23-1002. Same; when ordered; appointment of case manager; qualifications. - Kansas Statutes

23-1002

Chapter 23.--DOMESTIC RELATIONS Part 9.--MISCELLANEOUS PROVISIONS Article 10.--CASE MANAGEMENT

      23-1002.   Same; when ordered; appointment of casemanager;qualifications.(a) The court may order case management, when appropriate, of anycontested issue of child custody or parenting time atanytime, upon the motion ofa party or on the court's own motion. A hearing officer in a proceedingpursuant to K.S.A. 23-701, and amendments thereto, may order case management,if appropriate, of a contested issue of child visitation or parentingtimein such a proceeding.

      (b)   Cases in which case management is appropriate shall include one or moreof the following circumstances:

      (1)   Private or public neutral dispute resolution services have been triedand failed to resolve the disputes;

      (2)   other neutral services have been determined to be inappropriate for thefamily;

      (3)   repetitive conflict occurs within the family, asevidenced by the filing of at least two motions in asix-month period forenforcement, modification or change of residency,visitation, parenting time orcustody which are deniedby the court; or

      (4)   a parent exhibits diminished capacity to parent.

      (c)   If the court or hearing officer orders case management under subsection(a), the court or hearing officer shall appoint a case manager, taking intoconsideration the following:

      (1)   An agreement by the parties to have a specific case manager appointed bythe court or hearing officer;

      (2)   the financial circumstances of the parties and the costs assessed by thecase manager;

      (3)   the case manager's knowledge of (A) the Kansas judicial system and theprocedure used in domestic relations cases, (B) other resources in thecommunity towhich parties can be referred for assistance, (C) child development, (D)clinicalissues relating to children, (E) the effects of divorce on children and (F) thepsychology of families; and

      (4)   the case manager's training and experience in the process and techniquesof alternative dispute resolution and case management.

      (d)   To qualify as an appointed case manager, an individual shall:

      (1)   Be qualified to conduct mediation;

      (2)   have experience as a mediator;

      (3)   attend a workshop, approved by the district court in which the case isfiled, on case management; and

      (4)   participate in continuing education regarding management issues.

      History:   L. 1996, ch. 159, § 2;L. 2000, ch. 171, § 9; July 1.