, 39-718b, 39-755 or 60-1610 or K.S.A.
23-4,105 through 23-4,118, 23-4,125 through 23-4,137, 38-1542, 38-1543
or 38-1563, and amendments thereto; or (C) enforce orders granting a
parent visitation rights to the parent's child or parenting time;
(7) habeas corpus;
(8) receiverships;
(9) change of name;
(10) declaratory judgments;
(11) mandamus and quo warranto;
(12) injunctions;
(13) class actions;
(14) rights of majority; and
(15) actions pursuant to K.S.A. 59-29a01 et seq. and amendments
thereto.
(b) Notwithstanding the provisions of subsection (a), in the absence,
disability or disqualification of a district judge, a district magistrate judge
may:
(1) Grant a restraining order, as provided in K.S.A. 60-902 and
amendments thereto;
(2) appoint a receiver, as provided in K.S.A. 60-1301 and amend-
ments thereto; and
(3) make any order authorized by K.S.A. 60-1607 and amendments
thereto.
(c) In accordance with the limitations and procedures prescribed by
law, and subject to any rules of the supreme court relating thereto, any
appeal permitted to be taken from an order or final decision of a district
magistrate judge shall be tried and determined de novo by a district judge,
except that in civil cases where a record was made of the action or pro-
ceeding before the district magistrate judge, the appeal shall be tried and
determined on the record by a district judge.
(d) Upon motion of a party, the chief judge may reassign an action
from a district magistrate judge to a district judge.
Sec. 4. K.S.A. 21-3422a is hereby amended to read as follows: 21-
3422a. (a) Aggravated interference with parental custody is:
(1) Hiring someone to commit the crime of interference with paren-
tal custody, as defined by K.S.A. 21-3422 and amendments thereto; or
(2) the commission of interference with parental custody, as defined
by K.S.A. 21-3422 and amendments thereto, by a person who:
(A) Has previously been convicted of the crime;
(B) commits the crime for hire;
(C) takes the child outside the state without the consent of either the
person having custody or the court;
(D) after lawfully taking the child outside the state while exercising
visitation rights or parenting time or custody rights, refuses to return the
child at the expiration of the rights that time;
(E) at the expiration of visitation the exercise of any visitation rights
or parenting time or custody rights outside the state, refuses to return or
impedes the return of the child; or
(F) detains or conceals the child in an unknown place, whether inside
or outside the state.
(b) Aggravated interference with parental custody is a severity level
7, person felony.
(c) This section shall be a part of and supplemental to the Kansas
criminal code.
Sec. 5. K.S.A. 23-601 is hereby amended to read as follows: 23-601.
Mediation under this section is the process by which a neutral mediator
appointed by the court, or by a hearing officer in a proceeding pursuant
to K.S.A. 23-701,, assists the parties in reaching a mutually acceptable
agreement as to issues of child custody and visitation, residency, visita-
tion, parenting time, division of property or other issues. The role of the
mediator is to aid the parties in identifying the issues, reducing misun-
derstandings, clarifying priorities, exploring areas of compromise and
finding points of agreement. An agreement reached by the parties is to
be based on the decisions of the parties and not the decisions of the
mediator.
Sec. 6. K.S.A. 23-602 is hereby amended to read as follows: 23-602.
(a) The court or hearing officer may order mediation of any contested
issue of child custody or visitation, residency, visitation, parenting time,
division of property or other issues, at any time, upon the motion of a
party or on the court's own motion. A hearing officer in a proceeding
pursuant to K.S.A. 23-701 may order mediation of a contested issue of
child visitation in such a proceeding.
(b) If the court or hearing officer orders mediation under subsection
(a), the court or hearing officer shall appoint a mediator, taking into con-
sideration the following:
(1) An agreement by the parties to have a specific mediator appointed
by the court or hearing officer;
(2) the nature and extent of any relationships the mediator may have
with the parties and any personal, financial or other interests the mediator
may have which could result in bias or a conflict of interest;
(3) the mediator's knowledge of (A) the Kansas judicial system and
the procedure used in domestic relations cases, (B) other resources in the
community to which parties can be referred for assistance, (C) child de-
velopment, (D) clinical issues relating to children, (E) the effects of di-
vorce on children and (F) the psychology of families; and
(4) the mediator's training and experience in the process and tech-
niques of mediation.
Sec. 7. K.S.A. 1999 Supp. 23-701 is hereby amended to read as fol-
lows: 23-701. (a) The purpose of this section is to enhance the enforce-
ment of court ordered child visitation rights granted by court order and
parenting time by establishing an a simplified, expedited procedure which
is simplified enough to provide justice without necessitating the assistance
of legal counsel.
(b) If a parent has been granted visitation rights pursuant to K.S.A.
38-1121 or 60-1616, and amendments thereto, and such rights are denied
or interfered with by the other parent, the parent having visitation rights
may file with the clerk of the district court a motion for enforcement of
such rights. Such motion shall be filed on a form provided by the clerk
of the court. Upon the filing of the motion, the chief judge of the district
court shall assign a judge of the district court or the court trustee as a
hearing officer to hear the motion. The hearing officer shall immediately:
(1) Issue ex parte an order for mediation in accordance with K.S.A.
23-601 et seq., and amendments thereto; or
(2) set a time and place for a hearing on the motion, which shall be
not more than 21 days after the filing of the motion. A party who has
been granted visitation rights or parenting time may file with the court a
motion alleging denial or interference with those rights and enforcement
of those rights. The district court shall provide a form on which such
motion may be filed. Such expedited matters shall be heard by a district
judge, court trustee, or magistrate, sitting as a hearing officer. The pro-
visions of this section are in addition to those enforcement procedures
provided in the uniform child custody jurisdiction and enforcement act,
and amendments thereto, and other remedies provided by law.
(c) When a motion seeking expedited enforcement under subsection
(b) is filed, the hearing officer shall immediately:
(1) Set a time and place for a hearing on the motion, which shall not
be more than 21 days after the date on which the motion was filed; or
(2) if deemed appropriate, issue an ex parte order for mediation in
accordance with K.S.A. 23-601 et seq., and amendments thereto.
(c) (d) If mediation ordered pursuant to subsection (b) (c) is com-
pleted, the mediator shall submit a summary of the parties' understanding
to the hearing officer within five days after it is signed by the parties.
Upon receipt of the summary, the hearing officer shall enter an order in
accordance with the parties' agreement or set a time and place for a
hearing on the matter, which shall be not more than 10 days after the
summary is received by the hearing officer.
(d) (e) If mediation ordered pursuant to subsection (b) (c) is termi-
nated pursuant to K.S.A. 23-604 and amendments thereto, the mediator
shall report the termination to the hearing officer within five days after
the termination. Upon receipt of the report, if the hearing officer is a
district judge, such judge shall set the matter shall be set for hearing. If
the hearing officer is a district magistrate judge or a court trustee, the
chief judge shall assign the matter to a district judge who shall set the
matter for hearing. Any such hearing shall be not more than 10 days after
the mediator's report of termination is received by the hearing officer.
(e) (f) Notice of the hearing date set by the hearing officer shall be
given to all interested parties by certified mail, return receipt requested,
or as the court may order.
(f) (g) If, upon a hearing pursuant to subsection (b), (c) or (d), the
hearing officer or judge finds that there has been an unreasonable inter-
ference with or denial of visitation rights of one parent have been unrea-
sonably denied or interfered with by the other parent or parenting time,
the hearing officer or judge may shall enter an order providing for one
or more of the following:
(1) A specific schedule for visitation schedule or parenting time;
(2) compensating visitation or parenting time for the visitation denied
or interfered with to the party suffering interference or denial of visitation
or parenting time, which time shall be of the same type (e.g., holiday,
weekday, weekend, summer) as that denied or interfered with and for
which denial or interference was found and which shall be at the con-
venience of the parent whose visitation was denied or interfered with
party suffering the denial or interference of visitation or parenting time;
(3) the posting of a bond, either cash or with sufficient sureties, con-
ditioned upon compliance with the order granting visitation rights or par-
enting time;
(4) assessment of reasonable attorney fees, mediation costs and costs
of the proceedings to enforce visitation rights or parenting time against
the parent who unreasonably denied or interfered with the other parent's
visitation rights person responsible for the unreasonable denial or inter-
ference with visitation or parenting time other than the child;
(5) attendance of one or both parents more of the parties to the action
at counseling or educational sessions which focus on the impact of visi-
tation disputes on children of disputes regarding visitation or parenting
time. Expenses shall be assessed to the person responsible for the denial
or interference with visitation or parenting time;
(6) supervised visitation or parenting time; or
(7) any other remedy which the hearing officer or judge considers
appropriate, except that, if a hearing officer is not a district magistrate
judge or court trustee, the hearing officer shall not enter any order which
grants a new order, or modifies a previous an existing order granting, for
child support, child custody, residency, or maintenance.
(g) (h) Decisions of any hearing officer who is not a district magistrate
judges or court trustees appointed pursuant to this section judge shall be
subject to review by a district judge on the motion of any party filed within
10 days after the order was entered.
(h) (i) In no case shall final disposition of a motion filed pursuant to
this section take place more than 45 days after the filing of such motion.
Sec. 8. K.S.A. 1999 Supp. 23-1001 is hereby amended to read as
follows: 23-1001. Case management under this act is the process by which
a neutral case manager appointed by the court, or by a hearing officer in
a proceeding pursuant to K.S.A. 23-701, and amendments thereto, or
through agreement by the parties, assists the parties by providing a pro-
cedure, other than mediation, which facilitates negotiation of a plan for
child custody, residency or visitation or visitation parenting time. In the
event that the parties are unable to reach an agreement, the case manager
shall make recommendations to the court.
Sec. 9. K.S.A. 1999 Supp. 23-1002 is hereby amended to read as
follows: 23-1002. (a) The court may order case management, when ap-
propriate, of any contested issue of child custody or visitation parenting
time at any time, upon the motion of a party or on the court's own motion.
A hearing officer in a proceeding pursuant to K.S.A. 23-701, and amend-
ments thereto, may order case management, if appropriate, of a contested
issue of child visitation or parenting time in such a proceeding.
(b) Cases in which case management is appropriate shall include one
or more of the following circumstances:
(1) Private or public neutral dispute resolution services have been
tried and failed to resolve the disputes;
(2) other neutral services have been determined to be inappropriate
for the family;
(3) repetitive conflict occurs within the family, as evidenced by the
parties filing of at least two motions in a six-month period for enforce-
ment, modification or change of visitation residency, visitation, parenting
time or custody which are denied by the court; or
(4) a parent exhibits diminished capacity to parent.
(c) If the court or hearing officer orders case management under
subsection (a), the court or hearing officer shall appoint a case manager,
taking into consideration the following:
(1) An agreement by the parties to have a specific case manager ap-
pointed by the court or hearing officer;
(2) the financial circumstances of the parties and the costs assessed
by the case manager;
(3) the case manager's knowledge of (A) the Kansas judicial system
and the procedure used in domestic relations cases, (B) other resources
in the community to which parties can be referred for assistance, (C)
child development, (D) clinical issues relating to children, (E) the effects
of divorce on children and (F) the psychology of families; and
(4) the case manager's training and experience in the process and
techniques of alternative dispute resolution and case management.
(d) To qualify as an appointed case manager, an individual shall:
(1) Be qualified to conduct mediation;
(2) have experience as a mediator;
(3) attend a workshop, approved by the district court in which the
case is filed, on case management; and
(4) participate in continuing education regarding management issues.
Sec. 10. K.S.A. 1999 Supp. 38-1121 is hereby amended to read as
follows: 38-1121. (a) The judgment or order of the court determining the
existence or nonexistence of the parent and child relationship is deter-
minative for all purposes, but if any person necessary to determine the
existence of a father and child relationship for all purposes has not been
joined as a party, a determination of the paternity of the child shall have
only the force and effect of a finding of fact necessary to determine a
duty of support.
(b) If the judgment or order of the court is at variance with the child's
birth certificate, the court shall order that a new birth certificate be is-
sued, but only if any man named as the father on the birth certificate is
a party to the action.
(c) Upon adjudging that a party is the parent of a minor child, the
court shall make provision for support and education of the child includ-
ing the necessary medical expenses incident to the birth of the child. The
court may order the support and education expenses to be paid by either
or both parents for the minor child. When the child reaches 18 years of
age, the support shall terminate unless: (1) The parent or parents agree,
by written agreement approved by the court, to pay support beyond that
time; (2) the child reaches 18 years of age before completing the child's
high school education in which case the support shall not automatically
terminate, unless otherwise ordered by the court, until June 30 of the
school year during which the child became 18 years of age if the child is
still attending high school; or (3) the child is still a bona fide high school
student after June 30 of the school year during which the child became
18 years of age, in which case the court, on motion, may order support
to continue through the school year during which the child becomes 19
years of age so long as the child is a bona fide high school student and
the parents jointly participated or knowingly acquiesced in the decision
which delayed the child's completion of high school. The court, in ex-
tending support pursuant to subsection (c)(3), may impose such condi-
tions as are appropriate and shall set the child support utilizing the guide-
line table category for 16-year through 18-year old children. Provision for
payment of support and educational expenses of a child after reaching 18
years of age if still attending high school shall apply to any child subject
to the jurisdiction of the court, including those whose support was or-
dered prior to July 1, 1992. If an agreement approved by the court prior
to July 1, 1988, provides for termination of support before the date pro-
vided by subsection (c)(2), the court may review and modify such agree-
ment, and any order based on such agreement, to extend the date for
termination of support to the date provided by subsection (c)(2). If an
agreement approved by the court prior to July 1, 1992, provides for ter-
mination of support before the date provided by subsection (c)(3), the
court may review and modify such agreement, and any order based on
such agreement, to extend the date for termination of support to the date
provided by subsection (c)(3). For purposes of this section, "bona fide
high school student" means a student who is enrolled in full accordance
with the policy of the accredited high school in which the student is
pursuing a high school diploma or a graduate equivalency diploma
(GED). The judgment shall specify the terms of payment and shall re-
quire payment to be made through the clerk of the district court or the
court trustee except for good cause shown. The judgment may require
the party to provide a bond with sureties to secure payment. The court
may at any time during the minority of the child modify or change the
order of support, including any order issued in a title IV-D case, within
three years of the date of the original order or a modification order, as
required by the best interest of the child. If more than three years has
passed since the date of the original order or modification order, a re-
quirement that such order is in the best interest of the child need not be
shown. The court may make a modification of support retroactive to a
date at least one month after the date that the motion to modify was filed
with the court. Any increase in support ordered effective prior to the date
the court's judgment is filed shall not become a lien on real property
pursuant to K.S.A. 60-2202, and amendments thereto.
(d) If both parents are parties to the action, the court shall enter such
orders regarding custody, residency and visitation parenting time as the
court considers to be in the best interest of the child.
If the parties have an agreed parenting plan it shall be presumed the
agreed parenting plan is in the best interest of the child. This presumption
may be overcome and the court may make a different order if the court
makes specific findings of fact stating why the agreed parenting plan is
not in the best interest of the child. If the parties are not in agreement on
a parenting plan, each party shall submit a proposed parenting plan to
the court for consideration at such time before the final hearing as may
be directed by the court.
(e) In entering an original order for support of a child under this
section, the court may award an additional judgment to reimburse the
expenses of support and education of the child from the date of birth to
the date the order is entered. If the determination of paternity is based
upon a presumption arising under K.S.A. 38-1114 and amendments
thereto, the court shall award an additional judgment to reimburse all or
part of the expenses of support and education of the child from at least
the date the presumption first arose to the date the order is entered,
except that no additional judgment need be awarded for amounts accrued
under a previous order for the child's support.
(f) In determining the amount to be paid by a parent for support of
the child and the period during which the duty of support is owed ordered
in payment and duration of such payments, a court enforcing the obli-
gation of support shall consider all relevant facts including, but not limited
to, the following:
(1) The needs of the child.
(2) The standards of living and circumstances of the parents.
(3) The relative financial means of the parents.
(4) The earning ability of the parents.
(5) The need and capacity of the child for education.
(6) The age of the child.
(7) The financial resources and the earning ability of the child.
(8) The responsibility of the parents for the support of others.
(9) The value of services contributed by the custodial parent both
parents.
(g) The provisions of K.S.A. 23-4,107, and amendments thereto, shall
apply to all orders of support issued under this section.
(h) An order granting visitation rights parenting time pursuant to this
section may be enforced in accordance with K.S.A. 23-701, and amend-
ments thereto, or under the uniform child custody jurisdiction and en-
forcement act.
Sec. 11. K.S.A. 1999 Supp. 38-1132 is hereby amended to read as
follows: 38-1132. (a) Except as provided in subsection (d), a parent en-
titled to the custody of a child granted rights pursuant to subsection (d)
of K.S.A. 38-1121, and amendments thereto, shall give written notice to
the other parent who has been granted custodial or visitation rights rights
pursuant to subsection (d) of K.S.A. 38-1121, and amendments thereto,
not less than 21 30 days prior to: (1) Changing the residence of the child
to a place outside this state; or (2) removing the child from this state for
a period of time exceeding 90 days. Such notice shall be sent by restricted
mail, return receipt requested, to the last known address of the other
parent.
(b) Failure to give notice as required by subsection (a) is an indirect
civil contempt punishable as provided by law. In addition, the court may
assess, against the parent required to give notice, reasonable attorney fees
and any other expenses incurred by the other parent by reason of the
failure to give notice.
(c) A change of the residence or the removal of a child to another
state or removal of a child from this state for a period of time exceeding
90 days as described in subsection (a) may be considered a material
change of circumstances which justifies modification of a prior order of
child support or, custody or parenting time. In determining any such
motion, the court shall consider all factors the court deems appropriate
including, but not limited to:
(1) The effect of the move on the best interests of the child;
(2) the effect of the move on any party having rights granted pursuant
to subsection (d) of K.S.A. 38-1121, and amendments thereto; and
(3) the increased cost the move will impose on any party seeking to
exercise rights granted under subsection (d) of K.S.A. 38-1121, and
amendments thereto.
(d) A parent entitled to the custody of a child who has ben granted
rights pursuant to subsection (d) of K.S.A. 38-1121, and amendments
thereto, shall not be required to give the notice required by this section
to the other parent when the other parent has been convicted of any
crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, in which the child is the victim of
such crime.
(e) This section shall be part of and supplemental to the Kansas par-
entage act.
Sec. 12. K.S.A. 1999 Supp. 38-1138 is hereby amended to read as
follows: 38-1138. (a) The state registrar of vital statistics, in conjunction
with the secretary of social and rehabilitation services, shall review and,
as needed, revise acknowledgment of paternity forms for use under K.S.A.
38-1130 and 65-2409a, and amendments thereto. The acknowledgment
of paternity forms shall include or have attached a written description
pursuant to subsection (b) of the rights and responsibilities of acknowl-
edging paternity.
(b) A written description of the rights and responsibilities of acknowl-
edging paternity shall state the following:
(1) An acknowledgment of paternity creates a permanent father and
child relationship which can only be ended by court order. A person who
wants to revoke the acknowledgment of paternity must file the request
with the court before the child is one year old, unless the person was
under age 18 when the acknowledgment of paternity was signed. A person
under age 18 when the acknowledgment was signed has until one year
after his or her 18th birthday to file a request, but if the child is more
than one year old then, the judge will first consider the child's best in-
terests.
The person will have to show that the acknowledgment was based on
fraud, duress (threat) or an important mistake of fact, unless the request
is filed within 60 days of signing the acknowledgment or before any court
hearing about the child, whichever is earlier;
(2) both the father and the mother are responsible for the care and
support of the child. If necessary, this duty may be enforced through legal
action such as a child support order, an order to pay birth or other medical
expenses of the child or an order to repay government assistance pay-
ments for the child's care. A parent's willful failure to support the parent's
child is a crime;
(3) both the father and the mother have rights of custody and visi-
tation parenting time with the child unless a court order changes their
rights. If necessary, custody Custody, residency and visitation rights par-
enting time may be spelled out in a court order and enforced;
(4) both the father and the mother have the right to consent to med-
ical treatment for the child unless a court order changes those rights;
(5) the child may inherit from the father and the father's family or
from the mother and the mother's family. The child may receive public
benefits, including, but not limited to, social security or private benefits,
including, but not limited to, insurance or workers compensation because
of the father-child or mother-child relationship;
(6) the father or the mother may be entitled to claim the child as a
dependent for tax or other purposes. The father or the mother may inherit
from the child or the child's descendants; and
(7) each parent has the right to sign or not sign an acknowledgment
of paternity. Each parent has the right to talk with an attorney before
signing an acknowledgment of paternity. Each parent has the right to be
represented by an attorney in any legal action involving paternity or their
rights or duties as a parent. Usually each person is responsible for hiring
the person's own attorney.
(c) Any duty to disclose rights or responsibilities related to signing an
acknowledgment of paternity shall have been met by furnishing the writ-
ten disclosures of subsection (b). Any duty to disclose orally the rights or
responsibilities related to signing an acknowledgment of paternity may be
met by means of an audio recording of the disclosures of subsection (b).
(d) An acknowledgment of paternity completed without the written
disclosures of subsection (b) is not invalid solely for that reason and may
create a presumption of paternity pursuant to K.S.A. 38-1114 and amend-
ments thereto. Nothing in K.S.A. 1997 Supp. 38-1136 through 38-1138
and amendments thereto shall decrease the validity, force or effect of an
acknowledgment of paternity executed in this state prior to the effective
date of this act.
(e) Upon request, the state registrar of vital statistics shall provide a
certified copy of the acknowledgment of paternity to an office providing
IV-D program services.
Sec. 13. K.S.A. 1999 Supp. 38-16,119 is hereby amended to read as
follows: 38-16,119. (a) A party entitled to receive child support under an
order issued pursuant to the Kansas juvenile justice code may file with
the clerk of the district court in the county in which the judgment was
rendered the original child support order and the original income with-
holding order, if any. If the original child support or income withholding
order is unavailable for any reason, a certified or authenticated copy of
the order may be substituted. The clerk of the district court shall number
the child support order as a case filed under chapter 60 of the Kansas
Statutes Annotated and enter the numbering of the case on the appear-
ance docket of the case. Registration of a child support order under this
section shall be without cost or docket fee.
(b) If the number assigned to a case under the Kansas juvenile justice
code appears in the caption of a document filed pursuant to this section,
the clerk of the district court may obliterate that number and replace it
with the new case number assigned pursuant to this section.
(c) The filing of the child support order shall constitute registration
under this section. Upon registration of the child support order, all mat-
ters related to that order, including but not limited to modification of the
order, shall proceed under the new case number. Registration of a child
support order under this section does not confer jurisdiction in the reg-
istration case for custody or visitation parenting time issues.
(d) The party registering a child support order shall serve a copy of
the registered child support order and income withholding order, if any,
upon the interested parties by first-class mail. The party registering the
child support order shall file, in the official file for each child affected,
either a copy of the registered order showing the new case number or a
statement that includes the caption, new case number and date of reg-
istration of the child support order.
(e) If the commissioner of juvenile justice is entitled to receive pay-
ment under an order which may be registered under this section, the
county or district attorney shall take the actions permitted or required in
subsections (a) and (d) on behalf of the commissioner, unless otherwise
requested by the commissioner.
(f) A child support order registered pursuant to this section shall have
the same force and effect as an original child support order entered under
chapter 60 of the Kansas Statutes Annotated including, but not limited
to:
(1) The registered order shall become a lien on the real estate of the
judgment debtor in the county from the date of registration;
(2) execution or other action to enforce the registered order may be
had from the date of registration;
(3) the registered order may itself be registered pursuant to any law,
including but not limited to the revised uniform reciprocal enforcement
of support act (1968);
(4) if any installment of support due under the registered order be-
comes a dormant judgment, it may be revived pursuant to K.S.A. 60-2404
and amendments thereto; and
(5) the court shall have continuing jurisdiction over the parties and
subject matter and, except as otherwise provided in subsection (g), may
modify any prior support order when a material change in circumstances
is shown irrespective of the present domicile of the child or parents. The
court may make a modification of child support retroactive to a date at
least one month after the date that the motion to modify was filed with
the court.
(g) If a motion to modify the child support order is filed within three
months after the date of registration pursuant to this section; if no motion
to modify the order has previously been heard and if the moving party
shows that the support order was based upon one or more of the pre-
sumptions provided in K.S.A. 38-16,117, and amendments thereto, or
upon a stipulation pursuant to subsection (c) of K.S.A. 38-16,117, and
amendments thereto, the court shall apply the Kansas child support
guidelines adopted pursuant to K.S.A. 20-165 and amendments thereto
without requiring any party to show that a material change of circum-
stances has occurred, without regard to any previous presumption or stip-
ulation used to determine the amount of the child support order, and
irrespective of the present domicile of the child or parents. Nothing in
this subsection shall prevent or limit enforcement of the support order
during the three months after the date of registration.
Sec. 14. K.S.A. 1999 Supp. 60-1607 is hereby amended to read as
follows: 60-1607. (a) Permissible orders. After a petition for divorce, an-
nulment or separate maintenance has been filed, and during the pen-
dency of the action prior to final judgment the judge assigned to hear the
action may, without requiring bond, make and enforce by attachment,
orders which:
(1) Jointly restrain the parties with regard to disposition of the prop-
erty of the parties and provide for the use, occupancy, management and
control of that property;
(2) restrain the parties from molesting or interfering with the privacy
or rights of each other;
(3) provide for the legal custody of and residency of and parenting
time with the minor children and the support, if necessary, of either party
and of the minor children during the pendency of the action.;
(4) require mediation between the parties on issues, including, but
not limited to, child custody, residency, division of property, parenting
time and development of a parenting plan;
(4) (5) make provisions, if necessary, for the expenses of the suit,
including reasonable attorney's fees, that will insure to either party effi-
cient preparation for the trial of the case; or
(5) (6) require an investigation by court service officers into any issue
arising in the action.
(b) Ex parte orders. Orders authorized by subsections (a)(1), (2) and,
(3) and (4) may be entered after ex parte hearing upon compliance with
rules of the supreme court, but except that no ex parte order shall have
the effect of changing the custody residency of a minor child from the
parent who has had the sole de facto custody residency of the child to the
other parent unless there is sworn testimony to support a showing of
extraordinary circumstances. If an interlocutory order is issued ex parte,
the court shall hear a motion to vacate or modify the order within 15 days
of the date that on which a party requests a hearing whether to vacate or
modify the order. In the absence, disability, or disqualification of the
judge assigned to hear the action, any other judge of the district court
may make any order authorized by this section, including vacation or
modification or any order issued by the judge assigned to hear the action.
(c) Support orders. (1) An order of support obtained pursuant to this
section may be enforced by an order of garnishment as provided in this
section.
(2) No order of garnishment shall be issued under this section unless:
(A) Ten or more days have elapsed since the order of support was served
upon the party required to pay the support, and (B) the order of support
contained a notice that the order of support may be enforced by garnish-
ment and that the party has a right to request an opportunity for a hearing
to contest the issuance of an order of garnishment, if the hearing is re-
quested by motion filed within five days after service of the order of
support upon the party. If a hearing is requested, the court shall hold the
hearing within five days after the motion requesting the hearing is filed
with the court or at a later date agreed to by the parties.
(3) No bond shall be required for the issuance of an order of gar-
nishment pursuant to this section. Except as provided in this section,
garnishments authorized by this section shall be subject to the procedures
and limitations applicable to other orders of garnishment authorized by
law.
(4) A party desiring to have the order of garnishment issued shall file
an affidavit with the clerk of the district court stating that:
(A) The order of support contained the notice required by this sub-
section;
(B) ten or more days have elapsed since the order of support was
served upon the party required to pay the support; and
(C) either no hearing was requested on the issuance of an order of
garnishment within the five days after service of the order of support
upon the party required to pay the same or a hearing was requested and
held and the court did not prohibit the issuance of an order of garnish-
ment.
(d) If an interlocutory order for legal custody, residency, or parenting
time is sought, the party seeking such order shall file a proposed tempo-
rary parenting plan as provided by section 25, and amendments thereto,
at the time such order is sought. If any motion is filed to modify any such
interlocutory orders, or in opposition to a request for issuance of inter-
locutory orders, that party shall attach to such motion or opposition a
proposed alternative parenting plan.
(d) (e) Service of process. Service of process served under subsection
(a)(1) and (2) shall be by personal service and not by certified mail return
receipt requested.
Sec. 15. K.S.A. 1999 Supp. 60-1610 is hereby amended to read as
follows: 60-1610. A decree in an action under this article may include
orders on the following matters:
(a) Minor children. (1) Child support and education. The court shall
make provisions for the support and education of the minor children. The
court may modify or change any prior order, including any order issued
in a title IV-D case, within three years of the date of the original order
or a modification order, when a material change in circumstances is
shown, irrespective of the present domicile of the child or the parents. If
more than three years has passed since the date of the original order or
modification order, a material change in circumstance need not be shown.
The court may make a modification of child support retroactive to a date
at least one month after the date that the motion to modify was filed with
the court. Any increase in support ordered effective prior to the date the
court's judgment is filed shall not become a lien on real property pursuant
to K.S.A. 60-2202 and amendments thereto. Regardless of the type of
custodial arrangement ordered by the court, the court may order the child
support and education expenses to be paid by either or both parents for
any child less than 18 years of age, at which age the support shall ter-
minate unless: (A) The parent or parents agree, by written agreement
approved by the court, to pay support beyond the time the child reaches
18 years of age; (B) the child reaches 18 years of age before completing
the child's high school education in which case the support shall not ter-
minate automatically, unless otherwise ordered by the court, until June
30 of the school year during which the child became 18 years of age if
the child is still attending high school; or (C) the child is still a bona fide
high school student after June 30 of the school year during which the
child became 18 years of age, in which case the court, on motion, may
order support to continue through the school year during which the child
becomes 19 years of age so long as the child is a bona fide high school
student and the parents jointly participated or knowingly acquiesced in
the decision which delayed the child's completion of high school. The
court, in extending support pursuant to subsection (a)(1)(C), may impose
such conditions as are appropriate and shall set the child support utilizing
the guideline table category for 16-year through 18-year old children.
Provision for payment of support and educational expenses of a child after
reaching 18 years of age if still attending high school shall apply to any
child subject to the jurisdiction of the court, including those whose sup-
port was ordered prior to July 1, 1992. If an agreement approved by the
court prior to July 1, 1988, provides for termination of support before the
date provided by subsection (a)(1)(B), the court may review and modify
such agreement, and any order based on such agreement, to extend the
date for termination of support to the date provided by subsection
(a)(1)(B). If an agreement approved by the court prior to July 1, 1992,
provides for termination of support before the date provided by subsec-
tion (a)(1)(C), the court may review and modify such agreement, and any
order based on such agreement, to extend the date for termination of
support to the date provided by subsection (a)(1)(C). For purposes of this
section, "bona fide high school student" means a student who is enrolled
in full accordance with the policy of the accredited high school in which
the student is pursuing a high school diploma or a graduate equivalency
diploma (GED). In determining the amount to be paid for child support,
the court shall consider all relevant factors, without regard to marital
misconduct, including the financial resources and needs of both parents,
the financial resources and needs of the child and the physical and emo-
tional condition of the child. Until a child reaches 18 years of age, the
court may set apart any portion of property of either the husband or wife,
or both, that seems necessary and proper for the support of the child.
Every order requiring payment of child support under this section shall
require that the support be paid through the clerk of the district court or
the court trustee except for good cause shown. If the divorce decree of
the parties provides for an abatement of child support during any period
provided in such decree, the child support such nonresidential parent
owes for such period shall abate during such period of time, except that
if the residential parent shows that the criteria for the abatement has not
been satisfied there shall not be an abatement of such child support.
(2) Child custody and residency. (A) Changes in custody. Subject to
the provisions of the uniform child custody jurisdiction and enforcement
act (K.S.A. 38-1301 et seq., and amendments thereto), (sections 31
through 72, and amendments thereto), the court may change or modify
any prior order of custody, residency, visitation and parenting time, when
a material change of circumstances is shown, but no ex parte order shall
have the effect of changing the custody residency of a minor child from
the parent who has had the sole de facto custody residency of the child
to the other parent unless there is sworn testimony to support a showing
of extraordinary circumstances. If an interlocutory order is issued ex
parte, the court shall hear a motion to vacate or modify the order within
15 days of the date that a party requests a hearing whether to vacate or
modify the order.
(B) Examination of parties. The court may order physical or mental
examinations of the parties if requested pursuant to K.S.A. 60-235 and
amendments thereto.
(3) Child custody or residency criteria. The court shall determine
custody or residency of a child in accordance with the best interests of
the child.
(A) If the parties have a written agreement concerning the custody
or residency of their minor child, it is entered into a parenting plan, it
shall be presumed that the agreement is in the best interests of the child.
This presumption may be overcome and the court may make a different
order if the court makes specific findings of fact stating why the agree-
ment agreed parenting plan is not in the best interests of the child.
(B) In determining the issue of child custody or, residency of a child
and parenting time, the court shall consider all relevant factors, including
but not limited to:
(i) The length of time that the child has been under the actual care
and control of any person other than a parent and the circumstances
relating thereto;
(ii) the desires of the child's parents as to custody or residency;
(iii) the desires of the child as to the child's custody or residency;
(iv) the interaction and interrelationship of the child with parents,
siblings and any other person who may significantly affect the child's best
interests;
(v) the child's adjustment to the child's home, school and community;
(vi) the willingness and ability of each parent to respect and appre-
ciate the bond between the child and the other parent and to allow for a
continuing relationship between the child and the other parent; and
(vii) evidence of spousal abuse.
Neither parent shall be considered to have a vested interest in the
custody or residency of any child as against the other parent, regardless
of the age of the child, and there shall be no presumption that it is in the
best interests of any infant or young child to give custody or residency to
the mother.
(4) Types of legal custodial arrangements. Subject to the provisions
of this article, the court may make any order relating to custodial arrange-
ments which is in the best interests of the child. The order shall include,
but not be limited to, provide one of the following legal custody arrange-
ments, in the order of preference:
(A) Joint legal custody. The court may place the order the joint legal
custody of a child with both parties on a shared or joint-custody basis. In
that event, the parties shall have equal rights to make decisions in the
best interests of the child under their custody. When a child is placed in
the joint custody of the child's parents, the court may further determine
that the residency of the child shall be divided either in an equal manner
with regard to time of residency or on the basis of a primary residency
arrangement for the child. The court, in its discretion, may require the
parents to submit a plan for implementation of a joint custody order upon
finding that both parents are suitable parents or the parents, acting in-
dividually or in concert, may submit a custody implementation plan to
the court prior to issuance of a custody decree. If the court does not order
joint custody, it shall include in the record the specific findings of fact
upon which the order for custody other than joint custody is based.
(B) Sole legal custody. The court may place the order the sole legal
custody of a child with one parent, and the other parent shall be the
noncustodial parent. The custodial parent shall have the right to make
decisions in the best interests of the child, subject to the visitation rights
of the noncustodial parent. of the parties when the court finds that it is
not in the best interests of the child that both of the parties have equal
rights to make decisions pertaining to the child. If the court does not order
joint legal custody, the court shall include on the record specific findings
of fact upon which the order for sole legal custody is based. The award
of sole legal custody to one parent shall not deprive the other parent of
access to information regarding the child unless the court shall so order,
stating the reasons for that determination.
(C) Divided custody. In an exceptional case, the court may divide the
custody of two or more children between the parties.
(5) Types of residential arrangements. After making a determination
of the legal custodial arrangements, the court shall determine the resi-
dency of the child from the following options, which arrangement the
court must find to be in the best interest of the child. The parties shall
submit to the court either an agreed parenting plan or, in the case of
dispute, proposed parenting plans for the court's consideration. Such op-
tions are:
(A) Residency. The court may order a residential arrangement in
which the child resides with one or both parents on a basis consistent
with the best interests of the child.
(B) Divided residency. In an exceptional case, the court may order a
residential arrangement in which one or more children reside with each
parent and have parenting time with the other.
(D) (C) Nonparental custody residency. If during the proceedings the
court determines that there is probable cause to believe that: (i) the child
is a child in need of care as defined by subsections (a)(1), (2) or (3) of
K.S.A. 38-1502 and amendments thereto; (ii) or that neither parent is fit
to have custody; or (iii) the child is currently residing with such child's
grandparent, grandparents, aunt or uncle and such relative has had actual
physical custody of such child for a significant length of time residency,
the court may award temporary custody residency of the child to such
relative a grandparent, aunt, uncle or adult sibling, or, another person or
agency if the court finds the award of custody to such relative, another
person or agency is in the best interests of the child. In making such a
custody residency order, the court shall give preference, to the extent that
the court finds it is in the best interests of the child, first to awarding
such custody residency to a relative of the child by blood, marriage or
adoption and second to awarding such custody residency to another per-
son with whom the child has close emotional ties. The court may make
temporary orders for care, support, education and visitation that it con-
siders appropriate. Temporary custody residency orders are to be entered
in lieu of temporary orders provided for in K.S.A. 38-1542 and 38-1543,
and amendments thereto, and shall remain in effect until there is a final
determination under the Kansas code for care of children. An award of
temporary custody residency under this paragraph shall not terminate
parental rights nor give the court the authority to consent to the adoption
of the child. When the court enters orders awarding temporary custody
residency of the child to an agency or a person other than the parent but
not a relative as described in subpart (iii), the court shall refer a transcript
of the proceedings to the county or district attorney. The county or district
attorney shall file a petition as provided in K.S.A. 38-1531 and amend-
ments thereto and may request termination of parental rights pursuant
to K.S.A. 38-1581 and amendments thereto. The costs of the proceedings
shall be paid from the general fund of the county. When a final deter-
mination is made that the child is not a child in need of care, the county
or district attorney shall notify the court in writing and the court, after a
hearing, shall enter appropriate custody orders pursuant to this section.
If the same judge presides over both proceedings, the notice is not re-
quired. Any disposition pursuant to the Kansas code for care of children
shall be binding and shall supersede any order under this section. When
the court enters orders awarding temporary custody of the child to a
relative as described in subpart (iii), the court shall annually review the
temporary custody to evaluate whether such custody is still in the best
interests of the child. If the court finds such custody is in the best interests
of the child, such custody shall continue. If the court finds such custody
is not in the best interests of the child, the court shall determine the
custody pursuant to this section.
(b) Financial matters. (1) Division of property. The decree shall di-
vide the real and personal property of the parties, including any retire-
ment and pension plans, whether owned by either spouse prior to mar-
riage, acquired by either spouse in the spouse's own right after marriage
or acquired by the spouses' joint efforts, by: (A) a division of the property
in kind; (B) awarding the property or part of the property to one of the
spouses and requiring the other to pay a just and proper sum; or (C)
ordering a sale of the property, under conditions prescribed by the court,
and dividing the proceeds of the sale. Upon request, the trial court shall
set a valuation date to be used for all assets at trial, which may be the
date of separation, filing or trial as the facts and circumstances of the case
may dictate. The trial court may consider evidence regarding changes in
value of various assets before and after the valuation date in making the
division of property. In dividing defined-contribution types of retirement
and pension plans, the court shall allocate profits and losses on the non-
participant's portion until date of distribution to that nonparticipant. In
making the division of property the court shall consider the age of the
parties; the duration of the marriage; the property owned by the parties;
their present and future earning capacities; the time, source and manner
of acquisition of property; family ties and obligations; the allowance of
maintenance or lack thereof; dissipation of assets; the tax consequences
of the property division upon the respective economic circumstances of
the parties; and such other factors as the court considers necessary to
make a just and reasonable division of property. The decree shall provide
for any changes in beneficiary designation on: (A) Any insurance or an-
nuity policy that is owned by the parties, or in the case of group life
insurance policies, under which either of the parties is a covered person;
(B) any trust instrument under which one party is the grantor or holds a
power of appointment over part or all of the trust assets, that may be
exercised in favor of either party; or (C) any transfer on death or payable
on death account under which one or both of the parties are owners or
beneficiaries. Nothing in this section shall relieve the parties of the ob-
ligation to effectuate any change in beneficiary designation by the filing
of such change with the insurer or issuer in accordance with the terms
of such policy.
(2) Maintenance. The decree may award to either party an allowance
for future support denominated as maintenance, in an amount the court
finds to be fair, just and equitable under all of the circumstances. The
decree may make the future payments modifiable or terminable under
circumstances prescribed in the decree. The court may make a modifi-
cation of maintenance retroactive to a date at least one month after the
date that the motion to modify was filed with the court. In any event, the
court may not award maintenance for a period of time in excess of 121
months. If the original court decree reserves the power of the court to
hear subsequent motions for reinstatement of maintenance and such a
motion is filed prior to the expiration of the stated period of time for
maintenance payments, the court shall have jurisdiction to hear a motion
by the recipient of the maintenance to reinstate the maintenance pay-
ments. Upon motion and hearing, the court may reinstate the payments
in whole or in part for a period of time, conditioned upon any modifying
or terminating circumstances prescribed by the court, but the reinstate-
ment shall be limited to a period of time not exceeding 121 months. The
recipient may file subsequent motions for reinstatement of maintenance
prior to the expiration of subsequent periods of time for maintenance
payments to be made, but no single period of reinstatement ordered by
the court may exceed 121 months. Maintenance may be in a lump sum,
in periodic payments, on a percentage of earnings or on any other basis.
At any time, on a hearing with reasonable notice to the party affected,
the court may modify the amounts or other conditions for the payment
of any portion of the maintenance originally awarded that has not already
become due, but no modification shall be made without the consent of
the party liable for the maintenance, if it has the effect of increasing or
accelerating the liability for the unpaid maintenance beyond what was
prescribed in the original decree. Every order requiring payment of main-
tenance under this section shall require that the maintenance be paid
through the clerk of the district court or the court trustee except for good
cause shown.
(3) Separation agreement. If the parties have entered into a separa-
tion agreement which the court finds to be valid, just and equitable, the
agreement shall be incorporated in the decree. A separation agreement
may include provisions relating to a parenting plan. The provisions of the
agreement on all matters settled by it shall be confirmed in the decree
except that any provisions for the custody relating to the legal custody,
residency, visitation parenting time, support or education of the minor
children shall be subject to the control of the court in accordance with
all other provisions of this article. Matters settled by an agreement in-
corporated in the decree, other than matters pertaining to the legal cus-
tody, residency, visitation, parenting time, support or education of the
minor children, shall not be subject to subsequent modification by the
court except: (A) As prescribed by the agreement or (B) as subsequently
consented to by the parties.
(4) Costs and fees. Costs and attorney fees may be awarded to either
party as justice and equity require. The court may order that the amount
be paid directly to the attorney, who may enforce the order in the attor-
ney's name in the same case.
(c) Miscellaneous matters. (1) Restoration of name. Upon the request
of a spouse, the court shall order the restoration of that spouse's maiden
or former name.
(2) Effective date as to remarriage. Any marriage contracted by a
party, within or outside this state, with any other person before a judg-
ment of divorce becomes final shall be voidable until the decree of divorce
becomes final. An agreement which waives the right of appeal from the
granting of the divorce and which is incorporated into the decree or
signed by the parties and filed in the case shall be effective to shorten
the period of time during which the remarriage is voidable.
Sec. 16. K.S.A. 60-1612 is hereby amended to read as follows: 60-
1612. (a) If a party fails to comply with a provision of a decree, temporary
order or injunction issued under K.S.A. 60-1601 et seq., the obligation of
the other party to make payments for support or maintenance or to permit
visitation or parenting time is not suspended, but the other party may
request by motion that the court grant an appropriate order.
(b) Motions to modify visitation legal custody, residency, visitation
rights or parenting time or custody in proceedings where support obli-
gations are enforced under part D of title IV of the federal social security
act (42 USC § 651 et seq.), as amended, shall be considered proceedings
in connection with the administration of the title IV-D program for the
sole purpose of disclosing information necessary to obtain service of pro-
cess on the parent with physical custody of the child.
Sec. 17. K.S.A. 60-1614 is hereby amended to read as follows: 60-
1614. The court may interview the minor children in chambers to assist
the court in determining legal custody, residency, visitation rights and
visitation parenting time. The court may permit counsel to be present at
the interviews. Upon request of any party, the court shall cause a record
of the interview to be made as part of the record in the case.
Sec. 18. K.S.A. 60-1615 is hereby amended to read as follows: 60-
1615. (a) Investigation and report. In contested any proceeding in which
legal custody proceedings, residency, visitation rights or parenting time
are contested, the court may order an investigation and report concerning
custodial arrangements for the child the appropriate legal custody, resi-
dency, visitation rights and parenting time to be granted to the parties.
The investigation and report may be made by court services officers or
any consenting person or agency employed by the court for that purpose.
The court may use the department of social and rehabilitation services to
make the investigation and report if no other source is available for that
purpose. The costs for making the investigation and report may be as-
sessed as court costs in the case as provided in article 20 of chapter 60
of the Kansas Statutes Annotated, and amendments thereto.
(b) Consultation. In preparing the report concerning a child, the in-
vestigator may consult any person who may have information about the
child and the potential legal custodial arrangements. Upon order of the
court, the investigator may refer the child to professional personnel other
professionals for diagnosis. The investigator may consult with and obtain
information from medical, psychiatric or other expert persons who have
served the child in the past. If the requirements of subsection (c) are
fulfilled, the investigator's report may be received in evidence at the hear-
ing.
(c) Use of report and investigator's testimony. The court shall make
the investigator's report available prior to the hearing to counsel or to any
party not represented by counsel. Upon motion of either party, the report
may be made available to a party represented by counsel, unless the court
finds that such distribution would be harmful to either party, the child
or other witnesses. Any party to the proceeding may call the investigator
and any person whom the investigator has consulted for cross-examina-
tion. In consideration of the mental health or best interests of the child,
the court may approve a stipulation that the interview records not be
divulged to the parties.
Sec. 19. K.S.A. 1999 Supp. 60-1616 is hereby amended to read as
follows: 60-1616. (a) Parents. A parent not granted custody or residency
of the child is entitled to reasonable visitation rights parenting time unless
the court finds, after a hearing, that visitation the exercise of parenting
time would seriously endanger seriously the child's physical, mental,
moral or emotional health.
(b) Grandparents and stepparents. Grandparents and stepparents
may be granted visitation rights.
(c) Modification. The court may modify an order granting or denying
parenting time or visitation rights whenever modification would serve the
best interests of the child.
(d) Enforcement of rights. An order granting visitation rights or par-
enting time to a parent pursuant to this section may be enforced in ac-
cordance with the uniform child custody jurisdiction and enforcement act,
or K.S.A. 23-701, and amendments thereto.
(e) Repeated denial of rights, effect. Repeated unreasonable denial of
or interference with visitation rights or parenting time granted to a parent
pursuant to this section may be considered a material change of circum-
stances which justifies modification of a prior order of child legal custody,
residency, visitation or parenting time.
(f) Repeated child support misuse, effect. Repeated child support mis-
use may be considered a material change of circumstances which justifies
modification of a prior order of child custody.
(g) (f) Court ordered exchange or visitation parenting time at a child
exchange and visitation parenting time center. (1) The court may order
exchange or visitation to take place at a child exchange and visitation
center, as established in K.S.A. 75-720 and amendments thereto.
(2) A parent Any party may petition the court to modify an order
granting visitation rights or parenting time rights to require that the
exchange or transfer of children for visitation or visitation parenting time
take place at a child exchange and visitation center, as established in
K.S.A. 75-720 and amendments thereto. The court may modify an order
granting visitation rights visitation whenever modification would serve the
best interests of the child.
Sec. 20. K.S.A. 60-1617 is hereby amended to read as follows: 60-
1617. (a) Family counseling. Upon motion by any party or on the court's
own motion, the court may order At any time prior to or subsequent to
the alteration of the parties' marital status that the the court may order
that any party or parties and any of their children be interviewed by a
psychiatrist, licensed psychologist or other trained professional in family
counseling, approved by the court, for the purpose of determining
whether it is in the best interests of any of the parties' children that the
parties and any of their children have counseling with regard to regarding
matters of legal custody and, residency, visitation or parenting time. The
court shall receive the written opinion of the professional, and the court
shall make the opinion available to counsel upon request. Counsel may
examine as a witness any as provided by K.S.A. 60-1615, and amendments
thereto. Any professional consulted by the court under this section may
be examined as a witness. If the opinion of the professional is that coun-
seling is in the best interests of any of the children, the court may order
the parties and any of the children to obtain counseling. Neither party
shall be required to obtain counseling pursuant to this section if the party
objects thereto because the counseling conflicts with sincerely held relig-
ious tenets and practices to which any party is an adherent.
(b) Costs. The costs of the counseling shall be taxed to either party
as equity and justice require.
Sec. 21. K.S.A. 1999 Supp. 60-1620 is hereby amended to read as
follows: 60-1620. (a) Except as provided in subsection (d), a parent en-
titled to the entitled to legal custody of or residency of or parenting time
with a child pursuant to K.S.A. 60-1610 and amendments thereto shall
give written notice to the other parent not less than 21 30 days prior to:
(1) Changing the residence of the child to a place outside this state; or
(2) removing the child from this state for a period of time exceeding 90
days. Such notice shall be sent by restricted mail, return receipt re-
quested, to the last known address of the other parent.
(b) Failure to give notice as required by subsection (a) is an indirect
civil contempt punishable as provided by law. In addition, the court may
assess, against the parent required to give notice, reasonable attorney fees
and any other expenses incurred by the other parent by reason of the
failure to give notice.
(c) A change of the residence or the removal of a child to another
state or removal of a child from this state for a period of time exceeding
90 days as described in subsection (a) may be considered a material
change of circumstances which justifies modification of a prior order of
legal custody, residency, child support or custody or parenting time. In
determining any motion seeking a modification of a prior order based on
change of residence or removal as described in (a), the court shall consider
all factors the court deems appropriate including, but not limited to: (1)
The effect of the move on the best interests of the child; (2) the effect of
the move on any party having rights granted pursuant to K.S.A. 60-1610,
and amendments thereto; and (3) the increased cost the move will impose
on any party seeking to exercise rights granted under K.S.A. 60-1610, and
amendments thereto.
(d) A parent entitled to the legal custody or residency of a child pur-
suant to K.S.A. 60-1610 and amendments thereto shall not be required
to give the notice required by this section to the other parent when the
other parent has been convicted of any crime specified in article 34, 35
or 36 of chapter 21 of the Kansas Statutes Annotated in which the child
is the victim of such crime.
Sec. 22. K.S.A. 1999 Supp. 60-1621 is hereby amended to read as
follows: 60-1621. (a) No postdivorce post-decree motion petitioning for a
change in child legal custody, residency, visitation rights or parenting
time, or for a modification of child support or a change in visitation shall
be filed or docketed in the district court without payment of a docket fee
in the amount of $20 to the clerk of the district court.
(b) A poverty affidavit may be filed in lieu of a docket fee as estab-
lished in K.S.A. 60-2001, and amendments thereto.
(c) The docket fee shall be the only costs assessed in each case for
services of the clerk of the district court and the sheriff. The docket fee
shall be disbursed in accordance with subsection (f) of K.S.A. 20-362, and
amendments thereto.
Sec. 23. K.S.A. 1999 Supp. 60-3106 is hereby amended to read as
follows: 60-3106. (a) Within 20 days of the filing of a petition under this
act a hearing shall be held at which the plaintiff must prove the allegation
of abuse by a preponderance of the evidence and the defendant shall
have an opportunity to present evidence on the defendant's behalf. Upon
the filing of the petition, the court shall set the case for hearing. At the
hearing, the court shall advise the parties of the right to be represented
by counsel.
(b) Prior to the hearing on the petition and upon a finding of good
cause shown, the court on motion of a party may enter such temporary
relief orders in accordance with subsection (a)(1), (2), (4) or (5) of K.S.A.
60-3107 and amendments thereto, or any combination thereof, as it
deems necessary to protect the plaintiff or minor children from abuse.
Temporary orders may be granted ex parte. Immediate and present dan-
ger of abuse to the plaintiff or minor children shall constitute good cause
for purposes of this section. No temporary order shall have the effect of
modifying an existing order granting legal custody, residency, visitation
or visitation parenting time order unless there is sworn testimony at a
hearing to support a showing of good cause.
(c) If a hearing under subsection (a) is continued, the court may make
or extend such temporary orders under subsection (b) as it deems nec-
essary.
Sec. 24. K.S.A. 1999 Supp. 60-3107 is hereby amended to read as
follows: 60-3107. (a) The court shall be empowered to approve any con-
sent agreement to bring about a cessation of abuse of the plaintiff or
minor children or grant any of the following orders:
(1) Restraining the parties from abusing, molesting or interfering
with the privacy or rights of each other or of any minor children of the
parties. Such order shall contain a statement that if such order is violated,
such violation may constitute assault as provided in K.S.A. 21-3408, and
amendments thereto, battery as provided in K.S.A. 21-3412, and amend-
ments thereto, and violation of a protective order as provided in K.S.A.
1998 1999 Supp. 21-3843, and amendments thereto.
(2) Granting possession of the residence or household to a party to
the exclusion of the other party, and further restraining the party not
granted possession from entering or remaining upon or in such residence
or household, subject to the limitation of subsection (c). Such order shall
contain a statement that if such order is violated, such violation shall
constitute criminal trespass as provided in subsection (c) of K.S.A. 21-
3721, and amendments thereto, and violation of a protective order as
provided in K.S.A. 1998 1999 Supp. 21-3843, and amendments thereto.
The court may grant an order, which shall expire 60 days following the
date of issuance, restraining the party not granted possession from can-
celling utility service to the residence or household.
(3) Requiring a party to provide suitable, alternate housing for such
party's spouse and any minor children of the parties.
(4) Awarding temporary custody and residency and establishing tem-
porary visitation rights parenting time with regard to minor children.
(5) Ordering a law enforcement officer to evict a party from the res-
idence or household.
(6) Ordering support payments by a party for the support of a party's
minor child or a party's spouse. Such support orders shall remain in effect
until modified or dismissed by the court or until expiration and shall be
for a fixed period of time not to exceed one year. On the motion of the
plaintiff, the court may extend the effect of such order for 12 months.
(7) Awarding costs and attorney fees to either party.
(8) Making provision for the possession of personal property of the
parties and ordering a law enforcement officer to assist in securing pos-
session of that property, if necessary.
(9) Requiring the person against whom the order is issued to seek
counseling to aid in the cessation of abuse.
(b) Any order entered under the protection from abuse act shall not
be subject to modification on ex parte application or on motion for tem-
porary orders in any action filed pursuant to K.S.A. 60-1601 et seq., or
K.S.A. 38-1101 et seq., and amendments thereto. Orders previously issued
in an action filed pursuant to K.S.A. 60-1601 et seq., or K.S.A. 38-1101
et seq., and amendments thereto, shall be subject to modification under
the protection from abuse act only as to those matters subject to modi-
fication by the terms of K.S.A. 60-1610 et seq., and amendments thereto,
and on sworn testimony to support a showing of good cause. Immediate
and present danger of abuse to the plaintiff or minor children shall con-
stitute good cause. If an action is filed pursuant to K.S.A. 60-1610 et seq.,
or K.S.A. 38-1101 et seq., and amendments thereto, during the pendency
of a proceeding filed under the protection from abuse act or while an
order issued under the protection from abuse act is in effect, the court,
on final hearing or on agreement of the parties, may issue final orders
authorized by K.S.A. 60-1610 and amendments thereto, that are incon-
sistent with orders entered under the protection from abuse act. Any
inconsistent order entered pursuant to this subsection shall be specific in
its terms, reference the protection from abuse order and parts thereof
being modified and a copy thereof shall be filed in both actions. The court
shall consider whether the actions should be consolidated in accordance
with K.S.A. 60-242 and amendments thereto.
(c) If the parties to an action under the protection from abuse act are
not married to each other and one party owns the residence or household,
the court shall not have the authority to grant possession of the residence
or household under subsection (a)(2) to the exclusion of the party who
owns it.
(d) Subject to the provisions of subsections (b) and (c), a protective
order or approved consent agreement shall remain in effect until modified
or dismissed by the court and shall be for a fixed period of time not to
exceed one year, except that, on motion of the plaintiff, such period may
be extended for one additional year.
(e) The court may amend its order or agreement at any time upon
motion filed by either party.
(f) No order or agreement under the protection from abuse act shall
in any manner affect title to any real property.
(g) If a person enters or remains on premises or property violating
an order issued pursuant to subsection (a)(2), such violation shall consti-
tute criminal trespass as provided in subsection (c) of K.S.A. 21-3721, and
amendments thereto, and violation of a protective order as provided in
K.S.A. 1998 Supp. 21-3843, and amendments thereto. If a person abuses,
molests or interferes with the privacy or rights of another violating an
order issued pursuant to subsection (a)(1), such violation may constitute
assault as provided in K.S.A. 21-3408, and amendments thereto, battery
as provided in K.S.A. 21-3412, and amendments thereto, and violation of
a protective order as provided in K.S.A. 1998 Supp. 21-3843, and amend-
ments thereto.
New Sec. 25. (a) "Temporary parenting plan" means an agreement
or order issued defining the legal custody, residency and parenting time
to be exercised by parents with regard to a child between the time of
filing of a matter in which a parenting plan may be entered, and any other
provisions regarding the child's care which may be in the best interest of
the child, until a final order is issued.
(b) "Permanent parenting plan" means an agreement between par-
ents which is incorporated into an order at a final hearing or an order or
decree issued at a final hearing without agreement that establishes legal
custody, residency, parenting time and other matters regarding a child
custody arrangement in a matter in which a parenting plan may be en-
tered.
(c) "Legal custody" means the allocation of parenting responsibilities
between parents, or any person acting as a parent, including decision
making rights and responsibilities pertaining to matters of child health,
education and welfare.
New Sec. 26. (a) The court may enter a temporary parenting plan in
any case in which temporary orders relating to child custody is authorized.
(b) If the court deems it appropriate, a temporary parenting plan
approved by the court may include one or more of the following provi-
sions regarding children involved in the matter before the court:
(1) Designation of the temporary legal custody of the child;
(2) designation of a temporary residence for the child;
(3) allocation of parental rights and responsibilities regarding matters
pertaining to the child's health, education and welfare;
(4) a schedule for the child's time with each parent, when appropri-
ate.
(c) A parent seeking a temporary order in which matters of child
custody, residency, or parenting time are included shall file a proposed
temporary parenting plan contemporaneous with any request for issuance
of such temporary orders, which plan shall be served with any such tem-
porary orders.
(d) If the parent who has not filed a proposed temporary parenting
plan disputes the allocation of parenting responsibilities, residency, par-
enting time or other matters included in the proposed temporary par-
enting plan, that parent shall file and serve a responsive proposed tem-
porary parenting plan.
(e) Either parent may move to have a proposed temporary parenting
plan entered as part of a temporary order. The parents may enter an
agreed temporary parenting plan at any time as part of a temporary order.
(f) A parent may move for amendment of a temporary parenting plan,
and the court may order amendment to the temporary parenting plan, if
the amendment is in the best interest of the child.
(g) If a proceeding for divorce, separate maintenance, annulment or
determination of parentage is dismissed, any temporary parenting plan is
vacated.
New Sec. 27. (a) The objectives of the permanent parenting plan are
to:
(1) Establish a proper allocation of parental rights and responsibili-
ties;
(2) establish an appropriate working relationship between the parents
such that matters regarding the health, education and welfare of their
child is best determined;
(3) provide for the child's physical care;
(4) set forth an appropriate schedule of parenting time;
(5) maintain the child's emotional stability;
(6) provide for the child's changing needs as the child grows and
matures in a way that minimizes the need for future modifications to the
permanent parenting plan;
(7) minimize the child's exposure to harmful parental conflict;
(8) encourage the parents, where appropriate, to meet their respon-
sibilities to their minor children through agreements in the permanent
parenting plan, rather than by relying on judicial intervention; and
(9) otherwise protect the best interests of the child.
(b) A permanent parenting plan may consist of a general outline of
how parental responsibilities and parenting time will be shared and may
allow the parents to develop a more detailed agreement on an informal
basis; however, a permanent parenting plan must set forth the following
minimum provisions:
(1) Designation of the legal custodial relationship of the child;
(2) a schedule for the child's time with each parent, when appropri-
ate; and
(3) a provision for a procedure by which disputes between the parents
may be resolved without need for court intervention.
(c) A detailed permanent parenting plan shall include those provi-
sions required by subsection (b), and may include, but need not be limited
to, provisions relating to:
(1) Residential schedule;
(2) holiday, birthday and vacation planning;
(3) weekends, including holidays and school inservice days preceding
or following weekends;
(4) allocation of parental rights and responsibilities regarding matters
pertaining to the child's health, education and welfare;
(5) sharing of and access to information regarding the child;
(6) relocation of parents;
(7) telephone access;
(8) transportation; and
(9) methods for resolving disputes.
(d) The court shall develop a permanent parenting plan, which may
include such detailed provisions as the court deems appropriate, when:
(1) So requested by either parent; or
(2) the parent or parents are unable to develop a parenting plan.
New Sec. 28. (a) The court shall inform the parents, or require them
to be informed, about:
(1) How to prepare a parenting plan;
(2) the impact of family dissolution on children and how the needs
of children facing family dissolution can best be addressed;
(3) the impact of domestic abuse on children, and resources for ad-
dressing domestic abuse; and
(4) mediation or other nonjudicial procedures designed to help them
achieve an agreement.
(b) The court may require the parents to attend parent education
classes.
(c) If parents are unable to resolve issues and agree to a parenting
plan, the court may require mediation, unless mediation is determined
inappropriate in the particular case.
(d) The clerk of the district court shall supply forms and information
prescribed by the supreme court which may be used for submission of
temporary and permanent parenting plans.
New Sec. 29. (a) An action for interspousal tort shall not be consol-
idated with an action under K.S.A. 60-1601, et seq., and amendments
thereto, unless the parties agree to consolidation and consolidation is
approved by the court.
(b) A decree of divorce or separate maintenance granted under sub-
sections (a)(1) or (3) of K.S.A. 60-1601, and amendments thereto, shall
not preclude an action for interspousal tort.
(c) A decree of divorce or separate maintenance granted under sub-
section (a)(2) of K.S.A. 60-1601, and amendments thereto, shall preclude
an action for interspousal tort based upon the same factual allegations.
An action for interspousal tort which has been finally determined shall
preclude an action under subsection (a)(2) of K.S.A. 60-1601, and amend-
ments thereto, based upon the same factual allegations.
New Sec. 30. (a) A party filing a motion to modify a final order per-
taining to child custody or residential placement pursuant to K.S.A. 38-
1101 et seq. or K.S.A. 60-1601 et seq., and amendments thereto, shall
include with specificity in the verified motion, or in an accompanying
affidavit, all known factual allegations which constitute the basis for the
change of custody or residential placement. If the court finds that the
allegations set forth in the motion or the accompanying affidavit fail to
establish a prima facie case, the court shall deny the motion. If the court
finds that the motion establishes a prima facie case, the matter may be
tried on factual issues.
(b) In the event the court is asked to issue an ex parte order modifying
a final child custody or residential placement order based on alleged
emergency circumstances, the court shall:
(1) Attempt to have the nonmoving party's counsel, if any, present
before taking up the matter.
(2) Set the matter for review hearing at the earliest possible court
setting after issuance of the ex parte order, but in no case later than 15
days after issuance.
(3) Require personal service of the order and notice of review hearing
on the nonmoving party.
No ex parte order modifying a final custody or residential placement
order shall be entered without sworn testimony to support a showing of
the alleged emergency.
New Sec. 31. (UCCJEA 101). The provisions of sections 31 through
72 may be cited as the uniform child-custody jurisdiction and enforce-
ment act.
New Sec. 32. (UCCJEA 102). As used in sections 31 through 72:
(1) "Abandoned" means left without provision for reasonable and
necessary care or supervision.
(2) "Act" means the uniform child-custody jurisdiction and enforce-
ment act.
(3) "Child" means an individual who has not attained 18 years of age.
(4) "Child-custody determination" means a judgment, decree or
other order of a court providing for the legal custody, physical custody or
visitation with respect to a child. The term includes a permanent, tem-
porary, initial and modification order. The term does not include an order
relating to child support or other monetary obligation of an individual.
(5) "Child-custody proceeding" means a proceeding in which legal
custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse,
dependency, guardianship, paternity, termination of parental rights, and
protection from domestic violence, in which the issue may appear. The
term does not include a proceeding involving juvenile delinquency, con-
tractual emancipation, or enforcement under sections 53 through 69 and
amendments thereto.
(6) "Commencement" means the filing of the first pleading in a pro-
ceeding.
(7) "Court" means an entity authorized under the law of a state to
establish, enforce, or modify a child-custody determination.
(8) "Home state" means the state in which a child lived with a parent
or a person acting as a parent for at least six consecutive months imme-
diately before the commencement of a child-custody proceeding. In the
case of a child less than six months of age, the term means the state in
which the child lived from birth with any of the persons mentioned. A
period of temporary absence of any of the mentioned persons is part of
the period.
(9) "Initial determination" means the first child-custody determina-
tion concerning a particular child.
(10) "Issuing court" means the court that makes a child-custody de-
termination for which enforcement is sought under this act.
(11) "Issuing state" means the state in which a child-custody deter-
mination is made.
(12) "Modification" means a child-custody determination that
changes, replaces, supersedes, or is otherwise made after a previous de-
termination concerning the same child, whether or not it is made by the
court that made the previous determination.
(13) "Person" means an individual, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint venture,
government; governmental subdivision, agency, or instrumentality; public
corporation; or any other legal or commercial entity.
(14) "Person acting as a parent" means a person, other than a parent,
who:
(A) Has physical custody of the child or has had physical custody for
period of six consecutive months, including any temporary absence,
within one year immediately before the commencement of a child-cus-
tody proceeding; and
(B) has been awarded legal custody by a court or claims a right to
legal custody under the law of this state.
(15) "Physical custody" means the physical care and supervision of a
child.
(16) "State" means a state of the United States, the District of Co-
lumbia, Puerto Rico, the United States Virgin Islands, or any territory or
insular possession subject to the jurisdiction of the United States.
(17) "Tribe" means an Indian tribe or band, or Alaskan Native village,
which is recognized by federal law or formally acknowledged by a state.
(18) "Warrant" means an order issued by a court authorizing law
enforcement officers to take physical custody of a child.
New Sec. 33. (UCCJEA 103). This act does not govern a proceeding
pertaining to the authorization of emergency medical care for a child.
New Sec. 34. (UCCJEA 104). (a) A child-custody proceeding that
pertains to an Indian child as defined in the Indian child welfare act, 25
U.S.C. § 1901 et seq., is not subject to this act to the extent that it is
governed by the Indian child welfare act.
(b) A court of this state shall treat a tribe as if it were a state of the
United States for the purpose of applying sections 31 through 52 and
amendments thereto.
(c) A child-custody determination made by a tribe under factual cir-
cumstances in substantial conformity with the jurisdictional standards of
this act must be recognized and enforced under sections 53 through 69
and amendments thereto.
New Sec. 35. (UCCJEA 105). (a) A court of this state shall treat a
foreign country as if it were a state of the United States for the purpose
of applying sections 31 through 52 and amendments thereto.
(b) Except as otherwise provided in subsection (c), a child-custody
determination made in a foreign country under factual circumstances in
substantial conformity with the jurisdictional standards of this act must
be recognized and enforced under sections 53 through 69 and amend-
ments thereto.
(c) A court of this state need not apply this act if the child custody
law of a foreign country violates fundamental principles of human rights.
New Sec. 36. (UCCJEA 106). A child-custody determination made
by a court of this state that had jurisdiction under this act binds all persons
who have been served in accordance with the laws of this state or notified
in accordance with section 38 and amendments thereto, or who have
submitted to the jurisdiction of the court, and who have been given an
opportunity to be heard. As to those persons, the determination is con-
clusive as to all decided issues of law and fact except to the extent the
determination is modified.
New Sec. 37. (UCCJEA 107). If a question of existence or exercise
of jurisdiction under this act is raised in a child-custody proceeding, the
question, upon request of a party, must be given priority on the calendar
and handled expeditiously.
New Sec. 38. (UCCJEA 108). (a) Notice required for the exercise of
jurisdiction when a person is outside this state may be given in a manner
prescribed by the law of this state for service of process or by the law of
the state in which the service is made. Notice must be given in a manner
reasonably calculated to give actual notice but may be by publication if
other means are not effective.
(b) Proof of service may be made in the manner prescribed by the
law of this state or by the law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect
to a person who submits to the jurisdiction of the court.
New Sec. 39. (UCCJEA 109). (a) A party to a child-custody pro-
ceeding, including a modification proceeding, or a petitioner or respon-
dent in a proceeding to enforce or register a child-custody determination,
is not subject to personal jurisdiction in this state for another proceeding
or purpose solely by reason of having participated, or of having been
physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this state on a
basis other than physical presence is not immune from service of process
in this state. A party present in this state who is subject to the jurisdiction
of another state is not immune from service of process allowable under
the laws of that state.
(c) The immunity granted by subsection (a) does not extend to civil
litigation based on acts unrelated to the participation in a proceeding
under this act committed by an individual while present in this state.
New Sec. 40. (UCCJEA 110). (a) A court of this state may commu-
nicate with a court in another state concerning a proceeding arising under
this act.
(b) The court may allow the parties to participate in the communi-
cation. If the parties are not able to participate in the communication,
they must be given the opportunity to present facts and legal arguments
before a decision on jurisdiction is made.
(c) Communication between courts on schedules, calendars, court
records, and similar matters may occur without informing the parties. A
record need not be made of the communication.
(d) Except as otherwise provided in subsection (c), a record must be
made of a communication under this section. The parties must be in-
formed promptly of the communication and granted access to the record.
(e) For the purposes of this section, "record" means information that
is inscribed on a tangible medium or that is stored in an electronic or
other medium and is retrievable in perceivable form.
New Sec. 41. (UCCJEA 111). (a) In addition to other procedures
available to a party, a party to a child-custody proceeding may offer tes-
timony of witnesses who are located in another state, including testimony
of the parties and the child, by deposition or other means allowable in
this state for testimony taken in another state. The court on its own mo-
tion may order that the testimony of a person be taken in another state
and may prescribe the manner in which and the terms upon which the
testimony is taken.
(b) A court of this state may permit an individual residing in another
state to be deposed or to testify by telephone, audiovisual means, or other
electronic means before a designated court or at another location in that
state. A court of this state shall cooperate with courts of other states in
designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court
of this state by technological means that do not produce an original writing
may not be excluded from evidence on an objection based on the means
of transmission.
New Sec. 42. (UCCJEA 112). (a) A court of this state may request
the appropriate court of another state to:
(1) Hold an evidentiary hearing;
(2) order a person to produce or give evidence pursuant to proce-
dures of that state;
(3) order that an evaluation be made with respect to the custody of
a child involved in a pending proceeding;
(4) forward to the court of this state a certified copy of the transcript
of the record of the hearing, the evidence otherwise presented, and any
evaluation prepared in compliance with the request; and
(5) order a party to a child-custody proceeding or any person having
physical custody of the child to appear in the proceeding with or without
the child.
(b) Upon request of a court of another state, a court of this state may
hold a hearing or enter an order described in subsection (a).
(c) Travel and other necessary and reasonable expenses incurred un-
der subsections (a) and (b) may be assessed against the parties according
to the law of this state.
(d) A court of this state shall preserve the pleadings, orders, decrees,
records of hearings, evaluations, and other pertinent records with respect
to a child-custody proceeding until the child attains 18 years of age. Upon
appropriate request by a court or law enforcement official of another
state, the court shall forward a certified copy of those records.
New Sec. 43. (UCCJEA 201). (a) Except as otherwise provided in
section 46 and amendments thereto, a court of this state has jurisdiction
to make an initial child-custody determination only if:
(1) This state is the home state of the child on the date of the com-
mencement of the proceeding, or was the home state of the child within
six months before the commencement of the proceeding and the child is
absent from this state but a parent or person acting as a parent continues
to live in this state;
(2) a court of another state does not have jurisdiction under para-
graph (1), or a court of the home state of the child has declined to exercise
jurisdiction on the ground that this state is the more appropriate forum
under section 49 or 50 and amendments thereto, and:
(A) The child and the child's parents, or the child and at least one
parent or a person acting as a parent, have a significant connection with
this state other than mere physical presence; and
(B) substantial evidence is available in this state concerning the child's
care, protection, training, and personal relationships;
(3) all courts having jurisdiction under paragraph (1) or (2) have de-
clined to exercise jurisdiction on the ground that a court of this state is
the more appropriate forum to determine the custody of the child under
section 49 or 50 and amendments thereto; or
(4) no court of any other state would have jurisdiction under the
criteria specified in paragraph (1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis for making a
child-custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or a
child is not necessary or sufficient to make a child-custody determination.
New Sec. 44. (UCCJEA 202). (a) Except as otherwise provided in
section 46 and amendments thereto, a court of this state which has made
a child-custody determination consistent with section 43 or 45 and
amendments thereto, has exclusive, continuing jurisdiction over the de-
termination until:
(1) A court of this state determines that neither the child, the child's
parents, and any person acting as a parent do not have a significant con-
nection with this state and that substantial evidence is no longer available
in this state concerning the child's care, protection, training, and personal
relationships; or
(2) a court of this state or a court of another state determines that
the child, the child's parents, and any person acting as a parent do not
presently reside in this state.
(b) A court of this state which has made a child-custody determina-
tion and does not have exclusive, continuing jurisdiction under this section
may modify that determination only if it has jurisdiction to make an initial
determination under section 43 and amendments thereto.
New Sec. 45. (UCCJEA 203). Except as otherwise provided in sec-
tion 46 and amendments thereto, a court of this state may not modify a
child-custody determination made by a court of another state unless a
court of this state has jurisdiction to make an initial determination under
subsection (a)(1) or (2) of section 43 and amendments thereto, and:
(1) The court of the other state determines it no longer has exclusive,
continuing jurisdiction under section 44 and amendments thereto, or that
a court of this state would be a more convenient forum under section 49
and amendments thereto; or
(2) a court of this state or a court of the other state determines that
the child, the child's parents, and any person acting as a parent do not
presently reside in the other state.
New Sec. 46. (UCCJEA 204). (a) A court of this state has temporary
emergency jurisdiction if the child is present in this state and the child
has been abandoned or it is necessary in an emergency to protect the
child because the child, or a sibling or parent of the child, is subjected to
or threatened with mistreatment or abuse.
(b) If there is no previous child-custody determination that is entitled
to be enforced under this act and a child-custody proceeding has not been
commenced in a court of a state having jurisdiction under sections 43
through 45 and amendments thereto, a child-custody determination made
under this section remains in effect until an order is obtained from a
court of a state having jurisdiction under sections 43 through 45 and
amendments thereto. If a child-custody proceeding has not been or is not
commenced in a court of a state having jurisdiction under sections 43
through 45 and amendments thereto, a child-custody determination made
under this section becomes a final determination, if it so provides and
this state becomes the home state of the child.
(c) If there is a previous child-custody determination that is entitled
to be enforced under this act, or a child-custody proceeding has been
commenced in a court of a state having jurisdiction under sections 43
through 45 and amendments thereto, any order issued by a court of this
state under this section must specify in the order a period that the court
considers adequate to allow the person seeking an order to obtain an
order from the state having jurisdiction under sections 43 through 45 and
amendments thereto. The order issued in this state remains in effect until
an order is obtained from the other state within the period specified or
the period expires.
(d) A court of this state which has been asked to make a child-custody
determination under this section, upon being informed that a child-cus-
tody proceeding has been commenced in, or a child-custody determina-
tion has been made by, a court of a state having jurisdiction under sections
43 through 45 and amendments thereto, shall immediately communicate
with the other court. A court of this state which is exercising jurisdiction
pursuant to sections 43 through 45 and amendments thereto, upon being
informed that a child-custody proceeding has been commenced in, or a
child-custody determination has been made by, a court of another state
under a statute similar to this section shall immediately communicate with
the court of that state to resolve the emergency, protect the safety of the
parties and the child, and determine a period for the duration of the
temporary order.
New Sec. 47. (UCCJEA 205). (a) Before a child-custody determi-
nation is made under this act, notice and an opportunity to be heard in
accordance with the standards of section 38 and amendments thereto,
must be given to all persons entitled to notice under the law of this state
as in child-custody proceedings between residents of this state, any parent
whose parental rights have not been previously terminated, and any per-
son having physical custody of the child.
(b) This act does not govern the enforceability of a child-custody de-
termination made without notice or an opportunity to be heard.
(c) The obligation to join a party and the right to intervene as a party
in a child-custody proceeding under this act are governed by the law of
this state as in child-custody proceedings between residents of this state.
New Sec. 48. (UCCJEA 206). (a) Except as otherwise provided in
section 46 and amendments thereto, a court of this state may not exercise
its jurisdiction under sections 43 through 52 and amendments thereto if,
at the time of the commencement of the proceeding, a proceeding con-
cerning the custody of the child has been commenced in a court of an-
other state having jurisdiction substantially in conformity with this act,
unless the proceeding has been terminated or is stayed by the court of
the other state because a court of this state is a more convenient forum
under section 49 and amendments thereto.
(b) Except as otherwise provided in section 46 and amendments
thereto, a court of this state, before hearing a child-custody proceeding,
shall examine the court documents and other information supplied by the
parties pursuant to section 51 and amendments thereto. If the court de-
termines that a child-custody proceeding has been commenced in a court
in another state having jurisdiction substantially in accordance with this
act, the court of this state shall stay its proceeding and communicate with
the court of the other state. If the court of the state having jurisdiction
substantially in accordance with this act does not determine that the court
of this state is a more appropriate forum, the court of this state shall
dismiss the proceeding.
(c) In a proceeding to modify a child-custody determination, a court
of this state shall determine whether a proceeding to enforce the deter-
mination has been commenced in another state. If a proceeding to en-
force a child-custody determination has been commenced in another
state, the court may:
(1) Stay the proceeding for modification pending the entry of an or-
der of a court of the other state enforcing, staying, denying, or dismissing
the proceeding for enforcement;
(2) enjoin the parties from continuing with the proceeding for en-
forcement; or
(3) proceed with the modification under conditions it considers ap-
propriate.
New Sec. 49. (UCCJEA 207). (a) A court of this state which has
jurisdiction under this act to make a child-custody determination may
decline to exercise its jurisdiction at any time if it determines that it is an
inconvenient forum under the circumstances and that a court of another
state is a more appropriate forum. The issue of inconvenient forum may
be raised upon motion of a party, the court's own motion, or request of
another court.
(b) Before determining whether it is an inconvenient forum, a court
of this state shall consider whether it is appropriate for a court of another
state to exercise jurisdiction. For this purpose, the court shall allow the
parties to submit information and shall consider all relevant factors, in-
cluding:
(1) Whether domestic violence has occurred and is likely to continue
in the future and which state could best protect the parties and the child;
(2) the length of time the child has resided outside this state;
(3) the distance between the court in this state and the court in the
state that would assume jurisdiction;
(4) the relative financial circumstances of the parties;
(5) any agreement of the parties as to which state should assume
jurisdiction;
(6) the nature and location of the evidence required to resolve the
pending litigation, including testimony of the child;
(7) the ability of the court of each state to decide the issue expedi-
tiously and the procedures necessary to present the evidence; and
(8) the familiarity of the court of each state with the facts and issues
in the pending litigation.
(c) If a court of this state determines that it is an inconvenient forum
and that a court of another state is a more appropriate forum, it shall stay
the proceedings upon condition that a child-custody proceeding be
promptly commenced in another designated state and may impose any
other condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction under
this act if a child-custody determination is incidental to an action for
divorce or another proceeding while still retaining jurisdiction over the
divorce or other proceeding.
New Sec. 50. (UCCJEA 208). (a) Except as otherwise provided in
section 46 and amendments thereto or by other law of this state, if a court
of this state has jurisdiction under this act because a person seeking to
invoke its jurisdiction has engaged in unjustifiable conduct, the court shall
decline to exercise its jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in
the exercise of jurisdiction;
(2) a court of the state otherwise having jurisdiction under sections
43 through 45 and amendments thereto, determines that this state is a
more appropriate forum under section 49 and amendments thereto; or
(3) no court of any other state would have jurisdiction under the
criteria specified in sections 43 through 45 and amendments thereto.
(b) If a court of this state declines to exercise its jurisdiction pursuant
to subsection (a), it may fashion an appropriate remedy to ensure the
safety of the child and prevent a repetition of the unjustifiable conduct,
including staying the proceeding until a child-custody proceeding is com-
menced in a court having jurisdiction under sections 43 through 45 and
amendments thereto.
(c) If a court dismisses a petition or stays a proceeding because it
declines to exercise its jurisdiction pursuant to subsection (a), it shall
assess against the party seeking to invoke its jurisdiction necessary and
reasonable expenses including costs, communication expenses, attorney
fees, investigative fees, expenses for witnesses, travel expenses, and child
care during the course of the proceedings, unless the party from whom
fees are sought establishes that the assessment would be clearly inappro-
priate. The court may not assess fees, costs, or expenses against this state
unless authorized by law other than this act.
New Sec. 51. (UCCJEA 209). (a) Subject to subsection (e), in a child-
custody proceeding, each party, in its first pleading or in an attached
affidavit, shall give information, if reasonably ascertainable, under oath as
to the child's present address or whereabouts, the places where the child
has lived during the last five years, and the names and present addresses
of the persons with whom the child has lived during that period. The
pleading or affidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in
any other proceeding concerning the custody of or visitation with the child
and, if so, identify the court, the case number, and the date of the child-
custody determination, if any;
(2) knows of any proceeding that could affect the current proceeding,
including proceedings for enforcement and proceedings relating to do-
mestic violence, protective orders, termination of parental rights, and
adoptions and, if so, identify the court, the case number, and the nature
of the proceeding; and
(3) knows the names and addresses of any person not a party to the
proceeding who has physical custody of the child or claims rights of legal
custody or physical custody of, or visitation with, the child and, if so, the
names and addresses of those persons.
(b) If the information required by subsection (a) is not furnished, the
court, upon motion of a party or its own motion, may stay the proceeding
until the information is furnished.
(c) If the declaration as to any of the items described in subsection
(a)(1) through (3) is in the affirmative, the declarant shall give additional
information under oath as required by the court. The court may examine
the parties under oath as to details of the information furnished and other
matters pertinent to the court's jurisdiction and the disposition of the
case.
(d) Each party has a continuing duty to inform the court of any pro-
ceeding in this or any other state that could affect the current proceeding.
(e) If a party alleges in an affidavit or a pleading under oath that the
health, safety, or liberty of a party or child would be jeopardized by dis-
closure of identifying information, the information must be sealed and
may not be disclosed to the other party or the public unless the court
orders the disclosure to be made after a hearing in which the court takes
into consideration the health, safety, or liberty of the party or child and
determines that the disclosure is in the interest of justice.
New Sec. 52. (UCCJEA 210). (a) In a child-custody proceeding in
this state, the court may order a party to the proceeding who is in this
state to appear before the court in person with or without the child. The
court may order any person who is in this state and who has physical
custody or control of the child to appear in person with the child.
(b) If a party to a child-custody proceeding whose presence is desired
by the court is outside this state, the court may order that a notice given
pursuant to section 38 and amendments thereto include a statement di-
recting the party to appear in person with or without the child and in-
forming the party that failure to appear may result in a decision adverse
to the party.
(c) The court may enter any orders necessary to ensure the safety of
the child and of any person ordered to appear under this section.
(d) If a party to a child-custody proceeding who is outside this state
is directed to appear under subsection (b) or desires to appear personally
before the court with or without the child, the court may require another
party to pay reasonable and necessary travel and other expenses of the
party so appearing and of the child.
New Sec. 53. (UCCJEA 301). In sections 53 through 69 and amend-
ments thereto:
(1) "Petitioner" means a person who seeks enforcement of an order
for return of a child under the Hague Convention on the civil aspects of
international child abduction or enforcement of a child-custody deter-
mination.
(2) "Respondent" means a person against whom a proceeding has
been commenced for enforcement of an order for return of a child under
the Hague Convention on the civil aspects of international child abduction
or enforcement of a child-custody determination.
New Sec. 54. (UCCJEA 302). Under sections 53 through 69 and
amendments thereto, a court of this state may enforce an order for the
return of the child made under the Hague Convention on the civil aspects
of international child abduction as if it were a child-custody determina-
tion.
New Sec. 55. (UCCJEA 303). (a) A court of this state shall recognize
and enforce a child-custody determination of a court of another state if
the latter court exercised jurisdiction in substantial conformity with this
act or the determination was made under factual circumstances meeting
the jurisdictional standards of this act and the determination has not been
modified in accordance with this act.
(b) A court of this state may utilize any remedy available under other
law of this state to enforce a child-custody determination made by a court
of another state. The remedies provided in sections 53 through 69 and
amendments thereto, are cumulative and do not affect the availability of
other remedies to enforce a child-custody determination.
New Sec. 56. (UCCJEA 304). (a) A court of this state which does
not have jurisdiction to modify a child-custody determination, may issue
a temporary order enforcing:
(1) A visitation schedule made by a court of another state; or
(2) the visitation provisions of a child-custody determination of an-
other state that does not provide for a specific visitation schedule.
(b) If a court of this state makes an order under subsection (a)(2), it
shall specify in the order a period that it considers adequate to allow the
petitioner to obtain an order from a court having jurisdiction under the
criteria specified in sections 43 through 52 and amendments thereto. The
order remains in effect until an order is obtained from the other court or
the period expires.
New Sec. 57. (UCCJEA 305). (a) A child-custody determination is-
sued by a court of another state may be registered in this state, with or
without a simultaneous request for enforcement, by sending to the district
court in this state:
(1) A letter or other document requesting registration;
(2) two copies, including one certified copy, of the determination
sought to be registered, and a statement under penalty of perjury that to
the best of the knowledge and belief of the person seeking registration
the order has not been modified; and
(3) except as otherwise provided in section 51 and amendments
thereto, the name and address of the person seeking registration and any
parent or person acting as a parent who has been awarded custody or
visitation in the child-custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the reg-
istering court shall:
(1) Cause the determination to be filed as a foreign judgment, to-
gether with one copy of any accompanying documents and information,
regardless of their form; and
(2) serve notice upon the persons named pursuant to subsection
(a)(3) and provide them with an opportunity to contest the registration
in accordance with this section.
(c) The notice required by subsection (b)(2) must state that:
(1) A registered determination is enforceable as of the date of the
registration in the same manner as a determination issued by a court of
this state;
(2) a hearing to contest the validity of the registered determination
must be requested within 20 days after service of notice; and
(3) failure to contest the registration will result in confirmation of the
child-custody determination and preclude further contest of that deter-
mination with respect to any matter that could have been asserted.
(d) A person seeking to contest the validity of a registered order must
request a hearing within 20 days after service of the notice. At that hear-
ing, the court shall confirm the registered order unless the person con-
testing registration establishes that:
(1) The issuing court did not have jurisdiction under sections 43
through 52 and amendments thereto;
(2) the child-custody determination sought to be registered has been
vacated, stayed, or modified by a court having jurisdiction to do so under
sections 43 through 52 and amendments thereto; or
(3) the person contesting registration was entitled to notice, but no-
tice was not given in accordance with the standards of section 38 and
amendments thereto, in the proceedings before the court that issued the
order for which registration is sought.
(e) If a timely request for a hearing to contest the validity of the
registration is not made, the registration is confirmed as a matter of law
and the person requesting registration and all persons served must be
notified of the confirmation.
(f) Confirmation of a registered order, whether by operation of law
or after notice and hearing, precludes further contest of the order with
respect to any matter that could have been asserted at the time of reg-
istration.
(g) There shall be no fee for registering a child-custody determination
issued by a court of another state pursuant to this section. The fee for
enforcement or modification of any child custody determination shall be
as prescribed in K.S.A. 1999 Supp. 60-1621, and amendments thereto.
New Sec. 58. (UCCJEA 306). (a) A court of this state may grant any
relief normally available under the law of this state to enforce a registered
child-custody determination made by a court of another state.
(b) A court of this state shall recognize and enforce, but may not
modify, except in accordance with sections 43 through 52 and amend-
ments thereto, a registered child-custody determination of a court of an-
other state.
New Sec. 59. (UCCJEA 307). If a proceeding for enforcement under
sections 53 through 69 and amendments thereto is commenced in a court
of this state and the court determines that a proceeding to modify the
determination is pending in a court of another state having jurisdiction
to modify the determination under sections 43 through 52 and amend-
ments thereto, the enforcing court shall immediately communicate with
the modifying court. The proceeding for enforcement continues unless
the enforcing court, after consultation with the modifying court, stays or
dismisses the proceeding.
New Sec. 60. (UCCJEA 308). (a) A petition under sections 53
through 69 and amendments thereto, must be verified. Certified copies
of all orders sought to be enforced and of any order confirming registra-
tion must be attached to the petition. A copy of a certified copy of an
order may be attached instead of the original.
(b) A petition for enforcement of a child-custody determination must
state:
(1) Whether the court that issued the determination identified the
jurisdictional basis it relied upon in exercising jurisdiction and, if so, what
the basis was;
(2) whether the determination for which enforcement is sought has
been vacated, stayed, or modified by a court whose decision must be
enforced under this act and, if so, identify the court, the case number,
and the nature of the proceeding;
(3) whether any proceeding has been commenced that could affect
the current proceeding, including proceedings relating to domestic vio-
lence, protective orders, termination of parental rights, and adoptions
and, if so, identify the court, the case number, and the nature of the
proceeding;
(4) the present physical address of the child and the respondent, if
known;
(5) whether relief in addition to the immediate physical custody of
the child and attorney fees is sought, including a request for assistance
from law enforcement officials and, if so, the relief sought; and
(6) if the child-custody determination has been registered and con-
firmed under section 57 and amendments thereto, the date and place of
registration.
(c) Upon the filing of a petition, the court shall issue an order di-
recting the respondent to appear in person with or without the child at a
hearing and may enter any order necessary to ensure the safety of the
parties and the child. The hearing must be held on the next judicial day
after service of the order unless that date is impossible. In that event, the
court shall hold the hearing on the first judicial day possible. The court
may extend the date of hearing at the request of the petitioner.
(d) An order issued under subsection (c) must state the time and
place of the hearing and advise the respondent that at the hearing the
court will order that the petitioner may take immediate physical custody
of the child and the payment of fees, costs, and expenses under section
64 and amendments thereto, and may schedule a hearing to determine
whether further relief is appropriate, unless the respondent appears and
establishes that:
(1) The child-custody determination has not been registered and con-
firmed under section 57 and amendments thereto and that:
(A) The issuing court did not have jurisdiction under sections 43
through 52 and amendments thereto;
(B) the child-custody determination for which enforcement is sought
has been vacated, stayed, or modified by a court having jurisdiction to do
so under sections 43 through 52 and amendments thereto;
(C) the respondent was entitled to notice, but notice was not given
in accordance with the standards of section 38 and amendments thereto,
in the proceedings before the court that issued the order for which en-
forcement is sought; or
(2) the child-custody determination for which enforcement is sought
was registered and confirmed under section 56 and amendments thereto,
but has been vacated, stayed, or modified by a court of a state having
jurisdiction to do so under sections 43 through 52 and amendments
thereto.
New Sec. 61. (UCCJEA 309). Except as otherwise provided in sec-
tion 63 and amendments thereto, the petition and order must be served,
by any method authorized by the law of this state, upon respondent and
any person who has physical custody of the child.
New Sec. 62. (UCCJEA 310). (a) Unless the court issues a temporary
emergency order pursuant to section 46 and amendments thereto, upon
a finding that a petitioner is entitled to immediate physical custody of the
child, the court shall order that the petitioner may take immediate phys-
ical custody of the child unless the respondent establishes that:
(1) The child-custody determination has not been registered and con-
firmed under section 57 and amendments thereto, and that:
(A) The issuing court did not have jurisdiction under sections 43
through 52 and amendments thereto;
(B) the child-custody determination for which enforcement is sought
has been vacated, stayed, or modified by a court of a state having juris-
diction to do so under sections 43 through 52 and amendments thereto;
or
(C) the respondent was entitled to notice, but notice was not given
in accordance with the standards of section 38 and amendments thereto,
in the proceedings before the court that issued the order for which en-
forcement is sought; or
(2) the child-custody determination for which enforcement is sought
was registered and confirmed under section 57 and amendments thereto,
but has been vacated, stayed, or modified by a court of a state having
jurisdiction to do so under sections 43 through 52 and amendments
thereto.
(b) The court shall award the fees, costs, and expenses authorized
under section 64 and amendments thereto and may grant additional relief,
including a request for the assistance of law enforcement officials, and
set a further hearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that
the testimony may be self-incriminating, the court may draw an adverse
inference from the refusal.
(d) A privilege against disclosure of communications between spouses
and a defense of immunity based on the relationship of husband and wife
or parent and child may not be invoked in a proceeding under sections
53 through 69 and amendments thereto.
New Sec. 63. (UCCJEA 311). (a) Upon the filing of a petition seek-
ing enforcement of a child-custody determination, the petitioner may file
a verified application for the issuance of a warrant to take physical custody
of the child if the child is immediately likely to suffer serious physical
harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness,
finds that the child is imminently likely to suffer serious physical harm or
be removed from this state, it may issue a warrant to take physical custody
of the child. The petition must be heard on the next judicial day after the
warrant is executed unless that date is impossible. In that event, the court
shall hold the hearing on the first judicial day possible. The application
for the warrant must include the statements required by subsection (b)
of section 60 and amendments thereto.
(c) A warrant to take physical custody of a child must:
(1) Recite the facts upon which a conclusion of imminent serious
physical harm or removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody of the
child immediately; and
(3) provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant, and
order immediately after the child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable
throughout this state. If the court finds on the basis of the testimony of
the petitioner or other witness that a less intrusive remedy is not effective,
it may authorize law enforcement officers to enter private property to
take physical custody of the child. If required by exigent circumstances
of the case, the court may authorize law enforcement officers to make a
forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to
ensure the appearance of the child and the child's custodian.
New Sec. 64. (UCCJEA 312). (a) The court shall award the prevail-
ing party, including a state, necessary and reasonable expenses incurred
by or on behalf of the party, including costs, communication expenses,
attorney fees, investigative fees, expenses for witnesses, travel expenses,
and child care during the course of the proceedings, unless the party from
whom fees or expenses are sought establishes that the award would be
clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against a state
unless authorized by law other than this act.
New Sec. 65. (UCCJEA 313). A court of this state shall accord full
faith and credit to an order issued by another state and consistent with
this act which enforces a child-custody determination by a court of an-
other state unless the order has been vacated, stayed, or modified by a
court having jurisdiction to do so under sections 43 through 52 and
amendments thereto.
New Sec. 66. (UCCJEA 314). An appeal may be taken from a final
order in a proceeding under sections 53 through 69 and amendments
thereto, in accordance with expedited appellate procedures in other civil
cases. Unless the court enters a temporary emergency order under section
46 and amendments thereto, the enforcing court may not stay an order
enforcing a child-custody determination pending appeal.
New Sec. 67. (UCCJEA 315). (a) In a case arising under this act or
involving the Hague Convention on the civil aspects of international child
abduction, the prosecutor may take any lawful action, including resort to
a proceeding under sections 53 through 69 and amendments thereto or
any other available civil proceeding to locate a child, obtain the return of
a child, or enforce a child-custody determination if there is:
(1) An existing child-custody determination;
(2) a request to do so from a court in a pending child-custody pro-
ceeding;
(3) a reasonable belief that a criminal statute has been violated; or
(4) a reasonable belief that the child has been wrongfully removed
or retained in violation of the Hague Convention on the civil aspects of
international child abduction.
(b) A prosecutor acting under this section acts on behalf of the court
and may not represent any party.
New Sec. 68. (UCCJEA 316). At the request of a prosecutor acting
under section 67 and amendments thereto, a law enforcement officer may
take any lawful action reasonably necessary to locate a child or a party
and assist a prosecutor with responsibilities under section 67 and amend-
ments thereto.
New Sec. 69. (UCCJEA 317). If the respondent is not the prevailing
party, the court may assess against the respondent all direct expenses and
costs incurred by the prosecutor and law enforcement officers under sec-
tion 67 or 68 and amendments thereto.
New Sec. 70. (UCCJEA 401). In applying and construing this uni-
form act, consideration must be given to the need to promote uniformity
of the law with respect to its subject matter among states that enact it.
New Sec. 71. (UCCJEA 402). If any provision of this act or its ap-
plication to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this act which can be given
effect without the invalid provision or application, and to this end the
provisions of this act are severable.
New Sec. 72. (UCCJEA 405). A motion or other request for relief
made in a child-custody proceeding or to enforce a child-custody deter-
mination which was commenced before the effective date of this act is
governed by the law in effect at the time the motion or other request was
made.
Sec. 73. K.S.A. 38-1116 is hereby amended to read as follows: 38-
1116. (a) The district court has jurisdiction of an action brought under
this the Kansas parentage act. The action may be joined with an action
for divorce, annulment, separate maintenance, support or adoption.
(b) If any determination is sought in any action under the Kansas
parentage act for custody, residency or parenting time, the initial pleading
seeking that determination shall include that information required by sec-
tion 51, and amendments thereto;
(b)(c) The action may be brought in the county in which the child,
the mother or the presumed or alleged father resides or is found. If a
parent or an alleged or presumed parent is deceased, an action may be
brought in the county in which proceedings for probate of the estate of
the parent or alleged or presumed parent have been or could be com-
menced.
Sec. 74. K.S.A. 38-1503 is hereby amended to read as follows: 38-
1503. (a) Proceedings concerning any child who appears to be a child in
need of care shall be governed by this code, except in those instances
when the Indian child welfare act of 1978 (25 U.S.C. § § 1901 et seq.)
applies.
(b) Subject to the uniform child custody jurisdiction and enforcement
act, K.S.A. 38-1301 et seq. sections 31 through 72 and amendments
thereto, the district court shall have original jurisdiction to receive and
determine proceedings under this code.
(c) When jurisdiction has been acquired by the court over the person
of a child in need of care it may continue until the child: (1) Has attained
the age of 21 years; (2) has been adopted; or (3) has been discharged by
the court. Any child 18 years of age or over may request, by motion to
the court, that the jurisdiction of the court cease. Subsequently, the court
shall enter an order discharging the person from any further jurisdiction
of the court.
(d) When it is no longer appropriate for the court to exercise juris-
diction over a child the court, upon its own motion or the motion of an
interested party, shall enter an order discharging the child. Except upon
request of the child, the court shall not enter an order discharging a child
which reaches 18 years of age before completing the child's high school
education until June 1 of the school year during which the child became
18 years of age as long as the child is still attending high school.
(e) Unless the court finds that substantial injustice would result, the
provisions of this code shall govern with respect to acts or omissions oc-
curring prior to the effective date of this code and with respect to children
alleged or adjudicated to have done or to have been affected by the acts
or omissions, to the same extent as if the acts or omissions had occurred
on or after the effective date and the children had been alleged or ad-
judicated to be children in need of care.
Sec. 75. K.S.A. 59-2127 is hereby amended to read as follows: 59-
2127. (a) If the basis for venue in an agency adoption is subsection (b)(3)
of K.S.A. 59-2126 and the petitioner does not reside in Kansas and the
child to be adopted did not reside in Kansas prior to receipt of custody
by the agency, the court shall determine whether or not to exercise its
jurisdiction under this act based on the best interests of the child. For
this purpose the court shall consider the following factors:
(1) If another state recently was the child's or mother's home state;
(2) if another state has a closer connection with the child or the child's
adoptive or genetic parent or parents;
(3) if substantial evidence concerning the child's present or future
care, protection, training and personal relationships is more readily avail-
able in another state;
(4) the unavailability of placement opportunities for such child within
the state of Kansas; and
(5) any other factor the court deems relevant in its determination of
whether or not to exercise its jurisdiction.
(a) A court of this state may not exercise jurisdiction over a proceed-
ing for adoption of a minor if at the time the petition for adoption is filed
a proceeding concerning the custody or adoption of the minor is pending
in a court of another state exercising jurisdiction substantially in conform-
ity with the uniform child custody jurisdiction act, or the uniform child
custody jurisdiction and enforcement act, or this act unless the proceeding
is stayed by the court of the other state.
(b) If a court of another state has issued a decree or order concerning
the custody of a minor who may be the subject of a proceeding for adop-
tion in this state, a court of this state may not exercise jurisdiction over a
proceeding for adoption of the minor unless:
(1) The court of this state finds that the court of the state which issued
the decree or order:
(A) Does not have continuing jurisdiction to modify the decree or order
under jurisdictional prerequisites substantially in accordance with the
uniform child custody jurisdiction act, or the uniform child custody ju-
risdiction and enforcement act, or has declined to assume jurisdiction to
modify the decree or order, or
(B) does not have jurisdiction over a proceeding for adoption sub-
stantially in conformity with subsection (a)(l) through (4) or has declined
to assume jurisdiction proceeding for adoption; and
(2) the court of this state has jurisdiction over the proceeding.
(b)(c) Before determining whether or not to exercise its jurisdiction
the court may communicate with a court of another state and exchange
information pertinent to the assumption of jurisdiction by either court
with a view to assuring that jurisdiction will be exercised by such court
of another state and that a forum will be available to the parties.
(c)(d) If the court determines not to exercise its jurisdiction, it may
dismiss the proceedings, or it may stay the proceedings upon condition
that an adoption proceeding be promptly commenced in another named
state or upon any other conditions which may be just and proper.
Sec. 76. K.S.A. 59-2128 is hereby amended to read as follows: 59-
2128. (a) A petition for adoption shall be filed by the person desiring to
adopt the child, and shall state the following information, if reasonably
ascertainable, under oath:
(1) In an independent adoption: (A) The name, residence and address
of the petitioner;
(B) the name of the child, the date, time and place of the child's
birth, and the place at which the child resides;
(C) the suitability of the petitioner to assume the relationship;
(D) whether one or both parents are living and the name, date of
birth, residence and address of those living, so far as known to the peti-
tioner;
(E) the facts relied upon as eliminating the necessity for the consent,
if the consent of either or both parents is not obtained;
(F) the information required by the uniform child custody jurisdic-
tion act under K.S.A. 38-1309 and amendments thereto; and
(G) whether the interstate compact on placement of children, K.S.A.
38-1201 et seq. and amendments thereto, and the Indian child welfare
act, 25 U.S.C. 1901 et seq., are applicable and have been or will be com-
plied with prior to the hearing;
(2) in an agency adoption, all requirements contained in subsection
(a)(1) except subsection (a)(1)(E), and if applicable, the factual basis upon
which the court should determine to exercise its jurisdiction as provided
in K.S.A. 59-2127; or
(3) in a stepparent adoption, all requirements contained in subsection
(a)(1) except that a statement of compliance with the interstate compact
on placement of children is not required.
(1) The name, residence and address of the petitioner;
(2) the suitability of the petitioner to assume the relationship;
(3) the name of the child, the date, time and place of the child's birth,
and the present address or whereabouts of the child;
(4) the places where the child has lived during the last five years;
(5) the names and present addresses of the persons with whom the
child has lived during that period;
(6) whether the party has participated, as a party or witness or in
any other capacity, in any other proceeding concerning the custody of or
visitation with the child and, if so, identify the court, the case number,
and the date of the child-custody determination, if any;
(7) whether the party knows of any proceeding that could affect the
current proceeding, including proceedings for enforcement and proceed-
ings relating to domestic violence, protective orders, termination of pa-
rental rights, and adoptions and, if so, identify the court, the case number,
and the nature of the proceeding;
(8) whether the party knows the names and addresses of any person
not a party to the proceeding who has physical custody of the child or
claims rights of legal custody or physical custody of, or visitation with,
the child and, if so, the names and addresses of those persons;
(9) whether one or both parents are living and the name, date of birth,
residence and address of those living, so far as known to the petitioner;
(10) the facts relied upon as eliminating the necessity for the consent,
if the consent of either or both parents is not obtained;
(11) whether the interstate compact on placement of children, K.S.A.
38-1201 et seq. and amendments thereto, and the Indian child welfare
act, 25 U.S.C. have been or will be complied with prior to the hearing.
(b) If the information required by subsection (a) is not furnished, the
court, upon motion of a party or its own motion, may stay the proceeding
until the information is furnished.
(c) If the declaration as to any of the items described in subsection
(a)(6) through (a)(9) is in the affirmative, the declarant shall give addi-
tional information under oath as required by the court. The court may
examine the parties under oath as to details of the information furnished
and other matters pertinent to the court's jurisdiction and the disposition
of the case.
(d) The petitioner has a continuing duty to inform the court of any
proceeding in this or any other state that could affect the current pro-
ceeding.
(e) A petition filed in a step parent adoption shall not require a state-
ment in compliance with the interstate compact on placement of children.
(b)(f) The written consents to adoption required by K.S.A. 59-2129,
and amendments thereto, the background information required by K.S.A.
59-2130, and amendments thereto, the accounting required by K.S.A. 59-
2121 and amendments thereto, and any affidavit required by K.S.A. 59-
2126 shall be filed with the petition for adoption.
Sec. 77. K.S.A. 1999 Supp. 59-3009 is hereby amended to read as
follows: 59-3009. Any person may file in the district court of the county
of the residence or presence of the proposed ward a verified petition for
the appointment of a guardian. Any person may file in the district court
of the county of the residence of the proposed conservatee a verified
petition for the appointment of a conservator. If the proposed conservatee
resides without the state, such petition may be filed in any county in which
any of the property of the proposed conservatee is situated.
(a) If the proposed ward or proposed conservatee is alleged to be a
disabled person the petition shall state:
(1) The petitioner's belief that the proposed ward or proposed con-
servatee is a disabled person;
(2) the name, age, residence and present address of the proposed
ward or proposed conservatee, if known to the petitioner;
(3) the name and address of the nearest relatives of the proposed
ward or proposed conservatee, if known to the petitioner and if not
known, that the petitioner has made diligent inquiry to learn the name
of such relatives;
(4) the general character and probable value of the real and personal
property, including the amount and sources of income, of the proposed
ward or proposed conservatee, if known to the petitioner;
(5) the name and address of the person, if any, having custody and
control of the proposed ward or proposed conservatee, if known to the
petitioner;
(6) the names and addresses of witnesses by whom the truth of the
petition may be proved;
(7) the reasons for the need of the appointment of a guardian or
conservator, or both;
(8) a request that the court make a determination that the proposed
ward or proposed conservatee is a disabled person, make one or more of
the orders provided for in K.S.A. 59-3010 and 59-3011 and amendments
thereto, and appoint a guardian or conservator, or both; and
(9) the name, address, and relationship to the proposed ward or pro-
posed conservatee, if any, of the person whom the court is requested to
appoint as a guardian or as a conservator. If a proposed conservator is
under contract with the Kansas guardianship program, the application for
appointment of guardian or conservator shall so state. Any such petition
may be accompanied, or the court may require that such petition be
accompanied by a statement in writing of a physician or psychologist
stating that the physician or psychologist has examined the proposed ward
or proposed conservatee and the results of the examination on the issue
of whether the proposed ward or proposed conservatee is a disabled per-
son or the court may allow such petition to be accompanied by a verified
statement by the petitioner that the proposed ward or proposed conser-
vatee has refused to submit to an examination by a physician or psychol-
ogist.
(b) If the proposed ward or proposed conservatee is alleged to be a
minor the petition shall state:
(1) The proposed ward or proposed conservatee is a minor;
(2) the name, age, residence and present address of the proposed
ward or proposed conservatee, if known to the petitioner;
(3) the information required including that information required by
section 51, and amendments thereto, if the petition seeks appointment of
a guardian for the minor;
(3)(4) the name and address of the natural guardian, guardian, con-
servator and custodian, if any, of the proposed ward or proposed conser-
vatee, if known to the petitioner, and if not known that the petitioner has
made diligent inquiry to learn their names;
(4)(5) the general character and probable value of the real and per-
sonal property, including the amount and sources of income, of the pro-
posed ward or proposed conservatee, if known to the petitioner;
(5)(6) the names and addresses of witnesses by whom the truth of
the petition may be proved;
(6)(7) the reasons for the need for the appointment of a guardian or
conservator, or both;
(7)(8) a request that the court make a determination that the pro-
posed ward or proposed conservatee is a minor, make one or more of the
orders provided for by K.S.A. 59-3010 and 59-3011 and amendments
thereto, and appoint a guardian or a conservator, or both; and
(8)(9) the name, address, and relationship to the proposed ward or
proposed conservatee, if any, of the person whom the court is requested
to appoint as a guardian or as a conservator.
(c) If the proposed conservatee has been duly adjudged an incapac-
itated person, a disabled person, an insane person or an incompetent
person by any court of competent jurisdiction in any other state and a
domiciliary conservator or guardian for the estate of such person has been
appointed, a duly authenticated transcript of such adjudication and ap-
pointment shall be prima facie evidence of such incapacity and may be
relied upon for the appointment of an ancillary conservator in this state.
Such authenticated transcript shall be attached to the petition which shall
state:
(1) That the proposed conservatee has been duly adjudged an inca-
pacitated person, a disabled person, an insane person or an incompetent
person by a court of competent jurisdiction of another state and a dom-
iciliary conservator or guardian for such conservatee's estate has been
appointed, which adjudication and appointment are still in full force and
effect;
(2) the name, age, residence and present address of the proposed
conservatee, if known to the petitioner;
(3) the name and address of the nearest relatives of the proposed
conservatee, if known to the petitioner and if not known, that the peti-
tioner has made diligent inquiry to learn the name of such relatives;
(4) the location and value of Kansas property for which an ancillary
conservatorship is needed;
(5) the name and address of the person, if any, having custody and
control of the proposed conservatee, if known to the petitioner;
(6) the reasons for the need for the appointment of an ancillary con-
servator; and
(7) a request that the court appoint an ancillary conservator as pro-
vided in subsection (c) of K.S.A. 59-3010 and amendments thereto.
Sec. 78. K.S.A. 60-1604 is hereby amended to read as follows: 60-
1604. (a) Verification of petition. The truth of the allegations of any pe-
tition under this article must be verified by the petitioner in person or by
the guardian of an incapacitated person.
(b) Captions. All pleadings shall be captioned, "In the matter of the
marriage of _________________ and __________________." In the
caption, the name of the petitioner shall appear first and the name of the
respondent shall appear second, but the respective parties shall not be
designated as such.
(c) Contents of petition. The grounds for divorce, annulment or sep-
arate maintenance shall be alleged as nearly as possible in the general
language of the statute, without detailed statement of facts. If there are
minor children of the marriage, the petition shall state their names and
dates of birth and shall contain, or be accompanied by an affidavit which
contains, the information required by K.S.A. 38-1309 section 51 and
amendments thereto.
(d) Bill of particulars. The opposing party may demand a statement
of the facts which shall be furnished in the form of a bill of particulars.
The facts stated in the bill of particulars shall be the specific facts upon
which the action shall be tried. If interrogatories have been served on or
a deposition taken of the party from whom the bill of particulars is de-
manded, the court in its discretion may refuse to grant the demand for a
bill of particulars. A copy of the bill of particulars shall be delivered to
the judge. The bill of particulars shall not be filed with the clerk of the
court or become a part of the record except on appeal, and then only
when the issue to be reviewed relates to the facts stated in the bill of
particulars. The bill of particulars shall be destroyed by the district judge
unless an appeal is taken, in which case the bill of particulars shall be
destroyed upon receipt of the final order from the appellate court.
(e) Service of process. Service of process shall be made in the manner
provided in article 3 of this chapter.
Sec. 79. K.S.A. 60-1605 is hereby amended to read as follows: 60-
1605. The respondent may answer and may also file a counterpetition
counterclaim for divorce, annulment or separate maintenance. If new
matter is set up in the answer, it shall be verified by the respondent in
person or by the guardian of an incapacitated person. If a counterpetition
counterclaim is filed, it shall be subject to the provisions of subsections
(a), (b) and (c) of K.S.A. 60-1604 and amendments thereto. When there
are minor children of the marriage, the answer shall contain, or be ac-
companied by an affidavit which contains, the information required by
K.S.A. 38-1309 section 51, and amendments thereto.
Sec. 80. K.S.A. 60-1611 is hereby amended to read as follows: 60-
1611. A judgment or decree of divorce rendered in any other state or
territory of the United States, in conformity with the laws thereof, shall
be given full faith and credit in this state, except that, if the respondent
in the action, at the time of the judgment or decree, was a resident of
this state and did not personally appear or defend the action in the court
of that state or territory and that court did not have jurisdiction over the
respondent's person, all matters relating to maintenance, property rights
of the parties and support of the minor children of the parties shall be
subject to inquiry and determination in any proper action or proceeding
brought in the courts of this state within two years after the date of the
foreign judgment or decree, to the same extent as though the foreign
judgment or decree had not been rendered. Nothing in this section shall
authorize a court of this state to enter a custody decree, as defined in
K.S.A. 38-1302, child custody determination, as defined in section 32 and
amendments thereto contrary to the provisions of the uniform child cus-
tody jurisdiction and enforcement act.
Sec. 81. K.S.A. 1999 Supp. 60-3103 is hereby amended to read as
follows: 60-3103. Any district court shall have jurisdiction over all pro-
ceedings under the protection from abuse act. The right of a person to
obtain relief under the protection from abuse act shall not be affected by
the person's leaving the residence or household to avoid further abuse.
Any petition under this act seeking orders regarding a custody determi-
nation, as defined in section 32, and amendments thereto, shall state that
information required by section 51, and amendments thereto, and the
basis under which child-custody jurisdiction is sought to be invoked.
Sec. 82. K.S.A. 1999 Supp. 38-1502 is hereby amended to read as
follows: 38-1502. As used in this code, unless the context otherwise in-
dicates:
(a) "Child in need of care" means a person less than 18 years of age
who:
(1) Is without adequate parental care, control or subsistence and the
condition is not due solely to the lack of financial means of the child's
parents or other custodian;
(2) is without the care or control necessary for the child's physical,
mental or emotional health;
(3) has been physically, mentally or emotionally abused or neglected
or sexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-977 or 72-1111,
and amendments thereto;
(7) except in the case of a violation of K.S.A. 41-727, subsection (j)
of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
4204a and amendments thereto, does an act which, when committed by
a person under 18 years of age, is prohibited by state law, city ordinance
or county resolution but which is not prohibited when done by an adult;
(8) while less than 10 years of age, commits any act which if done by
an adult would constitute the commission of a felony or misdemeanor as
defined by K.S.A. 21-3105 and amendments thereto;
(9) is willfully and voluntarily absent from the child's home without
the consent of the child's parent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a
court ordered or designated placement, or a placement pursuant to court
order, if the absence is without the consent of the person with whom the
child is placed or, if the child is placed in a facility, without the consent
of the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another
person under 18 years of age, who has been physically, mentally or emo-
tionally abused or neglected, or sexually abused; or
(12) while less than 10 years of age commits the offense defined in
K.S.A. 21-4204a and amendments thereto.
(b) "Physical, mental or emotional abuse or neglect" means the in-
fliction of physical, mental or emotional injury or the causing of a dete-
rioration of a child and may include, but shall not be limited to, failing to
maintain reasonable care and treatment, negligent treatment or maltreat-
ment or exploiting a child to the extent that the child's health or emotional
well-being is endangered. A parent legitimately practicing religious beliefs
who does not provide specified medical treatment for a child because of
religious beliefs shall not for that reason be considered a negligent parent;
however, this exception shall not preclude a court from entering an order
pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.
(c) "Sexual abuse" means any act committed with a child which is
described in article 35, chapter 21 of the Kansas Statutes Annotated and
those acts described in K.S.A. 21-3602 or 21-3603, and amendments
thereto, regardless of the age of the child.
(d) "Parent," when used in relation to a child or children, includes a
guardian, conservator and every person who is by law liable to maintain,
care for or support the child.
(e) "Interested party" means the state, the petitioner, the child, any
parent, any grandparent and any person found to be an interested party
pursuant to K.S.A. 38-1541 and amendments thereto.
(f) "Law enforcement officer" means any person who by virtue of
office or public employment is vested by law with a duty to maintain
public order or to make arrests for crimes, whether that duty extends to
all crimes or is limited to specific crimes.
(g) "Youth residential facility" means any home, foster home or struc-
ture which provides 24-hour-a-day care for children and which is licensed
pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.
(h) "Shelter facility" means any public or private facility or home
other than a juvenile detention facility that may be used in accordance
with this code for the purpose of providing either temporary placement
for the care of children in need of care prior to the issuance of a dispos-
itional order or longer term care under a dispositional order.
(i) "Juvenile detention facility" means any secure public or private
facility used for the lawful custody of accused or adjudicated juvenile
offenders which must not be a jail.
(j) "Adult correction facility" means any public or private facility, se-
cure or nonsecure, which is used for the lawful custody of accused or
convicted adult criminal offenders.
(k) "Secure facility" means a facility which is operated or structured
so as to ensure that all entrances and exits from the facility are under the
exclusive control of the staff of the facility, whether or not the person
being detained has freedom of movement within the perimeters of the
facility, or which relies on locked rooms and buildings, fences or physical
restraint in order to control behavior of its residents. No secure facility
shall be in a city or county jail.
(l) "Ward of the court" means a child over whom the court has ac-
quired jurisdiction by the filing of a petition pursuant to this code and
who continues subject to that jurisdiction until the petition is dismissed
or the child is discharged as provided in K.S.A. 38-1503 and amendments
thereto.
(m) "Custody," whether temporary, protective or legal, means the
status created by court order or statute which vests in a custodian,
whether an individual or an agency, the right to physical possession of
the child and the right to determine placement of the child, subject to
restrictions placed by the court.
(n) "Placement" means the designation by the individual or agency
having custody of where and with whom the child will live.
(o) "Secretary" means the secretary of social and rehabilitation serv-
ices.
(p) "Relative" means a person related by blood, marriage or adoption
but, when referring to a relative of a child's parent, does not include the
child's other parent.
(q) "Court-appointed special advocate" means a responsible adult
other than an attorney guardian ad litem who is appointed by the court
to represent the best interests of a child, as provided in K.S.A. 38-1505a
and amendments thereto, in a proceeding pursuant to this code.
(r) "Multidisciplinary team" means a group of persons, appointed by
the court or by the state department of social and rehabilitation services
under K.S.A. 38-1523a and amendments thereto, which has knowledge
of the circumstances of a child in need of care.
(s) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an adult
jail or lockup, unless the facility meets all applicable standards and licen-
sure requirements under law and there is (A) total separation of the ju-
venile and adult facility spatial areas such that there could be no haphaz-
ard or accidental contact between juvenile and adult residents in the
respective facilities; (B) total separation in all juvenile and adult program
activities within the facilities, including recreation, education, counseling,
health care, dining, sleeping, and general living activities; and (C) separate
juvenile and adult staff, including management, security staff and direct
care staff such as recreational, educational and counseling.
(t) "Kinship care" means the placement of a child in the home of the
child's relative or in the home of another adult with whom the child or
the child's parent already has a close emotional attachment.
(u) "Juvenile intake and assessment worker" means a responsible
adult authorized to perform intake and assessment services as part of the
intake and assessment system established pursuant to K.S.A. 75-7023, and
amendments thereto.
(v) "Abandon" means to forsake, desert or cease providing care for
the child without making appropriate provisions for substitute care.
(w) "Permanent guardianship" means a judicially created relationship
between child and caretaker which is intended to be permanent and self-
sustaining without ongoing state oversight or intervention. The perma-
nent guardian stands in loco parentis and exercises all the rights and
responsibilities of a parent. Upon appointment of a permanent guardian,
the child in need of care proceedings shall be dismissed. A permanent
guardian may be appointed after termination of parental rights.
(x) "Aggravated circumstances" means the abandonment, torture,
chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
(y) "Permanency hearing" means a notice and opportunity to be
heard is provided to interested parties, foster parents, preadoptive parents
or relatives providing care for the child. The court, after consideration of
the evidence, shall determine whether progress toward the case plan goal
is adequate or reintegration is a viable alternative, or if the case should
be referred to the county or district attorney for filing of a petition to
terminate parental rights or to appoint a permanent guardian.
(z) "Extended out of home placement" means a child has been in the
custody of the secretary and placed with neither parent for 15 of the most
recent 22 months beginning 60 days after the date at which a child in the
custody of the secretary was removed from the home.
(aa) "Educational institution" means all schools at the elementary and
secondary levels.
(bb) "Educator" means any administrator, teacher or other profes-
sional or paraprofessional employee of an educational institution who has
exposure to a pupil specified in subsection (a) of K.S.A. 1999 Supp. 72-
89b03 and amendments thereto.
Sec. 83. K.S.A. 38-1533 is hereby amended to read as follows: 38-
1533. (a) Persons upon whom served. The summons and a copy of the
petition shall be served on the child alleged to be a child in need of care
by serving the guardian ad litem appointed for the child, the parents or
parent having legal custody or who may be ordered to pay child support
by the court, the person with whom the child is residing and any other
person designated by the county or district attorney. A copy of the petition
and notice of hearing shall be mailed by regular mail, to the child's grand-
parents with whom the child does not reside.
(b) Form of summons. The summons shall be issued by the clerk,
dated the day it is issued, contain the name of the court and the caption
of the case and be in substantially the following form:
(Name of Court)
In the Interest of ________________________ Case No. ______________
(Name[s])
Date of birth ____________
Each a child under 18 years of age
S U M M O N S
TO:
(Names) (Relationship) (Addresses)
__________________ _________________ __________________
__________________ _________________ __________________
__________________ _________________ __________________
__________________ _________________ __________________
A petition has been filed in this court, a copy of which is attached.
On ________, 19 __, at __ o'clock __m. the above parent(s), and any other
person having legal custody are required to appear before this court at ________, or
prior to that time file your written response to the petition with the clerk of this court.
Failure to respond or to appear before the court at the above time will not prevent the
court from entering judgment that each child is a child in need of care if it finds judgment
should be granted and removing the child from the custody of parent, parents or any other
present legal custodian until the further order of the court. The court may order one or
both parents to pay child support. If, after a child has been adjudged to be a child in need
of care, the court finds a parent or parents to be unfit, the court may make an order
permanently terminating the parent's or parents' parental rights.
__________, an attorney, has been appointed as guardian ad litem for the child or
children. Each parent or legal custodian has the right to appear and be heard personally
either with or without an attorney. The court will appoint an attorney for any parent who
is financially unable to hire one.
Date __________, 19 ____ Clerk of the District Court
(Seal) by __________________
Sec. 84. K.S.A. 20-164, 21-3422a, 23-601, 23-602, 38-1116, 38-1301
through 38-1326, 38-1335, 38-1503, 38-1533, 59-2127, 59-2128, 60-1604,
60-1605, 60-1611, 60-1612, 60-1614, 60-1615 and 60-1617 and K.S.A.
1999 Supp. 5-509, 20-302b, 23-701, 23-1001, 23-1002, 38-1121, 38-1132,
38-1138, 38-1502, 59-3009, 60-1607, 60-1610, 60-1616, 60-1620, 60-
1621, 60-3103, 60-3106 and 60-3107 are hereby repealed.
Sec. 85. This act shall take effect and be in force from and after its
publication in the statute book.