Chapter 38, MINORS

38-101. Period of minority. The period of minority extends in all persons to the age of eighteen (18) years, except that every person sixteen (16) years of age or over who is or has been married shall be considered of the age of majority in all matters relating to contracts, prop…

38-102. Minor bound by contracts, when. Except as otherwise provided in K.S.A. 38-615 through K.S.A. 38-622, and amendments thereto, a minor is bound not only by contracts for necessaries, but also by the minor's other contracts, unless the minor disaffirms them within a reasonab…

38-103. Contracts that may not be disaffirmed. No contract can be thus disaffirmed in cases where, on account of the minor's own misrepresentations as to his majority, or from his having engaged in business as an adult, the other party had good reasons to believe the minor capabl…

38-104. Payment for personal services. When a contract for the personal service of a minor has been made with him alone, and those services are afterwards performed, payment made therefor to such minor in accordance with the terms of the contract is a full satisfaction for those …

38-108. District court may confer rights of majority. That the district courts for the several counties in this state shall have authority to confer upon minors the rights of majority, concerning contracts and real and personal property, and to authorize and empower minors to pur…

38-109. Petition for rights of majority; notice; hearing; decree. Any minor, desiring to obtain the rights of majority for the purposes named in the preceding section, may, by his or her next friend, file a petition in the district court of the county in which such minor shall re…

38-110. Costs of proceedings under K.S.A. 38-108 to 38-110. The costs of proceedings under this act shall be taxed against the minor petitioner, and the same shall be paid before the entry of the decree herein provided for. History: L. 1875, ch. 114, § 3; May 15; R.S. 1923, 38-11…

38-111. When minors may be excluded from courtroom during trials or hearings. During the trial of an action or the hearing of any proceeding or examination in which vulgar, obscene or immoral evidence is elicited or produced, the police judge trying the case or the judge of the d…

38-112. Children's homes; powers of corporations. Any corporation heretofore or hereafter organized under the laws of the state of Kansas having for its purpose the care and maintenance of destitute and friendless children, and being authorized by law to surrender said children f…

38-115. Same; donations and bequests; appropriations by cities or counties over 30,000. It shall be lawful for such corporation to receive donations and bequests and to apply the same to the support of said home; and the proper authorities of any city or county having a populatio…

38-116. Same; purchase and sale of property. Said corporation shall have the power to purchase and sell such real and personal property as the board of directors may deem to be for the interest of the corporation. History: L. 1889, ch. 134, § 5; March 19; R.S. 1923, 38-116.

38-120. Recovery from parents for malicious or willful acts by certain children; limitations. Any person receiving bodily injury or any person, partnership, corporation, political subdivision or other entity whose property has been damaged or destroyed shall be entitled to recove…

38-122. Consent by parent for surgery and other procedures on child. Any parent, including a parent who is a minor, whether married or unmarried, may consent to the performance upon his or her child of a medical, surgical or post mortem procedure by a physician licensed to practi…

38-123. Consent for medical care of unmarried pregnant minor. Notwithstanding any other provision of the law, an unmarried pregnant minor where no parent or guardian is available may give consent to the furnishing of hospital, medical and surgical care related to her pregnancy, a…

38-123a. Donation of blood by persons over 16; compensation. Any person 16 years of age or older shall be eligible to donate blood voluntarily without the necessity of obtaining parental permission or authorization. No person 16 or 17 years of age shall receive compensation for a…

38-123b. Consent by minor 16 or over to hospital, medical or surgical treatment or procedures. Notwithstanding any other provision of the law, any minor sixteen (16) years of age or over, where no parent or guardian is immediately available, may give consent to the performance an…

38-134. Information concerning child provided to foster parent by secretary for children and families. (a) As used in this section: (1) "Child" means a person under 18 years of age who has been removed from the home of a relative as a result of judicial determination and whose pl…

38-135. Definitions; immunization of minor children. As used in this act: (a) "Health care provider" means a person licensed to practice medicine and surgery by the state board of healing arts, a person who holds a temporary permit to practice medicine and surgery issued by the s…

38-136. Immunization of minor children; written delegation of consent by parent. (a) Subject to the provisions of this section, a parent may delegate in writing the parent's authority to consent to the immunization of a minor to any of the following individuals, not in order of p…

38-137. Same; consent for immunization by person other than parent, when. (a) Subject to the provisions of this section, the following individuals, not in order of priority, may consent to the immunization of a minor if a parent is not reasonably available and the authority to co…

38-138. Healthcare provider to provide information to person consenting to immunization. The responsibility of a health care provider to provide information to a person consenting to the immunization of a minor as provided by K.S.A. 38-136 and 38-137 is the same as the health car…

38-139. Healthcare provider has immunity if relying on consent. (a) In the absence of willful misconduct or gross negligence, a health care provider who accepts the health history and other information given by a person who is delegated the authority to consent to the immunizatio…

38-140. Consent to immunize under 38-2217 or 38-2316 not affected. The provisions of K.S.A. 38-135 through 38-140 shall not affect authority to consent to immunization of a minor pursuant to K.S.A. 38-2217 or 38-2316, and amendments thereto, or pursuant to any other law. History:…

38-141. Parents' rights to exercise primary control over the upbringing of their children; cause of action. (a) As used in this section: (1) "Child" means a person under 18 years of age; and (2) "parent" means and includes a natural parent, an adoptive parent, a stepparent or a g…

38-142. Grandparents as caregivers act; citation. The provisions of K.S.A. 38-142 through 38-148, and amendments thereto, shall be known and may be cited as the grandparents as caregivers act. History: L. 2006, ch. 208, § 1; July 1. Cross References to Related Sections: Grandpare…

38-143. Same; definitions. As used in the grandparents as caregivers act: (a) "Program" means the grandparents as caregivers program. (b) "Secretary" means the secretary for children and families. (c) "Department" means the Kansas department for children and families. History: L.…

38-144. Grandparents as caregivers program; administration. (a) In accordance with the provisions of the grandparents as caregivers act and subject to the provisions of appropriation acts, the secretary shall establish a grandparents as caregivers program within the Kansas depart…

38-145. Same; eligibility requirements. (a) If a person meets the financial eligibility requirements developed by the secretary, a grandparent shall be eligible to participate in the program if such grandparent: (1) Is 50 years of age or older; (2) has the grandchild placed in su…

38-146. Same; eligibility of persons other than grandparent. If there are no grandparents of a child who are willing to participate in the program, the secretary may include in the program any other close relative who becomes the legal guardian of the child or obtains legal custo…

38-147. Same; duties of secretary of SRS; reimbursement of costs; counseling and ancillary or support services; medical assistance. By January 1, 2007, and subject to the provisions of appropriation acts, the secretary: (a) Shall reimburse grandparents in the program for the cost…

38-148. Same; annual report to the legislature; rules and regulations. (a) The secretary, on or before the first day of the regular legislative session, shall report annually to the legislature: (1) The number of children participating in the program and the breakdown of where th…

38-149. Same; entitlement not created. The provisions of the grandparents as caregivers act shall not be construed to create an entitlement for participants in the program. History: L. 2006, ch. 208, § 8; July 1.

38-150. Physician care of a minor; disclosure of do-not-resuscitate order; refusal of consent; dispute resolution. (a) This section shall be known and may be cited as Simon's law. (b) A do-not-resuscitate order or similar physician's order shall not be instituted, either orally o…

38-152. Settlement agreement by person with legal custody of a minor; affidavit or verified statement required; payment; restrictions on withdrawal or transfer of funds; effect of agreement; liability; filing for guardianship or conservatorship; court actions. (a) A person having…

38-306. Institution to have custody and control of child. No parent or guardian or other person who by instrument of writing surrenders or has heretofore surrendered the custody of a child to any children's aid society, or institution shall thereafter, contrary to the terms of su…

38-315. Unlawful placing or receiving of child from another state; penalty. No association which is incorporated under the laws of any other state than the state of Kansas shall place any child in any family home within the boundaries of the state of Kansas, either with or withou…

38-319. Policy of state to identify and encourage adoption of certain hard-to-place children; financial support. It is hereby declared to be the policy of this state to identify and encourage the adoption of certain hard-to-place children now living in or likely to be placed in f…

38-320. Definitions. As used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein: (a) "Department" means the Kansas department for children and families or any division thereof. (b) "Secretary" means the secretary for children…

38-321. Administration of program of adoption support; rules and regulations. The secretary is hereby authorized and directed to adopt such rules and regulations as may be necessary to assist in the administration of the program of adoption support authorized by this act. The reg…

38-322. Eligibility of child for adoption support. Before a child may become eligible for adoption support under this act, it shall be necessary that: (a) The child shall be or have been a child hard to place in adoption due to attitudes of society toward his: Age; racial or ethn…

38-323. Termination of adoption support. Adoption support under this act shall not continue: (a) Beyond the time that the adopted child reaches eighteen (18) years of age, unless such adopted person is participating in an educational or training program approved by the secretary,…

38-324. Adoption support; eligibility of prospective parent; amount of payments. A prospective parent seeking adoption support hereunder shall be a person who has the character, judgment, sense of responsibility and disposition which makes him or her suitable as an adoptive paren…

38-325. Acceptance and use of funds by director for purposes of act; payments. Within the limits of appropriations made for the care of children in foster homes and child-care institutions, the secretary is hereby authorized to make funds available to carry out the provisions of …

38-326. Limitation on amount of adoption support. In no event shall adoption support under this act exceed the usual cost to the department for the monthly cost of care in a foster home, including medical services and other special grants as determined by the secretary. History: …

38-327. Recommendations by child placing agency; preplacement study or supervision of home. Any child placing agency having a child in foster care or institutional care may recommend to the secretary support of the adoption of such child and may include in its recommendation any …

38-328. Court may waive costs. The district court may waive the court costs and other related costs for any adoptions under the provisions of this act. History: L. 1972, ch. 162, § 10; L. 1976, ch. 145, § 162; January 10, 1977.

38-329. Citation of act. This act shall be known and may be cited as the "adoption support act of 1972." History: L. 1972, ch. 162, § 11; July 1.

38-335. Interstate compact; declaration of need and policy. (a) It is hereby found and declared that: (1) Adoptive families of special needs children who move to other states often have difficulty in obtaining medical services due to reluctance by medical providers to accept Kans…

38-336. Enactment of compact. The interstate compact on adoption and medical assistance is hereby enacted into law and entered into by this state with any other state or states legally joining therein in the form substantially as follows: INTERSTATE COMPACT ON ADOPTION AND MEDICA…

38-337. Compact administrator; appointment; duties. Pursuant to the compact, the governor may designate an officer who shall be the compact administrator and who, acting jointly with similar officers of other party states, shall adopt rules and regulations to carry out more effec…