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KS ST 38-2203
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K.S.A. 38-2203
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West's Kansas Statutes Annotated Currentness
Chapter 38. Minors
Article 22. Revised Kansas Code for Care of Children
38-2203.
Jurisdiction; age of child, presumptions
(a)
Proceedings concerning any child who may be a child in need of care
shall be governed by this code, except in those instances when the court
knows or has reason to know that an Indian child is involved in the
proceeding, in which case, the
Indian child welfare act of 1978 (25 U.S.C. § 1901 et seq.) applies. The
Indian child welfare
act may apply to: The filing to initiate a child in
need of care proceeding (K.S.A. 38-2234, and amendments thereto); ex
parte custody orders (K.S.A. 38-2242, and amendments thereto); temporary
custody hearing (K.S.A. 38-2243, and amendments thereto); adjudication
(K.S.A. 38-2247, and amendments thereto); burden
of proof (K.S.A. 38-2250, and amendments thereto); disposition (K.S.A.
38-2255, and amendments thereto); permanency hearings (K.S.A. 38-2264,
and amendments thereto); termination of parental rights (K.S.A. 38-2267,
38- 2268 and 38-2269, and amendments thereto);
establishment of permanent custodianship
(K.S.A. 38-2268 and 38-2272, and amendments thereto); the placement of a
child in any foster, preadoptive and adoptive home and the placement of
a child in a guardianship arrangement under chapter 59, article 30 of
the Kansas Statutes Annotated, and amendments
thereto.
(b)
Subject to the uniform child custody jurisdiction and enforcement act,
K.S.A. 38-1336 through 38-1377, and amendments thereto, the district
court shall have original jurisdiction of proceedings pursuant to this
code.
(c)
The court acquires jurisdiction over a child by the filing of a
petition pursuant to this code or upon issuance of an ex parte order
pursuant to K.S.A. 38-2242, and amendments thereto. When the court
acquires jurisdiction over a child in need of care, jurisdiction
may continue until the child has: (1) Become 18 years of age, or until
June 1 of the school year during which the child became 18 years of age
if the child is still attending high school unless there is no court
approved transition plan, in which event jurisdiction
may continue until a transition plan is approved by the court or until
the child reaches the age of 21; (2) been adopted; or (3) been
discharged
by the court. Any child
18 years of age or over may request, in writing to the court, that the
jurisdiction of the court cease. The court shall give notice of the
request to all parties and interested parties and 30 days after receipt
of the request, jurisdiction will cease.
(d)
When it is no longer appropriate for the court to exercise jurisdiction
over a child, the court, upon its own motion or the motion of a party
or interested party at a hearing or upon agreement of all parties or
interested parties, shall enter an order discharging
the child. Except upon request of the child pursuant to subsection (c),
the court shall not enter an order discharging a child until June 1 of
the school year during which the child becomes 18 years of age if the
child is in an out-of-home placement, is still
attending high school and has not completed the child's high school
education.
(e)
When a petition is filed under this code, a person who is alleged to be
under 18 years of age shall be presumed to be under that age for the
purposes of this code, unless the contrary is proved.
(f)
A court's order affecting a child's custody, residency, parenting time
and visitation that is issued in a proceeding pursuant to this code,
shall take precedence over such orders in a civil custody case, a
proceeding under article 31 of chapter 60 of the Kansas
Statutes Annotated, and amendments thereto (protection from abuse act),
or a comparable case in another jurisdiction, except as provided by
K.S.A. 38-1336 et seq., and amendments thereto (uniform child custody
jurisdiction and enforcement act).
CREDIT(S)
Laws 2006, ch. 200, § 3; Laws
2008, ch. 169, § 2, eff. July 1,
2008; Laws
2009, ch. 99, § 2, eff. July 1,
2009; Laws
2010, ch. 75, § 6, eff. July 1, 2010.
Laws
2008, ch. 169, § 2, in subsec. (a), in the first sentence, inserted
"the court knows or has reason to know that an Indian child is involved
in the proceeding, in which
case,".
Laws
2009, ch. 99, § 2, in subsec. (c),
in the first sentence, substituted "Become 18 years of age, or until
June 1 of the school year during which the child became 18 years of age
if the child is still attending high school unless there is no court
approved transition plan, in which event jurisdiction
may continue until a transition plan is approved by the court or until
the child reaches the age of 21" for "Attained the age of 21 years".
Laws 2010, ch. 75, § 6, added subsec. (f).
Prior Laws:
38-1503.
38-1515.
K. S. A. 38-2203, KS ST 38-2203
Current
through 2010 regular
session