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

38-2201

Chapter 38.--MINORS Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2201.   Citation; construction of code; policy ofstate.K.S.A. 2009 Supp.38-2201 through 38-2283, and amendments thereto, shall beknown as and may be cited as the revised Kansascode for care of children.

      (a)   Proceedings pursuant to this code shall be civil in nature and allproceedings, orders, judgments and decrees shall be deemed to be pursuant tothe parental power of the state.

      (b)   The code shall be liberally construed to carry out the policies of thestate which are to:

      (1)   Consider the safety and welfare of a child to be paramount in allproceedings under the code;

      (2)   provide that each child who comes within the provisions of the codeshall receive thecare, custody, guidance control and discipline that will best serve the child'swelfare and theinterests of the state, preferably in the child's home and recognizing that thechild's relationshipwith such child's family is important to the child's well being;

      (3)   make the ongoing physical, mental and emotional needs of the childdecisiveconsiderations in proceedings under this code;

      (4)   acknowledge that the time perception of a child differs from that of anadult and todispose of all proceedings under this code without unnecessary delay;

      (5)   encourage the reporting of suspected child abuse and neglect;

      (6)   investigate reports of suspected child abuse and neglect thoroughly andpromptly;

      (7)   provide for the protection of children who have been subject to physical,mental oremotional abuse or neglect or sexual abuse;

      (8)   provide preventative and rehabilitative services, when appropriate, toabused andneglected children and their families so, if possible, the families can remaintogether withoutfurther threat to the children;

      (9)   provide stability in the life of a child who must be removed from thehome of a parent;and

      (10)   place children in permanent family settings, in absence of compellingreasons to thecontrary.

      (c)   Nothing in this code shall be construed to permit discrimination on thebasis of disability.

      (1)   The disability of a parent shall not constitute a basis for adetermination that a child is a child in need of care, for the removal ofcustody of a child from the parent, or for the termination of parental rightswithout a specific showing that there is a causal relation between thedisability and harm to the child.

      (2)   In cases involving a parent with a disability, determinations made underthis code shall consider the availability and use of accommodations for thedisability, including adaptive equipment and support services.

      History:   L. 2006, ch. 200, § 1; Jan. 1, 2007.