Chapter 38 — MINORS

38-2242. Ex parte orders of protective custody; application; determination of probable cause; period of time; placement; procedures; orders for removal of child from custody of parent, limitations. (a) The court, upon verified application, may issue ex parte an order directing th…

38-2243. Orders of temporary custody; notice; hearing; procedure; findings; placement; orders for removal of child from custody of parent, limitations. (a) Upon notice and hearing, the court may issue an order directing who shall have temporary custody and may modify the order du…

38-2243a. History: L. 2006, ch. 200, § 38; L. 2008, ch. 169, § 7; L. 2009, ch. 99, § 5; L. 2010, ch. 11, § 6; L. 2010, ch. 155, § 13; L. 2013, ch. 120, § 35; L. 2018, ch. 107, § 5; L. 2019, ch. 65, § 5; L. 2023, ch. 96, § 6; Repealed, L. 2024, ch. 100, § 16; July 1. Previous | Ne…

38-2244. Order for informal supervision; restraining orders. (a) At any time after filing a petition, but prior to an adjudication, the court may enter an order for continuance and informal supervision without an adjudication if no party objects. Upon granting the continuance, th…

38-2245. Discovery. (a) After a hearing and a finding that discovery procedures, as described in K.S.A. 60-226 through 60-237, and amendments thereto, will expedite the proceedings, the judge may allow discovery subject to limitations. (b) Upon request of any party or interested …

38-2246. Continuances. All proceedings under this code shall be disposed of without unnecessary delay. Continuances shall not be granted unless good cause is shown. History: L. 2006, ch. 200, § 41; January 1, 2007. Source or Prior Law: 38-1551. Previous | Next LEGISLATIVE COORDIN…

38-2247. Attendance at proceedings; confidentiality. (a) Adjudication. Proceedings prior to and including adjudication under this code shall be open to attendance by any person unless the court determines that closed proceedings or the exclusion of that person would be in the bes…

38-2248. Stipulations and no contest statements. (a) In any proceedings under this code, parents, persons with whom the child has been residing pursuant to subsection (d) of K.S.A. 38-2241, and amendments thereto, and guardians ad litem may stipulate or enter no contest statement…

38-2249. Rules of evidence. (a) In all proceedings under this code, the rules of evidence of the code of civil procedure shall apply, except that no evidence relating to the condition of a child shall be excluded solely on the ground that the matter is or may be the subject of a …

38-2250. Degree of proof. The petitioner must prove by clear and convincing evidence that the child is a child in need of care. History: L. 2006, ch. 200, § 45; January 1, 2007. Source or Prior Law: 38-1555. Law Review and Bar Journal References: Kevin M. Smith, Independent Paren…

38-2251. Adjudication. (a) If the court finds that the child is not a child in need of care, the court shall enter an order dismissing the proceedings. (b) If the court finds that the child is a child in need of care, the court shall enter an order adjudicating the child to be a …

38-2252. Predispositional alternative; placement with person other than child's parent; conference; recommendations; immunity. (a) Before placement pursuant to this code of a child with a person other than the child's parent, the secretary, the court or the court services officer…

38-2253. Dispositional hearing; purpose; time. (a) At a dispositional hearing, the court shall receive testimony and other relevant information with regard to the safety and well being of the child and may enter orders regarding: (1) Case planning which sets forth the responsibil…

38-2254. Same; notice. (a) Unless waived by the persons entitled to notice, the court shall require notice of the time and place of the dispositional hearing be given to the parties and interested parties. (b) The court shall require notice and the right to be heard as to proposa…

38-2255. Authorized dispositions; prohibitions. (a) Considerations. Prior to entering an order of disposition, the court shall give consideration to: (1) The child's physical, mental and emotional condition; (2) the child's need for assistance; (3) the manner in which the parent …

38-2255a. History: L. 2006, ch. 200, § 50; L. 2009, ch. 99, § 6; L. 2009, ch. 143, § 16; L. 2010, ch. 135, § 47; Repealed, L. 2011, ch. 30, § 288; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR O…

38-2255b. History: L. 2006, ch. 200, § 50; L. 2009, ch. 99, § 6; L. 2009, ch. 143, § 16; L. 2010, ch. 75, § 12; L. 2011, ch. 30, § 156; Repealed, L. 2012, ch. 162, § 90; May 31. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived…

38-2256. Rehearing. After the entry of any dispositional order, the court may rehear the matter on its own motion or the motion of a party or interested party. Upon notice, pursuant to K.S.A. 38-2254, and amendments thereto, and after the rehearing, the court may enter any dispos…

38-2257. Permanency planning at disposition. If a child is placed outside the child's home at the dispositional hearing and no permanency plan is made a part of the record of the hearing, a written permanency plan shall be prepared pursuant to K.S.A. 38-2263, and amendments there…

38-2258. Change of placement; notice; opportunity for hearing; removal from home of parent, findings by court. (a) Except as provided in K.S.A. 38-2255(d)(2) and 38-2259, and amendments thereto, if a child has been in the same foster home, kinship care placement or shelter facili…

38-2258a. History: L. 2006, ch. 200, § 53; L. 2008, ch. 169, § 13; L. 2010, ch. 135, § 48; Repealed, L. 2011, ch. 91, § 41; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Ses…

38-2259. Emergency change of placement; removal from home of parent, findings of court. (a) When an emergency exists requiring immediate action to assure the safety and protection of the child or the secretary is notified that the foster parents or shelter facility refuse to allo…

38-2260. Placement; order directing child to remain in present or future placement, application for determination that child has violated order; procedure; authorized dispositions; limitations on facilities used for placement; computation of time limitations. (a) Valid court orde…

38-2261. Reports made by foster parents and kinship caregivers. The secretary shall notify the foster parent or kinship caregivers that the foster parent or kinship caregivers have a right to submit a report. Copies of the report shall be available to the parties and interested p…

38-2262. Placement; testimony of certain children. At any hearing under the code, the court, if requested by the child, shall allow the child to address the court, if the child is 10 years of age or older. History: L. 2006, ch. 200, § 57; L. 2011, ch. 24, § 5; July 1. Source or P…

38-2263. Permanency planning. (a) The goal of permanency planning is to assure, in so far as is possible, that children have permanency and stability in their living situations and that the continuity of family relationships and connections is preserved. In planning for permanenc…

38-2264. Permanency hearing; purpose; procedure and requirements; time for hearing; authorized orders. (a) A permanency hearing is a proceeding conducted by the court or by a citizen review board for the purpose of determining progress toward accomplishment of a permanency plan a…

38-2265. Same; notice. (a) (1) The court shall require notice of the time and place of the permanency hearing be given to the parties and interested parties. The notice shall state that the person receiving the notice shall have the right to be heard at the hearing. (2) If the ch…

38-2266. Request for termination of parental rights or appointment of permanent custodian or SOUL family legal permanency custodian. (a) Either in the original petition filed under this code or in a motion made in an existing proceeding under this code, any party or interested pa…

38-2267. Procedure upon receipt of request. (a) Upon receiving a petition or motion requesting termination of parental rights or appointment of permanent custodian, the court shall set the time and place for the hearing, which shall be held within 90 days. A continuance shall be …

38-2268. Voluntary relinquishment; consent to permanent custodian or SOUL family legal permanency custodian; consent to adoption. (a) Prior to a hearing to consider the termination of parental rights, if the child's permanency plan is either adoption or appointment of a permanent…

38-2269. Factors to be considered in termination of parental rights; appointment of permanent custodian. (a) When the child has been adjudicated to be a child in need of care, the court may terminate parental rights or appoint a permanent custodian when the court finds by clear a…

38-2270. Custody for adoption. (a) When parental rights have been terminated and it appears that adoption is a viable alternative, the court shall enter one of the following orders: (1) An order granting custody of the child, for adoption proceedings, to the secretary or a corpor…

38-2271. Presumption of unfitness, when; burden of proof. (a) It is presumed in the manner provided in K.S.A. 60-414, and amendments thereto, that a parent is unfit by reason of conduct or condition which renders the parent unable to fully care for a child, if the state establish…

38-2272. Appointment of permanent custodian. (a) A permanent custodian may be appointed: (1) With the consent and agreement of the parents and approval by the court; (2) after a finding of unfitness pursuant to K.S.A. 38-2269, and amendments thereto; or (3) after termination of p…

38-2272a. Establishment of SOUL family legal permanency. (a) SOUL family legal permanency may be appointed with: (1) Agreement and approval of a child 16 years of age or older; (2) agreement and consent of the child's parent unless there has been a finding of unfitness or termina…

38-2273. Appeals; procedure; verification; continuing jurisdiction. (a) An appeal may be taken by any party or interested party from any order of temporary custody, adjudication, disposition, finding of unfitness or termination of parental rights. (b) An appeal from an order ente…

38-2274. Temporary orders pending appeal; status of orders appealed from. (a) Pending the determination of the appeal, any order appealed from shall continue in force unless modified by temporary orders as provided in subsection (b). (b) The court on appeal, pending a hearing, ma…

38-2275. Fees and expenses. (a) When an appeal is taken pursuant to this code, fees if the guardian ad litem or of an attorney appointed to represent a parent shall be fixed by the district court. The fees, together with the costs of transcripts and records on appeal, shall be ta…

38-2276. Prohibiting detainment or placement of child in jail. No child under 18 years of age shall be detained or placed in any jail pursuant to the code. History: L. 2006, ch. 200, § 71; January 1, 2007. Source or Prior Law: 38-1594. Previous | Next LEGISLATIVE COORDINATING COU…

38-2277. Determination of child support. (a) In determining the amount of a child support order under the code, the court shall apply the Kansas child support guidelines adopted pursuant to K.S.A. 20-165, and amendments thereto. (b) If the appropriate amount of support under the …

38-2278. Journal entry for child support. When child support is ordered pursuant to the code, a separate journal entry or judgment form shall be made for each parent ordered to pay child support. The journal entry or judgment form shall be entitled: "In the matter of (obligee's n…

38-2279. Withholding order for child support; filing; service; jurisdiction; consolidation with child in need of care case; modification. (a) A person entitled to receive child support under an order issued pursuant to the code may file with the clerk of the district court in the…

38-2280. Remedies supplemental not substitute. The remedies provided in this code with respect to child support are in addition to and not in substitution for any other remedy. History: L. 2006, ch. 200, § 75; January 1, 2007. Source or Prior Law: 38-1598. Previous | Next LEGISLA…

38-2281. Family services and community intervention fund; child in need of care, purpose of expenditure of moneys. There is hereby established in the state treasury the family services and community intervention fund which shall be administered by the secretary. The secretary may…

38-2282. Newborn infant protection act; surrender to a person or newborn safety device; immunity from liability; notice of relinquishment; required infant information and information to be given to relinquishing parent. (a) This section shall be known and may be cited as the newb…

38-2283. Application to existing cases. (a) In addition to all actions concerning a child in need of care commenced on or after January 1, 2007, this code also applies to proceedings commenced before January 1, 2007, unless the court finds that application of a particular provisi…

38-2284. Precedence of certain orders issued under revised Kansas code for care of children and revised Kansas juvenile justice code. Any order issued pursuant to the revised Kansas code for care of children or the revised Kansas juvenile justice code, shall take precedence over …

38-2285. Awarding high school diplomas; requirements. (a) The board of education of a school district shall award a high school diploma to any person requesting a diploma if such person: (1) Is at least 17 years of age; (2) is enrolled or resides in such school district; (3) is o…

38-2286. Child removed from custody of parent, substantial consideration of grandparent. (a) Notwithstanding the provisions of other statutes, when a child is removed from the custody of a parent and not placed with the child's other parent, a grandparent who requests custody sha…