Chapter 38 — MINORS

38-308. History: L. 1901, ch. 106, § 8; R.S. 1923, 38-308; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Title of act sufficient; act held constitutional. The State v. Hahn, 70 Kan. 877, 878, 79 P. 670. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Poli…

38-311. History: L. 1901, ch. 106, § 11; R.S. 1923, 38-311; Repealed, L. 1957, ch. 256, § 39; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School…

38-312. History: L. 1901, ch. 106, § 12; R.S. 1923, 38-312; Repealed, L. 1957, ch. 256, § 39; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School…

38-313. History: L. 1901, ch. 106, § 13; R.S. 1923, 38-313; Repealed, L. 1957, ch. 256, § 39; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School…

38-314. History: L. 1901, ch. 106, § 14; R.S. 1923, 38-314; Repealed, L. 1957, ch. 256, § 39; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School…

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…

38-318. History: L. 1901, ch. 106, Appendix; R.S. 1923, 38-318; Repealed, L. 1957, ch. 256, § 39; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Sc…

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. Previous | Next LEGISLATIVE COORDINATING COUNCIL Gen…

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. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTE…

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…

38-338. Supplementary agreements. The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to the compact. If a supplementary agreement requires or contemplates the use of any institution or facility of this state or re…

38-339. Financial arrangements. The compact administrator, subject to the approval of the director of accounts and reports, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreeme…

38-340. Enforcement of compact. The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions. Hist…

[Repealed or reserved.]

38-401. History: L. 1905, ch. 190, § 1; L. 1917, ch. 154, § 1; R.S. 1923, 38-401; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Purpose of court; procedure regular and valid. In re Turner, 94 Kan. 115, 119, 145 P. 871. 2. Divorce jurisdiction over child lost when …

38-402. History: L. 1905, ch. 190, § 2; R.S. 1923, 38-402; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. "Delinquent child" includes child under sixteen who violates law. State v. Dubray, 121 Kan. 886, 888, 250 P. 316. 2. Juvenile court act does not apply to inmat…

38-403. History: L. 1905, ch. 190, § 3; R.S. 1923, 38-403; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Section cited in considering jurisdiction of courts. State v. Dubray, 121 Kan. 886, 888, 250 P. 316. 2. Section cited in considering sufficiency of petition in…

38-404. History: L. 1905, ch. 190, § 4; R.S. 1923, 38-404; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Act provides for initiation of delinquency proceedings by petition and summons. State v. Dubray, 121 Kan. 886, 888, 250 P. 316. 2. Petition held to allege ulti…

38-405. History: L. 1905, ch. 190, § 5; R.S. 1923, 38-405; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. One having custody of child must be served with notice. In re Carter, 77 Kan. 765, 766, 93 P. 584. 2. Proceedings regular and valid; girl properly committed to…

38-405a. History: L. 1943, ch. 177, § 2; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Purpose of section; hearing and orders void if no guardian ad litem appointed. In re Houser, 166 Kan. 48, 49, 50, 199 P.2d 499. 2. Guardian ad litem entitled to expenses and com…

38-406. History: L. 1905, ch. 190, § 6; R.S. 1923, 38-406; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Court may make provision for child pending final disposition. State v. Dubray, 121 Kan. 886, 888, 250 P. 316. 2. In felony cases delinquent may be committed to…

38-407. History: L. 1905, ch. 190, § 7; R.S. 1923, 38-407; L. 1943, ch. 177, § 1; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Cited; dependent child not liable for its support at orphans' home. State v. Hardesty, 142 Kan. 579, 581, 50 P.2d 982. 2. Cited; word "c…

38-408. History: L. 1905, ch. 190, § 8; R.S. 1923, 38-408; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Juvenile court's jurisdiction to determine whether child delinquent is exclusive. Houser v. Houser, 166 Kan. 45, 47, 199 P.2d 497. 2. Record reviewed; findings…

38-409. History: L. 1905, ch. 190, § 9; R.S. 1923, 38-409; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Age question of fact, findings erroneous, habeas corpus unavailing. In re Wallace, 75 Kan. 432, 434, 89 P. 687. 2. Neglected child; commitment; jurisdiction of…

38-410. History: L. 1905, ch. 190, § 10; R.S. 1923, 38-410; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Order committing dependent, neglected child held final and appealable. State, ex rel., v. Hartford Accident & Ind. Co., 154 Kan. 79, 83, 114 P.2d 812. 2. Juve…

38-411. History: L. 1905, ch. 190, § 11; R.S. 1923, 38-411; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. District court, no jurisdiction over child under sixteen; criminal offense. The State v. Dunn, 75 Kan. 799, 801, 90 P. 231. 2. Judgment of police court on chi…

38-412. History: L. 1905, ch. 190, § 12; R.S. 1923, 38-412; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. May appeal to district court from final order of commitment. The State v. Dunn, 75 Kan. 799, 90 P. 231. 2. Appeal lies from juvenile court to district court. …

38-413. History: L. 1905, ch. 190, § 13; R.S. 1923, 38-413; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Delinquents should be taken or transferred to juvenile court. Swehla v. Malone, 114 Kan. 712, 713, 220 P. 299. Previous | Next LEGISLATIVE COORDINATING COUNCI…

38-414. History: L. 1905, ch. 190, § 14; R.S. 1923, 38-414; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Juvenile court has exclusive jurisdiction to punish delinquents. Swehla v. Malone, 114 Kan. 712, 220 P. 299. 2. District court without jurisdiction to sentenc…

38-415. History: L. 1905, ch. 190, § 15; R.S. 1923, 38-415; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Purpose not punishment, but correction and prevention. In re Turner, 94 Kan. 115, 120, 145 P. 871. 2. Juvenile appeals to be disposed of in parental, not puni…

38-416. History: R.S. 1923, 38-416; Repealed, L. 1957, ch. 256, § 39; July 1. Source or prior law: L. 1907, ch. 177, § 1. Cross References to Related Sections: Later act, 21-3612. CASE ANNOTATIONS 1. Trial procedure hereunder discussed; judgment rendered after jury discharged hel…

38-417. History: L. 1907, ch. 177, § 2; R.S. 1923, 38-417; Repealed, L. 1957, ch. 256, § 39; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School …

38-421. History: L. 1907, ch. 177, § 6; R.S. 1923, 38-421; Repealed, L. 1957, ch. 256, § 39; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School …

38-422. History: L. 1907, ch. 177, § 11; R.S. 1923, 38-422; Repealed, L. 1957, ch. 256, § 39; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School…

38-423. History: L. 1907, ch. 177, § 12; R.S. 1923, 38-423; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Jurisdiction of juvenile court not to expire because child reached sixteen. State v. Dubray, 121 Kan. 886, 896, 250 P. 316. Previous | Next LEGISLATIVE COORDI…

38-424. History: L. 1907, ch. 177, § 13; R.S. 1923, 38-424; L. 1927, ch. 226, § 1; L. 1947, ch. 264, § 1; L. 1951, ch. 286, § 1; L. 1959, ch. 197, § 1; Repealed, L. 1961, ch. 227, § 1; June 30. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Do…

38-425. History: L. 1907, ch. 177, § 14; R.S. 1923, 38-425; Repealed, L. 1957, ch. 256, § 39; July 1. CASE ANNOTATIONS 1. Cited; dependent child not liable for its support at orphans' home. State v. Hardesty, 142 Kan. 579, 581, 50 P.2d 982. Previous | Next LEGISLATIVE COORDINATIN…

38-426. History: L. 1907, ch. 177, § 15; R.S. 1923, 38-426; Repealed, L. 1957, ch. 256, § 39; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School…

38-427. History: L. 1907, ch. 177, § 16; R.S. 1923, 38-427; Repealed, L. 1957, ch. 256, § 39; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School…