38-2241. Additional parties. (a) Jurisdiction of the court. Parties and interested parties in a child in need of care proceedings are subject to the jurisdiction of the court.
(b) Rights of parties. Subject to the authority of the court to rule on the admissibility of evidence and provide for the orderly conduct of the proceedings, the rights of parties to participate in a child in need of care proceeding include, but are not limited to:
(1) Notice in accordance with K.S.A. 38-2236 and 38-2239, and amendments thereto;
(2) present oral or written evidence and argument, to call and cross-examine witnesses; and
(3) representation by an attorney in accordance with K.S.A. 38-2205, and amendments thereto.
(c) Grandparents as interested parties. (1) A grandparent of the child shall be an interested party to a child in need of care proceeding.
(2) Grandparents shall have the participatory rights of parties pursuant to subsection (b), except that the court may restrict those rights if the court finds that it would be in the best interests of the child. A grandparent may not be prevented under this paragraph from attending the proceedings, having access to the child's official file in the court records or making a statement to the court.
(d) Persons with whom the child has been residing as interested parties. (1) Any person with whom the child has resided for a significant period of time within six months of the date the child in need of care petition is filed shall be made an interested party, if such person notifies the court of such person's desire to become an interested party. Notification may be made in writing, orally or by appearance at the initial or a subsequent hearing on the child in need of care petition.
(2) Persons with interested party status under this subsection shall have the participatory rights of parties pursuant to subsection (b), except that the court may restrict those rights if the court finds that it would be in the best interests of the child.
(e) Other interested parties. (1) Any person with whom the child has resided at any time, who is within the fourth degree of relationship to the child, or to whom the child has close emotional ties may, upon motion, be made an interested party if the court determines that it is in the best interests of the child.
(2) Any other person or Indian tribe seeking to intervene that is not a party may, upon motion, be made an interested party if the court determines that the person or tribe has a sufficient relationship with the child to warrant interested party status or that the person's or tribe's participation would be beneficial to the proceedings.
(3) The court may, upon its own motion, make any person an interested party if the court determines that interested party status would be in the best interests of the child.
(f) Procedure for determining, denying or terminating interested party status. (1) Upon the request of the court, the secretary shall investigate the advisability of granting interested party status under this section and report findings and recommendations to the court.
(2) The court may deny or terminate interested party status under this subsection if the court determines, after notice and a hearing, that a person does not qualify for interested party status or that there is good cause to deny or terminate interested party status.
(3) A person who is denied interested party status or whose status as an interested party has been terminated may petition for review of the denial or termination by the chief judge of the district in which the court having jurisdiction over the child in need of care proceeding is located, or a judge designated by the chief judge. The chief judge or the chief judge's designee shall review the denial or termination within 30 days of receiving the petition. The child in need of care proceeding shall not be stayed pending resolution of the petition for review.
History: L. 2006, ch. 200, § 36; L. 2008, ch. 169, § 6; L. 2011, ch. 60, § 3; July 1.
Structure Kansas Statutes
Article 22 - Revised Kansas Code For Care Of Children
38-2201 Citation; construction of code; policy of state.
38-2203 Jurisdiction; age of child, presumptions; precedence of certain orders.
38-2205 Right to counsel; guardian ad litem.
38-2206 Appointment of special advocate.
38-2207 Citizen review boards; members.
38-2208 Same; duties and powers.
38-2209 Confidentiality of child in need of care records; penalties; immunities.
38-2210 Parties exchanging information.
38-2211 Access to official and social file; preservation of records.
38-2214 Duties of county or district attorney.
38-2215 Docket fee; authorized only by legislative enactment; expenses; assessment.
38-2216 Expense of care and custody of child.
38-2218 Educational decisions; educational advocates for exceptional children.
38-2219 Evaluation of development or needs of child.
38-2221 Fingerprints and photographs.
38-2222 Public information and educational program; reporting of suspected abuse or neglect.
38-2227 Child advocacy centers.
38-2228 Multidisciplinary team.
38-2229 Investigation of abuse or neglect; subpoena; request to quash.
38-2230 Same; duties of the department for children and families.
38-2235 Procedure upon filing of petition.
38-2236 Summons; persons to be served; notice of hearing.
38-2239 Service of other pleadings.
38-2240 Subpoenas; witness fees.
38-2244 Order for informal supervision; restraining orders.
38-2247 Attendance at proceedings; confidentiality.
38-2248 Stipulations and no contest statements.
38-2253 Dispositional hearing; purpose; time.
38-2255 Authorized dispositions; prohibitions.
38-2257 Permanency planning at disposition.
38-2259 Emergency change of placement; removal from home of parent, findings of court.
38-2261 Reports made by foster parents.
38-2262 Placement; testimony of certain children.
38-2266 Request for termination of parental rights or appointment of permanent custodian.
38-2267 Procedure upon receipt of request.
38-2268 Voluntary relinquishment; voluntary permanent custodianship; consent to adoption.
38-2271 Presumption of unfitness, when; burden of proof.
38-2272 Appointment of permanent custodian.
38-2273 Appeals; procedure; verification; continuing jurisdiction.
38-2274 Temporary orders pending appeal; status of orders appealed from.
38-2276 Prohibiting detainment or placement of child in jail.
38-2277 Determination of child support.
38-2278 Journal entry for child support.
38-2280 Remedies supplemental not substitute.
38-2282 Newborn infant protection act.
38-2283 Application to existing cases.
38-2285 Awarding high school diplomas; requirements.
38-2286 Child removed from custody of parent, substantial consideration of grandparent.
38-2288 CINC placement in a juvenile detention facility.
38-2289 Child in custody, victim of certain conduct; reporting of information.
38-2291 Qualified residential treatment program placement; required notices; court determinations.