Chapter 38, MINORS

38-1720. Accounting by and determination of liability of custodian. (a) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petiti…

38-1721. Termination of custodianship. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of: (1) The minor's attainment of 21 years of age with respect to custodial property transferred under K.S.A.…

38-1722. Applicability. This act applies to a transfer within the scope of K.S.A. 38-1703 made after its effective date if: (1) The transfer purports to have been made under the Kansas uniform gifts to minors act; or (2) the instrument by which the transfer purports to have been …

38-1723. Effect on existing custodianships. (a) Any transfer of custodial property as now defined in this act made before the effective date of this act is validated notwithstanding that there was no specific authority in the Kansas uniform gifts to minors act for the coverage of…

38-1724. Uniformity of application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. History: L. 1985, ch. 143, § 23; July 1.

38-1725. Severability. If any provisions of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this e…

38-1726. Effect of repeals. To the extent that this act, by virtue of subsection (b) of K.S.A. 38-1723, does not apply to transfers made in a manner prescribed in the Kansas gifts to minors act or to the powers, duties, and immunities conferred by transfers in that manner upon cu…

38-1808. Family and children investment fund; family and children trust account, permanent families account, and family and children endowment account; authorized expenditures; receipts; interest. (a) There is hereby established in the state treasury the family and children inves…

38-1813. Local citizen review board; duties and powers. (a) The local citizen review board shall have the duty, authority and power to: (1) Review each case of a child who is the subject of a child in need of care petition or who has been adjudicated a child in need of care or wh…

38-1816. Corporation for change; abolishment. On July 1, 1997, the corporation for change established by K.S.A. 38-1803 is hereby abolished. History: L. 1997, ch. 156, § 27; May 22.

38-1817. Family and children trust account transferred to Kansas department for children and families. On and after July 1, 1997: (a) Whenever the corporation for change, or words of like effect, is referred to or designated by a statute, contract or other document, and such refe…

38-1818. Permanent families account transferred to judicial administrator of the courts. On and after July 1, 1997: (a) Whenever the corporation for change, or words of like effect, is referred to or designated by a statute, contract or other document and such reference or design…

38-1819. Transfer of employees. On and after July 1, 1997: (a) Except as otherwise provided in this act, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the corporation for change, which relate to the f…

38-1820. Conflicts as to power, function or duty to be resolved by governor. On and after July 1, 1997: (a) When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolition, transfer, attachm…

38-1821. Legal custody of records transferred; no abatement of suits, actions or proceedings. On and after July 1, 1997: (a) The Kansas department for children and families shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combi…

38-1822. Balance of funds and liabilities transferred. On and after July 1, 1997: (a) The balance of all funds received by the corporation for change and maintained in interest-bearing accounts in Kansas banks or Kansas savings and loan associations pursuant to K.S.A. 38-1809, pr…

38-1901. Kansas children's cabinet within Kansas office of early childhood; membership and terms; qualifications; substantial interests prohibited; duties; expense allowances. On and after July 1, 2025: (a) (1) The advisory committee on children and families is hereby redesignate…

38-1902. Kansas children's cabinet; authorization to establish a nonprofit corporation to engage in fundraising projects for the Dolly Parton's imagination library book gifting program. (a) The children's cabinet is authorized to establish a nonprofit corporation organized under …

38-2001. Insurance coverage for children; development of plan; provisions of coverage; powers and duties of the secretary of health and environment; program funding. (a) The department of health and environment shall develop and submit a plan consistent with federal guidelines es…

38-2002. Same; rules and regulations. (a) The secretary of health and environment shall adopt rules and regulations as necessary to implement and administer the provisions of this act. (b) All rules and regulations adopted on and after July 1, 2013, and prior to July 1, 2014, to …

38-2003. Same; abortion exclusion; "health benefits coverage" defined. (a) (1) None of the funds appropriated to implement this act shall be expended for any abortion. (2) None of the funds appropriated to implement this act shall be expended for health benefits coverage that inc…

38-2004. Same; eligibility for coverage. The secretary in contracting for capitated managed health care for children shall include in the pool of persons to be covered those eligible children covered by the Kansas medicaid program as law allows. History: L. 1998, ch. 125, § 4; Ap…

38-2005. Same; contracts. The secretary shall enter into contracts as deemed appropriate to carry out the provisions of this act. Administrative services under this program shall be contracted with private entities. Nothing in this act precludes the secretary from entering into a…

38-2006. Same; duty of secretary to advise and consult. The secretary for children and families shall advise and consult with the secretary of health and environment on issues relating to children's health status. History: L. 1998, ch. 125, § 6; L. 2008, ch. 110, § 2; L. 2012, ch…

38-2007. Same; report on funding alternatives and performance. For the purpose of financially empowering parents to choose a health plan for a child, the secretary should review and report both verbally and in writing to the standing committee on public health and welfare of the …

38-2009. Kansas insurance coverage for children fund, credits, expenditures. (a) There is hereby established in the state treasury the Kansas insurance coverage for children fund. (b) The secretary is authorized to apply for and receive grants, gifts and donations from nonfederal…

38-2010. Severability. If any provision or clause of this act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or applica…

38-2101. Kansas endowment for youth fund; tobacco litigation settlement agreement proceeds, disposition; investment, management and administration of fund. (a) There is hereby established in the state treasury the Kansas endowment for youth fund which shall constitute a trust fun…

38-2102. Children's initiatives fund; purposes; requirements for funded programs; transfers from Kansas endowment for youth fund, adjustments for increased or reduced tobacco litigation settlement agreement proceeds. (a) There is hereby established in the state treasury the child…

38-2103. Duties concerning children's initiatives fund; reviews, assessments and evaluations of uses of moneys; audits; children's initiatives accountability fund, interest. (a) The Kansas children's cabinet established by K.S.A. 38-1901, and amendments thereto, shall advise the …

38-2104. Management and investment of Kansas endowment for youth fund and family and children endowment account of the family and children investment fund; investment standards and objectives; contracts with investment advisors and other consultants, requirements. (a) The board o…

38-2105. Reports to governor and legislature, actual and estimated receipts and investment earnings to Kansas endowment for youth fund. The board of trustees of the Kansas public employees retirement system shall report to the governor and to the legislature on the moneys credite…

38-2201. Citation; construction of code; policy of state. K.S.A. 38-2201 through 38-2283, and amendments thereto, shall be known as and may be cited as the revised Kansas code for care of children. (a) Proceedings pursuant to this code shall be civil in nature and all proceedings…

38-2201a. The Representative Gail Finney memorial foster care bill of rights; children in need of care, foster parents and kinship caregivers; notification of rights; enforced through equitable rights under the code. (a) This section shall be known and may be cited as the Represe…

38-2202. Definitions. As used in the revised Kansas code for care of children, unless the context otherwise indicates: (a) "Abandon" or "abandonment" means to forsake, desert or, without making appropriate provision for substitute care, cease providing care for the child. (b) "Ad…

38-2203. Jurisdiction; application of the Indian child welfare act; age of child, presumptions; precedence of certain orders; provision of services by multiple state agencies. (a) Proceedings concerning any child who may be a child in need of care shall be governed by this code, …

38-2204. Venue. (a) Venue of any case involving a child in need of care shall be in the county of the child's residence or in the county where the child is found. (b) Upon application of any party or interested party and after notice to all other parties and interested parties, t…

38-2205. Right to counsel; guardian ad litem. (a) Appointment of guardian ad litem and attorney for child; duties. Upon the filing of a petition, the court shall appoint an attorney to serve as guardian ad litem for a child who is the subject of proceedings under this code. The g…

38-2206. Appointment of special advocate. (a) The court at any stage of a proceeding pursuant to this code may appoint a special advocate for the child who shall serve until discharged by the court and whose primary duties shall be to advocate the best interests of the child and …

38-2207. Citizen review boards; members. (a) Subject to the availability of funds in the permanent families account of the family and children investment fund for citizen review boards, and subject to a request from a judicial district, there shall be citizen review boards in jud…

38-2208. Same; duties and powers. (a) The citizen review board shall have the duty, authority and power to: (1) Review each case referred to them, and such additional cases as the board deems appropriate, of a child who is the subject of a child in need of care petition or who ha…

38-2209. Confidentiality of child in need of care records; penalties; immunities. (a) Confidentiality requirements. In order to protect the privacy of children who are the subject of a child in need of care record or report, the records identified in this section shall be confide…

38-2210. Parties authorized to exchange information. To facilitate investigation and ensure the provision of necessary services to children who may be in need of care and such children's families, the following persons and entities with responsibilities concerning a child who is …

38-2211. Access to official and social file; preservation of records. (a) Access to the official file. The following persons or entities shall have access to the official file of a child in need of care proceeding pursuant to this code: (1) The court having jurisdiction over the …

38-2212. Appropriate and necessary access; exchange of information; court ordered disclosure; limited public information; release of information pursuant to open records request. (a) Principle of appropriate access. Information contained in confidential agency records concerning …

38-2213. Records of law enforcement agencies; limited disclosure; exchange of information; access; court ordered disclosure. (a) Principle of limited disclosure. Information contained in confidential law enforcement records concerning a child alleged or adjudicated to be in need …

38-2214. Duties of county or district attorney. It shall be the duty of the county or district attorney or the county or district attorney's designee to prepare and file the petition alleging a child to be a child in need of care, and to appear at the hearing on the petition and …

38-2215. Docket fee; authorized only by legislative enactment; expenses; assessment. (a) Docket fee. The docket fee for proceedings under this code, if one is assessed as provided in this section, shall be $34. Only one docket fee shall be assessed in each case. Except as provide…

38-2216. Expense of care and custody of child. (a) How paid. (1) If a child alleged or adjudged to be a child in need of care is not eligible for assistance under K.S.A. 39-709, and amendments thereto, expenses for the care and custody of the child shall be paid out of the genera…

38-2217. Health services. (a) Physical or mental care and treatment. (1) When a child less than 18 years of age is alleged to have been physically, mentally or emotionally abused or neglected or sexually abused, no consent shall be required to medically examine the child to deter…