Session of 1998
                   
HOUSE BILL No. 2984
         
By Committee on Appropriations
         
2-20
            9             AN ACT concerning domestic case management; amending K.S.A. 1997
10             Supp. 23-1001, 23-1002 and 23-1003 and repealing the existing
11             sections.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 23-1001 is hereby amended to read as
15       follows: 23-1001. Domestic case management under this act K.S.A. 1997
16       Supp. 23-1001 through 23-1003 and amendments thereto, is the process
17       by which a neutral domestic case manager appointed by the court, or by
18       a hearing officer in a proceeding pursuant to K.S.A. 23-701, and amend-
19       ments thereto, or through agreement by the parties, assists the parties by
20       providing a procedure, other than mediation, which facilitates negotiation
21       of a plan for child custody or chronic visitation and access disputes. In
22       the event that the parties are unable to reach an agreement, the domestic
23       case manager shall make recommendations to the court. after attempting
24       to receive the input of both parties and considering other factors.
25           Sec. 2. K.S.A. 1997 Supp. 23-1002 is hereby amended to read as
26       follows: 23-1002. (a) The court may order domestic case management,
27       when appropriate pursuant to this section, of any contested issue of child
28       custody or visitation at any time, upon the motion of a party or on the
29       court's own motion. A hearing officer in a proceeding pursuant to K.S.A.
30       23-701, and amendments thereto, may order case management, if appro-
31       priate, of a contested issue of child visitation in such a proceeding.
32           (b) In addition to issues regarding child custody and visitation, the
33       domestic case manager may review child related financial issues, includ-
34       ing child support, by consent of the parties or attorneys of record for the
35       parties. The domestic case manager, upon review of the financial circum-
36       stances of the case, may provide a recommendation to the court and the
37       parties regarding settlement of the financial issues.
38           (c) Cases in which domestic case management is appropriate shall
39       include one or more of the following circumstances:
40           (1) Private or public neutral dispute resolution services have been
41       tried and failed to resolve the disputes;
42           (2) other neutral services have been determined to be inappropriate
43       for the family;

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  1           (3) repetitive conflict occurs within the family, as evidenced by the
  2       parties filing at least two motions in a six-month period for enforcement,
  3       modification or change of visitation or custody which are denied by the
  4       court repetitive court actions; or
  5           (4) a parent exhibits diminished capacity to parent.
  6           (c) (d) If the court or hearing officer orders domestic case manage-
  7       ment under subsection (a), the court or hearing officer shall appoint a
  8       domestic case manager, taking into consideration the following:
  9           (1) An agreement by the parties to have a specific domestic case man-
10       ager appointed by the court or hearing officer;
11           (2) the financial circumstances of the parties and the costs assessed
12       by the domestic case manager;
13           (3) the domestic case manager's knowledge of (A) the Kansas judicial
14       system and the procedure used in domestic relations cases, (B) other
15       resources in the community to which parties can be referred for assis-
16       tance, (C) child development, (D) clinical issues relating to children, (E)
17       the effects of divorce on children and (F) the psychology of families; and
18           (4) the domestic case manager's training and experience in the pro-
19       cess and techniques of alternative dispute resolution and domestic case
20       management.
21           (d) (e) To qualify as an appointed domestic case manager, an individ-
22       ual shall:
23           (1) Be qualified to conduct mediation a mediator approved by the
24       Kansas supreme court or an attorney licensed to practice law in the state
25       of Kansas;
26           (2) have experience as a mediator or arbitrator;
27           (3) have experience in making recommendations to the court;
28           (4) attend a workshop, approved by the district court in which the
29       case is filed, on domestic case management; and
30           (4) (5) participate in continuing education regarding domestic case
31       management issues.; and
32           (6) otherwise be appointed by a district court judge.
33           Sec. 3. K.S.A. 1997 Supp. 23-1003 is hereby amended to read as
34       follows: 23-1003. (a) A domestic case manager appointed under K.S.A.
35       1997 Supp. 23-1002, and amendments thereto, shall:
36           (1) Meet with the parties, children and other individuals when
37       deemed appropriate;
38           (2) gather have information necessary made available to assist the
39       parties in reaching an agreement or making recommendations, including
40       medical, psychological, education and court records, including child cus-
41       tody investigations and child custody psychological evaluations, of the
42       parties and children;
43           (3) report to the court as directed by court order;

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  1           (4) keep a record by date and topic of all contacts with the parties in
  2       the case. When requested, this record shall be made available to the court
  3       in total or summary form without the express consent of the parties and
  4       shall not be considered a medical or psychological record for purposes of
  5       confidentiality;
  6           (5) notify the court when a party fails to meet the financial obligations
  7       of the case management process;
  8           (6) file for collection of costs as necessary. The court shall assist in
  9       such filing or collection efforts, or both and may grant judgments; and
10           (7) be authorized by the court to report threats, imminent danger,
11       suspected child abuse, fear of abduction and suspected or actual harm to
12       any party or child involved in domestic case management either directly
13       to the court and to other authorities, or both. Such action shall be followed
14       by a written summary within five business days of the initial filing of such
15       report which shall be sent to the judge or the judge's designee and in-
16       cluded in the court file; and.
17           (8) directly contact the court with any other information the case
18       manager determines that the court should know.
19           (b) A domestic case manager appointed under K.S.A. 1997 Supp. 23-
20       1002, and amendments thereto, may withdraw at any time following the
21       initial order. Sufficient reasons for withdrawal may include, but not be
22       limited to, the following:
23           (1) Loss of neutrality which prevents objectivity;
24           (2) nonpayment by a party;
25           (3) lack of cooperation by a party;
26           (4) threat to a party;
27           (5) retirement or case load reduction by a domestic case manager; or
28           (6) any other reason which shall be stated to the court in writing and
29       considered adequate and sufficient reason by the court.
30           (c) A disputant party may request reassignment of a domestic case
31       manager by filing a motion with the court. The court shall consider such
32       requests upon review. Repeated requests may raise a presumption of lack
33       of parental cooperation and the court may consider sanctions against the
34       uncooperative parent or parents.
35           (d) (1) If parties have been ordered by the court to attempt to settle
36       the party's disputes with the assistance of a domestic case manager, and
37       are unable to settle such disputes, the parties are to follow the recom-
38       mendation or recommendations of the domestic case manager as ordered
39       by the court.
40           (2) When a domestic case manager is forced to make makes recom-
41       mendations for the parties, such recommendations shall be noted in writ-
42       ing as soon as possible and may be accompanied by supporting informa-
43       tion. Such recommendation shall be reported to the court with copies to

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  1       the parties and the attorneys of record for each party within 10 working
  2       days and shall verify the date that such parties and attorneys were noti-
  3       fied.
  4           (3) Agreements of the parties and recommendations of the domestic
  5       case manager which may concern temporary arrangements need not be
  6       entered into the court record by the attorneys of record.
  7           (4) Domestic case managers shall be furnished a form for orders to
  8       recommend such agreements to the court for the court's final order pur-
  9       suant to local court rules and shall file the orders with the court upon
10       filing the recommendation. This order shall become a final order upon the
11       expiration of 10 days after filing unless a motion is filed by either party.
12           (5) Permanent issues such as designation of custody, primary resi-
13       dence or child support which are recommended by the case manager
14       shall be entered into the court record within 10 working days of receipt
15       of the recommendation. Should there be differing opinions as to the lan-
16       guage of the journal entry, the case manager shall review the proposed
17       journal entry and may recommend appropriate language to the court.
18           (6) (5) If a disputant party disagrees with a recommendation such
19       party may file a motion before the court for a review at which time an
20       order shall be made by the court. The case manager shall explain to the
21       court either by report or testimony the reasons for such recommendation
22       or recommendations. or the language of an order, such party must file a
23       motion within 10 days of the date of mailing of any recommendation or
24       within 10 days of the filing of any order. Such recommendation or order
25       shall thereafter be reviewed by the court at which time an order shall be
26       made by the court. The domestic case manager shall explain to the court
27       either by report or testimony on issues regarding visitation, access or
28       child-related financial matters the reasons for such recommendation or
29       recommendations. Any party objecting to a recommendation regarding
30       custody or primary residence shall be entitled to an evidentiary hearing
31       and the domestic case manager may be required to testify and be subject
32       to cross-examination. In the event either party files a motion, neither party
33       shall be required to follow a recommendation by a case manager until the
34       matter is heard by the court.
35           (6) A case manager may seek emergency relief pursuant to K.S.A. 60-
36       3105 and amendments thereto by filing a verified petition as required
37       therein.
38           (7) Costs of the procedure and professional time may be assessed to
39       the party who objected to the recommendations in the journal entry or
40       may be otherwise assessed by the court. Domestic case manager fees in
41       excess of the party's prior and established level of obligation generally
42       shall not be assessed to a party objecting to the domestic case manager's
43       recommendations regarding child custody issues unless the court specif-

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  1       ically finds that the objections of the party were frivolous and without
  2       merit.
  3           (e) The domestic case management procedures are subject to modi-
  4       fication by local court rule.
  5           Sec. 4. K.S.A. 1997 Supp. 23-1001, 23-1002 and 23-1003 are hereby
  6       repealed.
  7           Sec. 5. This act shall take effect and be in force from and after its
  8       publication in the statute book.
  9      
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