KANSAS STATUTES AND CODES

38-2267. Procedure upon receipt of request.

38-2267

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

38-2267. Procedure upon receipt of request.(a) Uponreceiving a petition or motionrequesting termination of parental rights or appointment of permanentcustodian, the court shall setthe time and place for the hearing, which shall be held within 90 days. Acontinuance shall begranted only if the court finds it is in the best interests of the child. Uponmotion of a party, the chiefjudge shall reassign a petition or motion requesting termination of parentalrights from a districtmagistrate judge to a district judge pursuant to subsection (e) of K.S.A.20-302b, andamendments thereto.

(b) (1) The court shall give notice of the hearing: (A) To the parties andinterested parties,as provided inK.S.A. 2009 Supp.38-2236 and 38-2237, and amendments thereto;(B) to all thechild's grandparents at theirlast known addresses or, if no grandparent is living or if no livinggrandparent's address is known,to the closest relative of each of the child's parents whose address is known;(C) in any case in which a parent of a child cannot be located by theexercise of due diligence,to the parents nearest relative who can be located,if any; and (D) to thefoster parents, preadoptive parents or relatives providing care.

(2) This noticeshall be given by return receipt deliverynot less than 10 business days before the hearing. Individualsreceiving notice pursuantto this subsection shall not be made a party or interested party to the actionsolely on the basis of thisnotice.

(3) The provisions of this subsection shall not require additionalservice to anyparty or interested party who could not belocated by the exercise of due diligence in the initial notice of the filing ofa petition for a child in need of care.

(c) At the beginning of the hearing the court shall determine that duediligence has been usedin determining the identity and location of the persons listed in subsection(b) and inaccomplishing service ofprocess.

(d) Prior to a hearing on a petition, a motion requesting termination ofparental rights or amotion for appointment of a permanent custodian, the court shall appoint anattorney to representany parent who fails to appear and may award a reasonable fee to the attorneyfor services. The fee may be assessed as an expense in the proceedings.

History: L. 2006, ch. 200, § 62; Jan. 1, 2007.