38-2247. Attendance at proceedings; confidentiality. (a) Adjudication. Proceedings prior to and including adjudication under this code shall be open to attendance by any person unless the court determines that closed proceedings or the exclusion of that person would be in the best interests of the child or is necessary to protect the privacy rights of the parents.
(1) The court may not exclude the guardian ad litem, parties and interested parties.
(2) Members of the news media shall comply with supreme court rule 1001.
(b) Disposition. Proceedings pertaining to the disposition of a child adjudicated to be in need of care shall be closed to all persons except the parties, the guardian ad litem, interested parties and their attorneys, officers of the court, a court appointed special advocate and the custodian.
(1) Other persons may be permitted to attend with the consent of the parties or by order of the court, if the court determines that it would be in the best interests of the child or the conduct of the proceedings, subject to such limitations as the court determines to be appropriate.
(2) The court may exclude any person if the court determines that such person's exclusion would be in the best interests of the child or the conduct of the proceedings.
(c) Notwithstanding subsections (a) and (b) of this section, the court shall permit the attendance at the proceedings of up to two people designated by the parent of the child, both of whom have participated in a parent ally orientation program approved by the judicial administrator.
(1) Such parent ally orientation program shall include, but not be limited to, information concerning the confidentiality of the proceedings; the child and parent's right to counsel; the definitions and jurisdiction pursuant to the Kansas code for care of children; the types and purposes of the hearings; options for informal supervision and dispositions; placement options; the parents' obligation to financially support the child while the child is in the state's custody; obligations of the secretary for children and families; obligations of entities that contract with the Kansas department for children and families for family preservation, foster care and adoption; the termination of parental rights; the procedures for appeals; and the basic rules regarding court procedure.
(2) The court may remove the parent's ally or allies from a proceeding if such ally becomes disruptive in the present proceeding or has been found disruptive in a prior proceeding.
(d) Preservation of confidentiality. If information required to be kept confidential by K.S.A. 38-2209, and amendments thereto, is to be introduced into evidence and there are persons in attendance who are not authorized to receive the information, the court may exclude those persons during the presentation of the evidence or conduct an in camera inspection of the evidence.
History: L. 2006, ch. 200, § 42; L. 2008, ch. 169, § 9; L. 2014, ch. 115, § 63; 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.