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Session of 1999
          SENATE BILL No. 382           By Special Committee on Judiciary           12-15          

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  9             AN ACT enacting the uniform child-custody jurisdiction and enforce-
10             ment act; amending K.S.A. 38-1503, 59-2128, 60-1604, 60-1605 and
11             60-1611 and K.S.A. 1999 Supp. 59-3009, 60-1610 and 60-3103 and
12             repealing the existing sections; also repealing K.S.A. 38-1301 through
13             38-1326 and 38-1335.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             New Section  1. (UCCJEA 101). This act may be cited as the uniform
17       child-custody jurisdiction and enforcement act.
18             New Sec.  2. (UCCJEA 102). In this act:
19             (1) "Abandoned" means left without provision for reasonable and
20       necessary care or supervision.
21             (2) "Child" means an individual who has not attained 18 years of age.
22             (3) "Child-custody determination" means a judgment, decree, or
23       other order of a court providing for the legal custody, physical custody,
24       or visitation with respect to a child. The term includes a permanent,
25       temporary, initial, and modification order. The term does not include an
26       order relating to child support or other monetary obligation of an
27       individual.
28             (4) "Child-custody proceeding" means a proceeding in which legal
29       custody, physical custody, or visitation with respect to a child is an issue.
30       The term includes a proceeding for divorce, separation, neglect, abuse,
31       dependency, guardianship, paternity, termination of parental rights, and
32       protection from domestic violence, in which the issue may appear. The
33       term does not include a proceeding involving juvenile delinquency, con-
34       tractual emancipation, or enforcement under sections 23 through 39 and
35       amendments thereto.
36             (5) "Commencement" means the filing of the first pleading in a
37       proceeding.
38             (6) "Court" means an entity authorized under the law of a state to
39       establish, enforce, or modify a child-custody determination.
40             (7) "Home state" means the state in which a child lived with a parent
41       or a person acting as a parent for at least six consecutive months imme-
42       diately before the commencement of a child-custody proceeding. In the
43       case of a child less than six months of age, the term means the state in

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  1       which the child lived from birth with any of the persons mentioned. A
  2       period of temporary absence of any of the mentioned persons is part of
  3       the period.
  4             (8) "Initial determination" means the first child-custody determina-
  5       tion concerning a particular child.
  6             (9) "Issuing court" means the court that makes a child-custody de-
  7       termination for which enforcement is sought under this act.
  8             (10) "Issuing state" means the state in which a child-custody deter-
  9       mination is made.
10             (11) "Modification" means a child-custody determination that
11       changes, replaces, supersedes, or is otherwise made after a previous de-
12       termination concerning the same child, whether or not it is made by the
13       court that made the previous determination.
14             (12) "Person" means an individual, corporation, business trust, estate,
15       trust, partnership, limited liability company, association, joint venture,
16       government; governmental subdivision, agency, or instrumentality; public
17       corporation; or any other legal or commercial entity.
18             (13) "Person acting as a parent" means a person, other than a parent,
19       who:
20             (A) Has physical custody of the child or has had physical custody for
21       period of six consecutive months, including any temporary absence,
22       within one year immediately before the commencement of a child-cus-
23       tody proceeding; and
24             (B) has been awarded legal custody by a court or claims a right to
25       legal custody under the law of this state.
26             (14) "Physical custody" means the physical care and supervision of a
27       child.
28             (15) "State" means a state of the United States, the District of Co-
29       lumbia, Puerto Rico, the United States Virgin Islands, or any territory or
30       insular possession subject to the jurisdiction of the United States.
31             (16) "Tribe" means an Indian tribe or band, or Alaskan Native village,
32       which is recognized by federal law or formally acknowledged by a state.
33             (17) "Warrant" means an order issued by a court authorizing law
34       enforcement officers to take physical custody of a child.
35             New Sec.  3. (UCCJEA 103). This act does not govern an adoption
36       proceeding or a proceeding pertaining to the authorization of emergency
37       medical care for a child. Jurisdiction for adoptions shall be governed by
38       K.S.A. 59-2127, and amendments thereto.
39             New Sec.  4. (UCCJEA 104). (a) A child-custody proceeding that per-
40       tains to an Indian child as defined in the Indian Child Welfare Act, 25
41       U.S.C. § 1901 et seq., is not subject to this act to the extent that it
42       is governed by the Indian Child Welfare Act.
43             (b) A court of this state shall treat a tribe as if it were a state of the

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  1       United States for the purpose of applying sections 1 through 22 and
  2       amendments thereto.
  3             (c) A child-custody determination made by a tribe under factual cir-
  4       cumstances in substantial conformity with the jurisdictional standards of
  5       this act must be recognized and enforced under sections 23 through 39
  6       and amendments thereto.
  7             New Sec.  5. (UCCJEA 105). (a) A court of this state shall treat a
  8       foreign country as if it were a state of the United States for the purpose
  9       of applying sections 1 through 22 and amendments thereto.
10             (b) Except as otherwise provided in subsection (c), a child-custody
11       determination made in a foreign country under factual circumstances in
12       substantial conformity with the jurisdictional standards of this act must
13       be recognized and enforced under sections 23 through 39 and amend-
14       ments thereto.
15             (c) A court of this state need not apply this act if the child custody
16       law of a foreign country violates fundamental principles of human rights.
17             New Sec.  6. (UCCJEA 106). A child-custody determination made by
18       a court of this state that had jurisdiction under this act binds all persons
19       who have been served in accordance with the laws of this state or notified
20       in accordance with section 8 and amendments thereto, or who have sub-
21       mitted to the jurisdiction of the court, and who have been given an op-
22       portunity to be heard. As to those persons, the determination is conclusive
23       as to all decided issues of law and fact except to the extent the determi-
24       nation is modified.
25             New Sec.  7. (UCCJEA 107). If a question of existence or exercise of
26       jurisdiction under this act is raised in a child-custody proceeding, the
27       question, upon request of a party, must be given priority on the calendar
28       and handled expeditiously.
29             New Sec.  8. (UCCJEA 108). (a) Notice required for the exercise of
30       jurisdiction when a person is outside this state may be given in a manner
31       prescribed by the law of this state for service of process or by the law of
32       the state in which the service is made. Notice must be given in a manner
33       reasonably calculated to give actual notice but may be by publication if
34       other means are not effective.
35             (b) Proof of service may be made in the manner prescribed by the
36       law of this state or by the law of the state in which the service is made.
37             (c) Notice is not required for the exercise of jurisdiction with respect
38       to a person who submits to the jurisdiction of the court.
39             New Sec.  9. (UCCJEA 109). (a) A party to a child-custody proceed-
40       ing, including a modification proceeding, or a petitioner or respondent in
41       a proceeding to enforce or register a child-custody determination, is not
42       subject to personal jurisdiction in this state for another proceeding or
43       purpose solely by reason of having participated, or of having been phys-

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  1       ically present for the purpose of participating, in the proceeding.
  2             (b) A person who is subject to personal jurisdiction in this state on a
  3       basis other than physical presence is not immune from service of process
  4       in this state. A party present in this state who is subject to the jurisdiction
  5       of another state is not immune from service of process allowable under
  6       the laws of that state.
  7             (c) The immunity granted by subsection (a) does not extend to civil
  8       litigation based on acts unrelated to the participation in a proceeding
  9       under this act committed by an individual while present in this state.
10             New Sec.  10. (UCCJEA 110). (a) A court of this state may commu-
11       nicate with a court in another state concerning a proceeding arising under
12       this act.
13             (b) The court may allow the parties to participate in the communi-
14       cation. If the parties are not able to participate in the communication,
15       they must be given the opportunity to present facts and legal arguments
16       before a decision on jurisdiction is made.
17             (c) Communication between courts on schedules, calendars, court
18       records, and similar matters may occur without informing the parties. A
19       record need not be made of the communication.
20             (d) Except as otherwise provided in subsection (c), a record must be
21       made of a communication under this section. The parties must be in-
22       formed promptly of the communication and granted access to the record.
23             (e) For the purposes of this section, "record" means information that
24       is inscribed on a tangible medium or that is stored in an electronic or
25       other medium and is retrievable in perceivable form.
26             New Sec.  11. (UCCJEA 111). (a) In addition to other procedures
27       available to a party, a party to a child-custody proceeding may offer tes-
28       timony of witnesses who are located in another state, including testimony
29       of the parties and the child, by deposition or other means allowable in
30       this state for testimony taken in another state. The court on its own mo-
31       tion may order that the testimony of a person be taken in another state
32       and may prescribe the manner in which and the terms upon which the
33       testimony is taken.
34             (b) A court of this state may permit an individual residing in another
35       state to be deposed or to testify by telephone, audiovisual means, or other
36       electronic means before a designated court or at another location in that
37       state. A court of this state shall cooperate with courts of other states in
38       designating an appropriate location for the deposition or testimony.
39             (c) Documentary evidence transmitted from another state to a court
40       of this state by technological means that do not produce an original writing
41       may not be excluded from evidence on an objection based on the means
42       of transmission.
43             New Sec.  12. (UCCJEA 112). (a) A court of this state may request

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  1       the appropriate court of another state to:
  2             (1) Hold an evidentiary hearing;
  3             (2) order a person to produce or give evidence pursuant to proce-
  4       dures of that state;
  5             (3) order that an evaluation be made with respect to the custody of
  6       a child involved in a pending proceeding;
  7             (4) forward to the court of this state a certified copy of the transcript
  8       of the record of the hearing, the evidence otherwise presented, and any
  9       evaluation prepared in compliance with the request; and
10             (5) order a party to a child-custody proceeding or any person having
11       physical custody of the child to appear in the proceeding with or without
12       the child.
13             (b) Upon request of a court of another state, a court of this state may
14       hold a hearing or enter an order described in subsection (a).
15             (c) Travel and other necessary and reasonable expenses incurred un-
16       der subsections (a) and (b) may be assessed against the parties according
17       to the law of this state.
18             (d) A court of this state shall preserve the pleadings, orders, decrees,
19       records of hearings, evaluations, and other pertinent records with respect
20       to a child-custody proceeding until the child attains 18 years of age. Upon
21       appropriate request by a court or law enforcement official of another
22       state, the court shall forward a certified copy of those records.
23             New Sec.  13. (UCCJEA 201). (a) Except as otherwise provided in
24       section 16 and amendments thereto, a court of this state has jurisdiction
25       to make an initial child-custody determination only if:
26             (1) This state is the home state of the child on the date of the com-
27       mencement of the proceeding, or was the home state of the child within
28       six months before the commencement of the proceeding and the child is
29       absent from this state but a parent or person acting as a parent continues
30       to live in this state;
31             (2) a court of another state does not have jurisdiction under para-
32       graph (1), or a court of the home state of the child has declined to exercise
33       jurisdiction on the ground that this state is the more appropriate forum
34       under section 19 or 20 and amendments thereto, and:
35             (A) The child and the child's parents, or the child and at least one
36       parent or a person acting as a parent, have a significant connection with
37       this state other than mere physical presence; and
38             (B) substantial evidence is available in this state concerning the child's
39       care, protection, training, and personal relationships;
40             (3) all courts having jurisdiction under paragraph (1) or (2) have de-
41       clined to exercise jurisdiction on the ground that a court of this state is
42       the more appropriate forum to determine the custody of the child under
43       section 19 or 20 and amendments thereto; or

6
  1             (4) no court of any other state would have jurisdiction under the
  2       criteria specified in paragraph (1), (2), or (3).
  3             (b) Subsection (a) is the exclusive jurisdictional basis for making a
  4       child-custody determination by a court of this state.
  5             (c) Physical presence of, or personal jurisdiction over, a party or a
  6       child is not necessary or sufficient to make a child-custody determination.
  7             New Sec.  14. (UCCJEA 202). (a) Except as otherwise provided in
  8       section 16 and amendments thereto, a court of this state which has made
  9       a child-custody determination consistent with section 13 or 15 and
10       amendments thereto, has exclusive, continuing jurisdiction over the de-
11       termination until:
12             (1) A court of this state determines that neither the child, the child's
13       parents, and any person acting as a parent do not have a significant con-
14       nection with this state and that substantial evidence is no longer available
15       in this state concerning the child's care, protection, training, and personal
16       relationships; or
17             (2) a court of this state or a court of another state determines that
18       the child, the child's parents, and any person acting as a parent do not
19       presently reside in this state.
20             (b) A court of this state which has made a child-custody determina-
21       tion and does not have exclusive, continuing jurisdiction under this section
22       may modify that determination only if it has jurisdiction to make an initial
23       determination under section 13 and amendments thereto.
24             New Sec.  15. (UCCJEA 203). Except as otherwise provided in sec-
25       tion 16 and amendments thereto, a court of this state may not modify a
26       child-custody determination made by a court of another state unless a
27       court of this state has jurisdiction to make an initial determination under
28       subsection (a)(1) or (2) of section 13 and amendments thereto, and:
29             (1) The court of the other state determines it no longer has exclusive,
30       continuing jurisdiction under section 14 and amendments thereto, or that
31       a court of this state would be a more convenient forum under section 19
32       and amendments thereto; or
33             (2) a court of this state or a court of the other state determines that
34       the child, the child's parents, and any person acting as a parent do not
35       presently reside in the other state.
36             New Sec.  16. (UCCJEA 204). (a) A court of this state has temporary
37       emergency jurisdiction if the child is present in this state and the child
38       has been abandoned or it is necessary in an emergency to protect the
39       child because the child, or a sibling or parent of the child, is subjected to
40       or threatened with mistreatment or abuse.
41             (b) If there is no previous child-custody determination that is entitled
42       to be enforced under this act and a child-custody proceeding has not been
43       commenced in a court of a state having jurisdiction under sections 13

7
  1       through 15 and amendments thereto, a child-custody determination made
  2       under this section remains in effect until an order is obtained from a
  3       court of a state having jurisdiction under sections 13 through 15 and
  4       amendments thereto. If a child-custody proceeding has not been or is not
  5       commenced in a court of a state having jurisdiction under sections 13
  6       through 15 and amendments thereto, a child-custody determination made
  7       under this section becomes a final determination, if it so provides and
  8       this state becomes the home state of the child.
  9             (c) If there is a previous child-custody determination that is entitled
10       to be enforced under this act, or a child-custody proceeding has been
11       commenced in a court of a state having jurisdiction under sections 13
12       through 15 and amendments thereto, any order issued by a court of this
13       state under this section must specify in the order a period that the court
14       considers adequate to allow the person seeking an order to obtain an
15       order from the state having jurisdiction under sections 13 through 15 and
16       amendments thereto. The order issued in this state remains in effect until
17       an order is obtained from the other state within the period specified or
18       the period expires.
19             (d) A court of this state which has been asked to make a child-custody
20       determination under this section, upon being informed that a child-cus-
21       tody proceeding has been commenced in, or a child-custody determina-
22       tion has been made by, a court of a state having jurisdiction under sections
23       13 through 15 and amendments thereto, shall immediately communicate
24       with the other court. A court of this state which is exercising jurisdiction
25       pursuant to sections 13 through 15 and amendments thereto, upon being
26       informed that a child-custody proceeding has been commenced in, or a
27       child-custody determination has been made by, a court of another state
28       under a statute similar to this section shall immediately communicate with
29       the court of that state to resolve the emergency, protect the safety of the
30       parties and the child, and determine a period for the duration of the
31       temporary order.
32             New Sec.  17. (UCCJEA 205). (a) Before a child-custody determi-
33       nation is made under this act, notice and an opportunity to be heard in
34       accordance with the standards of section 8 and amendments thereto, must
35       be given to all persons entitled to notice under the law of this state as in
36       child-custody proceedings between residents of this state, any parent
37       whose parental rights have not been previously terminated, and any per-
38       son having physical custody of the child.
39             (b) This act does not govern the enforceability of a child-custody de-
40       termination made without notice or an opportunity to be heard.
41             (c) The obligation to join a party and the right to intervene as a party
42       in a child-custody proceeding under this act are governed by the law of
43       this state as in child-custody proceedings between residents of this state.

8
  1             New Sec.  18. (UCCJEA 206). (a) Except as otherwise provided in
  2       section 16 and amendments thereto, a court of this state may not exercise
  3       its jurisdiction under sections 13 through 22 and amendments thereto if,
  4       at the time of the commencement of the proceeding, a proceeding con-
  5       cerning the custody of the child has been commenced in a court of an-
  6       other state having jurisdiction substantially in conformity with this act,
  7       unless the proceeding has been terminated or is stayed by the court of
  8       the other state because a court of this state is a more convenient forum
  9       under section 19 and amendments thereto.
10             (b) Except as otherwise provided in section 16 and amendments
11       thereto, a court of this state, before hearing a child-custody proceeding,
12       shall examine the court documents and other information supplied by the
13       parties pursuant to section 21 and amendments thereto. If the court de-
14       termines that a child-custody proceeding has been commenced in a court
15       in another state having jurisdiction substantially in accordance with this
16       act, the court of this state shall stay its proceeding and communicate with
17       the court of the other state. If the court of the state having jurisdiction
18       substantially in accordance with this act does not determine that the court
19       of this state is a more appropriate forum, the court of this state shall
20       dismiss the proceeding.
21             (c) In a proceeding to modify a child-custody determination, a court
22       of this state shall determine whether a proceeding to enforce the deter-
23       mination has been commenced in another state. If a proceeding to en-
24       force a child-custody determination has been commenced in another
25       state, the court may:
26             (1) Stay the proceeding for modification pending the entry of an or-
27       der of a court of the other state enforcing, staying, denying, or dismissing
28       the proceeding for enforcement;
29             (2) enjoin the parties from continuing with the proceeding for en-
30       forcement; or
31             (3) proceed with the modification under conditions it considers
32       appropriate.
33             New Sec.  19. (UCCJEA 207). (a) A court of this state which has
34       jurisdiction under this act to make a child-custody determination may
35       decline to exercise its jurisdiction at any time if it determines that it is an
36       inconvenient forum under the circumstances and that a court of another
37       state is a more appropriate forum. The issue of inconvenient forum may
38       be raised upon motion of a party, the court's own motion, or request of
39       another court.
40             (b) Before determining whether it is an inconvenient forum, a court
41       of this state shall consider whether it is appropriate for a court of another
42       state to exercise jurisdiction. For this purpose, the court shall allow the
43       parties to submit information and shall consider all relevant factors,

9
  1       including:
  2             (1) Whether domestic violence has occurred and is likely to continue
  3       in the future and which state could best protect the parties and the child;
  4             (2) the length of time the child has resided outside this state;
  5             (3) the distance between the court in this state and the court in the
  6       state that would assume jurisdiction;
  7             (4) the relative financial circumstances of the parties;
  8             (5) any agreement of the parties as to which state should assume
  9       jurisdiction;
10             (6) the nature and location of the evidence required to resolve the
11       pending litigation, including testimony of the child;
12             (7) the ability of the court of each state to decide the issue expedi-
13       tiously and the procedures necessary to present the evidence; and
14             (8) the familiarity of the court of each state with the facts and issues
15       in the pending litigation.
16             (c) If a court of this state determines that it is an inconvenient forum
17       and that a court of another state is a more appropriate forum, it shall stay
18       the proceedings upon condition that a child-custody proceeding be
19       promptly commenced in another designated state and may impose any
20       other condition the court considers just and proper.
21             (d) A court of this state may decline to exercise its jurisdiction under
22       this act if a child-custody determination is incidental to an action for
23       divorce or another proceeding while still retaining jurisdiction over the
24       divorce or other proceeding.
25             New Sec.  20. (UCCJEA 208). (a) Except as otherwise provided in
26       section 16 and amendments thereto or by other law of this state, if a court
27       of this state has jurisdiction under this act because a person seeking to
28       invoke its jurisdiction has engaged in unjustifiable conduct, the court shall
29       decline to exercise its jurisdiction unless:
30             (1) The parents and all persons acting as parents have acquiesced in
31       the exercise of jurisdiction;
32             (2) a court of the state otherwise having jurisdiction under sections
33       13 through 15 and amendments thereto, determines that this state is a
34       more appropriate forum under section 19 and amendments thereto; or
35             (3) no court of any other state would have jurisdiction under the
36       criteria specified in sections 13 through 15 and amendments thereto.
37             (b) If a court of this state declines to exercise its jurisdiction pursuant
38       to subsection (a), it may fashion an appropriate remedy to ensure the
39       safety of the child and prevent a repetition of the unjustifiable conduct,
40       including staying the proceeding until a child-custody proceeding is com-
41       menced in a court having jurisdiction under sections 13 through 15 and
42       amendments thereto.
43             (c) If a court dismisses a petition or stays a proceeding because it

10
  1       declines to exercise its jurisdiction pursuant to subsection (a), it shall
  2       assess against the party seeking to invoke its jurisdiction necessary and
  3       reasonable expenses including costs, communication expenses, attorney
  4       fees, investigative fees, expenses for witnesses, travel expenses, and child
  5       care during the course of the proceedings, unless the party from whom
  6       fees are sought establishes that the assessment would be clearly inappro-
  7       priate. The court may not assess fees, costs, or expenses against this state
  8       unless authorized by law other than this act.
  9             New Sec.  21. (UCCJEA 209). (a) Subject to subsection (e), in a child-
10       custody proceeding, each party, in its first pleading or in an attached
11       affidavit, shall give information, if reasonably ascertainable, under oath as
12       to the child's present address or whereabouts, the places where the child
13       has lived during the last five years, and the names and present addresses
14       of the persons with whom the child has lived during that period. The
15       pleading or affidavit must state whether the party:
16             (1) Has participated, as a party or witness or in any other capacity, in
17       any other proceeding concerning the custody of or visitation with the child
18       and, if so, identify the court, the case number, and the date of the child-
19       custody determination, if any;
20             (2) knows of any proceeding that could affect the current proceeding,
21       including proceedings for enforcement and proceedings relating to do-
22       mestic violence, protective orders, termination of parental rights, and
23       adoptions and, if so, identify the court, the case number, and the nature
24       of the proceeding; and
25             (3) knows the names and addresses of any person not a party to the
26       proceeding who has physical custody of the child or claims rights of legal
27       custody or physical custody of, or visitation with, the child and, if so, the
28       names and addresses of those persons.
29             (b) If the information required by subsection (a) is not furnished, the
30       court, upon motion of a party or its own motion, may stay the proceeding
31       until the information is furnished.
32             (c) If the declaration as to any of the items described in subsection
33       (a)(1) through (3) is in the affirmative, the declarant shall give additional
34       information under oath as required by the court. The court may examine
35       the parties under oath as to details of the information furnished and other
36       matters pertinent to the court's jurisdiction and the disposition of the
37       case.
38             (d) Each party has a continuing duty to inform the court of any pro-
39       ceeding in this or any other state that could affect the current proceeding.
40             (e) If a party alleges in an affidavit or a pleading under oath that the
41       health, safety, or liberty of a party or child would be jeopardized by dis-
42       closure of identifying information, the information must be sealed and
43       may not be disclosed to the other party or the public unless the court

11
  1       orders the disclosure to be made after a hearing in which the court takes
  2       into consideration the health, safety, or liberty of the party or child and
  3       determines that the disclosure is in the interest of justice.
  4             New Sec.  22. (UCCJEA 210). (a) In a child-custody proceeding in
  5       this state, the court may order a party to the proceeding who is in this
  6       state to appear before the court in person with or without the child. The
  7       court may order any person who is in this state and who has physical
  8       custody or control of the child to appear in person with the child.
  9             (b) If a party to a child-custody proceeding whose presence is desired
10       by the court is outside this state, the court may order that a notice given
11       pursuant to section 8 and amendments thereto include a statement di-
12       recting the party to appear in person with or without the child and in-
13       forming the party that failure to appear may result in a decision adverse
14       to the party.
15             (c) The court may enter any orders necessary to ensure the safety of
16       the child and of any person ordered to appear under this section.
17             (d) If a party to a child-custody proceeding who is outside this state
18       is directed to appear under subsection (b) or desires to appear personally
19       before the court with or without the child, the court may require another
20       party to pay reasonable and necessary travel and other expenses of the
21       party so appearing and of the child.
22             New Sec.  23. (UCCJEA 301). In sections 23 through 39 and amend-
23       ments thereto:
24             (1) "Petitioner" means a person who seeks enforcement of an order
25       for return of a child under the Hague Convention on the civil aspects of
26       international child abduction or enforcement of a child-custody
27       determination.
28             (2) "Respondent" means a person against whom a proceeding has
29       been commenced for enforcement of an order for return of a child under
30       the Hague Convention on the civil aspects of international child abduction
31       or enforcement of a child-custody determination.
32             New Sec.  24. (UCCJEA 302). Under sections 23 through 39 and
33       amendments thereto, a court of this state may enforce an order for the
34       return of the child made under the Hague Convention on the civil aspects
35       of international child abduction as if it were a child-custody
36       determination.
37             New Sec.  25. (UCCJEA 303). (a) A court of this state shall recognize
38       and enforce a child-custody determination of a court of another state if
39       the latter court exercised jurisdiction in substantial conformity with this
40       act or the determination was made under factual circumstances meeting
41       the jurisdictional standards of this act and the determination has not been
42       modified in accordance with this act.
43             (b) A court of this state may utilize any remedy available under other

12
  1       law of this state to enforce a child-custody determination made by a court
  2       of another state. The remedies provided in sections 23 through 39 and
  3       amendments thereto, are cumulative and do not affect the availability of
  4       other remedies to enforce a child-custody determination.
  5             New Sec.  26. (UCCJEA 304). (a) A court of this state which does
  6       not have jurisdiction to modify a child-custody determination, may issue
  7       a temporary order enforcing:
  8             (1) A visitation schedule made by a court of another state; or
  9             (2) the visitation provisions of a child-custody determination of an-
10       other state that does not provide for a specific visitation schedule.
11             (b) If a court of this state makes an order under subsection (a)(2), it
12       shall specify in the order a period that it considers adequate to allow the
13       petitioner to obtain an order from a court having jurisdiction under the
14       criteria specified in sections 13 through 22 and amendments thereto. The
15       order remains in effect until an order is obtained from the other court or
16       the period expires.
17             New Sec.  27. (UCCJEA 305). (a) A child-custody determination is-
18       sued by a court of another state may be registered in this state, with or
19       without a simultaneous request for enforcement, by sending to the district
20       court in this state:
21             (1) A letter or other document requesting registration;
22             (2) two copies, including one certified copy, of the determination
23       sought to be registered, and a statement under penalty of perjury that to
24       the best of the knowledge and belief of the person seeking registration
25       the order has not been modified; and
26             (3) except as otherwise provided in section 21 and amendments
27       thereto, the name and address of the person seeking registration and any
28       parent or person acting as a parent who has been awarded custody or
29       visitation in the child-custody determination sought to be registered.
30             (b) On receipt of the documents required by subsection (a), the reg-
31       istering court shall:
32             (1) Cause the determination to be filed as a foreign judgment, to-
33       gether with one copy of any accompanying documents and information,
34       regardless of their form; and
35             (2) serve notice upon the persons named pursuant to subsection
36       (a)(3) and provide them with an opportunity to contest the registration
37       in accordance with this section.
38             (c) The notice required by subsection (b)(2) must state that:
39             (1) A registered determination is enforceable as of the date of the
40       registration in the same manner as a determination issued by a court of
41       this state;
42             (2) a hearing to contest the validity of the registered determination
43       must be requested within 20 days after service of notice; and

13
  1             (3) failure to contest the registration will result in confirmation of the
  2       child-custody determination and preclude further contest of that deter-
  3       mination with respect to any matter that could have been asserted.
  4             (d) A person seeking to contest the validity of a registered order must
  5       request a hearing within 20 days after service of the notice. At that hear-
  6       ing, the court shall confirm the registered order unless the person con-
  7       testing registration establishes that:
  8             (1) The issuing court did not have jurisdiction under sections 13
  9       through 22 and amendments thereto;
10             (2) the child-custody determination sought to be registered has been
11       vacated, stayed, or modified by a court having jurisdiction to do so under
12       sections 13 through 22 and amendments thereto; or
13             (3) the person contesting registration was entitled to notice, but no-
14       tice was not given in accordance with the standards of section 8 and
15       amendments thereto, in the proceedings before the court that issued the
16       order for which registration is sought.
17             (e) If a timely request for a hearing to contest the validity of the
18       registration is not made, the registration is confirmed as a matter of law
19       and the person requesting registration and all persons served must be
20       notified of the confirmation.
21             (f) Confirmation of a registered order, whether by operation of law
22       or after notice and hearing, precludes further contest of the order with
23       respect to any matter that could have been asserted at the time of
24       registration.
25             (g) There shall be no fee for registering a child-custody determination
26       issued by a court of another state pursuant to this section. The fee for
27       enforcement or modification of any child custody determination shall be
28       as prescribed in K.S.A. 1999 Supp. 60-1621, and amendments thereto.
29             New Sec.  28. (UCCJEA 306). (a) A court of this state may grant any
30       relief normally available under the law of this state to enforce a registered
31       child-custody determination made by a court of another state.
32             (b) A court of this state shall recognize and enforce, but may not
33       modify, except in accordance with sections 13 through 22 and amend-
34       ments thereto, a registered child-custody determination of a court of an-
35       other state.
36             New Sec.  29. (UCCJEA 307). If a proceeding for enforcement under
37       sections 23 through 39 and amendments thereto is commenced in a court
38       of this state and the court determines that a proceeding to modify the
39       determination is pending in a court of another state having jurisdiction
40       to modify the determination under sections 13 through 22 and amend-
41       ments thereto, the enforcing court shall immediately communicate with
42       the modifying court. The proceeding for enforcement continues unless
43       the enforcing court, after consultation with the modifying court, stays or

14
  1       dismisses the proceeding.
  2             New Sec.  30. (UCCJEA 308). (a) A petition under sections 23
  3       through 39 and amendments thereto, must be verified. Certified copies
  4       of all orders sought to be enforced and of any order confirming registra-
  5       tion must be attached to the petition. A copy of a certified copy of an
  6       order may be attached instead of the original.
  7             (b) A petition for enforcement of a child-custody determination must
  8       state:
  9             (1) Whether the court that issued the determination identified the
10       jurisdictional basis it relied upon in exercising jurisdiction and, if so, what
11       the basis was;
12             (2) whether the determination for which enforcement is sought has
13       been vacated, stayed, or modified by a court whose decision must be
14       enforced under this act and, if so, identify the court, the case number,
15       and the nature of the proceeding;
16             (3) whether any proceeding has been commenced that could affect
17       the current proceeding, including proceedings relating to domestic vio-
18       lence, protective orders, termination of parental rights, and adoptions
19       and, if so, identify the court, the case number, and the nature of the
20       proceeding;
21             (4) the present physical address of the child and the respondent, if
22       known;
23             (5) whether relief in addition to the immediate physical custody of
24       the child and attorney fees is sought, including a request for assistance
25       from law enforcement officials and, if so, the relief sought; and
26             (6) if the child-custody determination has been registered and con-
27       firmed under section 27 and amendments thereto, the date and place of
28       registration.
29             (c) Upon the filing of a petition, the court shall issue an order di-
30       recting the respondent to appear in person with or without the child at a
31       hearing and may enter any order necessary to ensure the safety of the
32       parties and the child. The hearing must be held on the next judicial day
33       after service of the order unless that date is impossible. In that event, the
34       court shall hold the hearing on the first judicial day possible. The court
35       may extend the date of hearing at the request of the petitioner.
36             (d) An order issued under subsection (c) must state the time and
37       place of the hearing and advise the respondent that at the hearing the
38       court will order that the petitioner may take immediate physical custody
39       of the child and the payment of fees, costs, and expenses under section
40       34 and amendments thereto, and may schedule a hearing to determine
41       whether further relief is appropriate, unless the respondent appears and
42       establishes that:
43             (1) The child-custody determination has not been registered and con-

15
  1       firmed under section 27 and amendments thereto and that:
  2             (A) The issuing court did not have jurisdiction under sections 13
  3       through 22 and amendments thereto;
  4             (B) the child-custody determination for which enforcement is sought
  5       has been vacated, stayed, or modified by a court having jurisdiction to do
  6       so under sections 13 through 22 and amendments thereto;
  7             (C) the respondent was entitled to notice, but notice was not given
  8       in accordance with the standards of section 8 and amendments thereto,
  9       in the proceedings before the court that issued the order for which en-
10       forcement is sought; or
11             (2) the child-custody determination for which enforcement is sought
12       was registered and confirmed under section 26 and amendments thereto,
13       but has been vacated, stayed, or modified by a court of a state having
14       jurisdiction to do so under sections 13 through 22 and amendments
15       thereto.
16             New Sec.  31. (UCCJEA 309). Except as otherwise provided in sec-
17       tion 33 and amendments thereto, the petition and order must be served,
18       by any method authorized by the law of this state, upon respondent and
19       any person who has physical custody of the child.
20             New Sec.  32. (UCCJEA 310). (a) Unless the court issues a temporary
21       emergency order pursuant to section 16 and amendments thereto, upon
22       a finding that a petitioner is entitled to immediate physical custody of the
23       child, the court shall order that the petitioner may take immediate phys-
24       ical custody of the child unless the respondent establishes that:
25             (1) The child-custody determination has not been registered and con-
26       firmed under section 27 and amendments thereto, and that:
27             (A) The issuing court did not have jurisdiction under sections 13
28       through 22 and amendments thereto;
29             (B) the child-custody determination for which enforcement is sought
30       has been vacated, stayed, or modified by a court of a state having juris-
31       diction to do so under sections 13 through 22 and amendments thereto;
32       or
33             (C) the respondent was entitled to notice, but notice was not given
34       in accordance with the standards of section 8 and amendments thereto,
35       in the proceedings before the court that issued the order for which en-
36       forcement is sought; or
37             (2) the child-custody determination for which enforcement is sought
38       was registered and confirmed under section 27 and amendments thereto,
39       but has been vacated, stayed, or modified by a court of a state having
40       jurisdiction to do so under sections 13 through 22 and amendments
41       thereto.
42             (b) The court shall award the fees, costs, and expenses authorized
43       under section 34 and amendments thereto and may grant additional relief,

16
  1       including a request for the assistance of law enforcement officials, and
  2       set a further hearing to determine whether additional relief is appropriate.
  3             (c) If a party called to testify refuses to answer on the ground that
  4       the testimony may be self-incriminating, the court may draw an adverse
  5       inference from the refusal.
  6             (d) A privilege against disclosure of communications between spouses
  7       and a defense of immunity based on the relationship of husband and wife
  8       or parent and child may not be invoked in a proceeding under sections
  9       23 through 39 and amendments thereto.
10             New Sec.  33. (UCCJEA 311). (a) Upon the filing of a petition seek-
11       ing enforcement of a child-custody determination, the petitioner may file
12       a verified application for the issuance of a warrant to take physical custody
13       of the child if the child is immediately likely to suffer serious physical
14       harm or be removed from this state.
15             (b) If the court, upon the testimony of the petitioner or other witness,
16       finds that the child is imminently likely to suffer serious physical harm or
17       be removed from this state, it may issue a warrant to take physical custody
18       of the child. The petition must be heard on the next judicial day after the
19       warrant is executed unless that date is impossible. In that event, the court
20       shall hold the hearing on the first judicial day possible. The application
21       for the warrant must include the statements required by subsection (b)
22       of section 30 and amendments thereto.
23             (c) A warrant to take physical custody of a child must:
24             (1) Recite the facts upon which a conclusion of imminent serious
25       physical harm or removal from the jurisdiction is based;
26             (2) direct law enforcement officers to take physical custody of the
27       child immediately; and
28             (3) provide for the placement of the child pending final relief.
29             (d) The respondent must be served with the petition, warrant, and
30       order immediately after the child is taken into physical custody.
31             (e) A warrant to take physical custody of a child is enforceable
32       throughout this state. If the court finds on the basis of the testimony of
33       the petitioner or other witness that a less intrusive remedy is not effective,
34       it may authorize law enforcement officers to enter private property to
35       take physical custody of the child. If required by exigent circumstances
36       of the case, the court may authorize law enforcement officers to make a
37       forcible entry at any hour.
38             (f) The court may impose conditions upon placement of a child to
39       ensure the appearance of the child and the child's custodian.
40             New Sec.  34. (UCCJEA 312). (a) The court shall award the prevail-
41       ing party, including a state, necessary and reasonable expenses incurred
42       by or on behalf of the party, including costs, communication expenses,
43       attorney fees, investigative fees, expenses for witnesses, travel expenses,

17
  1       and child care during the course of the proceedings, unless the party from
  2       whom fees or expenses are sought establishes that the award would be
  3       clearly inappropriate.
  4             (b) The court may not assess fees, costs, or expenses against a state
  5       unless authorized by law other than this act.
  6             New Sec.  35. (UCCJEA 313). A court of this state shall accord full
  7       faith and credit to an order issued by another state and consistent with
  8       this act which enforces a child-custody determination by a court of an-
  9       other state unless the order has been vacated, stayed, or modified by a
10       court having jurisdiction to do so under sections 13 through 22 and
11       amendments thereto.
12             New Sec.  36. (UCCJEA 314). An appeal may be taken from a final
13       order in a proceeding under sections 23 through 39 and amendments
14       thereto, in accordance with expedited appellate procedures in other civil
15       cases. Unless the court enters a temporary emergency order under section
16       16 and amendments thereto, the enforcing court may not stay an order
17       enforcing a child-custody determination pending appeal.
18             New Sec.  37. (UCCJEA 315). (a) In a case arising under this act or
19       involving the Hague Convention on the civil aspects of international child
20       abduction, the prosecutor may take any lawful action, including resort to
21       a proceeding under sections 23 through 39 and amendments thereto or
22       any other available civil proceeding to locate a child, obtain the return of
23       a child, or enforce a child-custody determination if there is:
24             (1) An existing child-custody determination;
25             (2) a request to do so from a court in a pending child-custody
26       proceeding;
27             (3) a reasonable belief that a criminal statute has been violated; or
28             (4) a reasonable belief that the child has been wrongfully removed
29       or retained in violation of the Hague Convention on the civil aspects of
30       international child abduction.
31             (b) A prosecutor acting under this section acts on behalf of the court
32       and may not represent any party.
33             New Sec.  38. (UCCJEA 316). At the request of a prosecutor acting
34       under section 37 and amendments thereto, a law enforcement officer may
35       take any lawful action reasonably necessary to locate a child or a party
36       and assist a prosecutor with responsibilities under section 37 and amend-
37       ments thereto.
38             New Sec.  39. (UCCJEA 317). If the respondent is not the prevailing
39       party, the court may assess against the respondent all direct expenses and
40       costs incurred by the prosecutor and law enforcement officers under sec-
41       tion 37 or 38 and amendments thereto.
42             New Sec.  40. (UCCJEA 401). In applying and construing this uni-
43       form act, consideration must be given to the need to promote uniformity

18
  1       of the law with respect to its subject matter among states that enact it.
  2             New Sec.  41. (UCCJEA 402). If any provision of this act or its ap-
  3       plication to any person or circumstance is held invalid, the invalidity does
  4       not affect other provisions or applications of this act which can be given
  5       effect without the invalid provision or application, and to this end the
  6       provisions of this act are severable.
  7             New Sec.  42. (UCCJEA 405). A motion or other request for relief
  8       made in a child-custody proceeding or to enforce a child-custody deter-
  9       mination which was commenced before the effective date of this act is
10       governed by the law in effect at the time the motion or other request was
11       made.
12             Sec.  43. K.S.A. 38-1116 is hereby amended to read as follows: 38-
13       1116. (a) The district court has jurisdiction of an action brought under
14       this the Kansas parentage act. The action may be joined with an action
15       for divorce, annulment, separate maintenance, support or adoption.
16             (b) If any custody or visitation determination is sought in any action
17       under the Kansas parentage act, the initial pleading seeking that deter-
18       mination shall include that information required by section 21, and
19       amendments thereto;
20             (b)(c) The action may be brought in the county in which the child,
21       the mother or the presumed or alleged father resides or is found. If a
22       parent or an alleged or presumed parent is deceased, an action may be
23       brought in the county in which proceedings for probate of the estate of
24       the parent or alleged or presumed parent have been or could be
25       commenced.
26             Sec.  44. K.S.A. 38-1503 is hereby amended to read as follows: 38-
27       1503. (a) Proceedings concerning any child who appears to be a child in
28       need of care shall be governed by this code, except in those instances
29       when the Indian child welfare act of 1978 (25 U.S.C. § § 1901 et seq.)
30       applies.
31             (b) Subject to the uniform child custody jurisdiction and enforcement
32       act, K.S.A. 38-1301 et seq. sections 1 through 42 and amendments thereto,
33       the district court shall have original jurisdiction to receive and determine
34       proceedings under this code.
35             (c) When jurisdiction has been acquired by the court over the person
36       of a child in need of care it may continue until the child: (1) Has attained
37       the age of 21 years; (2) has been adopted; or (3) has been discharged by
38       the court. Any child 18 years of age or over may request, by motion to
39       the court, that the jurisdiction of the court cease. Subsequently, the court
40       shall enter an order discharging the person from any further jurisdiction
41       of the court.
42             (d) When it is no longer appropriate for the court to exercise juris-
43       diction over a child the court, upon its own motion or the motion of an

19
  1       interested party, shall enter an order discharging the child. Except upon
  2       request of the child, the court shall not enter an order discharging a child
  3       which reaches 18 years of age before completing the child's high school
  4       education until June 1 of the school year during which the child became
  5       18 years of age as long as the child is still attending high school.
  6             (e) Unless the court finds that substantial injustice would result, the
  7       provisions of this code shall govern with respect to acts or omissions oc-
  8       curring prior to the effective date of this code and with respect to children
  9       alleged or adjudicated to have done or to have been affected by the acts
10       or omissions, to the same extent as if the acts or omissions had occurred
11       on or after the effective date and the children had been alleged or ad-
12       judicated to be children in need of care.
13             Sec.  45. K.S.A. 59-2127 is hereby amended to read as follows: 59-
14       2127. (a) If the basis for venue in an agency adoption is subsection (b)(3)
15       of K.S.A. 59-2126 and the petitioner does not reside in Kansas and the
16       child to be adopted did not reside in Kansas prior to receipt of custody
17       by the agency, the court shall determine whether or not to exercise its
18       jurisdiction under this act based on the best interests of the child. For
19       this purpose the court shall consider the following factors:
20             (1) If another state recently was the child's or mother's home state;
21             (2) if another state has a closer connection with the child or the child's
22       adoptive or genetic parent or parents;
23             (3) if substantial evidence concerning the child's present or future
24       care, protection, training and personal relationships is more readily avail-
25       able in another state;
26             (4) the unavailability of placement opportunities for such child within
27       the state of Kansas; and
28             (5) any other factor the court deems relevant in its determination of
29       whether or not to exercise its jurisdiction.
30             (a) Except as otherwise provided in subsections (b) and (c), a court
31       of this state has jurisdiction over a proceeding for the adoption of a minor
32       commenced under this act if:
33             (1) Immediately before commencement of the proceeding, the minor
34       lived in this state with a parent, a guardian, a prospective adoptive parent,
35       or another person acting as parent, for at least six consecutive months,
36       excluding periods of temporary absence, or, in the case of a minor under
37       six months of age, lived in this state from soon after birth with any of
38       those individuals and there is available in this state substantial evidence
39       concerning the minor's present or future care;
40             (2) immediately before commencement of the proceeding, the pro-
41       spective adoptive parent lived in this state for at least six consecutive
42       months, excluding periods of temporary absence, and there is available in
43       this state substantial evidence concerning the minor's present or future

20
  1       care;
  2             (3) the agency that placed the minor for adoption is located in this
  3       state and it is in the best interest of the minor that a court of this state
  4       assume jurisdiction because:
  5             (A) The minor and the minor's parents, or the minor and the pro-
  6       spective adoptive parent, have a significant connection with this state;
  7       and
  8             (B) there is available in this state substantial evidence concerning the
  9       minor's present or future care;
10             (4) the minor and the prospective adoptive parent are physically pres-
11       ent in this state and the minor has been abandoned or it is necessary in
12       an emergency to protect the minor because the minor has been subjected
13       to or threatened with mistreatment or abuse; or
14             (5) all courts having jurisdiction under paragraph (1), (2), (3) or (4)
15       have declined to exercise jurisdiction on the ground that a court of this
16       state is the more appropriate forum to determine the custody of the child.
17             (b) A court of this state may not exercise jurisdiction over a proceed-
18       ing for adoption of a minor if at the time the petition for adoption is filed
19       a proceeding concerning the custody or adoption of the minor is pending
20       in a court of another state exercising jurisdiction substantially in conform-
21       ity with the uniform child custody jurisdiction act, or the uniform child
22       custody jurisdiction and enforcement act, or this act unless the proceeding
23       is stayed by the court of the other state.
24             (c) If a court of another state has issued a decree or order concerning
25       the custody of a minor who may be the subject of a proceeding for adop-
26       tion in this state, a court of this state may not exercise jurisdiction over a
27       proceeding for adoption of the minor unless:
28             (1) The court of this state finds that the court of the state which issued
29       the decree or order:
30             (A) Does not have continuing jurisdiction to modify the decree or order
31       under jurisdictional prerequisites substantially in accordance with the
32       uniform child custody jurisdiction act, or the uniform child custody ju-
33       risdiction and enforcement act, or has declined to assume jurisdiction to
34       modify the decree or order, or
35             (B) does not have jurisdiction over a proceeding for adoption sub-
36       stantially in conformity with subsection (a)(l) through (4) or has declined
37       to assume jurisdiction proceeding for adoption; and
38             (2) the court of this state has jurisdiction over the proceeding.
39             (b)(d) Before determining whether or not to exercise its jurisdiction
40       the court may communicate with a court of another state and exchange
41       information pertinent to the assumption of jurisdiction by either court
42       with a view to assuring that jurisdiction will be exercised by such court
43       of another state and that a forum will be available to the parties.

21
  1             (c)(e) If the court determines not to exercise its jurisdiction, it may
  2       dismiss the proceedings, or it may stay the proceedings upon condition
  3       that an adoption proceeding be promptly commenced in another named
  4       state or upon any other conditions which may be just and proper.
  5             Sec.  46. K.S.A. 59-2128 is hereby amended to read as follows: 59-
  6       2128. (a) A petition for adoption shall be filed by the person desiring to
  7       adopt the child, and shall state the following information, if reasonably
  8       ascertainable, under oath:
  9             (1) In an independent adoption: (A) The name, residence and address
10       of the petitioner;
11             (B) the name of the child, the date, time and place of the child's
12       birth, and the place at which the child resides;
13             (C) the suitability of the petitioner to assume the relationship;
14             (D) whether one or both parents are living and the name, date of
15       birth, residence and address of those living, so far as known to the
16       petitioner;
17             (E) the facts relied upon as eliminating the necessity for the consent,
18       if the consent of either or both parents is not obtained;
19             (F) the information required by the uniform child custody jurisdic-
20       tion act under K.S.A. 38-1309 and amendments thereto; and
21             (G) whether the interstate compact on placement of children, K.S.A.
22       38-1201 et seq. and amendments thereto, and the Indian child welfare
23       act, 25 U.S.C. 1901 et seq., are applicable and have been or will be com-
24       plied with prior to the hearing;
25             (2) in an agency adoption, all requirements contained in subsection
26       (a)(1) except subsection (a)(1)(E), and if applicable, the factual basis upon
27       which the court should determine to exercise its jurisdiction as provided
28       in K.S.A. 59-2127; or
29             (3) in a stepparent adoption, all requirements contained in subsection
30       (a)(1) except that a statement of compliance with the interstate compact
31       on placement of children is not required.
32             (1) the name, residence and address of the petitioner;
33             (2) the suitability of the petitioner to assume the relationship;
34             (3) the name of the child, the date, time and place of the child's birth,
35       and the present address or whereabouts of the child;
36             (4) the places where the child has lived during the last five years;
37             (5) the names and present addresses of the persons with whom the
38       child has lived during that period;
39             (6) whether the party has participated, as a party or witness or in
40       any other capacity, in any other proceeding concerning the custody of or
41       visitation with the child and, if so, identify the court, the case number,
42       and the date of the child-custody determination, if any;
43             (7) whether the party knows of any proceeding that could affect the

22
  1       current proceeding, including proceedings for enforcement and proceed-
  2       ings relating to domestic violence, protective orders, termination of pa-
  3       rental rights, and adoptions and, if so, identify the court, the case number,
  4       and the nature of the proceeding;
  5             (8) whether the party knows the names and addresses of any person
  6       not a party to the proceeding who has physical custody of the child or
  7       claims rights of legal custody or physical custody of, or visitation with,
  8       the child and, if so, the names and addresses of those persons;
  9             (9) whether one or both parents are living and the name, date of birth,
10       residence and address of those living, so far as known to the petitioner;
11             (10) the facts relied upon as eliminating the necessity for the consent,
12       if the consent of either or both parents is not obtained;
13             (11) whether the interstate compact on placement of children, K.S.A.
14       38-1201 et seq. and amendments thereto, and the Indian Child Welfare
15       act, 25 U.S.C. have been or will be complied with prior to the hearing.
16             (b) If the information required by subsection (a) is not furnished, the
17       court, upon motion of a party or its own motion, may stay the proceeding
18       until the information is furnished.
19             (c) If the declaration as to any of the items described in subsection
20       (a)(6) through (a)(9) is in the affirmative, the declarant shall give addi-
21       tional information under oath as required by the court. The court may
22       examine the parties under oath as to details of the information furnished
23       and other matters pertinent to the court's jurisdiction and the disposition
24       of the case.
25             (d) The petitioner has a continuing duty to inform the court of any
26       proceeding in this or any other state that could affect the current
27       proceeding.
28             (e) A petition filed in a step parent adoption shall not require a state-
29       ment in compliance with the interstate compact on placement of children.
30             (b)(f) The written consents to adoption required by K.S.A. 59-2129,
31       and amendments thereto, the background information required by K.S.A.
32       59-2130, and amendments thereto, the accounting required by K.S.A. 59-
33       2121 and amendments thereto, and any affidavit required by K.S.A. 59-
34       2126 shall be filed with the petition for adoption.
35             Sec.  47. K.S.A. 1999 Supp. 59-3009 is hereby amended to read as
36       follows: 59-3009. Any person may file in the district court of the county
37       of the residence or presence of the proposed ward a verified petition for
38       the appointment of a guardian. Any person may file in the district court
39       of the county of the residence of the proposed conservatee a verified
40       petition for the appointment of a conservator. If the proposed conservatee
41       resides without the state, such petition may be filed in any county in which
42       any of the property of the proposed conservatee is situated.
43             (a) If the proposed ward or proposed conservatee is alleged to be a

23
  1       disabled person the petition shall state:
  2             (1) The petitioner's belief that the proposed ward or proposed con-
  3       servatee is a disabled person;
  4             (2) the name, age, residence and present address of the proposed
  5       ward or proposed conservatee, if known to the petitioner;
  6             (3) the name and address of the nearest relatives of the proposed
  7       ward or proposed conservatee, if known to the petitioner and if not
  8       known, that the petitioner has made diligent inquiry to learn the name
  9       of such relatives;
10             (4) the general character and probable value of the real and personal
11       property, including the amount and sources of income, of the proposed
12       ward or proposed conservatee, if known to the petitioner;
13             (5) the name and address of the person, if any, having custody and
14       control of the proposed ward or proposed conservatee, if known to the
15       petitioner;
16             (6) the names and addresses of witnesses by whom the truth of the
17       petition may be proved;
18             (7) the reasons for the need of the appointment of a guardian or
19       conservator, or both;
20             (8) a request that the court make a determination that the proposed
21       ward or proposed conservatee is a disabled person, make one or more of
22       the orders provided for in K.S.A. 59-3010 and 59-3011 and amendments
23       thereto, and appoint a guardian or conservator, or both; and
24             (9) the name, address, and relationship to the proposed ward or pro-
25       posed conservatee, if any, of the person whom the court is requested to
26       appoint as a guardian or as a conservator. If a proposed conservator is
27       under contract with the Kansas guardianship program, the application for
28       appointment of guardian or conservator shall so state. Any such petition
29       may be accompanied, or the court may require that such petition be
30       accompanied by a statement in writing of a physician or psychologist
31       stating that the physician or psychologist has examined the proposed ward
32       or proposed conservatee and the results of the examination on the issue
33       of whether the proposed ward or proposed conservatee is a disabled per-
34       son or the court may allow such petition to be accompanied by a verified
35       statement by the petitioner that the proposed ward or proposed conser-
36       vatee has refused to submit to an examination by a physician or
37       psychologist.
38             (b) If the proposed ward or proposed conservatee is alleged to be a
39       minor the petition shall state:
40             (1) The proposed ward or proposed conservatee is a minor;
41             (2) the name, age, residence and present address of the proposed
42       ward or proposed conservatee, if known to the petitioner;
43             (3) the information required including that information required by

24
  1       section 21, and amendments thereto, if the petition seeks appointment of
  2       a guardian for the minor;
  3             (3)(4) the name and address of the natural guardian, guardian, con-
  4       servator and custodian, if any, of the proposed ward or proposed conser-
  5       vatee, if known to the petitioner, and if not known that the petitioner has
  6       made diligent inquiry to learn their names;
  7             (4)(5) the general character and probable value of the real and per-
  8       sonal property, including the amount and sources of income, of the pro-
  9       posed ward or proposed conservatee, if known to the petitioner;
10             (5)(6) the names and addresses of witnesses by whom the truth of
11       the petition may be proved;
12             (6)(7) the reasons for the need for the appointment of a guardian or
13       conservator, or both;
14             (7)(8) a request that the court make a determination that the pro-
15       posed ward or proposed conservatee is a minor, make one or more of the
16       orders provided for by K.S.A. 59-3010 and 59-3011 and amendments
17       thereto, and appoint a guardian or a conservator, or both; and
18             (8)(9) the name, address, and relationship to the proposed ward or
19       proposed conservatee, if any, of the person whom the court is requested
20       to appoint as a guardian or as a conservator.
21             (c) If the proposed conservatee has been duly adjudged an incapac-
22       itated person, a disabled person, an insane person or an incompetent
23       person by any court of competent jurisdiction in any other state and a
24       domiciliary conservator or guardian for the estate of such person has been
25       appointed, a duly authenticated transcript of such adjudication and ap-
26       pointment shall be prima facie evidence of such incapacity and may be
27       relied upon for the appointment of an ancillary conservator in this state.
28       Such authenticated transcript shall be attached to the petition which shall
29       state:
30             (1) That the proposed conservatee has been duly adjudged an inca-
31       pacitated person, a disabled person, an insane person or an incompetent
32       person by a court of competent jurisdiction of another state and a dom-
33       iciliary conservator or guardian for such conservatee's estate has been
34       appointed, which adjudication and appointment are still in full force and
35       effect;
36             (2) the name, age, residence and present address of the proposed
37       conservatee, if known to the petitioner;
38             (3) the name and address of the nearest relatives of the proposed
39       conservatee, if known to the petitioner and if not known, that the peti-
40       tioner has made diligent inquiry to learn the name of such relatives;
41             (4) the location and value of Kansas property for which an ancillary
42       conservatorship is needed;
43             (5) the name and address of the person, if any, having custody and

25
  1       control of the proposed conservatee, if known to the petitioner;
  2             (6) the reasons for the need for the appointment of an ancillary con-
  3       servator; and
  4             (7) a request that the court appoint an ancillary conservator as pro-
  5       vided in subsection (c) of K.S.A. 59-3010 and amendments thereto.
  6             Sec.  48. K.S.A. 60-1604 is hereby amended to read as follows: 60-
  7       1604. (a) Verification of petition. The truth of the allegations of any pe-
  8       tition under this article must be verified by the petitioner in person or by
  9       the guardian of an incapacitated person.
10             (b) Captions. All pleadings shall be captioned, "In the matter of the
11       marriage of           and           ." In the
12       caption, the name of the petitioner shall appear first and the name of the
13       respondent shall appear second, but the respective parties shall not be
14       designated as such.
15             (c) Contents of petition. The grounds for divorce, annulment or sep-
16       arate maintenance shall be alleged as nearly as possible in the general
17       language of the statute, without detailed statement of facts. If there are
18       minor children of the marriage, the petition shall state their names and
19       dates of birth and shall contain, or be accompanied by an affidavit which
20       contains, the information required by K.S.A. 38-1309 section 21 and
21       amendments thereto.
22             (d) Bill of particulars. The opposing party may demand a statement
23       of the facts which shall be furnished in the form of a bill of particulars.
24       The facts stated in the bill of particulars shall be the specific facts upon
25       which the action shall be tried. If interrogatories have been served on or
26       a deposition taken of the party from whom the bill of particulars is de-
27       manded, the court in its discretion may refuse to grant the demand for a
28       bill of particulars. A copy of the bill of particulars shall be delivered to
29       the judge. The bill of particulars shall not be filed with the clerk of the
30       court or become a part of the record except on appeal, and then only
31       when the issue to be reviewed relates to the facts stated in the bill of
32       particulars. The bill of particulars shall be destroyed by the district judge
33       unless an appeal is taken, in which case the bill of particulars shall be
34       destroyed upon receipt of the final order from the appellate court.
35             (e) Service of process. Service of process shall be made in the manner
36       provided in article 3 of this chapter.
37             Sec.  49. K.S.A. 60-1605 is hereby amended to read as follows: 60-
38       1605. The respondent may answer and may also file a counterpetition
39       counterclaim for divorce, annulment or separate maintenance. If new
40       matter is set up in the answer, it shall be verified by the respondent in
41       person or by the guardian of an incapacitated person. If a counterpetition
42       counterclaim is filed, it shall be subject to the provisions of subsections
43       (a), (b) and (c) of K.S.A. 60-1604 and amendments thereto. When there

26
  1       are minor children of the marriage, the answer shall contain, or be ac-
  2       companied by an affidavit which contains, the information required by
  3       K.S.A. 38-1309 section 21, and amendments thereto.
  4             Sec.  50. K.S.A. 1999 Supp. 60-1610 is hereby amended to read as
  5       follows: 60-1610. A decree in an action under this article may include
  6       orders on the following matters:
  7             (a) Minor children. (1) Child support and education. The court shall
  8       make provisions for the support and education of the minor children. The
  9       court may modify or change any prior order, including any order issued
10       in a title IV-D case, within three years of the date of the original order
11       or a modification order, when a material change in circumstances is
12       shown, irrespective of the present domicile of the child or the parents. If
13       more than three years has passed since the date of the original order or
14       modification order, a material change in circumstance need not be shown.
15       The court may make a modification of child support retroactive to a date
16       at least one month after the date that the motion to modify was filed with
17       the court. Any increase in support ordered effective prior to the date the
18       court's judgment is filed shall not become a lien on real property pursuant
19       to K.S.A. 60-2202 and amendments thereto. Regardless of the type of
20       custodial arrangement ordered by the court, the court may order the child
21       support and education expenses to be paid by either or both parents for
22       any child less than 18 years of age, at which age the support shall ter-
23       minate unless: (A) The parent or parents agree, by written agreement
24       approved by the court, to pay support beyond the time the child reaches
25       18 years of age; (B) the child reaches 18 years of age before completing
26       the child's high school education in which case the support shall not ter-
27       minate automatically, unless otherwise ordered by the court, until June
28       30 of the school year during which the child became 18 years of age if
29       the child is still attending high school; or (C) the child is still a bona fide
30       high school student after June 30 of the school year during which the
31       child became 18 years of age, in which case the court, on motion, may
32       order support to continue through the school year during which the child
33       becomes 19 years of age so long as the child is a bona fide high school
34       student and the parents jointly participated or knowingly acquiesced in
35       the decision which delayed the child's completion of high school. The
36       court, in extending support pursuant to subsection (a)(1)(C), may impose
37       such conditions as are appropriate and shall set the child support utilizing
38       the guideline table category for 16-year through 18-year old children.
39       Provision for payment of support and educational expenses of a child after
40       reaching 18 years of age if still attending high school shall apply to any
41       child subject to the jurisdiction of the court, including those whose sup-
42       port was ordered prior to July 1, 1992. If an agreement approved by the
43       court prior to July 1, 1988, provides for termination of support before the

27
  1       date provided by subsection (a)(1)(B), the court may review and modify
  2       such agreement, and any order based on such agreement, to extend the
  3       date for termination of support to the date provided by subsection
  4       (a)(1)(B). If an agreement approved by the court prior to July 1, 1992,
  5       provides for termination of support before the date provided by subsec-
  6       tion (a)(1)(C), the court may review and modify such agreement, and any
  7       order based on such agreement, to extend the date for termination of
  8       support to the date provided by subsection (a)(1)(C). For purposes of this
  9       section, "bona fide high school student" means a student who is enrolled
10       in full accordance with the policy of the accredited high school in which
11       the student is pursuing a high school diploma or a graduate equivalency
12       diploma (GED). In determining the amount to be paid for child support,
13       the court shall consider all relevant factors, without regard to marital
14       misconduct, including the financial resources and needs of both parents,
15       the financial resources and needs of the child and the physical and emo-
16       tional condition of the child. Until a child reaches 18 years of age, the
17       court may set apart any portion of property of either the husband or wife,
18       or both, that seems necessary and proper for the support of the child.
19       Every order requiring payment of child support under this section shall
20       require that the support be paid through the clerk of the district court or
21       the court trustee except for good cause shown.
22             (2) Child custody and residency. (A) Changes in custody. Subject to
23       the provisions of the uniform child custody jurisdiction and enforcement
24       act (K.S.A. 38-1301 et seq. sections 1 through 42, and amendments
25       thereto), the court may change or modify any prior order of custody when
26       a material change of circumstances is shown, but no ex parte order shall
27       have the effect of changing the custody of a minor child from the parent
28       who has had the sole de facto custody of the child to the other parent
29       unless there is sworn testimony to support a showing of extraordinary
30       circumstances. If an interlocutory order is issued ex parte, the court shall
31       hear a motion to vacate or modify the order within 15 days of the date
32       that a party requests a hearing whether to vacate or modify the order.
33             (B) Examination of parties. The court may order physical or mental
34       examinations of the parties if requested pursuant to K.S.A. 60-235 and
35       amendments thereto.
36             (3) Child custody or residency criteria. The court shall determine
37       custody or residency of a child in accordance with the best interests of
38       the child.
39             (A) If the parties have a written agreement concerning the custody
40       or residency of their minor child, it is presumed that the agreement is in
41       the best interests of the child. This presumption may be overcome and
42       the court may make a different order if the court makes specific findings
43       of fact stating why the agreement is not in the best interests of the child.

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

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

30
  1             (b) Financial matters. (1) Division of property. The decree shall di-
  2       vide the real and personal property of the parties, including any retire-
  3       ment and pension plans, whether owned by either spouse prior to mar-
  4       riage, acquired by either spouse in the spouse's own right after marriage
  5       or acquired by the spouses' joint efforts, by: (A) A division of the property
  6       in kind; (B) awarding the property or part of the property to one of the
  7       spouses and requiring the other to pay a just and proper sum; or (C)
  8       ordering a sale of the property, under conditions prescribed by the court,
  9       and dividing the proceeds of the sale. Upon request, the trial court shall
10       set a valuation date to be used for all assets at trial, which may be the
11       date of separation, filing or trial as the facts and circumstances of the case
12       may dictate. The trial court may consider evidence regarding changes in
13       value of various assets before and after the valuation date in making the
14       division of property. In dividing defined-contribution types of retirement
15       and pension plans, the court shall allocate profits and losses on the non-
16       participant's portion until date of distribution to that nonparticipant. In
17       making the division of property the court shall consider the age of the
18       parties; the duration of the marriage; the property owned by the parties;
19       their present and future earning capacities; the time, source and manner
20       of acquisition of property; family ties and obligations; the allowance of
21       maintenance or lack thereof; dissipation of assets; the tax consequences
22       of the property division upon the respective economic circumstances of
23       the parties; and such other factors as the court considers necessary to
24       make a just and reasonable division of property. The decree shall provide
25       for any changes in beneficiary designation on: (A) Any insurance or an-
26       nuity policy that is owned by the parties, or in the case of group life
27       insurance policies, under which either of the parties is a covered person;
28       (B) any trust instrument under which one party is the grantor or holds a
29       power of appointment over part or all of the trust assets, that may be
30       exercised in favor of either party; or (C) any transfer on death or payable
31       on death account under which one or both of the parties are owners or
32       beneficiaries. Nothing in this section shall relieve the parties of the ob-
33       ligation to effectuate any change in beneficiary designation by the filing
34       of such change with the insurer or issuer in accordance with the terms
35       of such policy.
36             (2) Maintenance. The decree may award to either party an allowance
37       for future support denominated as maintenance, in an amount the court
38       finds to be fair, just and equitable under all of the circumstances. The
39       decree may make the future payments modifiable or terminable under
40       circumstances prescribed in the decree. The court may make a modifi-
41       cation of maintenance retroactive to a date at least one month after the
42       date that the motion to modify was filed with the court. In any event, the
43       court may not award maintenance for a period of time in excess of 121

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

32
  1       party, within or outside this state, with any other person before a judg-
  2       ment of divorce becomes final shall be voidable until the decree of divorce
  3       becomes final. An agreement which waives the right of appeal from the
  4       granting of the divorce and which is incorporated into the decree or
  5       signed by the parties and filed in the case shall be effective to shorten
  6       the period of time during which the remarriage is voidable.
  7             Sec.  51. K.S.A. 60-1611 is hereby amended to read as follows: 60-
  8       1611. A judgment or decree of divorce rendered in any other state or
  9       territory of the United States, in conformity with the laws thereof, shall
10       be given full faith and credit in this state, except that, if the respondent
11       in the action, at the time of the judgment or decree, was a resident of
12       this state and did not personally appear or defend the action in the court
13       of that state or territory and that court did not have jurisdiction over the
14       respondent's person, all matters relating to maintenance, property rights
15       of the parties and support of the minor children of the parties shall be
16       subject to inquiry and determination in any proper action or proceeding
17       brought in the courts of this state within two years after the date of the
18       foreign judgment or decree, to the same extent as though the foreign
19       judgment or decree had not been rendered. Nothing in this section shall
20       authorize a court of this state to enter a custody decree, as defined in
21       K.S.A. 38-1302, child custody determination, as defined in section 2 and
22       amendments thereto contrary to the provisions of the uniform child cus-
23       tody jurisdiction act.
24             Sec.  52. K.S.A. 1999 Supp. 60-3103 is hereby amended to read as
25       follows: 60-3103. Any district court shall have jurisdiction over all pro-
26       ceedings under the protection from abuse act. The right of a person to
27       obtain relief under the protection from abuse act shall not be affected by
28       the person's leaving the residence or household to avoid further abuse.
29       Any petition under this act seeking orders regarding custody of a child
30       shall state that information required by section 21, and amendments
31       thereto, and the basis under which child-custody jurisdiction is sought to
32       be invoked. 
33       Sec.  53. K.S.A. 38-1116, 38-1301 through 38-1326, 38-1335, 38-
34       1503, 59-2127, 59-2128, 60-1604, 60-1605 and 60-1611 and K.S.A. 1999
35       Supp. 59-3009, 60-1610 and 60-3103 are hereby repealed.
36        Sec.  54. This act shall take effect and be in force from and after its
37       publication in the statute book.