Session of 1999
By SRS Transition Oversight Committee

10             AN  ACT concerning children; relating to permanency hearings; amend-
11             ing K.S.A. 1999 Supp. 38-1502 and repealing the existing section; also
12             repealing K.S.A. 1999 Supp. 38-1587.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 38-1502 is hereby amended to read as
16       follows: 38-1502. As used in this code, unless the context otherwise
17       indicates:
18             (a) "Child in need of care" means a person less than 18 years of age
19       who:
20             (1) Is without adequate parental care, control or subsistence and the
21       condition is not due solely to the lack of financial means of the child's
22       parents or other custodian;
23             (2) is without the care or control necessary for the child's physical,
24       mental or emotional health;
25             (3) has been physically, mentally or emotionally abused or neglected
26       or sexually abused;
27             (4) has been placed for care or adoption in violation of law;
28             (5) has been abandoned or does not have a known living parent;
29             (6) is not attending school as required by K.S.A. 72-977 or 72-1111,
30       and amendments thereto;
31             (7) except in the case of a violation of K.S.A. 41-727, subsection (j)
32       of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
33       ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
34       4204a and amendments thereto, does an act which, when committed by
35       a person under 18 years of age, is prohibited by state law, city ordinance
36       or county resolution but which is not prohibited when done by an adult;
37             (8) while less than 10 years of age, commits any act which if done by
38       an adult would constitute the commission of a felony or misdemeanor as
39       defined by K.S.A. 21-3105 and amendments thereto;
40             (9) is willfully and voluntarily absent from the child's home without
41       the consent of the child's parent or other custodian;
42             (10) is willfully and voluntarily absent at least a second time from a
43       court ordered or designated placement, or a placement pursuant to court


  1       order, if the absence is without the consent of the person with whom the
  2       child is placed or, if the child is placed in a facility, without the consent
  3       of the person in charge of such facility or such person's designee;
  4             (11) has been residing in the same residence with a sibling or another
  5       person under 18 years of age, who has been physically, mentally or emo-
  6       tionally abused or neglected, or sexually abused; or
  7             (12) while less than 10 years of age commits the offense defined in
  8       K.S.A. 21-4204a and amendments thereto.
  9             (b) "Physical, mental or emotional abuse or neglect" means the in-
10       fliction of physical, mental or emotional injury or the causing of a dete-
11       rioration of a child and may include, but shall not be limited to, failing to
12       maintain reasonable care and treatment, negligent treatment or maltreat-
13       ment or exploiting a child to the extent that the child's health or emotional
14       well-being is endangered. A parent legitimately practicing religious beliefs
15       who does not provide specified medical treatment for a child because of
16       religious beliefs shall not for that reason be considered a negligent parent;
17       however, this exception shall not preclude a court from entering an order
18       pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.
19             (c) "Sexual abuse" means any act committed with a child which is
20       described in article 35, chapter 21 of the Kansas Statutes Annotated and
21       those acts described in K.S.A. 21-3602 or 21-3603, and amendments
22       thereto, regardless of the age of the child.
23             (d) "Parent," when used in relation to a child or children, includes a
24       guardian, conservator and every person who is by law liable to maintain,
25       care for or support the child.
26             (e) "Interested party" means the state, the petitioner, the child, any
27       parent and any person found to be an interested party pursuant to K.S.A.
28       38-1541 and amendments thereto.
29             (f) "Law enforcement officer" means any person who by virtue of
30       office or public employment is vested by law with a duty to maintain
31       public order or to make arrests for crimes, whether that duty extends to
32       all crimes or is limited to specific crimes.
33             (g) "Youth residential facility" means any home, foster home or struc-
34       ture which provides 24-hour-a-day care for children and which is licensed
35       pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.
36             (h) "Shelter facility" means any public or private facility or home
37       other than a juvenile detention facility that may be used in accordance
38       with this code for the purpose of providing either temporary placement
39       for the care of children in need of care prior to the issuance of a dispos-
40       itional order or longer term care under a dispositional order.
41             (i) "Juvenile detention facility" means any secure public or private
42       facility used for the lawful custody of accused or adjudicated juvenile
43       offenders which must not be a jail.


  1             (j) "Adult correction facility" means any public or private facility, se-
  2       cure or nonsecure, which is used for the lawful custody of accused or
  3       convicted adult criminal offenders.
  4             (k) "Secure facility" means a facility which is operated or structured
  5       so as to ensure that all entrances and exits from the facility are under the
  6       exclusive control of the staff of the facility, whether or not the person
  7       being detained has freedom of movement within the perimeters of the
  8       facility, or which relies on locked rooms and buildings, fences or physical
  9       restraint in order to control behavior of its residents. No secure facility
10       shall be in a city or county jail.
11             (l) "Ward of the court" means a child over whom the court has ac-
12       quired jurisdiction by the filing of a petition pursuant to this code and
13       who continues subject to that jurisdiction until the petition is dismissed
14       or the child is discharged as provided in K.S.A. 38-1503 and amendments
15       thereto.
16             (m) "Custody," whether temporary, protective or legal, means the
17       status created by court order or statute which vests in a custodian,
18       whether an individual or an agency, the right to physical possession of
19       the child and the right to determine placement of the child, subject to
20       restrictions placed by the court.
21             (n) "Placement" means the designation by the individual or agency
22       having custody of where and with whom the child will live.
23             (o) "Secretary" means the secretary of social and rehabilitation
24       services.
25             (p) "Relative" means a person related by blood, marriage or adoption
26       but, when referring to a relative of a child's parent, does not include the
27       child's other parent.
28             (q) "Court-appointed special advocate" means a responsible adult
29       other than an attorney guardian ad litem who is appointed by the court
30       to represent the best interests of a child, as provided in K.S.A. 38-1505a
31       and amendments thereto, in a proceeding pursuant to this code.
32             (r) "Multidisciplinary team" means a group of persons, appointed by
33       the court or by the state department of social and rehabilitation services
34       under K.S.A. 38-1523a and amendments thereto, which has knowledge
35       of the circumstances of a child in need of care.
36             (s) "Jail" means:
37             (1) An adult jail or lockup; or
38             (2) a facility in the same building or on the same grounds as an adult
39       jail or lockup, unless the facility meets all applicable standards and licen-
40       sure requirements under law and there is (A) total separation of the ju-
41       venile and adult facility spatial areas such that there could be no haphaz-
42       ard or accidental contact between juvenile and adult residents in the
43       respective facilities; (B) total separation in all juvenile and adult program


  1       activities within the facilities, including recreation, education, counseling,
  2       health care, dining, sleeping, and general living activities; and (C) separate
  3       juvenile and adult staff, including management, security staff and direct
  4       care staff such as recreational, educational and counseling.
  5             (t) "Kinship care" means the placement of a child in the home of the
  6       child's relative or in the home of another adult with whom the child or
  7       the child's parent already has a close emotional attachment.
  8             (u) "Juvenile intake and assessment worker" means a responsible
  9       adult authorized to perform intake and assessment services as part of the
10       intake and assessment system established pursuant to K.S.A. 75-7023, and
11       amendments thereto.
12             (v) "Abandon" means to forsake, desert or cease providing care for
13       the child without making appropriate provisions for substitute care.
14             (w) "Permanent guardianship" means a judicially created relationship
15       between child and caretaker which is intended to be permanent and self-
16       sustaining without ongoing state oversight or intervention. The perma-
17       nent guardian stands in loco parentis and exercises all the rights and
18       responsibilities of a parent. Upon appointment of a permanent guardian,
19       the child in need of care proceedings shall be dismissed discharged. A
20       permanent guardian may be appointed after termination of parental
21       rights.
22             (x) "Aggravated circumstances" means the abandonment, torture,
23       chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
24             (y) "Permanency hearing" means a notice and opportunity to be
25       heard is provided to interested parties, foster parents, preadoptive parents
26       or relatives providing care for the child. The court, after consideration of
27       the evidence, shall determine whether progress toward the case plan goal
28       is adequate or reintegration is a viable alternative, or if the case should
29       be referred to the county or district attorney for filing of a petition to
30       terminate parental rights or to appoint a permanent guardian.
31             (z) "Extended out of home placement" means a child has been in the
32       custody of the secretary and placed with neither parent for 15 of the most
33       recent 22 months beginning 60 days after the date at which a child in the
34       custody of the secretary was removed from the home.
35             (aa) "Educational institution" means all schools at the elementary and
36       secondary levels.
37             (bb) "Educator" means any administrator, teacher or other profes-
38       sional or paraprofessional employee of an educational institution who has
39       exposure to a pupil specified in subsection (a) of K.S.A. 1999 Supp. 72-
40       89b03 and amendments thereto. 
41       Sec.  2. K.S.A. 1999 Supp. 38-1502 and 38-1587 are hereby repealed.
42        Sec.  3. This act shall take effect and be in force from and after its
43       publication in the statute book.