Session of 1998
By Committee on Judiciary
            9             AN ACT concerning children in need of care; relating to the filing of the
10             petition and the summons; amending K.S.A. 38-1531, 38-1532 and 38-
11             1533 and repealing the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 38-1531 is hereby amended to read as follows:
15       38-1531. (a) Filing of petition. An action pursuant to this code is com-
16       menced by the filing of a petition with the clerk of the district court.
17           (b) Contents of petition. (1) The petition shall state, if known:
18           (A) The name, date of birth and residence address of the child;
19           (B) except as provided further, the name and residence address of
20       the child's parents. If one parent is the sole legal custodian of the child or
21       only one parent is identified on the child's birth certificate, only such
22       parent's name and residence address is required on the petition;
23           (C) the name and residence address of any persons having custody
24       or control of the child, or the nearest known relative if no parent can be
25       found; and
26           (D) plainly and concisely in the language of the statutory definition,
27       the basis for requesting that the court assume jurisdiction over the child.
28           (2) The petition shall also state the specific facts which are relied
29       upon to support the allegation referred to in the preceding paragraph
30       including any known dates, times and locations.
31           (3) The proceedings shall be entitled: ``In the Interest of
32           (4) The petition shall contain a request that the court find the child
33       to be a child in need of care.
34           (5) The petition shall contain a request that the parent or parents be
35       ordered to pay child support. The request for child support may be omit-
36       ted with respect to a parent already ordered to pay child support for the
37       child and shall be omitted with respect to one or both parents upon
38       written request of the secretary.
39           (c) Motions. Motions may be made orally or in writing. The motion
40       shall state with particularity the grounds for the motion and shall state
41       the relief or order sought.
42           Sec. 2. K.S.A. 38-1532 is hereby amended to read as follows: 38-
43       1532. Upon the filing of a petition under this code the court shall proceed

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  1       by one of the following methods:
  2           (a) Issue summons stating the place and time at which the parties are
  3       required to appear and answer the allegations of the petition, which shall
  4       be within 30 days of the date the petition is filed, and deliver the summons
  5       with copies of the petition attached to the sheriff or a person specially
  6       appointed to serve it.
  7           (b) If the child has been taken into protective custody under the
  8       provisions of K.S.A. 38-1542 and a temporary custody hearing is held as
  9       required by K.S.A. 38-1543, a copy of the petition shall be served at the
10       hearing on each interested party who is in attendance at the hearing and
11       a record of service made a part of the proceedings. The court shall an-
12       nounce the time the parties will be required to next appear before the
13       court. Process shall be served on any interested party not at the temporary
14       custody hearing.
15           Upon the written request of the petitioner or the county or district
16       attorney separate or additional summons shall be issued to any interested
17       party.
18           The court may proceed without notifying both parents if one parent is
19       the sole legal custodian of the child or only one parent is identified on the
20       child's birth certificate and such parent is served pursuant to K.S.A. 38-
21       1533 and amendments thereto.
22           Sec. 3. K.S.A. 38-1533 is hereby amended to read as follows: 38-
23       1533. (a) Persons upon whom served. The summons and a copy of the
24       petition shall be served on the child alleged to be a child in need of care
25       by serving the guardian ad litem appointed for the child, the parents or
26       parent having legal custody, identified on the child's birth certificate or
27       who may be ordered to pay child support by the court, the person with
28       whom the child is residing and any other person designated by the county
29       or district attorney.
30           (b) Form of summons. The summons shall be issued by the clerk,
31       dated the day it is issued, contain the name of the court and the caption
32       of the case and be in substantially the following form:
(Name of Court)
34       In the Interest of ________________
Case No. ______

36                               (Name[s])
37       Date of birth ____________
38       Each a child under 18 years of age
40       TO:



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  2           A petition has been filed in this court, a copy of which is attached.
  3           On ________, 19__, at ______ o'clock __m. the above parent(s), and any
  4       other person having legal custody are required to appear before this court at
  5       or prior to that time file your written response to the petition with the clerk of this court.
  6           Failure to respond or to appear before the court at the above time will not prevent the
  7       court from entering judgment that each child is a child in need of care if it finds judgment
  8       should be granted and removing the child from the custody of parent, parents or any other
  9       present legal custodian until the further order of the court. The court may order one or
10       both parents to pay child support. If, after a child has been adjudged to be a child in need
11       of care, the court finds a parent or parents to be unfit, the court may make an order
12       permanently terminating the parent's or parents' parental rights.
13           ________, an attorney, has been appointed as guardian ad litem for the child or
14       children. Each parent or legal custodian has the right to appear and be heard personally
15       either with or without an attorney. The court will appoint an attorney for any parent who
16       is financially unable to hire one.
17       Date ________, 19__
Clerk of the District Court

by ____________________

20             (Seal)
21           Sec. 4. K.S.A. 38-1531, 38-1532 and 38-1533 are hereby repealed.
22           Sec. 5. This act shall take effect and be in force from and after its
23       publication in the statute book.