Session of 2000
SENATE BILL No. 652
By Committee on Federal and State Affairs
3-2
10 AN ACT
concerning infants; enacting the newborn infant protection act;
11 amending K.S.A.
21-3604 and K.S.A. 1999 Supp. 38-1585 and repeal-
12 ing the existing
sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 New Section
1. (a) This section shall be known and may be cited as
16 the newborn infant protection act.
17 (b) A parent or
other person having lawful custody of an infant which
18 is 45 days old or younger and which has not
suffered bodily harm may
19 surrender physical custody of the infant to
any employee who is on duty
20 at a fire station, city or county health
department, hospital emergency
21 room or other health care facility. Such
employee shall take physical cus-
22 tody of an infant surrendered pursuant to
this section unless the person
23 surrendering physical custody of the infant
clearly expresses an intent to
24 return for the infant.
25 (c) A person
taking physical custody of an infant pursuant to this
26 section shall perform any act necessary to
protect the physical health or
27 safety of the infant, and shall be immune
from liability for any injury to
28 the infant that may result therefrom.
29 (d) As soon as
possible after a person takes physical custody of an
30 infant under this section, such person
shall notify the department of social
31 and rehabilitation services that the person
has taken physical custody of
32 an infant pursuant to this section. The
department shall assume the care,
33 control and custody of the infant
immediately on receipt of such notice.
34 An infant taken into custody under this
section shall be treated as an
35 infant taken into physical custody without
a court order, and the depart-
36 ment immediately shall file a petition to
terminate the parental rights of
37 the parents of such infant pursuant to
K.S.A. 38-1581 et seq., and amend-
38 ments thereto. An expedited hearing shall
be granted on any petition filed
39 pursuant to this subsection.
40 Sec.
2. K.S.A. 21-3604 is hereby amended to read as follows:
21-
41 3604. (a) Abandonment of a child is
the leaving of a child under the age
42 of 16 years, in a place where such child
may suffer because of neglect,
43 by the parent, guardian or other person to
whom the care and custody of
2
1 such child shall have been entrusted,
when done with intent to abandon
2 such child.
3 Abandonment of a
child is a severity level 8, person felony.
4 (b) No
parent or other person having lawful custody of an infant
shall
5 be prosecuted for a violation of
this section, if such parent or person
6 surrenders custody of an infant in
the manner provided by section 1, and
7 amendments thereto, and if such
infant has not suffered bodily harm.
8 Sec.
3. K.S.A. 1999 Supp. 38-1585 is hereby amended to read as
9 follows: 38-1585. (a) It is presumed
in the manner provided in K.S.A. 60-
10 414 and amendments thereto that a parent is
unfit by reason of conduct
11 or condition which renders the parent
unable to fully care for a child, if
12 the state establishes by clear and
convincing evidence that:
13 (1) A parent has
previously been found to be an unfit parent in pro-
14 ceedings under K.S.A. 38-1581 et
seq. and amendments thereto, or com-
15 parable proceedings under the laws of
another state, or the federal
16 government;
17 (2) a parent has
twice before been convicted of a crime specified in
18 article 34, 35, or 36 of chapter 21 of the
Kansas Statutes Annotated, or
19 comparable offenses under the laws of
another state, the federal govern-
20 ment or any foreign government, or an
attempt or attempts to commit
21 such crimes and the victim was under the
age of 18 years;
22 (3) on two or
more prior occasions a child in the physical custody of
23 the parent has been adjudicated a child in
need of care as defined by
24 subsection (a)(3) of K.S.A. 38-1502 and
amendments thereto;
25 (4) the parent
has been convicted of causing the death of another
26 child or stepchild of the parent;
27 (5) the child has
been in an out-of-home placement, other than kin-
28 ship care, under court order for a
cumulative total period of one year or
29 longer and the parent has substantially
neglected or willfully refused to
30 carry out a reasonable plan, approved by
the court, directed toward re-
31 integration of the child into the parental
home;
32 (6) (1) the
child has been in an out-of-home placement, other than
33 kinship care, under court order for a
cumulative total period of two years
34 or longer; (2) the parent has failed to
carry out a reasonable plan, ap-
35 proved by the court, directed toward
reintegration of the child into the
36 parental home; and (3) there is a
substantial probability that the parent
37 will not carry out such plan in the near
future; or
38 (7) a parent has
been convicted of capital murder, K.S.A. 21-3439
39 and amendments thereto, murder in the first
degree, K.S.A. 21-3401 and
40 amendments thereto, murder in the second
degree, K.S.A. 21-3402 and
41 amendments thereto or voluntary
manslaughter, K.S.A. 21-3403 and
42 amendments thereto, or if a juvenile has
been adjudicated a juvenile of-
43 fender because of an act which if committed
by an adult would be an
3
1 offense as provided in this
subsection, and the victim of such murder was
2 the other parent of the
child.; or
3 (8) the
parent has been granted immunity from prosecution for aban-
4 donment of such child under
subsection (b) of K.S.A. 21-3604, and amend-
5 ments thereto.
6 (b) The
burden of proof is on the parent to rebut the presumption.
7 If a parent has been convicted of
capital murder, K.S.A. 21-3439 and
8 amendments thereto or murder in the
first degree, K.S.A. 21-3401 and
9 amendments thereto as provided in
subsection (a)(7), the burden of proof
10 is on the parent to rebut the presumption
by clear and convincing evi-
11 dence. In the absence of proof that the
parent is presently fit and able to
12 care for the child or that the parent will
be fit and able to care for the
13 child in the foreseeable future, the court
shall now terminate the parents
14 parental rights in proceedings pursuant to
K.S.A. 38-1581 et seq. and
15 amendments thereto.
16 Sec. 4. K.S.A. 21-3604 and
K.S.A. 1999 Supp. 38-1585 are hereby
17 repealed.
18 Sec. 5. This act shall
take effect and be in force from and after its
19 publication in the statute book.