38-141. Parents' rights to exercise primary control over the upbringing of their children; cause of action. (a) As used in this section:
(1) "Child" means a person under 18 years of age; and
(2) "parent" means and includes a natural parent, an adoptive parent, a stepparent or a guardian or conservator of a child who is liable by law to maintain, care for or support the child.
(b) It shall be the public policy of this state that parents shall retain the fundamental right to exercise primary control over the care and upbringing of their children in their charge. It is further the public policy of this state that children shall have the right to protection from abuse and neglect.
(c) Nothing in subsection (b) shall be interpreted to expand, diminish or in any way alter the scope of the rights of parents or children to the extent such rights exist as of the effective date of this act.
(d) Any parent may maintain a cause of action in state court or in any court of competent jurisdiction for claims arising under the principles established in subsection (b). Any person authorized by law to act on behalf of a child may maintain a cause of action in the name of such child in any court of competent jurisdiction for claims arising under the principles established in subsection (b).
History: L. 1996, ch. 229, ยง 159; July 1.
Structure Kansas Statutes
Article 1 - General Provisions
38-102 Minor bound by contracts, when.
38-103 Contracts that may not be disaffirmed.
38-104 Payment for personal services.
38-108 District court may confer rights of majority.
38-109 Petition for rights of majority; notice; hearing; decree.
38-110 Costs of proceedings under 38-108 to 38-110.
38-111 When minors may be excluded from courtroom during trials or hearings.
38-112 Children's homes; powers of corporations.
38-115 Same; donations and bequests; appropriations by cities or counties over 30,000.
38-116 Same; purchase and sale of property.
38-120 Recovery from parents for malicious or willful acts by certain children; limitations.
38-122 Consent by parent for surgery and other procedures on child.
38-123 Consent for medical care of unmarried pregnant minor.
38-123a Donation of blood by persons over 16; compensation.
38-123b Consent by minor 16 or over to hospital, medical or surgical treatment or procedures.
38-135 Definitions; immunization of minor children.
38-136 Immunization of minor children; written delegation of consent by parent.
38-137 Same; consent for immunization by person other than parent, when.
38-138 Health care provider to provide information to person consenting to immunization.
38-139 Health care provider has immunity if relying on consent.
38-140 Consent to immunize under 38-2217 or 38-2316 not affected.
38-142 Grandparents as caregivers act; citation.
38-144 Grandparents as caregivers program; administration.
38-145 Same; eligibility requirements.
38-146 Same; eligibility of persons other than grandparent.
38-148 Same; annual report to the legislature; rules and regulations.