Session of 2000
                          By Representatives O'Connor, Aday, Compton, Dahl, Freeborn, Hutch-
                ins, Johnston, Larkin, Lightner, M. Long, P. Long, McClure, Mollen-
                kamp, Myers, Pauls, Powers, Ruff, Shultz, Spangler, Vining and Wilk

12             AN  ACT concerning termination of parental rights; relating to emer-
13             gency possession of abandoned children by an emergency medical
14             service or ambulance service; amending K.S.A. 1999 Supp. 38-1583
15             and repealing the existing section.
17       Be it enacted by the Legislature of the State of Kansas:
18             Section  1. K.S.A. 1999 Supp. 38-1583 is hereby amended to read as
19       follows: 38-1583. (a) When the child has been adjudicated to be a child
20       in need of care, the court may terminate parental rights when the court
21       finds by clear and convincing evidence that the parent is unfit by reason
22       of conduct or condition which renders the parent unable to care properly
23       for a child and the conduct or condition is unlikely to change in the
24       foreseeable future.
25             (b) In making a determination hereunder the court shall consider,
26       but is not limited to, the following, if applicable:
27             (1) Emotional illness, mental illness, mental deficiency or physical
28       disability of the parent, of such duration or nature as to render the parent
29       unlikely to care for the ongoing physical, mental and emotional needs of
30       the child;
31             (2) conduct toward a child of a physically, emotionally or sexually
32       cruel or abusive nature;
33             (3) excessive use of intoxicating liquors or narcotic or dangerous
34       drugs;
35             (4) physical, mental or emotional neglect of the child;
36             (5) conviction of a felony and imprisonment;
37             (6) unexplained injury or death of another child or stepchild of the
38       parent;
39             (7) reasonable efforts by appropriate public or private child caring
40       agencies have been unable to rehabilitate the family; and
41             (8) lack of effort on the part of the parent to adjust the parent's cir-
42       cumstances, conduct or conditions to meet the needs of the child.
43             (c) In addition to the foregoing, when a child is not in the physical
44       custody of a parent, the court, in proceedings concerning the termination


  1       of parental rights, shall also consider, but is not limited to the following:
  2             (1) Failure to assure care of the child in the parental home when able
  3       to do so;
  4             (2) failure to maintain regular visitation, contact or communication
  5       with the child or with the custodian of the child;
  6             (3) failure to carry out a reasonable plan approved by the court di-
  7       rected toward the integration of the child into the parental home; and
  8             (4) failure to pay a reasonable portion of the cost of substitute physical
  9       care and maintenance based on ability to pay.
10             In making the above determination, the court may disregard incidental
11       visitations, contacts, communications or contributions.
12             (d) The rights of the parents may be terminated as provided in this
13       section if the court finds that the parents have abandoned the child, vol-
14       untarily delivered the child 30 days old or younger to an emergency med-
15       ical service or ambulance service under article 61 of chapter 65 of the
16       Kansas Statutes Annotated, and amendments thereto, without expressing
17       an intent to return for the child, or the child was left under such circum-
18       stances that the identity of the parents is unknown and cannot be ascer-
19       tained, despite diligent searching, and the parents have not come forward
20       to claim the child within three months after the child is found. The vol-
21       untary delivery of a child to an emergency medical service or ambulance
22       service, without expressing an intent to return for the child, does not
23       constitute abandonment of a child 30 days old or younger under K.S.A.
24       21-3604, and amendments thereto, or aggravated abandonment of a child
25       under K.S.A. 21-3604a, and amendments thereto.
26             (e) The existence of any one of the above standing alone may, but
27       does not necessarily, establish grounds for termination of parental rights.
28       The determination shall be based on an evaluation of all factors which
29       are applicable. In considering any of the above factors for terminating the
30       rights of a parent, the court shall give primary consideration to the phys-
31       ical, mental or emotional condition and needs of the child. If presented
32       to the court and subject to the provisions of K.S.A. 60-419, and amend-
33       ments thereto, the court shall consider as evidence testimony from a
34       person licensed to practice medicine and surgery, a licensed psychologist
35       or a licensed social worker expressing an opinion relating to the physical,
36       mental or emotional condition and needs of the child. The court shall
37       consider any such testimony only if the licensed professional providing
38       such testimony is subject to cross-examination.
39             (f) A termination of parental rights under the Kansas code for care
40       of children shall not terminate the right of the child to inherit from or
41       through the parent. Upon such termination, all the rights of birth parents
42       to such child, including their right to inherit from or through such child,
43       shall cease.


  1             (g) If, after finding the parent unfit, the court determines a compel-
  2       ling reason why it is not in the best interests of the child to terminate
  3       parental rights or upon agreement of the parents, the court may award
  4       permanent guardianship to an individual providing care for the child, a
  5       relative or other person with whom the child has a close emotional at-
  6       tachment. Prior to awarding permanent guardianship, the court shall re-
  7       ceive and consider an assessment as provided in K.S.A. 59-2132 and
  8       amendments thereto of any potential permanent guardian. Upon appoint-
  9       ment of a permanent guardian, the court shall enter an order discharging
10       the child from the court's jurisdiction.
11             (h) If a parent is convicted of an offense as provided in subsection
12       (7) of K.S.A. 38-1585 and amendments thereto or is adjudicated a juvenile
13       offender because of an act which if committed by an adult would be an
14       offense as provided in subsection (7) of K.S.A. 38-1585 and amendments
15       thereto, and if the victim was the other parent of a child, the court may
16       disregard such convicted or adjudicated parent's opinions or wishes in
17       regard to the placement of such child.
18             New Sec.  2. (a) An emergency medical service or ambulance service
19       under article 61 of chapter 65 of the Kansas Statutes Annotated, and
20       amendments thereto, without a court order, shall take possession of a
21       child who is 30 days old or younger if the child is voluntarily delivered to
22       the emergency medical service or ambulance service by the child's parent
23       and the parent did not express an intent to return for the child.
24             (b) An emergency medical service or ambulance service which takes
25       possession of a child under this section shall perform any act necessary
26       to protect the physical health or safety of the child.
27             (c) Not later than the close of the first business day after the date on
28       which an emergency medical service or ambulance service takes posses-
29       sion of a child, the service shall notify the department of social and re-
30       habilitation services that the service has taken possession of the child.
31             (d) The department of social and rehabilitation services shall assume
32       the care, control and custody of the child immediately on receipt of notice
33       under subsection (c). A child for whom the department of social and
34       rehabilitation services assumes care, control and custody shall be treated
35       as a child taken into possession without a court order, and the department
36       shall take action as required by article 15 of chapter 38 of the Kansas
37       Statutes Annotated, and amendments thereto, with regard to the child. 
38       Sec.  3. K.S.A. 1999 Supp. 38-1583 is hereby repealed.
39        Sec.  4. This act shall take effect and be in force from and after its
40       publication in the statute book.