Session of 1997
HOUSE BILL No. 2262
By Representative Adkins
9 AN ACT concerning protection from abuse; relating to temporary cus-
10 tody; amending K.S.A. 1996 Supp. 60-3107 and repealing the existing
13 Be it enacted by the Legislature of the State of Kansas:
14 Sec. 1. K.S.A. 1996 Supp. 60-3107 is hereby amended to read as
15 follows: 60-3107. (a) The court shall be empowered to approve any con-
16 sent agreement to bring about a cessation of abuse of the plaintiff or
17 minor children or grant any of the following orders:
18 (1) Restraining the parties from abusing, molesting or interfering
19 with the privacy or rights of each other or of any minor children of the
20 parties. Such order shall contain a statement that if such order is violated,
21 such violation may constitute assault as provided in K.S.A. 21-3408, and
22 amendments thereto, battery as provided in K.S.A. 21-3412, and amend-
23 ments thereto, and violation of a protective order as provided in K.S.A.
24 1996 Supp. 21-3843, and amendments thereto.
25 (2) Granting possession of the residence or household to a party to
26 the exclusion of the other party, and further restraining the party not
27 granted possession from entering or remaining upon or in such residence
28 or household, subject to the limitation of subsection (c). Such order shall
29 contain a statement that if such order is violated, such violation shall
30 constitute criminal trespass as provided in subsection (c) of K.S.A. 21-
31 3721, and amendments thereto, and violation of a protective order as
32 provided in K.S.A. 1996 Supp. 21-3843, and amendments thereto.
33 (3) Requiring a party to provide suitable, alternate housing for such
34 party's spouse and any minor children of the parties.
35 (4) Awarding temporary custody and establishing temporary visitation
36 rights with regard to minor children.
37 (5) Ordering a law enforcement officer to evict a party from the res-
38 idence or household.
39 (6) Ordering support payments by a party for the support of a party's
40 minor child or a party's spouse. Such support orders shall remain in effect
41 until modified or dismissed by the court or until expiration and shall be
42 for a fixed period of time not to exceed one year. On the motion of the
43 plaintiff, the court may extend the effect of such order for 12 months.
1 (7) Awarding costs and attorney fees to either party.
2 (8) Making provision for the possession of personal property of the
3 parties and ordering a law enforcement officer to assist in securing pos-
4 session of that property, if necessary.
5 (9) Requiring the person against whom the order is issued to seek
6 counseling to aid in the cessation of abuse.
7 (10) If during the proceedings the court determines that there is prob-
8 able cause to believe that: (i) The child is a child in need of care as defined
9 by subsections (a)(1), (2) or (3) of K.S.A. 38-1502 and amendments
10 thereto; (ii) neither parent is fit to have custody; or (iii) the child is cur-
11 rently residing with such child's grandparent, grandparents, aunt or uncle
12 and such relative has had actual physical custody of such child for a
13 significant length of time, the court may award temporary custody of the
14 child to such relative, another person or agency if the court finds the
15 award of custody to such relative, another person or agency is in the best
16 interests of the child. In making such a custody order, the court shall give
17 preference, to the extent that the court finds it is in the best interests of
18 the child, first to awarding such custody to a relative of the child by blood,
19 marriage or adoption and second to awarding such custody to another
20 person with whom the child has close emotional ties. The court may make
21 temporary orders for care, support, education and visitation that it con-
22 siders appropriate. Temporary custody orders are to be entered in lieu of
23 temporary orders provided for in K.S.A. 38-1542 and 38-1543, and
24 amendments thereto, and shall remain in effect until there is a final de-
25 termination under the Kansas code for care of children. An award of
26 temporary custody under this paragraph shall not terminate parental
27 rights nor give the court the authority to consent to the adoption of the
28 child. When the court enters orders awarding temporary custody of the
29 child to an agency or a person other than the parent but not a relative as
30 described in subpart (iii), the court shall refer a transcript of the pro-
31 ceedings to the county or district attorney. The county or district attorney
32 shall file a petition as provided in K.S.A. 38-1531 and amendments thereto
33 and may request termination of parental rights pursuant to K.S.A. 38-
34 1581 and amendments thereto. The costs of the proceedings shall be paid
35 from the general fund of the county. When a final determination is made
36 that the child is not a child in need of care, the county or district attorney
37 shall notify the court in writing and the court, after a hearing, shall enter
38 appropriate custody orders pursuant to this section. If the same judge
39 presides over both proceedings, the notice is not required. Any disposition
40 pursuant to the Kansas code for care of children shall be binding and shall
41 supersede any order under this section. When the court enters orders
42 awarding temporary custody of the child to a relative as described in
43 subpart (iii), the court shall annually review the temporary custody to
1 evaluate whether such custody is still in the best interests of the child. If
2 the court finds such custody is in the best interests of the child, such
3 custody shall continue. If the court finds such custody is not in the best
4 interests of the child, the court shall determine the custody pursuant to
5 this section.
6 (b) If, within the period that an order of support issued pursuant to
7 subsection (a)(6) is in existence, a party files a petition for divorce, sep-
8 arate maintenance or annulment and an application for temporary sup-
9 port pursuant to K.S.A. 60-1601 et seq., and amendments thereto, the
10 order of support shall continue in effect until an order is issued on the
11 application for temporary support or until such earlier time as ordered
12 by the court on motion of either party at any time for good cause shown.
13 If a party has previously commenced an action for divorce, separate main-
14 tenance or annulment prior to commencement of an action under the
15 protection from abuse act, the court may enter, pursuant to the protection
16 from abuse act, an order inconsistent with the order previously entered
17 in the divorce, separate maintenance or annulment proceeding. If an in-
18 consistent order is entered pursuant to the protection from abuse act, the
19 order previously entered in the other proceeding shall be vacated upon
20 motion in the proceeding pursuant to the protection from abuse act.
21 (c) If the parties to an action under the protection from abuse act are
22 not married to each other and one party owns the residence or household,
23 the court shall not have the authority to grant possession of the residence
24 or household under subsection (a)(2) to the exclusion of the party who
25 owns it.
26 (d) Subject to the provisions of subsections (b) and (c), a protective
27 order or approved consent agreement shall remain in effect until modified
28 or dismissed by the court and shall be for a fixed period of time not to
29 exceed one year, except that, on motion of the plaintiff, such period may
30 be extended for one additional year.
31 (e) The court may amend its order or agreement at any time upon
32 motion filed by either party.
33 (f) No order or agreement under the protection from abuse act shall
34 in any manner affect title to any real property.
35 (g) If a person enters or remains on premises or property violating
36 an order issued pursuant to subsection (a)(2), such violation shall consti-
37 tute criminal trespass as provided in subsection (c) of K.S.A. 21-3721, and
38 amendments thereto, and violation of a protective order as provided in
39 K.S.A. 1996 Supp. 21-3843, and amendments thereto. If a person abuses,
40 molests or interferes with the privacy or rights of another violating an
41 order issued pursuant to subsection (a)(1), such violation may constitute
42 assault as provided in K.S.A. 21-3408, and amendments thereto, battery
43 as provided in K.S.A. 21-3412, and amendments thereto, and violation of
1 a protective order as provided in K.S.A. 1996 Supp. 21-3843, and amend-
2 ments thereto.
3 Sec. 2. K.S.A. 1996 Supp. 60-3107 is hereby repealed.
4 Sec. 3. This act shall take effect and be in force from and after its
5 publication in the statute book.