Kansas Statutes
Article 22 - Revised Kansas Code For Care Of Children
38-2268 Voluntary relinquishment; voluntary permanent custodianship; consent to adoption.

38-2268. Voluntary relinquishment; voluntary permanent custodianship; consent to adoption. (a) Prior to a hearing to consider the termination of parental rights, if the child's permanency plan is either adoption or appointment of a custodian, with the approval of the guardian ad litem and acceptance and approval of the secretary, either or both parents may: Relinquish parental rights to the child to the secretary; consent to an adoption; or consent to appointment of a permanent custodian.
(b) Relinquishment of child to secretary. (1) Any parent or parents may relinquish a child to the secretary, and if the secretary accepts the relinquishment in writing, the secretary shall stand in loco parentis to the child and shall have and possess over the child all rights of a parent, including the power to place the child for adoption and give consent thereto.
(2) All relinquishments to the secretary shall be in writing, in substantial conformity with the form for relinquishment contained in the appendix of forms following K.S.A. 59-2143, and amendments thereto, and shall be executed by either parent of the child.
(3) The relinquishment shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If the relinquishment is acknowledged before a judge of a court of record, it shall be the duty of the court to advise the relinquishing parent of the consequences of the relinquishment.
(4) Except as otherwise provided, in all cases where a parent has relinquished a child to the agency pursuant to K.S.A. 59-2111 through 59-2143, and amendments thereto, all the rights of the parent shall be terminated, including the right to receive notice in a subsequent adoption proceeding involving the child. Upon such relinquishment, all the rights of the parents to such child, including such parent's right to inherit from or through such child, shall cease.
(5) If a parent has relinquished a child to the secretary based on a belief that the child's other parent would relinquish the child to the secretary or would be found unfit, and this does not occur, the rights of the parent who has relinquished a child to the secretary shall not be terminated.
(6) A parent's relinquishment of a child shall not terminate the right of the child to inherit from or through the parent.
(c) Permanent custody. (1) A parent may consent to appointment of an individual as permanent custodian and if the individual accepts the consent, such individual shall stand in loco parentis to the child and shall have and possess over the child all the rights of a legal guardian.
(2) All consents to appointment of a permanent custodian shall be in writing and shall be executed by either parent of the child.
(3) The consent shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If the consent is acknowledged before a judge of a court of record, it shall be the duty of the court to advise the consenting parent of the consequences of the consent.
(4) If a parent has consented to appointment of a permanent custodian based upon a belief that the child's other parent would so consent or would be found unfit, and this does not occur, the consent shall be null and void.
(d) Adoption. If the child is in the custody of the secretary and the parental rights of both parents have been terminated or the parental rights of one parent have been terminated or that parent has relinquished parental rights to the secretary, the child may be adopted by persons approved by the secretary and the court. If the child is no longer in the custody of the secretary, the court may approve adoption of the child by persons who: (1) Both parents consent to adopt; or (2) one parent consents to adopt, if the parental rights of the other parent have been terminated. The consent shall follow the form contained in the appendix of forms following K.S.A. 59-2143, and amendments thereto.
History: L. 2006, ch. 200, § 63; L. 2008, ch. 169, § 18; L. 2014, ch. 126, § 5; L. 2018, ch. 107, § 12; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 38 - Minors

Article 22 - Revised Kansas Code For Care Of Children

38-2201 Citation; construction of code; policy of state.

38-2202 Definitions.

38-2203 Jurisdiction; age of child, presumptions; precedence of certain orders.

38-2204 Venue.

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.

38-2212 Appropriate and necessary access; exchange of information; court ordered disclosure; limited public information.

38-2213 Records of law enforcement agencies; limited disclosure; exchange of information; access; court ordered disclosure.

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.

38-2217 Health services.

38-2218 Educational decisions; educational advocates for exceptional children.

38-2219 Evaluation of development or needs of child.

38-2220 Parentage.

38-2221 Fingerprints and photographs.

38-2222 Public information and educational program; reporting of suspected abuse or neglect.

38-2223 Reporting of certain abuse or neglect of children; persons reporting; reports, made to whom; penalties; immunity from liability.

38-2224 Same; employer prohibited from imposing sanctions on employee making report or cooperating in investigation; penalty.

38-2225 Same; reporting of certain abuse or neglect of children in institutions operated by the secretary; rules and regulations.

38-2226 Same; investigation of reports; coordination and cooperation between agencies; visual observation requirements.

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.

38-2231 Child under 18, when law enforcement officers or court services officers may take into custody; sheltering a runaway.

38-2232 Child under 18 taken into custody; duties of officers; referral of cases for proceedings under this code and interstate compact on juveniles; placed in shelter facility or with other person; application of law enforcement officer; release of...

38-2233 Filing of petition on referral by the department for children and families or other person; filing by individual.

38-2234 Pleadings.

38-2235 Procedure upon filing of petition.

38-2236 Summons; persons to be served; notice of hearing.

38-2237 Service of process.

38-2238 Proof of service.

38-2239 Service of other pleadings.

38-2240 Subpoenas; witness fees.

38-2241 Additional parties.

38-2242 Ex parte orders of protective custody; application; determination of probable cause; period of time; placement; procedures; orders for removal of child from custody of parent, limitations.

38-2243 Orders of temporary custody; notice; hearing; procedure; findings; placement; orders for removal of child from custody of parent, limitations.

38-2244 Order for informal supervision; restraining orders.

38-2245 Discovery.

38-2246 Continuances.

38-2247 Attendance at proceedings; confidentiality.

38-2248 Stipulations and no contest statements.

38-2249 Rules of evidence.

38-2250 Degree of proof.

38-2251 Adjudication.

38-2252 Predispositional alternative; placement with person other than child's parent; conference; recommendations; immunity.

38-2253 Dispositional hearing; purpose; time.

38-2254 Same; notice.

38-2255 Authorized dispositions; prohibitions.

38-2256 Rehearing.

38-2257 Permanency planning at disposition.

38-2258 Change of placement; notice; opportunity for hearing; removal from home of parent, findings by court.

38-2259 Emergency change of placement; removal from home of parent, findings of court.

38-2260 Placement; order directing child to remain in present or future placement, application for determination that child has violated order; procedure; authorized dispositions; limitations on facilities used for placement; computation of time limi...

38-2261 Reports made by foster parents.

38-2262 Placement; testimony of certain children.

38-2263 Permanency planning.

38-2264 Permanency hearing; purpose; procedure and requirements; time for hearing; authorized orders.

38-2265 Same; notice.

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.

38-2269 Factors to be considered in termination of parental rights; appointment of permanent custodian.

38-2270 Custody for 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.

38-2275 Fees and expenses.

38-2276 Prohibiting detainment or placement of child in jail.

38-2277 Determination of child support.

38-2278 Journal entry for child support.

38-2279 Withholding order for child support; filing; service; jurisdiction; consolidation with child in need of care case; modification.

38-2280 Remedies supplemental not substitute.

38-2281 Family services and community intervention fund; child in need of care, purpose of expenditure of moneys.

38-2282 Newborn infant protection act.

38-2283 Application to existing cases.

38-2284 Precedence of certain orders issued under revised Kansas code for care of children and revised Kansas juvenile justice code.

38-2285 Awarding high school diplomas; requirements.

38-2286 Child removed from custody of parent, substantial consideration of grandparent.

38-2287 Child in custody, victim of certain conduct; special assessment to determine safety, placement and treatment needs.

38-2288 CINC placement in a juvenile detention facility.

38-2289 Child in custody, victim of certain conduct; reporting of information.

38-2290 Child with sexual behavior problems; referral to mental health provider; additional services.

38-2291 Qualified residential treatment program placement; required notices; court determinations.