Session of 1997
SENATE BILL No. 336
By Committee on Judiciary
9 AN ACT concerning proceedings for termination of parental rights;
10 amending K.S.A. 38-1581 and K.S.A. 1996 Supp. 38-1582 and repeal-
11 ing the existing sections.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 38-1581 is hereby amended to read as follows: 38-
15 1581. (a) Either in the petition filed under this code or in a motion made
16 in proceedings under this code, any interested party may request that the
17 parental rights of either or both parents be terminated.
18 (b) Whenever the department notifies, in writing, the county or dis-
19 trict attorney that the goal of the case plan for a child is termination of
20 parental rights, the county or district attorney, within 60 days after re-
21 ceipt of the notification, shall file a petition or motion requesting that
22 parental rights be terminated.
23 (c) Whenever a pleading is filed requesting termination of parental
24 rights, the pleading shall contain a statement of specific facts which are
25 relied upon to support the request, including dates, times and locations
26 to the extent known.
27 Sec. 2. K.S.A. 1996 Supp. 38-1582 is hereby amended to read as
28 follows: 38-1582. (a) Upon receiving a petition or motion requesting ter-
29 mination of parental rights the court shall set the time and place for the
30 hearing on the request.
31 (b) (1) The court shall give notice of the hearing: (A) As provided in
32 K.S.A. 38-1533 and 38-1534 and amendments thereto; and (B) to all the
33 child's grandparents at their last known addresses or, if no grandparent
34 is living or if no living grandparent's address is known, to the closest
35 relative of each of the child's parents whose address is known, which
36 notice shall be given by restricted mail not less than 10 business days
37 before the hearing.
38 (2) The provisions of subsection (b)(1)(B) shall not require additional
39 notice to any person otherwise receiving notice of the hearing pursuant
40 to K.S.A. 38-1536 and amendments thereto.
41 (3) Prior to the commencement of the hearing the court shall de-
42 termine that due diligence has been used in determining the identity of
43 the interested parties and in accomplishing service of process.
1 (c) In any case in which a parent of a child cannot be located by the
2 exercise of due diligence, service shall be made upon the child's nearest
3 blood relative who can be located and upon the person with whom the
4 child resides. Service by publication shall be ordered upon the parent.
5 (d) Prior to a hearing on a petition or a motion requesting termination
6 of parental rights, the court shall appoint an attorney to represent any
7 parent who fails to appear and may award a reasonable fee to the attorney
8 for services. The fee may be assessed as an expense in the proceedings.
9 (e) The court shall file its decision in any proceeding on a petition or
10 motion requesting termination of parental rights not later than 60 days
11 after the conclusion of the hearing on the petition or motion.
12 Sec. 3. K.S.A. 38-1581 and K.S.A. 1996 Supp. 38-1582 are hereby
14 Sec. 4. This act shall take effect and be in force from and after its
15 publication in the statute book.