Session of 1999
SENATE BILL No. 370
By SRS Transition Oversight Committee
10 AN ACT
concerning children; relating to guardians ad litem;
11 K.S.A. 1999 Supp.
38-1505 and repealing the existing section.
13 Be it enacted by the Legislature of the
State of Kansas:
1. K.S.A. 1999 Supp. 38-1505 is hereby amended to read as
15 follows: 38-1505. (a) (1)
Appointment of guardian ad litem; duties. Except
16 as provided in subsection (2), upon
the filing of a petition the court shall
17 appoint a person who is an attorney to
serve as guardian ad litem for a
18 child who is the subject of proceedings
under this code. The guardian ad
19 litem shall make an independent
investigation of the facts upon which the
20 petition is based and shall appear for and
represent the child.
21 (2) The court,
in the court's discretion, may appoint a guardian ad
22 litem for any child who is not attending
school as required by K.S.A. 72-
23 977 or 72-1111, and amendments thereto.
No other provision of the Kan-
24 sas code for the care of children shall
be construed to require the court
25 to appoint a guardianad litem
for any child who is not attending school
26 as required by K.S.A. 72-977 or 72-1111,
and amendments thereto.
27 (b) Attorney
for parent or custodian. A parent or custodian of a child
28 alleged or adjudged to be a child in need
of care may be represented by
29 an attorney, other than the guardian ad
litem appointed for the child, in
30 connection with all proceedings under this
code. If at any stage of the
31 proceedings a parent desires but is
financially unable to employ an attor-
32 ney, the court shall appoint an attorney
for the parent. It shall not be
33 necessary to appoint an attorney to
represent a parent who fails or refuses
34 to attend the hearing after having been
properly served with process in
35 accordance with K.S.A. 38-1534 and
amendments thereto. A parent or
36 custodian who is not a minor, a mentally
ill person as defined in K.S.A.
37 1999 Supp. 59-2946 and amendments thereto
or a disabled person as
38 defined in K.S.A. 59-3002 and amendments
thereto may waive counsel
39 either in writing or on the record.
40 (c) Attorney
for parent who is a minor, mentally ill or disabled.
41 court shall appoint an attorney for a
parent who is a minor, a mentally ill
42 person as defined in K.S.A. 59-2902 and
amendments thereto or a disa-
43 bled person as defined in K.S.A. 59-3002
and amendments thereto, unless
1 the court determines that there is an
attorney retained who will appear
2 and represent the interests of the
person in the proceedings under this
(d) Continuation of representation. A guardian ad
litem appointed for
5 a child or an attorney appointed for
a parent or custodian shall continue
6 to represent the client at all
subsequent hearings in proceedings under
7 this code, including any appellate
proceedings, unless relieved by the
8 court upon a showing of good cause or
upon transfer of venue.
9 (e) Fees
for counsel. A guardian ad litem or attorney appointed
10 parties to proceedings under this section
shall be allowed a reasonable
11 fee for their services, which may be
assessed as an expense in the pro-
12 ceedings as provided in K.S.A. 38-1511 and
13 Sec. 2. K.S.A. 1999 Supp.
38-1505 is hereby repealed.
14 Sec. 3. This act shall
take effect and be in force from and after its
15 publication in the statute book.