Printable Format38-2201. 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, orders, judgments and decrees shall be deemed to be pursuant to the parental power of the state. Any orders pursuant to this code shall take precedence over any similar order under chapter 23 of the Kansas Statutes Annotated, and amendments thereto, the Kansas family law code, article 11 of chapter 38 of the Kansas Statutes Annotated, and amendments thereto, determination of parentage, article 21 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, adoption and relinquishment act, article 30 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, guardians and conservators, or article 31 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, protection from abuse act, until jurisdiction under this code is terminated.
(b) The code shall be liberally construed to carry out the policies of the state which are to:
(1) Consider the safety and welfare of a child to be paramount in all proceedings under the code;
(2) provide that each child who comes within the provisions of the code shall receive the care, custody, guidance control and discipline that will best serve the child's welfare and the interests of the state, preferably in the child's home and recognizing that the child's relationship with such child's family is important to the child's well being;
(3) make the ongoing physical, mental and emotional needs of the child decisive considerations in proceedings under this code;
(4) acknowledge that the time perception of a child differs from that of an adult and to dispose of all proceedings under this code without unnecessary delay;
(5) encourage the reporting of suspected child abuse and neglect;
(6) investigate reports of suspected child abuse and neglect thoroughly and promptly;
(7) provide for the protection of children who have been subject to physical, mental or emotional abuse or neglect or sexual abuse;
(8) provide preventative and rehabilitative services, when appropriate, to abused and neglected children and their families so, if possible, the families can remain together without further threat to the children;
(9) provide stability in the life of a child who must be removed from the home of a parent; and
(10) place children in permanent family settings, in absence of compelling reasons to the contrary.
(c) Nothing in this code shall be construed to permit discrimination on the basis of disability.
(1) The disability of a parent shall not constitute a basis for a determination that a child is a child in need of care, for the removal of custody of a child from the parent, or for the termination of parental rights without a specific showing that there is a causal relation between the disability and harm to the child.
(2) In cases involving a parent with a disability, determinations made under this code shall consider the availability and use of accommodations for the disability, including adaptive equipment and support services.
(d) (1) Nothing in this code shall be construed to permit any person to compel a parent to medicate a child if the parent is acting in accordance with medical advice from a physician. The actions of a parent in such circumstances shall not constitute a basis for a determination that a child is a child in need of care, for the removal of custody of a child from the parent, or for the termination of parental rights without a specific showing that there is a causal relation between the actions and harm to the child.
(2) As used in this subsection, "physician" means a person licensed to practice medicine and surgery by the state board of healing arts or by an equivalent licensing board or entity in any state.
History: L. 2006, ch. 200, § 1; L. 2010, ch. 75, § 4; L. 2011, ch. 24, § 3; L. 2012, ch. 162, § 59; L. 2016, ch. 102, § 8; July 1.
Source or Prior Law:
38-1501, 38-1521, 38-1584.
CASE ANNOTATIONS
1. Father dismisses court appointed attorney, requests pro se representation then requests counsel on trial day, denial not error. In re J.A.H., 285 Kan. 375, 382, 172 P.3d 1 (2007).
2. Mentioned, there is no right to appeal from district court judgment regarding SRS placement with potential adoptive families. In re A.F., 38 Kan. App. 2d 742, 744, 172 P.3d 63 (2007).
3. Termination of parental rights of imprisoned father upheld; Indian child welfare act construed and applied. In re M.B., 39 Kan. App. 2d 31, 44 to 47, 176 P.3d 977 (2008).
4. Indian child welfare act was not followed in child in need of care case; case remanded. In re M.F., 41 Kan. App. 2d 927, 206 P.3d 57 (2009).
5. 60-day adjudication requirement of K.S.A. 38-2251 held directory, not mandatory. In re L.C.W., 42 Kan. App. 2d 293, 211 P.3d 829 (2009).
6. Balancing test weighing the interests of the state, parent and child discussed. In re L.B., 42 Kan. App. 2d 837, 217 P.3d 1004 (2009).
7. Grandparent visitation was not a ripe issue for district court because CINC no-contact order takes precedence and governs until CINC case closes or is modified. Frost v. Kansas Dept. for Children and Families, 59 Kan. App. 2d 404, 483 P.3d 1058 (2021).