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Session of 2000
          SENATE BILL No. 633           By Committee on Ways and Means           2-14          

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10             AN  ACT concerning children in need of care; amending K.S.A. 38-1503,
11             38-1523a, 38-1524, 38-1529, 38-1531, 38-1566, 38-1568 and 75-3329
12             and K.S.A. 1999 Supp. 38-1502, 38-1507, 38-1513, 38-1532, 38-1542,
13             38-1543, 38-1544, 38-1562, 38-1563, 38-1565, 38-1581, 38-1583, 38-
14             1584, 38-1585, 38-1587, 38-1591, 38-1608 and 60-1610 and repealing
15             the existing sections.
16      
17       Be it enacted by the Legislature of the State of Kansas:
18             New Section  1. There is hereby established in the state treasury the
19       family services and community intervention fund which shall be admin-
20       istered by the secretary of social and rehabilitation services. The secretary
21       of social and rehabilitation services may accept money from any source
22       for the purposes for which money in the family services and community
23       intervention fund may be expended. Upon receipt of such money, the
24       secretary shall remit the entire amount at least monthly to the state trea-
25       surer, who shall deposit it in the state treasury and credit it to the family
26       services and community intervention fund. All moneys in the special fund
27       for family services and community intervention shall be used for the pur-
28       pose of assisting state, county, or local governments or political subdivi-
29       sions thereof; or community agencies; to provide services, intervention
30       and support services to children alleged or adjudged to be a youth in need
31       of community services as defined by K.S.A. 38-1502, and amendments
32       thereto, especially those youth at risk because of their own actions or
33       behaviors and not due to abuse or neglect by a parent, guardian or other
34       person responsible for their care. The purpose of the family services and
35       community intervention fund shall be to enhance the ability of families
36       and children to resolve problems within the family and community that
37       might otherwise result in a child becoming a ward of the court, by the
38       collaboration of governmental and local service providers. All expendi-
39       tures from the family services and community intervention fund shall be
40       made in accordance with appropriation acts upon warrants of the director
41       of accounts and reports issued pursuant to vouchers approved by the
42       secretary or by a person or persons designated by the secretary.
43             New Sec.  2. (a) When determining whether reasonable efforts

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  1       have been made to prevent or eliminate the necessity for removal of a
  2       child from the child's home, safety of the child is paramount. In deter-
  3       mining the safety of the child the court shall consider the likelihood of
  4       immediate serious physical, mental or emotional harm which may result
  5       from leaving the child in the child's current situation and shall balance
  6       that concern with the mental and emotional harm that will result from
  7       removing the child from familiar care and relationships, place and
  8       possessions.
  9             (b) Before ordering a child removed from the custody of a parent the
10       court shall find from evidence provided that allowing the child to remain
11       in the custody of a parent is not in the best interests of the child. The
12       determination of best interests shall be made at the first hearing at which
13       the court considers removal of a child from the child's home, even
14       temporarily.
15             (c) If the court is presented a plan to provide a child or family services
16       which is reasonably designed to address safety concerns regarding the
17       child who is the subject of the proceeding, the court shall not order or
18       authorize removal of the child from the child's home.
19             (d) If the child is in the custody of the secretary with authority for
20       the secretary to make a suitable placement and the secretary removes the
21       child from the child's home, the secretary shall request a ruling of the
22       court whether the removal was in the best interests of the child. In making
23       the finding, the court may rely on documentation submitted by the sec-
24       retary or may set the date for a hearing on the matter. If the secretary
25       requests a ruling whether removal was in the best interests of the child,
26       the court shall enter a finding not less than 45 days from the date of the
27       request and shall provide the secretary with a written answer not more
28       than 10 days from the date the decision was rendered.
29             Sec.  3. K.S.A. 1999 Supp. 38-1502 is hereby amended to read as
30       follows: 38-1502. As used in this code, unless the context otherwise
31       indicates:
32             (a) ``Child in need of care'' means a person less than 18 years of age
33       who: is a child in need of protection or a youth in need of community
34       services as defined by this code.
35             (1) Is without adequate parental care, control or subsistence and the
36       condition is not due solely to the lack of financial means of the child's
37       parents or other custodian;
38             (2) is without the care or control necessary for the child's physical,
39       mental or emotional health;
40             (3) has been physically, mentally or emotionally abused or neglected
41       or sexually abused;
42             (4) has been placed for care or adoption in violation of law;
43             (5) has been abandoned or does not have a known living parent;

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  1             (6) is not attending school as required by K.S.A. 72-977 or 72-1111,
  2       and amendments thereto;
  3             (7) except in the case of a violation of K.S.A. 41-727, subsection (j)
  4       of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
  5       ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
  6       4204a and amendments thereto, does an act which, when committed by
  7       a person under 18 years of age, is prohibited by state law, city ordinance
  8       or county resolution but which is not prohibited when done by an adult;
  9             (8) while less than 10 years of age, commits any act which if done by
10       an adult would constitute the commission of a felony or misdemeanor as
11       defined by K.S.A. 21-3105 and amendments thereto;
12             (9) is willfully and voluntarily absent from the child's home without
13       the consent of the child's parent or other custodian;
14             (10) is willfully and voluntarily absent at least a second time from a
15       court ordered or designated placement, or a placement pursuant to court
16       order, if the absence is without the consent of the person with whom the
17       child is placed or, if the child is placed in a facility, without the consent
18       of the person in charge of such facility or such person's designee;
19             (11) has been residing in the same residence with a sibling or another
20       person under 18 years of age, who has been physically, mentally or emo-
21       tionally abused or neglected, or sexually abused; or
22             (12) while less than 10 years of age commits the offense defined in
23       K.S.A. 21-4204a and amendments thereto.
24             (b) ``Child in need of protection'' means a person less than 18 years
25       of age who:
26             (1) Has been physically, mentally or emotionally abused or neglected
27       or sexually abused;
28             (2) has been placed for care or adoption in violation of law;
29             (3) has been abandoned or does not have a known living parent; or
30             (4) has been residing in the same residence with a sibling or another
31       person under 18 years of age, who has been physically, mentally or emo-
32       tionally abused or neglected, or sexually abused.
33             (c) ``Youth in need of community services'' means a person less than
34       18 years of age who:
35             (1) Is without the care or control necessary for the youth's physical,
36       mental or emotional health;
37             (2) is not attending school as required by K.S.A. 72-977 or 72-1111,
38       and amendments thereto;
39             (3) except in the case of a violation of K.S.A. 41-727, subsection (j) of
40       K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
41       ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
42       4204a, and amendments thereto, does an act which, when committed by
43       a person under 18 years of age, is prohibited by state law, city ordinance

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  1       or county resolution but which is not prohibited when done by an adult;
  2             (4) while less than 10 years of age, commits any act which if done by
  3       an adult would constitute the commission of a felony or misdemeanor as
  4       defined by K.S.A. 21-3105, and amendments thereto;
  5             (5) is willfully and voluntarily absent from the child's home without
  6       the consent of the child's parent or other custodian;
  7             (6) is willfully and voluntarily absent from a court ordered or desig-
  8       nated placement, or a placement pursuant to a court order, if the absence
  9       is without the consent of the person with whom the child is placed or, if
10       the child is placed in a facility, without the consent of the person in charge
11       of such facility or such person's designee; or
12             (7) while less than 10 years of age commits the offense defined in
13       K.S.A. 21-4204a, and amendments thereto.
14             (b) (d) ``Physical, mental or emotional abuse or neglect'' means the
15       infliction of physical, mental or emotional injury or the causing of a de-
16       terioration of a child and may include, but shall not be limited to, failing
17       to maintain reasonable care and treatment, negligent treatment or mal-
18       treatment or exploiting a child to the extent that the child's health or
19       emotional well-being is endangered. A parent legitimately practicing re-
20       ligious beliefs who does not provide specified medical treatment for a
21       child because of religious beliefs shall not for that reason be considered
22       a negligent parent; however, this exception shall not preclude a court from
23       entering an order pursuant to subsection (a)(2) of K.S.A. 38-1513 and
24       amendments thereto.
25             (c) (e) ``Sexual abuse'' means any act committed with a child which
26       is described in article 35, chapter 21 of the Kansas Statutes Annotated
27       and those acts described in K.S.A. 21-3602 or 21-3603, and amendments
28       thereto, regardless of the age of the child.
29             (d) (f) ``Parent,'' when used in relation to a child or children, includes
30       a guardian, conservator and every person who is by law liable to maintain,
31       care for or support the child.
32             (e) (g) ``Interested party'' means the state, the petitioner, the child,
33       any parent and any person found to be an interested party pursuant to
34       K.S.A. 38-1541 and amendments thereto.
35             (f) (h) ``Law enforcement officer'' means any person who by virtue
36       of office or public employment is vested by law with a duty to maintain
37       public order or to make arrests for crimes, whether that duty extends to
38       all crimes or is limited to specific crimes.
39             (g) (i) ``Youth residential facility'' means any home, foster home or
40       structure which provides 24-hour-a-day care for children and which is
41       licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
42       Annotated.
43             (h) (j) ``Shelter facility'' means any public or private facility or home

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  1       other than a juvenile detention facility that may be used in accordance
  2       with this code for the purpose of providing either temporary placement
  3       for the care of children in need of care prior to the issuance of a dispos-
  4       itional order or longer term care under a dispositional order.
  5             (i) (k) ``Juvenile detention facility'' means any secure public or private
  6       facility used for the lawful custody of accused or adjudicated juvenile
  7       offenders which must not be a jail.
  8             (j) (l) ``Adult correction facility'' means any public or private facility,
  9       secure or nonsecure, which is used for the lawful custody of accused or
10       convicted adult criminal offenders.
11             (k) (m) ``Secure facility'' means a facility which is operated or struc-
12       tured so as to ensure that all entrances and exits from the facility are
13       under the exclusive control of the staff of the facility, whether or not the
14       person being detained has freedom of movement within the perimeters
15       of the facility, or which relies on locked rooms and buildings, fences or
16       physical restraint in order to control behavior of its residents. No secure
17       facility shall be in a city or county jail.
18             (l) (n) ``Ward of the court'' means a child over whom the court has
19       acquired jurisdiction by the filing of a petition pursuant to this code and
20       who continues subject to that jurisdiction until the petition is dismissed
21       or the child is discharged as provided in K.S.A. 38-1503 and amendments
22       thereto.
23             (m) (o) ``Custody,'' whether temporary, protective or legal, means the
24       status created by court order or statute which vests in a custodian,
25       whether an individual or an agency, the right to physical possession of
26       the child and the right to determine placement of the child, subject to
27       restrictions placed by the court.
28             (n) (p) ``Placement'' means the designation by the individual or
29       agency having custody of where and with whom the child will live.
30             (o) (q) ``Secretary'' means the secretary of social and rehabilitation
31       services.
32             (p) (r) ``Relative'' means a person related by blood, marriage or adop-
33       tion but, when referring to a relative of a child's parent, does not include
34       the child's other parent.
35             (q) (s) ``Court-appointed special advocate'' means a responsible adult
36       other than an attorney guardian ad litem who is appointed by the court
37       to represent the best interests of a child, as provided in K.S.A. 38-1505a
38       and amendments thereto, in a proceeding pursuant to this code.
39             (r) (t) ``Multidisciplinary child protection team'' means a group of
40       persons, appointed by the court or by the state department of social and
41       rehabilitation services under K.S.A. 38-1523a and amendments thereto,
42       which has knowledge of the circumstances of a child in need of care for
43       the purpose of advising or assisting the department of social and reha-

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  1       bilitation services and law enforcement agencies in the investigation, as-
  2       sessment or safety planning for a child who is the subject of a report as a
  3       child in need of care by reason of physical, mental or emotional abuse or
  4       neglect or sexual abuse.
  5             (s) (u) ``Jail'' means:
  6             (1) An adult jail or lockup; or
  7             (2) a facility in the same building or on the same grounds as an adult
  8       jail or lockup, unless the facility meets all applicable standards and licen-
  9       sure requirements under law and there is (A) total separation of the ju-
10       venile and adult facility spatial areas such that there could be no haphaz-
11       ard or accidental contact between juvenile and adult residents in the
12       respective facilities; (B) total separation in all juvenile and adult program
13       activities within the facilities, including recreation, education, counseling,
14       health care, dining, sleeping, and general living activities; and (C) separate
15       juvenile and adult staff, including management, security staff and direct
16       care staff such as recreational, educational and counseling.
17             (t) (v) ``Kinship care'' means the placement of a child in the home of
18       the child's relative or in the home of another adult with whom the child
19       or the child's parent already has a close emotional attachment.
20             (u) (w) ``Juvenile intake and assessment worker'' means a responsible
21       adult authorized to perform intake and assessment services as part of the
22       intake and assessment system established pursuant to K.S.A. 75-7023, and
23       amendments thereto.
24             (v) (x) ``Abandon'' means to forsake, desert or cease providing care
25       for the child without making appropriate provisions for substitute care.
26             (w) (y) ``Permanent guardianship'' means a judicially created rela-
27       tionship between child and caretaker which is intended to be permanent
28       and self-sustaining without ongoing state oversight or intervention. The
29       permanent guardian stands in loco parentis and exercises all the rights
30       and responsibilities of a parent. Upon appointment of a permanent guard-
31       ian, the child in need of care proceedings shall be dismissed. A permanent
32       guardian may be appointed after termination of parental rights or without
33       termination of parental rights, if the parent consents and agrees to the
34       appointment of a permanent guardian.
35             (x) (z) ``Aggravated circumstances'' means the abandonment, torture,
36       chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
37             (y) (aa) ``Permanency hearing'' means a notice and opportunity to be
38       heard is provided to interested parties, foster parents, preadoptive parents
39       or relatives providing care for the child. The court, after consideration of
40       the evidence, shall determine whether progress toward the case plan goal
41       is adequate or reintegration is a viable alternative, or if the case should
42       be referred to the county or district attorney for filing of a petition to
43       terminate parental rights or to appoint a permanent guardian.

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  1             (z) (bb) ``Extended out of home placement'' means a child has been
  2       in the custody of the secretary and placed with neither parent for 15 of
  3       the most recent 22 months beginning 60 days after the date at which a
  4       child in the custody of the secretary was removed from the home.
  5             (aa) (cc) ``Educational institution'' means all schools at the elementary
  6       and secondary levels.
  7             (bb) (dd) ``Educator'' means any administrator, teacher or other pro-
  8       fessional or paraprofessional employee of an educational institution who
  9       has exposure to a pupil specified in subsection (a) of K.S.A. 1999 Supp.
10       72-89b03 and amendments thereto.
11             (ee) ``Neglect'' means acts or omissions by a parent, guardian or per-
12       son responsible for the care of a child resulting in harm to a child or
13       presenting a likelihood of harm and the acts or omissions are not due
14       solely to the lack of financial means of the child's parents or other cus-
15       todian. Neglect may include but shall not be limited to:
16             (1) Failure to provide the child with food, clothing or shelter neces-
17       sary to sustain the life or health of the child;
18             (2) failure to provide adequate supervision of a child or to remove a
19       child from a situation which requires judgment or actions beyond the
20       child's level of maturity, physical condition or mental abilities and that
21       results in bodily injury or a likelihood of harm to the child; or
22             (3) failure to use resources available to treat a diagnosed medical con-
23       dition if such treatment will make a child substantially more comfortable,
24       reduce pain and suffering, correct or substantially diminish a crippling
25       condition from worsening. A parent legitimately practicing religious be-
26       liefs who does not provide specified medical treatment for a child because
27       of religious beliefs shall not for that reason be considered a negligent
28       parent; however, this exception shall not preclude a court from entering
29       an order pursuant to subsection (a)(2) of K.S.A. 38-1513, and amendments
30       thereto.
31             (ff) ``Community intervention team'' means a group of persons, ap-
32       pointed by the court or by the state department of social and rehabilitation
33       services for the purpose of assessing the needs of a child who is alleged to
34       be a youth in need of community services.
35             Sec.  4. K.S.A. 38-1503 is hereby amended to read as follows: 38-
36       1503. (a) Proceedings concerning any child who appears to be a child in
37       need of care shall be governed by this code, except in those instances
38       when the Indian child welfare act of 1978 (25 U.S.C. § § 1901 et seq.)
39       applies.
40             (b) Subject to the uniform child custody jurisdiction act, K.S.A. 38-
41       1301 et seq. and amendments thereto, the district court shall have original
42       jurisdiction to receive and determine proceedings under this code.
43             (c) When jurisdiction has been acquired by the court over the person

8
  1       of a child in need of care it may continue until the child: (1) Has attained
  2       the age of 21 years; (2) has been adopted; or (3) has been discharged by
  3       the court. Any child 18 years of age or over may request, by motion to
  4       the court, that the jurisdiction of the court cease. Subsequently, the court
  5       shall enter an order discharging the person from any further jurisdiction
  6       of the court.
  7             (d) When it is no longer appropriate for the court to exercise juris-
  8       diction over a child the court, upon its own motion or the motion of an
  9       interested party, shall enter an order discharging the child. Except upon
10       request of the child, the court shall not enter an order discharging a child
11       which reaches 18 years of age before completing the child's high school
12       education until June 1 of the school year during which the child became
13       18 years of age as long as the child is still attending high school.
14             (e) Unless the court finds that substantial injustice would result, the
15       provisions of this code shall govern with respect to acts or omissions oc-
16       curring prior to the effective date of this code, and amendments thereto,
17       and with respect to children alleged or adjudicated to have done or to
18       have been affected by the acts or omissions, to the same extent as if the
19       acts or omissions had occurred on or after the effective date of this code,
20       and amendments thereto, and the children had been alleged or adjudi-
21       cated to be children in need of care.
22             Sec.  5. K.S.A. 1999 Supp. 38-1507 is hereby amended to read as
23       follows: 38-1507. (a) Except as otherwise provided, in order to protect
24       the privacy of children who are the subject of a child in need of care
25       record or report, all records and reports concerning children in need of
26       care, including the juvenile intake and assessment report, received by the
27       department of social and rehabilitation services, a law enforcement
28       agency or any juvenile intake and assessment worker shall be kept con-
29       fidential except: (1) To those persons or entities with a need for infor-
30       mation that is directly related to achieving the purposes of this code, or
31       (2) upon an order of a court of competent jurisdiction pursuant to a
32       determination by the court that disclosure of the reports and records is
33       in the best interests of the child or are necessary for the proceedings
34       before the court, or both, and are otherwise admissible in evidence. Such
35       access shall be limited to in camera inspection unless the court otherwise
36       issues an order specifying the terms of disclosure.
37             (b) The provisions of subsection (a) shall not prevent disclosure of
38       information to an educational institution or to individual educators about
39       a pupil specified in subsection (a) of K.S.A. 1999 Supp. 72-89b03 and
40       amendments thereto.
41             (c) When a report is received by the department of social and reha-
42       bilitation services, a law enforcement agency or any juvenile intake and
43       assessment worker which indicates a child may be in need of care, the

9
  1       following persons and entities shall have a free exchange of information
  2       between and among them:
  3             (1) The department of social and rehabilitation services;
  4             (2) the commissioner of juvenile justice;
  5             (3) the law enforcement agency receiving such report;
  6             (4) members of a court appointed multidisciplinary child protection
  7       team;
  8             (5) an entity mandated by federal law or an agency of any state au-
  9       thorized to receive and investigate reports of a child known or suspected
10       to be in need of care;
11             (6) a military enclave or Indian tribal organization authorized to re-
12       ceive and investigate reports of a child known or suspected to be in need
13       of care;
14             (7) a county or district attorney;
15             (8) a court services officer who has taken a child into custody pursuant
16       to K.S.A. 38-1527, and amendments thereto;
17             (9) a guardian ad litem appointed for a child alleged to be in need of
18       care;
19             (10) an intake and assessment worker; and
20             (11) any community corrections program which has the child under
21       court ordered supervision;
22             (12) the department of health and environment or persons authorized
23       by the department of health and environment pursuant to K.S.A. 59-512,
24       and amendments thereto, for the purpose of carrying out responsibilities
25       relating to licensure or registration of child care providers as required by
26       chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
27       thereto; and
28             (13) members of a duly appointed community intervention team.
29             (d) The following persons or entities are authorized to provide and
30       shall have access to information, records or reports created, received by
31       the department of social and rehabilitation services, a law enforcement
32       agency or any juvenile intake and assessment worker. Access shall be
33       limited to information or maintained by such persons or entities but only
34       to the extent reasonably necessary to carry out their lawful responsibilities
35       to maintain their personal safety and the personal safety of individuals in
36       their care or to diagnose, treat, care for or protect a child alleged to be
37       in need of care.
38             (1) A child named in the report or records.
39             (2) A parent or other person responsible for the welfare of a child,
40       or such person's legal representative.
41             (3) A court-appointed special advocate for a child, a citizen review
42       board or other advocate which reports to the court.
43             (4) A person licensed to practice the healing arts or mental health

10
  1       profession in order to diagnose, care for, treat or supervise: (A) A child
  2       whom such service provider reasonably suspects may be in need of care;
  3       (B) a member of the child's family; or (C) a person who allegedly abused
  4       or neglected the child.
  5             (5) A person or entity licensed or registered by the secretary of health
  6       and environment or approved by the secretary of social and rehabilitation
  7       services to care for, treat or supervise a child in need of care. In order to
  8       assist a child placed for care by the secretary of social and rehabilitation
  9       services in a foster home or child care facility, the secretary shall provide
10       relevant information to the foster parents or child care facility prior to
11       placement and as such information becomes available to the secretary.
12             (6) A coroner or medical examiner when such person is determining
13       the cause of death of a child.
14             (7) The state child death review board established under K.S.A. 22a-
15       243, and amendments thereto.
16             (8) A prospective adoptive parent prior to placing a child in their care.
17             (9) The department of health and environment or person authorized
18       by the department of health and environment pursuant to K.S.A. 59-512,
19       and amendments thereto, for the purpose of carrying out responsibilities
20       relating to licensure or registration of child care providers as required by
21       chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
22       thereto.
23             (10) The state protection and advocacy agency as provided by sub-
24       section (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A.
25       74-5515, and amendments thereto.
26             (11) (10) Any educational institution to the extent necessary to enable
27       the educational institution to provide the safest possible environment for
28       its pupils and employees.
29             (12) (11) Any educator to the extent necessary to enable the educator
30       to protect the personal safety of the educator and the educator's pupils.
31             (12) The secretary of social and rehabilitation services.
32             (13) A law enforcement agency.
33             (14) A juvenile intake and assessment worker.
34             (e) Information from a record or report of a child in need of care
35       shall be available to members of the standing house or senate committee
36       on judiciary, house committee on appropriations, senate committee on
37       ways and means, legislative post audit committee and joint committee on
38       children and families, carrying out such member's or committee's official
39       functions in accordance with K.S.A. 75-4319 and amendments thereto,
40       in a closed or executive meeting. Except in limited conditions established
41       by 2/3 of the members of such committee, records and reports received
42       by the committee shall not be further disclosed. Unauthorized disclosure
43       may subject such member to discipline or censure from the house of

11
  1       representatives or senate.
  2             (f) Nothing in this section shall be interpreted to prohibit the secre-
  3       tary of social and rehabilitation services from summarizing the outcome
  4       of department actions regarding a child alleged to be a child in need of
  5       care to a person having made such report.
  6             (g) Disclosure of information from reports or records of a child in
  7       need of care to the public shall be limited to confirmation of factual details
  8       with respect to how the case was handled that do not violate the privacy
  9       of the child, if living, or the child's siblings, parents or guardians. Further,
10       confidential information may be released to the public only with the ex-
11       press written permission of the individuals involved or their representa-
12       tives or upon order of the court having jurisdiction upon a finding by the
13       court that public disclosure of information in the records or reports is
14       necessary for the resolution of an issue before the court.
15             (h) Nothing in this section shall be interpreted to prohibit a court of
16       competent jurisdiction from making an order disclosing the findings or
17       information pursuant to a report of alleged or suspected child abuse or
18       neglect which has resulted in a child fatality or near fatality if the court
19       determines such disclosure is necessary to a legitimate state purpose. In
20       making such order, the court shall give due consideration to the privacy
21       of the child, if, living, or the child's siblings, parents or guardians.
22             (i) Information authorized to be disclosed in subsections (d) through
23       (g) shall not contain information which identifies a reporter of a child in
24       need of care.
25             (j) Records or reports authorized to be disclosed in this section shall
26       not be further disclosed, except that the provisions of this subsection shall
27       not prevent disclosure of information to an educational institution or to
28       individual educators about a pupil specified in subsection (a) of K.S.A.
29       1999 Supp. 72-89b03 and amendments thereto.
30             (k) Anyone who participates in providing or receiving information
31       without malice under the provisions of this section shall have immunity
32       from any civil liability that might otherwise be incurred or imposed. Any
33       such participant shall have the same immunity with respect to participa-
34       tion in any judicial proceedings resulting from providing or receiving
35       information.
36             (l) No individual, association, partnership, corporation or other entity
37       shall willfully or knowingly disclose, permit or encourage disclosure of
38       the contents of records or reports concerning a child in need of care
39       received by the department of social and rehabilitation services, a law
40       enforcement agency or a juvenile intake and assessment worker except
41       as provided by this code. Violation of this subsection is a class B
42       misdemeanor.
43             Sec.  6. K.S.A. 1999 Supp. 38-1513 is hereby amended to read as

12
  1       follows: 38-1513. (a) Physical or mental care and treatment. (1) When a
  2       child less than 18 years of age is alleged to have been physically, mentally
  3       or emotionally abused or neglected or sexually abused, no consent shall
  4       be required to medically examine the child to determine whether there
  5       has been sexual abuse the child has been maltreated.
  6             (2) When the health or condition of a child who is a ward of the court
  7       requires it, the court may consent to the performing and furnishing of
  8       hospital, medical, surgical or dental treatment or procedures, including
  9       the release and inspection of medical or dental records. A child, or parent
10       of any child, who is opposed to certain medical procedures authorized by
11       this subsection may request an opportunity for a hearing thereon before
12       the court. Subsequent to the hearing, the court may limit the performance
13       of matters provided for in this subsection or may authorize the perform-
14       ance of those matters subject to terms and conditions the court considers
15       proper.
16             (3) Prior to adjudication disposition the person having custody of the
17       child may give consent to the following:
18             (A) Dental treatment for the child by a licensed dentist;
19             (B) diagnostic examinations of the child, including but not limited to
20       the withdrawal of blood or other body fluids, x-rays and other laboratory
21       examinations;
22             (C) releases and inspections of the child's medical history records;
23             (D) immunizations for the child;
24             (E) administration of lawfully prescribed drugs to the child; and
25             (F) examinations of the child including, but not limited to, the with-
26       drawal of blood or other body fluids or tissues, for the purpose of deter-
27       mining the child's parentage.
28             (4) When the court has granted legal custody of a child in a disposi-
29       tional hearing to any agency, association or individual, the custodian or
30       an agent designated by the custodian shall have authority to consent to
31       the performance and furnishing of hospital, medical, surgical or dental
32       treatment or procedures or mental care or treatment other than inpatient
33       treatment at a state psychiatric hospital, including the release and in-
34       spection of medical or hospital records, subject to terms and conditions
35       the court considers proper.
36             (5) If a child is already in the custody of the secretary, the secretary
37       may consent to the mental care and treatment of the child, without court
38       approval, so long as such care and treatment do not include inpatient
39       treatment at a state psychiatric hospital.
40             (6) Any health care provider who in good faith renders hospital, med-
41       ical, surgical, mental or dental care or treatment to any child after a con-
42       sent has been obtained as authorized by this section shall not be liable in
43       any civil or criminal action for failure to obtain consent of a parent.

13
  1             (7) Nothing in this section shall be construed to mean that any person
  2       shall be relieved of legal responsibility to provide care and support for a
  3       child.
  4             (b) Mental care and treatment requiring court action. If it is brought
  5       to the court's attention, while the court is exercising jurisdiction over the
  6       person of a child under this code, that the child may be a mentally ill
  7       person as defined in K.S.A. 1999 Supp. 59-2946 and amendments thereto,
  8       the court may:
  9             (1) Direct or authorize the county or district attorney or the person
10       supplying the information to file the petition provided for in K.S.A. 1999
11       Supp. 59-2957 and amendments thereto and proceed to hear and deter-
12       mine the issues raised by the application as provided in the care and
13       treatment act for mentally ill persons; or
14             (2) authorize that the child seek voluntary admission to a treatment
15       facility as provided in K.S.A. 1999 Supp. 59-2949 and amendments
16       thereto.
17             The application to determine whether the child is a mentally ill person
18       may be filed in the same proceedings as the petition alleging the child to
19       be a child in need of care, or may be brought in separate proceedings. In
20       either event the court may enter an order staying any further proceedings
21       under this code until all proceedings have been concluded under the care
22       and treatment act for mentally ill persons.
23             Sec.  7. K.S.A. 38-1523a is hereby amended to read as follows: 38-
24       1523a. (a) Upon recommendation of the state department of social and
25       rehabilitation services or the county or district attorney, the court may
26       appoint a multidisciplinary child protection team to advise or assist in
27       gathering information the department of social and rehabilitation services
28       and law enforcement agencies in the investigation, assessment or safety
29       planning regarding a child alleged to be a child in need of care by reason
30       of physical, mental or emotional abuse or neglect or sexual abuse. The
31       team may be a standing multidisciplinary child protection team or may
32       be appointed for a specific child. Members comprising a multidisciplinary
33       child protection team shall include the department of social and rehabil-
34       itation services and appropriate law enforcement agencies and may in-
35       clude other persons having specialized knowledge concerning the inves-
36       tigation, assessment or safety planning concerning maltreated children.
37             (b) Any person appointed as a member of a multidisciplinary child
38       protection team may decline to serve and shall incur no civil liability as
39       the result of declining to serve.
40             (c) This section shall be part of and supplemental to the Kansas code
41       for care of children.
42             (d) The multidisciplinary child protection team may request disclo-
43       sure of information in regard to a child alleged to be a child in need of

14
  1       care, or a child who has been adjudged to be a child in need of care, by
  2       making a written verified application to the district court. Upon a finding
  3       by the court there is probable cause to believe the information sought
  4       may assist in determining if a child is a child in need of care as defined
  5       in K.S.A. 38-1502 and amendments thereto, or in assisting a child who
  6       has been adjudicated a child in need of care, then the court may issue a
  7       subpoena, subpoena duces tecum or enter an order for the production of
  8       the requested documents, reports or information and directing the doc-
  9       ument, reports or information to be delivered to the applicant at a spec-
10       ified time, date and place. The time and date of delivery shall not be
11       sooner than five days after the service of the subpoena or order, excluding
12       Saturdays, Sundays or holidays. The court issuing the subpoena or order
13       shall keep all applications filed pursuant to this subsection and a copy of
14       the subpoena or order in a special file maintained for such purpose or in
15       the official court file for the child. Upon receiving service of a subpoena,
16       subpoena duces tecum or an order for production pursuant to this sub-
17       section, the party served shall give oral or written notice of service to any
18       person known to have a right to assert a privilege or assert a right of
19       confidentiality in regard to the documents, reports or information sought
20       at least three days before the specified date of delivery.
21             (e) The written verified application shall be in substantially the fol-
22       lowing form:
23       Name of Court 24       In the Interest of __________ Case No.
25         Name(s)
26       Date of birth: ____________
27       Each a child under 18 years of age.
28       WRITTEN APPLICATION FOR DISCLOSURE OF INFORMATION 29       County of __________  ss
30       State of Kansas
31             The undersigned applicant being first duly sworn alleges and states as follows:
32        1. The applicant is __________
33              2. There is an investigation being made into the report of alleged neglect or abuse in
34                     regard to the above-named child or children.
35                     A petition has been filed alleging the above-named child is a child in need of care
36                        or the child has been adjudicated to be a child in need of care.
37              3. The following documents, reports and/or information are requested. (List specifi-
38                     cally.)
39              4. The reasons for the request are:
40              Further applicant saith not.
41                                                                _________________________
42                                                                Applicant
43             Subscribed and sworn to before me

15
  1       this ____ day of ________, 19__ (year).
  2                                                          _________________________
  3                                                          Notary Public
  4       My commission expires:
  5       ______________
  6             (f) Any parent, child, guardian ad litem, party subpoenaed or subject
  7       to an order of production or person who claims a privilege or right of
  8       confidentiality may request in writing that the court issuing the subpoena
  9       or order for production withdraw the subpoena, subpoena duces tecum
10       or order for production issued pursuant to subsection (d). The request
11       shall automatically stay the operation of the subpoena, subpoena duces
12       tecum or order for production and the documents, reports or information
13       requested shall not be delivered until the issuing court has held a hearing
14       to determine if the documents, reports or information are subject to the
15       claimed privilege or right of confidentiality, and whether it is in the best
16       interests of the child for the subpoena or order to produce to be honored.
17       The request to withdraw shall be filed with the district court issuing the
18       subpoena or order at least 24 hours prior to the specified time and date
19       of delivery, excluding Saturdays, Sundays or holidays, and a copy of the
20       written request must be given to the person subpoenaed or subject to
21       the order for production at least 24 hours prior to the specified time and
22       date of delivery.
23             Sec.  8. K.S.A. 38-1524 is hereby amended to read as follows: 38-
24       1524. (a) When a report to a law enforcement agency indicates that a
25       child may be harmed, the law enforcement agency shall promptly initiate
26       an investigation. If the law enforcement officer reasonably believes the
27       child will be harmed, the officer shall remove the child from the location
28       where the child is found as authorized by K.S.A. 38-1527 and amend-
29       ments thereto.
30             (b) Whenever any person furnishes information to the state depart-
31       ment of social and rehabilitation services that a child appears to be a child
32       in need of care youth in need of community services, the department shall
33       make a preliminary inquiry to determine whether the interests of the child
34       require further action be taken. Whenever practicable, the inquiry shall
35       include a preliminary investigation of the circumstances which were the
36       subject of the information, including the home and environmental situ-
37       ation and the previous history of the child. If reasonable grounds to be-
38       lieve abuse or neglect exist, immediate steps shall be taken to protect the
39       health and welfare of the abused or neglected child as well as that of any
40       other child under the same care who may be harmed by abuse or neglect.
41       After the inquiry, if the department determines it is not possible to pro-
42       vide otherwise those services necessary to protect the interests of the
43       child, the department shall recommend to the county or district attorney

16
  1       that a petition be filed.
  2             Sec.  9. K.S.A. 38-1529 is hereby amended to read as follows: 38-
  3       1529. (a) Whenever the state department of social and rehabilitation serv-
  4       ices or any other person refers a case to the county or district attorney
  5       for the purpose of filing a petition alleging that a child is a child in need
  6       of care, the county or district attorney shall review the facts and recom-
  7       mendations of the department and any other evidence available and make
  8       a determination whether or not the circumstances warrant the filing of
  9       the petition. The county or district attorney shall not file a petition alleg-
10       ing that a child is a child in need of care unless the petition specifies the
11       facts which are relied upon to support the petition, including specific
12       actions taken to prevent or eliminate the need for a petition alleging that
13       a child is a child in need of care, or the specific facts supporting that an
14       emergency exists which requires the court to protect the safety of each
15       child. If the petition requests custody to the secretary or custody to the
16       secretary is likely, the court shall cause a copy of the petition to be pro-
17       vided to the secretary upon filing.
18             (b) Any individual may file a petition alleging a child is a child in need
19       of care and the individual may be represented by the individual's own
20       attorney in the presentation of the case.
21             Sec.  10. K.S.A. 38-1531 is hereby amended to read as follows: 38-
22       1531. (a) Filing of petition. An action pursuant to this code is commenced
23       by the filing of a petition with the clerk of the district court.
24             (b) Contents of petition. (1) The petition shall state, if known:
25             (A) The name, date of birth and residence address of the child;
26             (B) the name and residence address of the child's parents;
27             (C) the name and residence address of any persons having custody
28       or control of the child, or the nearest known relative if no parent can be
29       found; and
30             (D) plainly and concisely in the language of the statutory definition,
31       the basis for requesting that the court assume jurisdiction over the child.
32             (2) The petition shall also state the specific facts which are relied
33       upon to support the allegation referred to in the preceding paragraph
34       including any known dates, times and locations.
35             (3) The proceedings shall be entitled: ``In the Interest of _______ .''
36             (4) The petition shall contain a request that the court find the child
37       to be a child in need of care.
38             (5) The petition shall contain a request that the parent or parents be
39       ordered to pay child support. The request for child support may be omit-
40       ted with respect to a parent already ordered to pay child support for the
41       child and shall be omitted with respect to one or both parents upon
42       written request of the secretary.
43             (6) The petition shall specify the efforts made by the petitioner, or

17
  1       any other efforts known to the petitioner, to prevent or eliminate the
  2       necessity of filing a petition alleging the child to be a child in need of care.
  3             (c) Motions. Motions may be made orally or in writing. The motion
  4       shall state with particularity the grounds for the motion and shall state
  5       the relief or order sought.
  6             Sec.  11. K.S.A. 1999 Supp. 38-1532 is hereby amended to read as
  7       follows: 38-1532. Upon the filing of a petition under this code the court
  8       shall proceed by one of the following methods:
  9             (a) Issue summons stating the place and time at which the parties are
10       required to appear and answer the allegations of the petition, which shall
11       be within 30 days of the date the petition is filed, and deliver the summons
12       with copies of the petition attached to the sheriff or a person specially
13       appointed to serve it.
14             (b) If the child has been taken into protective custody under the
15       provisions of K.S.A. 38-1542 and a temporary custody hearing is held as
16       required by K.S.A. 38-1543, a copy of the petition shall be served at the
17       hearing on each interested party who is in attendance at the hearing and
18       a record of service made a part of the proceedings. The court shall an-
19       nounce the time the parties will be required to next appear before the
20       court. Process shall be served on any interested party not at the temporary
21       custody hearing.
22             Upon the written request of the petitioner or the county or district
23       attorney separate or additional summons shall be issued to any interested
24       party.
25             The court shall attempt to notify both parents, if known.
26             (c) If the petition requests custody to the secretary or custody to the
27       secretary is likely, the court shall cause a copy of the petition to be pro-
28       vided to the secretary upon filing.
29             Sec.  12. K.S.A. 1999 Supp. 38-1542 is hereby amended to read as
30       follows: 38-1542. (a) The court upon verified application may issue ex
31       parte an order directing that a child be held in protective custody and, if
32       the child has not been taken into custody, an order directing that the
33       child be taken into custody. The application shall state for each child:
34             (1) The applicant's belief that the child is a child in need of care and
35       is likely to sustain harm if not immediately afforded protective custody;
36       and
37             (2) the specific facts which are relied upon to support the belief ap-
38       plication, including specific actions taken to prevent or eliminate the need
39       for an order of protective custody, or the specific facts supporting that an
40       emergency exists.
41             (b)  (1) The order of protective custody may be issued only after the
42       court has determined there is probable cause to believe the allegations
43       in the application are true. The order shall remain in effect until the

18
  1       temporary custody hearing provided for in K.S.A. 38-1543, and amend-
  2       ments thereto, unless earlier rescinded by the court.
  3             (2)  No child shall be held in protective custody for more than 72
  4       hours, excluding Saturdays, Sundays and legal holidays, unless within the
  5       72-hour period a determination is made as to the necessity for temporary
  6       custody in a temporary custody hearing. Nothing in this subsection (b)(2)
  7       shall be construed to mean that the child must remain in protective cus-
  8       tody for 72 hours.
  9             (c) Whenever the court determines the necessity for an order of pro-
10       tective custody, the court may place the child in the protective custody
11       of: (1) A parent or other person having custody of the child and may enter
12       a restraining order pursuant to subsection (d) (e); (2) a person, other than
13       the parent or other person having custody, who shall not be required to
14       be licensed under article 5 of chapter 65 of the Kansas Statutes Anno-
15       tated; (3) a youth residential facility; or (4) the secretary if the child is
16       alleged to be a child in need of protection; or (5) the secretary, if recom-
17       mended by the secretary and if the child is alleged to be a youth in need
18       of community services. When making a recommendation regarding cus-
19       tody, the secretary shall consider the assessment of a community inter-
20       vention team, if such team exists and has made an assessment. When the
21       child is placed in the protective custody of the secretary, the secretary
22       shall have the discretionary authority to place the child with a parent or
23       to make other suitable placement for the child. When circumstances re-
24       quire, a child in protective custody may be placed in a juvenile detention
25       facility or other secure facility pursuant to an order of protective custody
26       for not to exceed 24 hours, excluding Saturdays, Sundays and legal holi-
27       days.
28             (d) The order of protective custody shall be served on the child's
29       parents and any other person having legal custody of the child. The order
30       shall prohibit all parties from removing the child from the court's juris-
31       diction without the court's permission.
32             (e) If the court issues an order of protective custody, the court may
33       also enter an order restraining any alleged perpetrator of physical, sexual,
34       mental or emotional abuse of the child from residing in the child's home;
35       visiting, contacting, harassing or intimidating the child; or attempting to
36       visit, contact, harass or intimidate the child. Such restraining order shall
37       be served on any alleged perpetrator to whom the order is directed.
38             (f) The court shall not enter an order removing a child from the
39       custody of a parent pursuant to this section unless the court first finds
40       from evidence presented by the petitioner that reasonable efforts have
41       been made to prevent or eliminate the need for removal of the child or
42       that an emergency exists which threatens the safety of the child and re-
43       quires the that immediate removal is in the best interest of the child. Such

19
  1       findings shall be included in any order entered by the court. If the child
  2       is placed in the custody of the secretary, the court shall provide the sec-
  3       retary with a written copy of any orders entered upon making the order.
  4             Sec.  13. K.S.A. 1999 Supp. 38-1543 is hereby amended to read as
  5       follows: 38-1543. (a) Upon notice and hearing, the court may issue an
  6       order directing who shall have temporary custody and may modify the
  7       order during the pendency of the proceedings as will best serve the child's
  8       welfare.
  9             (b) A hearing pursuant to this section shall be held within 72 hours,
10       excluding Saturdays, Sundays and legal holidays, following a child having
11       been taken into protective custody.
12             (c) Whenever it is determined that a temporary custody hearing is
13       required, the court shall immediately set the time and place for the hear-
14       ing. Notice of a temporary custody hearing shall be in substantially the
15       following form:
16       (Name of Court) 17       (Caption of Case)
18       NOTICE OF TEMPORARY CUSTODY HEARING 19       TO:
20                (Names)               (Relationship)               (Addresses)
21       ________________ ________________ _____________________
22       ________________ ________________ _____________________
23       ________________ ________________ _____________________
24       , 19__ (year), at __ o'clock __m. the court
25                (day)  (date)
26       will conduct a hearing at ________ to determine if the above named child or children
27       should be in the temporary custody of some person or agency other than the parent or other
28       person having legal custody prior to the hearing on the petition filed in the above captioned
29       case. The court may order one or both parents to pay child support.
30             ________, an attorney, has been appointed as guardian ad litem for the child or
31       children. Each parent or other legal custodian has the right to appear and be heard person-
32       ally, either with or without an attorney. An attorney will be appointed for a parent who can
33       show that the parent is not financially able to hire one.
34       Date ________, 19__ (year) Clerk of the District Court
35         by _____________________________________
36      

(Seal)

37       REPORT OF SERVICE 38             I certify that I have delivered a true copy of the above notice to the persons above named
39       in the manner and at the times indicated below:
40          Name  Location of Service  Manner of Service  Date  Time
41         (other than above)
42       ________ ______ ______ ______ ______
43       ________ ______ ______ ______ ______

20
  1       ________ ______ ______ ______ ______
  2       Date Returned ________, 19__(year)
  3                                                          ____________________   4                                                          (Signature)
  5                                                          ____________________
  6                                                          (Title)
  7             (d) Notice of the temporary custody hearing shall be given at least
  8       24 hours prior to the hearing. The court may continue the hearing to
  9       afford the 24 hours prior notice or, with the consent of the party, proceed
10       with the hearing at the designated time. If an order of temporary custody
11       is entered and the parent or other person having custody of the child has
12       not been notified of the hearing, did not appear or waive appearance and
13       requests a rehearing, the court shall rehear the matter without unnec-
14       essary delay.
15             (e) Oral notice may be used for giving notice of a temporary custody
16       hearing where there is insufficient time to give written notice. Oral notice
17       is completed upon filing a certificate of oral notice in substantially the
18       following form:
19       (Name of Court) 20       (Caption of Case)
21       CERTIFICATE OF ORAL NOTICE OF TEMPORARY CUSTODY HEARING 22             I gave oral notice that the court will conduct a hearing at ______ o'clock  __m.
23       on ________, 19 __ (year), to the persons listed, in the manner and at the times
24       indicated below:
25          Name  Relationship  Date      Time Method of Communication
26         (in person or telephone)
27       ________ __________ ______ ______ ________________
28       ________ __________ ______ ______ ________________
29       ________ __________ ______ ______ ________________
30       I advised each of the above persons that:
31        (1) The hearing is to determine if the above child or children should be in the temporary
32                 custody of a person or agency other than a parent;
33        (2) the court will appoint an attorney to serve as guardian ad litem for the child or
34                 children named above;
35        (3) each parent or legal custodian has the right to appear and be heard personally either
36                 with or without an attorney;
37        (4) an attorney will be appointed for a parent who can show that the parent is not
38                 financially able to hire an attorney; and
39        (5) the court may order one or both parents to pay child support.
40                                                                                                             _________________________
41                                                                                                             (Signature) 42                                                                                                             _________________________
43                                                                                                             (Name Printed)

21
  1                                                                                                             _________________________
  2                                                                                                             (Title)   3             (f) The court may enter an order of temporary custody after deter-
  4       mining that: (1) The child is dangerous to self or to others; (2) the child
  5       is not likely to be available within the jurisdiction of the court for future
  6       proceedings; or (3) the health or welfare of the child may be endangered
  7       without further care.
  8             (g) Whenever the court determines the necessity for an order of tem-
  9       porary custody the court may place the child in the temporary custody
10       of: (1) A parent or other person having custody of the child and may enter
11       a restraining order pursuant to subsection (h); (2) a person, other than
12       the parent or other person having custody, who shall not be required to
13       be licensed under article 5 of chapter 65 of the Kansas Statutes Anno-
14       tated; (3) a youth residential facility; or (4) the secretary if the child is
15       alleged to be a child in need of protection; or (5) the secretary, if recom-
16       mended by the secretary and if the child is alleged to be a youth in need
17       of community services. When making a recommendation regarding cus-
18       tody, the secretary shall consider the assessment of a community inter-
19       vention team, if such team exists and has made an assessment. The sec-
20       retary shall present to the court in writing the specific actions taken to
21       prevent or eliminate the need for custody to the secretary. When the child
22       is placed in the temporary custody of the secretary, the secretary shall
23       have the discretionary authority to place the child with a parent or to
24       make other suitable placement for the child. When circumstances re-
25       quire, a child may be placed in a juvenile detention facility or other secure
26       facility, but the total amount of time that the child may be held in such
27       facility under this section and K.S.A. 38-1542 and amendments thereto
28       shall not exceed 24 hours, excluding Saturdays, Sundays and legal holi-
29       days. The order of temporary custody shall remain in effect until modified
30       or rescinded by the court or a disposition order is entered but not ex-
31       ceeding 60 days, unless good cause is shown and stated on the record.
32             (h) If the court issues an order of temporary custody, the court may
33       enter an order restraining any alleged perpetrator of physical, sexual,
34       mental or emotional abuse of the child from residing in the child's home;
35       visiting, contacting, harassing or intimidating the child; or attempting to
36       visit, contact, harass or intimidate the child.
37             (i) The court shall not enter an order removing a child from the cus-
38       tody of a parent pursuant to this section unless the court first finds from
39       evidence presented by the petitioner that reasonable efforts have been
40       made to prevent or eliminate the need for removal of the child or that
41       an emergency exists which threatens the safety of the child and requires
42       the that immediate removal is in the best interest of the child. Such find-
43       ings shall be included in any order entered by the court. If the child is

22
  1       placed in the custody of the secretary, the court shall provide the secretary
  2       with a written copy of any orders entered upon making the order.
  3             Sec.  14. K.S.A. 1999 Supp. 38-1544 is hereby amended to read as
  4       follows: 38-1544. (a) At any time after filing a petition, but prior to an
  5       adjudication, the court may enter an order for continuance and informal
  6       supervision without an adjudication if no interested party objects. Upon
  7       granting the continuance, the court shall include in the order any con-
  8       ditions with which the interested parties are expected to comply and
  9       provide the parties with a copy of the order. The conditions may include
10       appropriate dispositional alternatives authorized by K.S.A. 38-1563 and
11       amendments thereto.
12             (b) An order for informal supervision may remain in force for a period
13       of up to six months and may be extended, upon hearing, for an additional
14       six-month period for a total of one year.
15             (c) The court after notice and hearing may revoke or modify the order
16       with respect to a party upon a showing that the party, being subject to
17       the order for informal supervision, has substantially failed to comply with
18       the terms of the order, or that modification would be in the best interests
19       of the child. Upon revocation, proceedings shall resume pursuant to this
20       code.
21             (d) Parties to the order for informal supervision who successfully
22       complete the terms and period of supervision shall not again be pro-
23       ceeded against in any court based solely upon the allegations in the orig-
24       inal petition and the proceedings shall be dismissed.
25             (e) If the court issues an order for informal supervision pursuant to
26       this section, the court may enter an order restraining any alleged perpe-
27       trator of physical, sexual, mental or emotional abuse of the child from
28       residing in the child's home, visiting, contacting, harassing or intimidating
29       the child; or attempting to visit, contact, harass or intimidate the child.
30             Sec.  15. K.S.A. 1999 Supp. 38-1562 is hereby amended to read as
31       follows: 38-1562. (a) At any time after a child has been adjudicated to be
32       a child in need of care and prior to disposition, the judge shall permit any
33       interested parties, and any persons required to be notified pursuant to
34       subsection (b), to be heard as to proposals for appropriate disposition of
35       the case.
36             (b) Before entering an order placing the child in the custody of a
37       person other than the child's parent, the court shall require notice of the
38       time and place of the hearing to be given to all the child's grandparents
39       at their last known addresses or, if no grandparent is living or if no living
40       grandparent's address is known, to the closest relative of each of the
41       child's parents whose address is known, and to the foster parent, prea-
42       doptive parent or relative providing care. Such notice shall be given by
43       restricted mail not less than 10 business days before the hearing and shall

23
  1       state that the person receiving the notice shall have an opportunity to be
  2       heard at the hearing. The provisions of this subsection shall not require
  3       additional notice to any person otherwise receiving notice of the hearing
  4       pursuant to K.S.A. 38-1536 and amendments thereto. Individuals receiv-
  5       ing notice pursuant to this subsection shall not be made a party to the
  6       action solely on the basis of this notice and opportunity to be heard.
  7             (c) Prior to entering an order of disposition, the court shall give con-
  8       sideration to the child's physical, mental and emotional condition; the
  9       child's need for assistance; the manner in which the parent participated
10       in the abuse, neglect or abandonment of the child; any relevant infor-
11       mation from the intake and assessment process; and the evidence re-
12       ceived at the dispositional hearing. In determining when reunification is
13       a viable alternative, the court shall specifically consider whether the par-
14       ent has been found by a court to have: (1) Committed murder in the first
15       degree, K.S.A. 21-3401 and amendments thereto, murder in the second
16       degree, K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A.
17       21-3439 and amendments thereto, voluntary manslaughter, K.S.A. 21-
18       3403 and amendments thereto or violated a law of another state which
19       prohibits such murder or manslaughter of a child; (2) aided or abetted,
20       attempted, conspired or solicited to commit such murder or voluntary
21       manslaughter of a child as provided in subsection (c)(1); (3) committed a
22       felony battery that resulted in bodily injury to the child or another child;
23       (4) subjected the child or another child to aggravated circumstances as
24       defined in subsection (x) of K.S.A. 38-1502 and amendments thereto; (5)
25       parental rights of the parent to another child have been terminated in-
26       voluntarily; or (6) the child has been in extended out of home placement
27       as defined in subsection (z) of K.S.A. 38-1502 and amendments thereto.
28       If reintegration is not a viable alternative, the court shall consider whether
29       a compelling reason has been documented in the case plan to find neither
30       adoption nor permanent guardianship are in the best interests of the
31       child, the child is in a stable placement with a relative, or services set out
32       in the case plan necessary for the safe return of the child have been made
33       available to the parent with whom reintegration is planned. If reintegra-
34       tion is not a viable alternative and either adoption or permanent guardi-
35       anship might be in the best interests of the child, the county or district
36       attorney or the county or district attorney's designee shall file a motion
37       to terminate parental rights or a motion to establish permanent guardi-
38       anship within 30 days and the court shall set a hearing on such motion
39       within 90 days of the filing of such motion. No such hearing is required
40       when the parents voluntarily relinquish parental rights or agree to ap-
41       pointment of a permanent guardian.
42             Sec.  16. K.S.A. 1999 Supp. 38-1563 is hereby amended to read as
43       follows: 38-1563. (a) After consideration of any evidence offered relating

24
  1       to disposition, the court may retain jurisdiction and place the child in the
  2       custody of the child's parent subject to terms and conditions which the
  3       court prescribes to assure the proper care and protection of the child,
  4       including supervision of the child and the parent by a court services of-
  5       ficer, or may order the child and the parent to participate in programs
  6       operated by the secretary or another appropriate individual or agency.
  7       The terms and conditions may require any special treatment or care which
  8       the child needs for the child's physical, mental or emotional health.
  9             (b) The duration of any period of supervision or other terms or con-
10       ditions shall be for an initial period of no more than 18 12 months. The
11       court, at the expiration of that period, upon a hearing and for good cause
12       shown, may make successive extensions of the supervision or other terms
13       or conditions for up to 12 months at a time.
14             (c) The court may order the child and the parents of any child who
15       has been adjudged a child in need of care to attend counseling sessions
16       as the court directs. The expense of the counseling may be assessed as
17       an expense in the case. No mental health center shall charge a greater
18       fee for court-ordered counseling than the center would have charged to
19       the person receiving counseling if the person had requested counseling
20       on the person's own initiative.
21             (d) If the court finds that placing the child in the custody of a parent
22       will not assure protection from physical, mental or emotional abuse or
23       neglect or sexual abuse or will not be in the best interests of the child,
24       the court shall enter an order awarding custody of the child, until the
25       further order of the court, to one of the following:
26             (1) A relative of the child or a person with whom the child has close
27       emotional ties;
28             (2) any other suitable person;
29             (3) a shelter facility; or
30             (4) the secretary., if the child is adjudged to be a child in need of care
31       by reason of a finding by the court that the child is a child in need of
32       protection; or
33             (5) the secretary, if recommended by the secretary and if the child is
34       adjudged to be a child in need of care by reason of a finding by the court
35       that the child is a youth in need of community services. When making a
36       recommendation regarding custody, the secretary shall consider the as-
37       sessment of a community intervention team, if such team exists and has
38       made an assessment. The secretary shall present to the court in writing
39       the specific actions taken to prevent or eliminate the need for custody to
40       the secretary.
41             In making such a custody order, the court shall give preference, to the
42       extent that the court finds it is in the best interests of the child, first to
43       granting custody to a relative of the child and second to granting custody

25
  1       of the child to a person with whom the child has close emotional ties. If
  2       the court has awarded legal custody based on the finding specified by this
  3       subsection, the legal custodian shall not return the child to the home of
  4       that parent without the written consent of the court.
  5             (e) When the custody of the child is awarded to the secretary:
  6             (1) The court may recommend to the secretary where the child
  7       should be placed.
  8             (2) The secretary shall notify the court in writing of any placement
  9       of the child or, within 10 days of the order awarding the custody of the
10       child to the secretary, any proposed placement of the child, whichever
11       occurs first.
12             (3) The court may determine if such placement is in the best interests
13       of the child, and if the court determines that such placement is not in the
14       best interests of the child, the court shall notify the secretary who shall
15       then make an alternative placement subject to the procedures established
16       in this paragraph. In determining if such placement is in the best interests
17       of the child, the court, after providing the parties with an opportunity to
18       be heard, shall consider the health and safety needs of the child and the
19       resources available to meet the needs of children in the custody of the
20       secretary.
21             (4) When the secretary provides the court with a plan to provide
22       services to a child or family which the court finds is reasonably designed
23       to address safety concerns regarding the child, the court shall approve the
24       return of the child to the child's home.
25             (f) If custody of a child is awarded under this section to a person
26       other than the child's parent, the court may grant any individual reason-
27       able rights to visit the child upon motion of the individual and a finding
28       that the visitation rights would be in the best interests of the child.
29             (g) If the court issues an order of custody pursuant to this section,
30       the court may enter an order restraining any alleged perpetrator of phys-
31       ical, sexual, mental or emotional abuse of the child from residing in the
32       child's home; visiting, contacting, harassing or intimidating the child; or
33       attempting to visit, contact, harass or intimidate the child.
34             (h) The court shall not enter an order removing a child from the
35       custody of a parent pursuant to this section unless the court first finds
36       from evidence presented by the petitioner that reasonable efforts have
37       been made to prevent or eliminate the need for removal of the child; or
38       reasonable efforts are not necessary because reintegration is not a viable
39       alternative; or that an emergency exists which threatens the safety of the
40       child and requires the that immediate removal is in the best interest of
41       the child. If the child is placed in the custody of the secretary, the court
42       shall provide the secretary with a copy of any orders entered as soon as
43       practicable but within 10 days of making the order. Reintegration may

26
  1       not be a viable alternative when the: (1) Parent has been found by a court
  2       to have committed murder in the first degree, K.S.A. 21-3401, and
  3       amendments thereto, murder in the second degree, K.S.A. 21-3402, and
  4       amendments thereto, capital murder, K.S.A. 21-3439, and amendments
  5       thereto, voluntary manslaughter, K.S.A. 21-3403, and amendments
  6       thereto, or violated a law of another state which prohibits such murder
  7       or manslaughter of a child; (2) parent aided or abetted, attempted, con-
  8       spired or solicited to commit such murder or voluntary manslaughter of
  9       a child as provided in subsection (h)(1); (3) parent committed a felony
10       battery that resulted in bodily injury to the child or another child; (4)
11       parent has subjected the child or another child to aggravated circum-
12       stances as defined in subsection (x) of K.S.A. 38-1502, and amendments
13       thereto; (5) parental rights of the parent to another child have been ter-
14       minated involuntarily or (6) the child has been in extended out of home
15       placement as defined in subsection (z) of K.S.A. 38-1502, and amend-
16       ments thereto. Such findings shall be included in any order entered by
17       the court.
18             (i) In addition to or in lieu of any other order authorized by this
19       section, if a child is adjudged to be a child in need of care by reason of a
20       violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.,
21       and amendments thereto), or K.S.A. 41-719, 41-804, 41-2719, 65-4152,
22       65-4153, 65-4154 or 65-4155, and amendments thereto, the court shall
23       order the child to submit to and complete an alcohol and drug evaluation
24       by a community-based alcohol and drug safety action program certified
25       pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not
26       to exceed the fee established by that statute for such evaluation. If the
27       court finds that the child and those legally liable for the child's support
28       are indigent, the fee may be waived. In no event shall the fee be assessed
29       against the secretary or the department of social and rehabilitation serv-
30       ices.
31             (j) In addition to any other order authorized by this section, if child
32       support has been requested and the parent or parents have a duty to
33       support the child, the court may order one or both parents to pay child
34       support and, when custody is awarded to the secretary, the court shall
35       order one or both parents to pay child support. The court shall determine,
36       for each parent separately, whether the parent is already subject to an
37       order to pay support for the child. If the parent is not presently ordered
38       to pay support for any child who is a ward of the court and the court has
39       personal jurisdiction over the parent, the court shall order the parent to
40       pay child support in an amount determined under K.S.A. 38-1595, and
41       amendments thereto. Except for good cause shown, the court shall issue
42       an immediate income withholding order pursuant to K.S.A. 23-4,105 et
43       seq., and amendments thereto, for each parent ordered to pay support

27
  1       under this subsection, regardless of whether a payor has been identified
  2       for the parent. A parent ordered to pay child support under this subsec-
  3       tion shall be notified, at the hearing or otherwise, that the child support
  4       order may be registered pursuant to K.S.A. 38-1597, and amendments
  5       thereto. The parent shall also be informed that, after registration, the
  6       income withholding order may be served on the parent's employer with-
  7       out further notice to the parent and the child support order may be en-
  8       forced by any method allowed by law. Failure to provide this notice shall
  9       not affect the validity of the child support order.
10             Sec.  17. K.S.A. 1999 Supp. 38-1565 is hereby amended to read as
11       follows: 38-1565. (a) If a child is placed outside the child's home and no
12       permanency plan is made a part of the record of the dispositional hearing,
13       a written permanency plan shall be prepared which provides for reinte-
14       gration of the child into the child's family or, if reintegration is not a
15       viable alternative, for other permanent placement of the child. Reinte-
16       gration may not be a viable alternative when the: (1) Parent has been
17       found by a court to have committed murder in the first degree, K.S.A.
18       21-3401 and amendments thereto, murder in the second degree, K.S.A.
19       21-3402 and amendments thereto, capital murder, K.S.A. 21-3439 and
20       amendments thereto, voluntary manslaughter, K.S.A. 21-3403 and
21       amendments thereto or violated a law of another state which prohibits
22       such murder or manslaughter of a child; (2) parent aided or abetted,
23       attempted, conspired or solicited to commit such murder or voluntary
24       manslaughter of a child as provided in subsection (a)(1); (3) parent com-
25       mitted a felony battery that resulted in bodily injury to the child or an-
26       other child; (4) parent has subjected the child or another child to aggra-
27       vated circumstances as defined in subsection (x) of K.S.A. 38-1502, and
28       amendments thereto; (5) parental rights of the parent to another child
29       have been terminated involuntarily; or (6) the child has been in extended
30       out of home placement as defined in subsection (z) of K.S.A. 38-1502
31       and amendments thereto. If the permanency goal is reintegration into the
32       family, the permanency plan shall include measurable objectives and time
33       schedules for reintegration. The plan shall be submitted to the court not
34       later than 30 days after the dispositional order is entered. If the child is
35       placed in the custody of the secretary, the plan shall be prepared and
36       submitted by the secretary. If the child is placed in the custody of a facility
37       or person other than the secretary, the plan shall be prepared and sub-
38       mitted by a court services officer.
39             (b) A court services officer or, if the child is in the secretary's custody,
40       the secretary shall submit to the court, at least every six months, a written
41       report of the progress being made toward the goals of the permanency
42       plan submitted pursuant to subsection (a). If the child is placed in foster
43       care, the foster parent or parents shall submit to the court, at least every

28
  1       six months, a report in regard to the child's adjustment, progress and
  2       condition. The department of social and rehabilitation services shall notify
  3       the foster parent or parents of the foster parent's or parent's duty to
  4       submit such report, on a form provided by the department of social and
  5       rehabilitation services, at least two weeks prior to the date when the
  6       report is due, and the name of the judge and the address of the court to
  7       which the report is to be submitted. Such report shall be confidential and
  8       shall only be reviewed by the court and the child's guardian ad litem. The
  9       court shall review the progress being made toward whether reasonable
10       efforts have been made to achieve the goals of the permanency plan and
11       the foster parent report and, if the court determines that progress is
12       inadequate or that the permanency plan is no longer viable, the court
13       shall hold a hearing pursuant to subsection (c). If the secretary has custody
14       of the child, such hearing shall be held no more than 12 months after the
15       child is placed outside the child's home and at least every 12 months
16       thereafter. For children in the custody of the secretary prior to July 1,
17       1998, within 30 days of receiving a request from the secretary, a perma-
18       nency hearing shall be held. At each hearing, the court shall make a
19       written finding whether reasonable efforts have been made to accomplish
20       the permanency goal and whether continued out of home placement is
21       necessary for the child's safety. If the goal of the permanency plan sub-
22       mitted pursuant to subsection (a) is reintegration into the family and the
23       court determines after 12 months from the time such plan is first sub-
24       mitted that progress is inadequate, the court shall hold a hearing pursuant
25       to subsection (c). Nothing in this subsection shall be interpreted to pro-
26       hibit termination of parental rights prior to the expiration of 12 months.
27             (c) Whenever a hearing is required under subsection (b), the court
28       shall notify all interested parties and the foster parents, preadoptive par-
29       ents or relatives providing care for the child and hold a hearing. Individ-
30       uals receiving notice pursuant to this subsection shall not be made a party
31       to the action solely on the basis of this notice and opportunity to be heard.
32       After providing the interested parties, foster parents, preadoptive parents
33       or relatives providing care for the child an opportunity to be heard, the
34       court shall determine whether the child's needs are being adequately met
35       and whether reintegration continues to be a viable alternative. If the court
36       finds reintegration is no longer a viable alternative, the court shall con-
37       sider whether the child is in a stable placement with a relative, services
38       set out in the case plan necessary for the safe return of the child have
39       been made available to the parent with whom reintegration is planned or
40       compelling reasons are documented in the case plan to support a finding
41       that neither adoption nor permanent guardianship are in the child's best
42       interest. If reintegration is not a viable alternative and either adoption or
43       permanent guardianship might be in the best interests of the child, the

29
  1       county or district attorney or the county or district attorney's designee
  2       shall file a motion to terminate parental rights or for a motion to establish
  3       a permanent guardianship within 30 days and the court shall set a hearing
  4       on such motion within 90 days of the filing of such motion. When the
  5       court finds reintegration continues to be a viable alternative, the court
  6       shall set a date for the child to be returned home; may rescind any of its
  7       prior dispositional orders and enter any dispositional order authorized by
  8       this code or may order that a new plan for the reintegration be prepared
  9       and submitted to the court. No such hearing is required when the parents
10       voluntarily relinquish parental rights or agree to appointment of a per-
11       manent guardian.
12             Sec.  18. K.S.A. 38-1566 is hereby amended to read as follows: 38-
13       1566.  (a) Except as provided in K.S.A. 38-1567, and amendments
14       thereto, if a child has been in the same foster home or shelter facility for
15       six months or longer, or has been placed by the secretary in the home of
16       a parent or relative, the secretary shall give written notice of any plan to
17       move the child to a different placement. The notice shall be given to (a)
18       (1) the court having jurisdiction over the child; (b) (2) each parent whose
19       address is available; (c) (3) the foster parent or custodian from whose
20       home or shelter facility it is proposed to remove the child; (d) (4) the
21       child, if 12 or more years of age; and (e) (5) the child's guardian ad litem.
22       The notice shall state the home or shelter facility to which the secretary
23       plans to transfer the child and the reason for the proposed action. The
24       notice shall be delivered or mailed 30 days in advance of the planned
25       transfer, except that the secretary shall not be required to wait 30 days
26       to transfer the child if all persons enumerated in clauses (b) (2) through
27       (e) (5) consent in writing to the transfer. Within 10 days after receipt of
28       the notice any person receiving notice as provided above may request,
29       either orally or in writing, that the court conduct a hearing to determine
30       whether or not the change in placement is in the best interests of the
31       child concerned. When the request has been received, the court shall
32       schedule a hearing and immediately notify the secretary of the request
33       and the time and date the matter will be heard. The court shall give notice
34       of the hearing to persons enumerated in clauses (b) (2) through (e) (5).
35       The secretary shall not change the placement of the child unless the
36       change is approved by the court.
37             (b) When a child in the custody of the secretary is removed from the
38       home of a parent after having been placed in the home of a parent for a
39       period of six months or longer, the secretary shall request a finding by
40       the court whether reasonable efforts were made to prevent the necessity
41       for removal and whether the removal was in the best interests of the child.
42       In making the finding, the court may rely on documentation submitted
43       by the secretary or may set the date for a hearing on the matter. If the

30
  1       secretary requests such finding, the court shall provide the secretary with
  2       a written copy of the finding by the court not more than 45 days from
  3       the date of the request.
  4             Sec.  19. K.S.A. 38-1568 is hereby amended to read as follows: 38-
  5       1568. (a) Valid court order. During proceedings under this code, the court
  6       to remain in a present or future placement if:
  7             (1) The court makes a finding that the child has been adjudicated to
  8       be a child in need of care pursuant to: (A) Subsection (a)(10) (c)(6) of
  9       K.S.A. 38-1502, and amendments thereto; or (B) any of the subsections
10       (a)(1) through (a)(9) or (a)(11) (b), (c)(1) through (c)(5) or (c)(7) of K.S.A.
11       38-1502, and amendments thereto, and the court determines that the
12       child is not likely to be available within the jurisdiction of the court for
13       future proceedings;
14             (2) the child and the child's guardian ad litem are present before the
15       court at the time the order is entered; and
16             (3) the child and the child's guardian ad litem are given adequate and
17       fair warning, both orally and in writing, of the consequences of violation
18       of the order and a copy of such warning is recorded in the official file of
19       the case.
20             (b) Application. Any person may file with the court a verified appli-
21       cation for a determination that a child has violated an order entered pur-
22       suant to subsection (a) and for an order authorizing the holding of such
23       child in a secure facility as provided by this section. Such application shall
24       state the applicant's belief that the child has violated a valid court order
25       entered pursuant to subsection (a) and the specific facts which are relied
26       upon to support the belief.
27             (c) Ex parte order. Upon the filing of an application in accordance
28       with subsection (b), the court may enter ex parte an order directing that
29       the child be taken into custody and held in a secure facility designated
30       by the court if the court determines that there is probable cause to believe
31       the allegations in the application. The order shall remain in effect for not
32       more than 24 hours following the child's being taken into custody. The
33       order shall be served on the child's parents, any legal custodian of the
34       child and the child's guardian ad litem.
35             (d) Preliminary hearing. Within 24 hours following a child's being
36       taken into custody pursuant to an order issued under subsection (c), the
37       court shall hold a hearing to determine whether the child admits or denies
38       the allegations of the application and, if the child denies such allegations,
39       whether there is probable cause to hold the child in a secure facility
40       pending a hearing on the application pursuant to subsection (e). Notice
41       of the time and place of the preliminary hearing shall be given orally or
42       in writing to the child's parents, any legal custodian of the child and the
43       child's guardian ad litem. At the hearing, the child shall have the right to:

31
  1       (1) Have in writing the alleged violation and the facts relied upon in the
  2       application; (2) a guardian ad litem pursuant to K.S.A. 38-1505, and
  3       amendments thereto; and (3) the right to confront and present witnesses.
  4       If, upon the hearing, the court finds that the child admits the allegations
  5       of the application, the court shall proceed without delay to hold a hearing
  6       on the application pursuant to subsection (e). If, upon the hearing, the
  7       court finds that the child denies the allegations of the application, the
  8       court may enter an order directing that the child be held in a secure
  9       facility pending a hearing pursuant to subsection (e) if the court finds
10       that there is probable cause to believe that the child has violated a valid
11       court order entered pursuant to subsection (a) and that secure detention
12       of the child is necessary for the protection of the child or to assure the
13       appearance of the child at the hearing on the application pursuant to
14       subsection (e).
15             (e) Hearing on violation of order; authorization. The court shall hold
16       a hearing on an application filed pursuant to subsection (b) within 24
17       hours following the child's being taken into custody, if the child admits
18       the allegations of the application, or within 72 hours following the child's
19       being taken into custody, if secure detention of the child is ordered pur-
20       suant to subsection (d). Notice of the time and place of such hearing shall
21       be given orally or in writing to the child's parents, any legal custodian of
22       the child and the child's guardian ad litem. Upon such hearing, the court
23       may enter an order awarding custody of the child to the secretary, if the
24       secretary does not have legal custody of the child, and authorizing the
25       secretary to place the child in a secure facility if the court determines
26       that:
27             (1) The child has been adjudicated to be a child in need of care
28       pursuant to subsection (a)(10) of K.S.A. 38-1502, and amendments
29       thereto;
30             (2) the child has violated a valid court order entered pursuant to sub-
31       section (a);
32             (3) the child has been provided at the hearing with the right to: (A)
33       Have the alleged violation in writing and served upon the child a reason-
34       able time before the hearing; (B) a hearing before the court on the issue
35       of placement in a secure facility; (C) an explanation of the nature and
36       consequences of the proceeding; (D) a guardian ad litem pursuant to
37       K.S.A. 38-1505, and amendments thereto; (E) confront and present wit-
38       nesses; (F) have a transcript or record of the proceedings; and (G) appeal;
39       and
40             (4) there is no less restrictive alternative appropriate to the needs of
41       the juvenile and the community.
42             The authorization to place a child in a secure facility pursuant to this
43       subsection shall expire 60 days, including Saturdays, Sundays and legal

32
  1       holidays, after it is issued. The court may grant extensions of such au-
  2       thorization for two additional periods not exceeding 60 days, including
  3       Saturdays, Sundays and legal holidays, upon rehearing pursuant to K.S.A.
  4       38-1564, and amendments thereto. Payment by the secretary to a secure
  5       facility for child care services provided pursuant to this subsection shall
  6       be paid only upon receipt by the secretary of a copy of a valid court order.
  7             (f) Limitations on facilities used. Nothing in this section shall author-
  8       ize placement of a child in a juvenile detention facility, except that a child
  9       may be held in any such facility which, if in an adult jail, is in quarters
10       separated by sight and sound from adult prisoners:
11             (1) When ordered by a court pursuant to subsection (c) or (d), for
12       not longer than the times permitted by those subsections; or
13             (2) when ordered by a court pursuant to subsection (e), for not more
14       than 24 hours following the hearing provided for by that subsection, ex-
15       cept that nothing in this subsection shall allow a child to be held in an
16       adult jail for more than 24 hours.
17             (g) Time limits, computation. Except as otherwise specifically pro-
18       vided by subsection (e), Saturdays, Sundays and legal holidays shall not
19       be counted in computing any time limit imposed by this section.
20             (h) This section shall be part of and supplemental to the Kansas code
21       for care of children.
22             Sec.  20. K.S.A. 1999 Supp. 38-1581 is hereby amended to read as
23       follows: 38-1581. (a) Either in the petition filed under this code or in a
24       motion made in proceedings under this code, any interested party may
25       request that either or both parents be found unfit and the parental rights
26       of either or both parents be terminated or a permanent guardianship be
27       appointed.
28             (b) Whenever a pleading is filed requesting termination of parental
29       rights, the pleading shall contain a statement of specific facts which are
30       relied upon to support the request, including dates, times and locations
31       to the extent known.
32             (c) The county or district attorney or the county or district attorney's
33       designee shall file pleadings alleging a parent is unfit and requesting ter-
34       mination of parental rights or the establishment of a permanent guardi-
35       anship within 30 days after the court has determined reintegration is not
36       a viable alternative and unless the court has not found a compelling reason
37       why adoption or permanent guardianship may not be in the best interest
38       of the child. The court shall set a hearing on such pleadings and matters
39       within 90 days of the filing of such pleadings.
40             Sec.  21. K.S.A. 1999 Supp. 38-1583 is hereby amended to read as
41       follows: 38-1583. (a) When the child has been adjudicated to be a child
42       in need of care, the court may terminate parental rights when the court
43       finds by clear and convincing evidence that the parent is unfit by reason

33
  1       of conduct or condition which renders the parent unable to care properly
  2       for a child and the conduct or condition is unlikely to change in the
  3       foreseeable future.
  4             (b) In making a determination hereunder the court shall consider,
  5       but is not limited to, the following, if applicable:
  6             (1) Emotional illness, mental illness, mental deficiency or physical
  7       disability of the parent, of such duration or nature as to render the parent
  8       unlikely to care for the ongoing physical, mental and emotional needs of
  9       the child;
10             (2) conduct toward a child of a physically, emotionally or sexually
11       cruel or abusive nature;
12             (3) excessive use of intoxicating liquors or narcotic or dangerous
13       drugs;
14             (4) physical, mental or emotional neglect of the child;
15             (5) conviction of a felony and imprisonment;
16             (6) unexplained injury or death of another child or stepchild of the
17       parent;
18             (7) reasonable efforts by appropriate public or private child caring
19       agencies have been unable to rehabilitate the family; and
20             (8) lack of effort on the part of the parent to adjust the parent's cir-
21       cumstances, conduct or conditions to meet the needs of the child.
22             (c) In addition to the foregoing, when a child is not in the physical
23       custody of a parent, the court, in proceedings concerning the termination
24       of parental rights, shall also consider, but is not limited to the following:
25             (1) Failure to assure care of the child in the parental home when able
26       to do so;
27             (2) failure to maintain regular visitation, contact or communication
28       with the child or with the custodian of the child;
29             (3) failure to carry out a reasonable plan approved by the court di-
30       rected toward the integration of the child into the parental home; and
31             (4) failure to pay a reasonable portion of the cost of substitute physical
32       care and maintenance based on ability to pay.
33             In making the above determination, the court may disregard incidental
34       visitations, contacts, communications or contributions.
35             (d) The rights of the parents may be terminated as provided in this
36       section if the court finds that the parents have abandoned the child or
37       the child was left under such circumstances that the identity of the par-
38       ents is unknown and cannot be ascertained, despite diligent searching,
39       and the parents have not come forward to claim the child within three
40       months after the child is found.
41             (e) The existence of any one of the above standing alone may, but
42       does not necessarily, establish grounds for termination of parental rights.
43       The determination shall be based on an evaluation of all factors which

34
  1       are applicable. In considering any of the above factors for terminating the
  2       rights of a parent, the court shall give primary consideration to the phys-
  3       ical, mental or emotional condition and needs of the child. If presented
  4       to the court and subject to the provisions of K.S.A. 60-419, and amend-
  5       ments thereto, the court shall consider as evidence testimony from a
  6       person licensed to practice medicine and surgery, a licensed psychologist
  7       or a licensed social worker expressing an opinion relating to the physical,
  8       mental or emotional condition and needs of the child. The court shall
  9       consider any such testimony only if the licensed professional providing
10       such testimony is subject to cross-examination.
11             (f) A termination of parental rights under the Kansas code for care
12       of children shall not terminate the right of the child to inherit from or
13       through the parent. Upon such termination, all the rights of birth parents
14       to such child, including their right to inherit from or through such child,
15       shall cease.
16             (g) If, after finding the parent unfit, the court determines a compel-
17       ling reason why it is not in the best interests of the child to terminate
18       parental rights or upon agreement of the parents, the court may award
19       permanent guardianship to an individual providing care for the child, a
20       relative or other person with whom the child has a close emotional at-
21       tachment. Prior to awarding permanent guardianship, the court shall re-
22       ceive and consider an assessment as provided in K.S.A. 59-2132 and
23       amendments thereto of any potential permanent guardian. Upon appoint-
24       ment of a permanent guardian, the court shall enter an order discharging
25       the child from the court's jurisdiction continue to have jurisdiction to
26       review placement and appoint a successor guardian or guardians.
27             (h) If a parent is convicted of an offense as provided in subsection
28       (7) of K.S.A. 38-1585 and amendments thereto or is adjudicated a juvenile
29       offender because of an act which if committed by an adult would be an
30       offense as provided in subsection (7) of K.S.A. 38-1585 and amendments
31       thereto, and if the victim was the other parent of a child, the court may
32       disregard such convicted or adjudicated parent's opinions or wishes in
33       regard to the placement of such child.
34             Sec.  22. K.S.A. 1999 Supp. 38-1584 is hereby amended to read as
35       follows: 38-1584. (a) Purpose of section. The purpose of this section is to
36       provide stability in the life of a child who must be removed from the
37       home of a parent, to acknowledge that time perception of a child differs
38       from that of an adult and to make the ongoing physical, mental and emo-
39       tional needs of the child the decisive consideration in proceedings under
40       this section. The primary goal for all children whose parents' parental
41       rights have been terminated is placement in a permanent family setting.
42             (b) Actions by the court. (1) Custody for adoption. When parental
43       rights have been terminated and it appears that adoption is a viable al-

35
  1       ternative, the court shall enter one of the following orders:
  2             (A) An order granting custody of the child, for adoption proceedings,
  3       to a reputable person of good moral character, the secretary or a corpo-
  4       ration organized under the laws of the state of Kansas authorized to care
  5       for and surrender children for adoption as provided in K.S.A. 38-112 et
  6       seq. and amendments thereto. The person, secretary or corporation shall
  7       have authority to place the child in a family home, be a party to proceed-
  8       ings and give consent for the legal adoption of the child which shall be
  9       the only consent required to authorize the entry of an order or decree of
10       adoption.
11             (B) An order granting custody of the child to proposed adoptive par-
12       ents and consenting to the adoption of the child by the proposed adoptive
13       parents.
14             (2) Custody for long-term foster care permanent guardianship. When
15       parental rights have been terminated and it does not appear that adoption
16       is a viable alternative, the court shall may enter an order granting custody
17       of the child for foster care permanent guardianship to a reputable person
18       of good moral character, a youth residential facility, the secretary or a
19       corporation or association willing to receive the child, embracing in its
20       objectives the purpose of caring for or obtaining homes for children.
21             (3) Preferences in custody for adoption or long-term foster care per-
22       manent guardianship. In making an order under subsection (b)(1) or (2),
23       the court shall give preference, to the extent that the court finds it is in
24       the best interests of the child, first to granting such custody to a relative
25       of the child and second to granting such custody to a person with whom
26       the child has close emotional ties.
27             (c) Guardian and conservator of child. The secretary shall be guard-
28       ian and conservator of any child placed in the secretary's custody, subject
29       to any prior conservatorship.
30             (d) Reports and review of progress reasonable efforts to implement a
31       permanency plan of adoption or permanent guardianship. After parental
32       rights have been terminated and up to the time an adoption has been
33       accomplished, the person or agency awarded custody of the child shall
34       within 60 days submit a written plan for permanent placement which shall
35       include measurable objectives and time schedules and shall thereafter not
36       less frequently than each six months make a written report to the court
37       stating the progress having been made toward finding an adoptive or long-
38       term foster care permanent guardianship placement for the child. Upon
39       the receipt of each report the court shall review the contents thereof and
40       determine whether or not a hearing should be held on the subject. In
41       any case, the court shall notify all interested parties and hear evidence
42       regarding progress toward finding an adoptive home or the acceptability
43       of the long-term foster care permanent guardianship plan within 18 12

36
  1       months after parental rights have been terminated and every 12 months
  2       thereafter. If the court determines that inadequate progress is being rea-
  3       sonable efforts have not been made toward finding an adoptive placement
  4       or establishing an acceptable long-term foster care plan for permanent
  5       guardianship, the court may rescind its prior orders and make other or-
  6       ders regarding custody and adoption that are appropriate under the cir-
  7       cumstances. Reports of a proposed adoptive placement need not contain
  8       the identity of the proposed adoptive parents.
  9             (e) Discharge upon adoption. When the adoption of a child has been
10       accomplished, the court shall enter an order discharging the child from
11       the court's jurisdiction in the pending proceedings.
12             Sec.  23. K.S.A. 1999 Supp. 38-1585 is hereby amended to read as
13       follows: 38-1585. (a) It is presumed in the manner provided in K.S.A. 60-
14       414 and amendments thereto that a parent is unfit by reason of conduct
15       or condition which renders the parent unable to fully care for a child, if
16       the state establishes by clear and convincing evidence that:
17             (1) A parent has previously been found to be an unfit parent in pro-
18       ceedings under K.S.A. 38-1581 et seq. and amendments thereto, or com-
19       parable proceedings under the laws of another state, or the federal gov-
20       ernment;
21             (2) a parent has twice before been convicted of a crime specified in
22       article 34, 35, or 36 of chapter 21 of the Kansas Statutes Annotated, or
23       comparable offenses under the laws of another state, the federal govern-
24       ment or any foreign government, or an attempt or attempts to commit
25       such crimes and the victim was under the age of 18 years;
26             (3) on two or more prior occasions a child in the physical custody of
27       the parent has been adjudicated a child in need of care as defined by
28       subsection (a)(3) (b)(1) of K.S.A. 38-1502 and amendments thereto;
29             (4) the parent has been convicted of causing the death of another
30       child or stepchild of the parent;
31             (5) the child has been in an out-of-home placement, other than kin-
32       ship care, under court order for a cumulative total period of one year or
33       longer and the parent has substantially neglected or willfully refused to
34       carry out a reasonable plan, approved by the court, directed toward re-
35       integration of the child into the parental home;
36             (6)  (1) the child has been in an out-of-home placement, other than
37       kinship care, under court order for a cumulative total period of two years
38       or longer; (2) the parent has failed to carry out a reasonable plan, ap-
39       proved by the court, directed toward reintegration of the child into the
40       parental home; and (3) there is a substantial probability that the parent
41       will not carry out such plan in the near future; or
42             (7) a parent has been convicted of capital murder, K.S.A. 21-3439
43       and amendments thereto, murder in the first degree, K.S.A. 21-3401 and

37
  1       amendments thereto, murder in the second degree, K.S.A. 21-3402 and
  2       amendments thereto or voluntary manslaughter, K.S.A. 21-3403 and
  3       amendments thereto, or if a juvenile has been adjudicated a juvenile of-
  4       fender because of an act which if committed by an adult would be an
  5       offense as provided in this subsection, and the victim of such murder was
  6       the other parent of the child.
  7             (b) The burden of proof is on the parent to rebut the presumption.
  8       If a parent has been convicted of capital murder, K.S.A. 21-3439 and
  9       amendments thereto or murder in the first degree, K.S.A. 21-3401 and
10       amendments thereto as provided in subsection (a)(7), the burden of proof
11       is on the parent to rebut the presumption by clear and convincing evi-
12       dence. In the absence of proof that the parent is presently fit and able to
13       care for the child or that the parent will be fit and able to care for the
14       child in the foreseeable future, the court shall now terminate the parents
15       parental rights in proceedings pursuant to K.S.A. 38-1581 et seq. and
16       amendments thereto.
17             Sec.  24. K.S.A. 1999 Supp. 38-1587 is hereby amended to read as
18       follows: 38-1587. (a) A permanent guardian may be appointed after a
19       finding of unfitness pursuant to K.S.A. 38-1583 and amendments thereto
20       or with the consent and agreement of the parents.
21             (b) Upon appointment of the permanent guardian, the child in need
22       of care proceeding shall be dismissed court shall continue to have juris-
23       diction to review placement and appoint a successor guardian or guard-
24       ians. If the child is in the custody of the secretary, the court shall enter
25       an order discharging the child from the custody of the secretary.
26             Sec.  25. K.S.A. 1999 Supp. 38-1591 is hereby amended to read as
27       follows: 38-1591. (a) An appeal may be taken by any interested party from
28       any adjudication, disposition, termination of parental rights or order of
29       temporary custody in any proceedings pursuant to this code.
30             (b) An appeal from an order entered by a district magistrate judge
31       shall be to a district judge. The appeal shall be heard within 30 days from
32       the date the notice of appeal is filed. If no record was made of the pro-
33       ceedings, the trial shall be de novo.
34             (c) Procedure on appeal shall be governed by article 21 of chapter
35       60 of the Kansas Statutes Annotated.
36             (d) Notwithstanding any other provision of law to the contrary, ap-
37       peals under this section shall have priority over all other cases.
38             (e) Every notice of appeal, docketing statement and brief shall be ver-
39       ified by the interested party. Failure to have the required verification shall
40       result in the dismissal of the appeal.
41             Sec.  26. K.S.A. 1999 Supp. 38-1608 is hereby amended to read as
42       follows: 38-1608. (a) All records of law enforcement officers and agencies
43       and municipal courts concerning a public offense committed or alleged

38
  1       to have been committed by a juvenile under 14 years of age shall be kept
  2       readily distinguishable from criminal and other records and shall not be
  3       disclosed to anyone except:
  4             (1) The judge and members of the court staff designated by the judge
  5       of a court having the juvenile before it in any proceedings;
  6             (2) parties to the proceedings and their attorneys;
  7             (3) the department of social and rehabilitation services;
  8             (4) any individual, or any officer of a public or private agency or in-
  9       stitution, having custody of the juvenile under court order or providing
10       educational, medical or mental health services to the juvenile or a court-
11       approved advocate for the juvenile;
12             (5) any educational institution to the extent necessary to enable the
13       educational institution to provide the safest possible environment for its
14       pupils and employees;
15             (6) any educator to the extent necessary to enable the educator to
16       protect the personal safety of the educator and the educator's pupils;
17             (7) law enforcement officers or county or district attorneys or their
18       staff when necessary for the discharge of their official duties;
19             (8) the central repository, as defined by K.S.A. 22-4701 and amend-
20       ments thereto, for use only as a part of the juvenile offender information
21       system established under K.S.A. 38-1618 and amendments thereto;
22             (9) juvenile intake and assessment workers;
23             (10) juvenile justice authority;
24             (11) any other person when authorized by a court order, subject to
25       any conditions imposed by the order; and
26             (12) as provided in subsection (c).
27             (b) The provisions of this section shall not apply to records concern-
28       ing:
29             (1) A violation, by a person 14 or more years of age, of any provision
30       of chapter 8 of the Kansas Statutes Annotated or of any city ordinance or
31       county resolution which relates to the regulation of traffic on the roads,
32       highways or streets or the operation of self-propelled or nonself-propelled
33       vehicles of any kind;
34             (2) a violation, by a person 16 or more years of age, of any provision
35       of chapter 32 of the Kansas Statutes Annotated; or
36             (3) an offense for which the juvenile is prosecuted as an adult.
37             (c) All records of law enforcement officers and agencies and munic-
38       ipal courts concerning a public offense committed or alleged to have been
39       committed by a juvenile 14 or more years of age shall be subject to the
40       same disclosure restrictions as the records of adults. Information identi-
41       fying victims and alleged victims of sex offenses, as defined in K.S.A.
42       chapter 21, article 35, shall not be disclosed or open to public inspection
43       under any circumstances. Nothing in this section shall prohibit the victim

39
  1       or any alleged victim of any sex offense from voluntarily disclosing such
  2       victim's identity.
  3             (d) Relevant information, reports and records shall be made available
  4       to the department of corrections upon request and a showing that the
  5       former juvenile has been convicted of a crime and placed in the custody
  6       of the secretary of the department of corrections.
  7             (e) All records, reports and information obtained as a part of the
  8       juvenile intake and assessment process for juvenile offenders shall be
  9       confidential and shall not be disclosed except as provided in this section
10       or by rules and regulations established by the commissioner of juvenile
11       justice.
12             (1) Any court of record may order the disclosure of such records,
13       reports and other information to any person or entity.
14             (2) The head of any juvenile intake and assessment program, certified
15       pursuant to the commissioner of juvenile justice, may authorize disclosure
16       of such records, reports and other information to:
17             (A) A person licensed to practice the healing arts who has before that
18       person a child whom the person reasonably suspects may be abused or
19       neglected;
20             (B) a court-appointed special advocate for a child, which advocate
21       reports to the court, or an agency having the legal responsibility or au-
22       thorization to care for, treat or supervise a child;
23             (C) a parent or other person responsible for the welfare of a child,
24       or such person's legal representative, with protection for the identity of
25       persons reporting and other appropriate persons;
26             (D) the child or the guardian ad litem for such child;
27             (E) the police or other law enforcement agency;
28             (F) an agency charged with the responsibility of preventing or treat-
29       ing physical, mental or emotional abuse or neglect or sexual abuse of
30       children, if the agency requesting the information has standards of con-
31       fidentiality as strict or stricter than the requirements of the Kansas code
32       for care of children or the Kansas juvenile justice code, whichever is
33       applicable;
34             (G) a person who is a member of a multidisciplinary child protection
35       team;
36             (H) an agency authorized by a properly constituted authority to di-
37       agnose, care for, treat or supervise a child who is the subject of a report
38       or record of child abuse or neglect;
39             (I) any individual, or public or private agency authorized by a properly
40       constituted authority to diagnose, care for, treat or supervise a child who
41       is the subject of a report or record of child abuse or neglect and specif-
42       ically includes the following: Physicians, psychiatrists, nurses, nurse prac-
43       titioners, psychologists, licensed social workers, child development spe-

40
  1       cialists, physicians' assistants, community mental health workers, alcohol
  2       and drug abuse counselors and licensed or registered child care providers;
  3             (J) a citizen review board;
  4             (K) an educational institution if related to a juvenile offender that
  5       attends such educational institution; and
  6             (L) educators who have exposure to the juvenile offender or who are
  7       responsible for pupils who have exposure to the juvenile offender.
  8             (3) To any juvenile intake and assessment worker of another certified
  9       juvenile intake and assessment program.
10             Sec.  27. K.S.A. 1999 Supp. 60-1610 is hereby amended to read as
11       follows: 60-1610. A decree in an action under this article may include
12       orders on the following matters:
13             (a) Minor children. (1) Child support and education. The court shall
14       make provisions for the support and education of the minor children. The
15       court may modify or change any prior order, including any order issued
16       in a title IV-D case, within three years of the date of the original order
17       or a modification order, when a material change in circumstances is
18       shown, irrespective of the present domicile of the child or the parents. If
19       more than three years has passed since the date of the original order or
20       modification order, a material change in circumstance need not be shown.
21       The court may make a modification of child support retroactive to a date
22       at least one month after the date that the motion to modify was filed with
23       the court. Any increase in support ordered effective prior to the date the
24       court's judgment is filed shall not become a lien on real property pursuant
25       to K.S.A. 60-2202 and amendments thereto. Regardless of the type of
26       custodial arrangement ordered by the court, the court may order the child
27       support and education expenses to be paid by either or both parents for
28       any child less than 18 years of age, at which age the support shall ter-
29       minate unless: (A) The parent or parents agree, by written agreement
30       approved by the court, to pay support beyond the time the child reaches
31       18 years of age; (B) the child reaches 18 years of age before completing
32       the child's high school education in which case the support shall not ter-
33       minate automatically, unless otherwise ordered by the court, until June
34       30 of the school year during which the child became 18 years of age if
35       the child is still attending high school; or (C) the child is still a bona fide
36       high school student after June 30 of the school year during which the
37       child became 18 years of age, in which case the court, on motion, may
38       order support to continue through the school year during which the child
39       becomes 19 years of age so long as the child is a bona fide high school
40       student and the parents jointly participated or knowingly acquiesced in
41       the decision which delayed the child's completion of high school. The
42       court, in extending support pursuant to subsection (a)(1)(C), may impose
43       such conditions as are appropriate and shall set the child support utilizing

41
  1       the guideline table category for 16-year through 18-year old children.
  2       Provision for payment of support and educational expenses of a child after
  3       reaching 18 years of age if still attending high school shall apply to any
  4       child subject to the jurisdiction of the court, including those whose sup-
  5       port was ordered prior to July 1, 1992. If an agreement approved by the
  6       court prior to July 1, 1988, provides for termination of support before the
  7       date provided by subsection (a)(1)(B), the court may review and modify
  8       such agreement, and any order based on such agreement, to extend the
  9       date for termination of support to the date provided by subsection
10       (a)(1)(B). If an agreement approved by the court prior to July 1, 1992,
11       provides for termination of support before the date provided by subsec-
12       tion (a)(1)(C), the court may review and modify such agreement, and any
13       order based on such agreement, to extend the date for termination of
14       support to the date provided by subsection (a)(1)(C). For purposes of this
15       section, ``bona fide high school student'' means a student who is enrolled
16       in full accordance with the policy of the accredited high school in which
17       the student is pursuing a high school diploma or a graduate equivalency
18       diploma (GED). In determining the amount to be paid for child support,
19       the court shall consider all relevant factors, without regard to marital
20       misconduct, including the financial resources and needs of both parents,
21       the financial resources and needs of the child and the physical and emo-
22       tional condition of the child. Until a child reaches 18 years of age, the
23       court may set apart any portion of property of either the husband or wife,
24       or both, that seems necessary and proper for the support of the child.
25       Every order requiring payment of child support under this section shall
26       require that the support be paid through the clerk of the district court or
27       the court trustee except for good cause shown.
28             (2) Child custody and residency. (A) Changes in custody. Subject to
29       the provisions of the uniform child custody jurisdiction act (K.S.A. 38-
30       1301 et seq., and amendments thereto), the court may change or modify
31       any prior order of custody when a material change of circumstances is
32       shown, but no ex parte order shall have the effect of changing the custody
33       of a minor child from the parent who has had the sole de facto custody
34       of the child to the other parent unless there is sworn testimony to support
35       a showing of extraordinary circumstances. If an interlocutory order is
36       issued ex parte, the court shall hear a motion to vacate or modify the
37       order within 15 days of the date that a party requests a hearing whether
38       to vacate or modify the order.
39             (B) Examination of parties. The court may order physical or mental
40       examinations of the parties if requested pursuant to K.S.A. 60-235 and
41       amendments thereto.
42             (3) Child custody or residency criteria. The court shall determine
43       custody or residency of a child in accordance with the best interests of

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

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

44
  1       to a relative as described in subpart (iii), the court shall annually review
  2       the temporary custody to evaluate whether such custody is still in the best
  3       interests of the child. If the court finds such custody is in the best interests
  4       of the child, such custody shall continue. If the court finds such custody
  5       is not in the best interests of the child, the court shall determine the
  6       custody pursuant to this section.
  7             (b) Financial matters. (1) Division of property. The decree shall di-
  8       vide the real and personal property of the parties, including any retire-
  9       ment and pension plans, whether owned by either spouse prior to mar-
10       riage, acquired by either spouse in the spouse's own right after marriage
11       or acquired by the spouses' joint efforts, by: (A) a division of the property
12       in kind; (B) awarding the property or part of the property to one of the
13       spouses and requiring the other to pay a just and proper sum; or (C)
14       ordering a sale of the property, under conditions prescribed by the court,
15       and dividing the proceeds of the sale. Upon request, the trial court shall
16       set a valuation date to be used for all assets at trial, which may be the
17       date of separation, filing or trial as the facts and circumstances of the case
18       may dictate. The trial court may consider evidence regarding changes in
19       value of various assets before and after the valuation date in making the
20       division of property. In dividing defined-contribution types of retirement
21       and pension plans, the court shall allocate profits and losses on the non-
22       participant's portion until date of distribution to that nonparticipant. In
23       making the division of property the court shall consider the age of the
24       parties; the duration of the marriage; the property owned by the parties;
25       their present and future earning capacities; the time, source and manner
26       of acquisition of property; family ties and obligations; the allowance of
27       maintenance or lack thereof; dissipation of assets; the tax consequences
28       of the property division upon the respective economic circumstances of
29       the parties; and such other factors as the court considers necessary to
30       make a just and reasonable division of property. The decree shall provide
31       for any changes in beneficiary designation on: (A) Any insurance or an-
32       nuity policy that is owned by the parties, or in the case of group life
33       insurance policies, under which either of the parties is a covered person;
34       (B) any trust instrument under which one party is the grantor or holds a
35       power of appointment over part or all of the trust assets, that may be
36       exercised in favor of either party; or (C) any transfer on death or payable
37       on death account under which one or both of the parties are owners or
38       beneficiaries. Nothing in this section shall relieve the parties of the ob-
39       ligation to effectuate any change in beneficiary designation by the filing
40       of such change with the insurer or issuer in accordance with the terms
41       of such policy.
42             (2) Maintenance. The decree may award to either party an allowance
43       for future support denominated as maintenance, in an amount the court

45
  1       finds to be fair, just and equitable under all of the circumstances. The
  2       decree may make the future payments modifiable or terminable under
  3       circumstances prescribed in the decree. The court may make a modifi-
  4       cation of maintenance retroactive to a date at least one month after the
  5       date that the motion to modify was filed with the court. In any event, the
  6       court may not award maintenance for a period of time in excess of 121
  7       months. If the original court decree reserves the power of the court to
  8       hear subsequent motions for reinstatement of maintenance and such a
  9       motion is filed prior to the expiration of the stated period of time for
10       maintenance payments, the court shall have jurisdiction to hear a motion
11       by the recipient of the maintenance to reinstate the maintenance pay-
12       ments. Upon motion and hearing, the court may reinstate the payments
13       in whole or in part for a period of time, conditioned upon any modifying
14       or terminating circumstances prescribed by the court, but the reinstate-
15       ment shall be limited to a period of time not exceeding 121 months. The
16       recipient may file subsequent motions for reinstatement of maintenance
17       prior to the expiration of subsequent periods of time for maintenance
18       payments to be made, but no single period of reinstatement ordered by
19       the court may exceed 121 months. Maintenance may be in a lump sum,
20       in periodic payments, on a percentage of earnings or on any other basis.
21       At any time, on a hearing with reasonable notice to the party affected,
22       the court may modify the amounts or other conditions for the payment
23       of any portion of the maintenance originally awarded that has not already
24       become due, but no modification shall be made without the consent of
25       the party liable for the maintenance, if it has the effect of increasing or
26       accelerating the liability for the unpaid maintenance beyond what was
27       prescribed in the original decree. Every order requiring payment of main-
28       tenance under this section shall require that the maintenance be paid
29       through the clerk of the district court or the court trustee except for good
30       cause shown.
31             (3) Separation agreement. If the parties have entered into a separa-
32       tion agreement which the court finds to be valid, just and equitable, the
33       agreement shall be incorporated in the decree. The provisions of the
34       agreement on all matters settled by it shall be confirmed in the decree
35       except that any provisions for the custody, support or education of the
36       minor children shall be subject to the control of the court in accordance
37       with all other provisions of this article. Matters settled by an agreement
38       incorporated in the decree, other than matters pertaining to the custody,
39       support or education of the minor children, shall not be subject to sub-
40       sequent modification by the court except: (A) As prescribed by the agree-
41       ment or (B) as subsequently consented to by the parties.
42             (4) Costs and fees. Costs and attorney fees may be awarded to either
43       party as justice and equity require. The court may order that the amount

46
  1       be paid directly to the attorney, who may enforce the order in the attor-
  2       ney's name in the same case.
  3             (c) Miscellaneous matters. (1) Restoration of name. Upon the request
  4       of a spouse, the court shall order the restoration of that spouse's maiden
  5       or former name.
  6             (2) Effective date as to remarriage. Any marriage contracted by a
  7       party, within or outside this state, with any other person before a judg-
  8       ment of divorce becomes final shall be voidable until the decree of divorce
  9       becomes final. An agreement which waives the right of appeal from the
10       granting of the divorce and which is incorporated into the decree or
11       signed by the parties and filed in the case shall be effective to shorten
12       the period of time during which the remarriage is voidable.
13             Sec.  28. K.S.A. 75-3329 is hereby amended to read as follows: 75-
14       3329. As used in this act:
15             (a) ``Board'' means the secretary of social and rehabilitation services.
16             (b) ``State institution'' means institution as defined in K.S.A. 76-
17       12a01, and amendments thereto.
18             (c) ``Child'' or ``children'' means a person or persons under the age
19       of eighteen (18) 18.
20             (d) ``Private children's home'' means any licensed home, institution
21       or charitable organization which is operated by a corporation organized
22       not for profit under the laws of this state which the secretary finds has
23       and maintains adequate facilities and is properly staffed to provide ade-
24       quate care, custody, education, training and treatment for any child which
25       the secretary may place therein under the authority of this act, or a li-
26       censed foster care home, boarding home, personal care home or nursing
27       home. 
28       Sec.  29. K.S.A. 38-1503, 38-1523a, 38-1524, 38-1529, 38-1531, 38-
29       1566, 38-1568 and 75-3329 and K.S.A. 1999 Supp. 38-1502, 38-1507, 38-
30       1513, 38-1532, 38-1542, 38-1543, 38-1544, 38-1562, 38-1563, 38-1565,
31       38-1581, 38-1583, 38-1584, 38-1585 38-1587, 38-1591, 38-1608 and 60-
32       1610 are hereby repealed.
33        Sec.  30. This act shall take effect and be in force from and after its
34       publication in the statute book.