STATE STATUTES & CODES
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KANSAS STATUTES AND CODES
38-2259. Emergency change of placement; removal from home of parent, findings of court.
38-2259
38-2259. Emergency change of placement; removal fromhome of parent, findings of court.(a) When an emergency exists requiring immediate action toassurethe safety and protectionof the child or the secretary is notified that the foster parents or shelterfacility refuse to allow thechild to remain, the secretary may transfer the child to another foster home orshelter facility withoutprior court approval. The secretary shall notify the court of the action atthe earliest practical time. When the child is removed from the home of aparent after having been placed inthe homefor a period of six months or longer, the secretary shall present to the courtin writing the specificnature of the emergency and reasons why it is contrary to the welfare of thechild to remain in theplacement and request a finding by the court whether remaining in the home iscontrary to thewelfare of the child. If the court enters an order the court shall make afinding as to whether anemergency exists. The court shall provide the secretary with a copy of theorder. In making thefinding, the court may rely on documentation submitted by the secretary or mayset the date for ahearing on the matter. If the secretary requests such a finding, the courtshall provide the secretarywith a written copy of the finding by the court not more than 45 days from thedate of the request.
(b) The court shall not enter an order approving theremoval of a child from the home of aparent pursuant to this section unless the court first finds probable causethat: (1)(A) The child is likely to sustain harm if not immediately removedfrom the home;
(B) allowing the child to remain in home is contrary to the welfare of thechild; or
(C) immediate placement of the child is in the best interest of the child;and
(2) reasonable efforts have been made to maintain the family unit and preventthe unnecessary removal of the child from the child's home or that an emergencyexists which threatens the safety to the child.
History: L. 2006, ch. 200, § 54;L. 2008, ch. 169, § 14; July 1.