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
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
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
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
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
(Name of Court)
34 In the Interest of ________________
Case No. ______
37 Date of birth ____________
38 Each a child under 18 years of age
S U M M O N S
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
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
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.