Session of 1998
                   
SENATE BILL No. 629
         
By Committee on Judiciary
         
2-11
            9             AN ACT concerning children; relating to joint shared child custody and
10             parenting time; concerning child support; relating to falsely reporting
11             a crime; amending K.S.A. 20-164, 21-3422, 21-3422a, 21-3818, 23-601,
12             23-602, 23-701, 38-1302, 38-1309, 38-1310, 38-1597, 60-1607, 60-
13             1612, 60-1614, 60-1617 and 75-720 and K.S.A. 1997 Supp. 5-509,
14             20-302b, 23-9,305, 23-1001, 23-1002, 38-1121, 38-1138, 38-1563,
15             38-1569, 38-1583, 38-1641, 38-1664, 38-16,119, 60-1610, 60-1616, 60-
16             1621, 60-3107 and 74-7334 and repealing the existing sections; also
17             repealing K.S.A. 1997 Supp. 20-302c.
18            
19           WHEREAS, The legislature finds it is in the best interest of a minor
20       child to maintain, to the greatest extent possible, the ongoing involvement
21       of both parents in the life of the minor child. The legislature further finds
22       that parents should maintain continued communications to make as many
23       joint decisions in performing such parenting functions as are necessary
24       for the care and healthy development of the minor child; and
25           WHEREAS, In any proceeding between parents under K.S.A. 60-
26       1610 involving a minor child, the best interests of the minor child shall
27       be the standard by which the court adjudicates and establishes the indi-
28       vidual parental responsibilities. The state presumes the critical impor-
29       tance of the parent-child relationship and the child-parent relationship in
30       the welfare and development of the minor child and that the relationship
31       between the minor child and both parents should be fostered unless oth-
32       erwise inconsistent with the best interests of the minor child. The best
33       interests of the minor child are served by a parenting arrangement which
34       best serves a minor child's emotional growth, health, stability and physical
35       care; and
36           WHEREAS, The legislature further finds that the best interests of the
37       minor child are ordinarily addressed when both parents remain active and
38       involved in parenting. It is the policy of this state to assure the right of
39       children, when it is in their best interests, to frequent and continuing
40       contact with parents who have shown the ability to act in the best interest
41       of the children and to encourage parents to share in the rights and re-
42       sponsibilities of raising their children after divorce or separation.
43       Be it enacted by the Legislature of the State of Kansas:

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  1           New Section 1. It shall be unlawful for any parent to violate the court
  2       ordered joint shared custody provision. Upon the first violation, the court
  3       shall order the offending parent to complete a parenting class that ad-
  4       dresses joint shared custody issues within 90 days. Proof of attendance at
  5       such class shall be filed with the court. The offending parent shall pay
  6       any fee associated with attending such class. Upon a second or subsequent
  7       violation of the court ordered joint shared custody provisions, the offend-
  8       ing parent shall be ordered to perform community service in the number
  9       of hours that such offending parent denied the other parent joint shared
10       custody. The parent denied joint shared custody shall be entitled to make-
11       up time for those denied hours of joint shared custody.
12           Sec. 2. K.S.A. 1997 Supp. 5-509 is hereby amended to read as fol-
13       lows: 5-509. (a) The following types of cases may be accepted for dispute
14       resolution by an approved program or individual:
15           (1) Civil claims and disputes, including, but not limited to, consumer
16       and commercial complaints, disputes involving allegations of shoplifting,
17       disputes between neighbors, disputes between business associates, dis-
18       putes between landlords and tenants, disputes involving matters under
19       the small claims procedure act, farmer-lender disputes, and disputes
20       within communities;
21           (2) disputes concerning child custody and   visitation rights parenting
22       time and other areas of domestic relations;
23           (3) juvenile offenses and disputes involving juveniles;
24           (4) disputes between victims and offenders, in which the victims vol-
25       untarily agree to participate in mediation;
26           (5) disputes involving allegations of unlawful discrimination under
27       state or federal laws;
28           (6) disputes referred by county attorneys or district attorneys;
29           (7) disputes involving employer and employee relations under K.S.A.
30       72-5413 through 72-5432, and amendments thereto, or K.S.A. 75-4321
31       through 75-4337, and amendments thereto; and
32           (8) disputes referred by a court, an attorney, a law enforcement of-
33       ficer, a social service agency, a school or any other interested person or
34       agency, including the request of the parties involved.
35           (b) A case may be referred prior to the commencement of formal
36       judicial proceedings or may be referred as a pending court case. If a court
37       refers a case, information shall be provided to the court as to whether an
38       agreement was reached and, if available, a copy of the signed agreement
39       shall be provided to the court.
40           (c) Before the dispute resolution process begins, the neutral person
41       conducting the process shall provide the parties with a written statement
42       setting forth the procedures to be followed.
43           Sec. 3. K.S.A. 20-164 is hereby amended to read as follows: 20-164.

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  1       (a) The supreme court shall establish by rule an expedited judicial process
  2       which shall be used in the establishment, modification and enforcement
  3       of orders of support pursuant to the Kansas parentage act; K.S.A. 23-451
  4       et seq., 39-718a, 39-755, 60-1610, and amendments thereto, or K.S.A. 39-
  5       718b, and amendments thereto; K.S.A. 38-1542, 38-1543 or 38-1563, and
  6       amendments thereto; or K.S.A. 23-4,105 through 23-4,118 and amend-
  7       ments thereto; or K.S.A. 23-4,125 through 23-4,137, and amendments
  8       thereto.
  9           (b) The supreme court shall establish by rule an expedited judicial
10       process for the enforcement of court orders granting a parent   visitation
11       rights to parenting time with the parent's child.
12           Sec. 4. K.S.A. 1997 Supp. 20-302b is hereby amended to read as
13       follows: 20-302b. (a) A district magistrate judge shall have the jurisdiction,
14       power and duty, in any case in which a violation of the laws of the state
15       is charged, to conduct the trial of traffic infractions, cigarette or tobacco
16       infractions or misdemeanor charges and the preliminary examination of
17       felony charges. In civil cases, a district magistrate judge shall have con-
18       current jurisdiction, powers and duties with a district judge, except that,
19       unless otherwise specifically provided in subsection (b), a district magis-
20       trate judge shall not have jurisdiction or cognizance over the following
21       actions:
22           (1) Any action, other than an action seeking judgment for an unse-
23       cured debt not sounding in tort and arising out of a contract for the
24       provision of goods, services or money, in which the amount in contro-
25       versy, exclusive of interests and costs, exceeds $10,000, except that in
26       actions of replevin, the affidavit in replevin or the verified petition fixing
27       the value of the property shall govern the jurisdiction; nothing in this
28       paragraph shall be construed as limiting the power of a district magistrate
29       judge to hear any action pursuant to the Kansas probate code or to issue
30       support orders as provided by paragraph (6) of this subsection;
31           (2) actions against any officers of the state, or any subdivisions
32       thereof, for misconduct in office;
33           (3) actions for specific performance of contracts for real estate;
34           (4) actions in which title to real estate is sought to be recovered or
35       in which an interest in real estate, either legal or equitable, is sought to
36       be established, except that nothing in this paragraph shall be construed
37       as limiting the right to bring an action for forcible detainer as provided
38       in the acts contained in article 23 of chapter 61 of the Kansas Statutes
39       Annotated, and any acts amendatory thereof or supplemental thereto; and
40       nothing in this paragraph shall be construed as limiting the power of a
41       district magistrate judge to hear any action pursuant to the Kansas probate
42       code;
43           (5) actions to foreclose real estate mortgages or to establish and fore-

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  1       close liens on real estate as provided in the acts contained in article 11 of
  2       chapter 60 of the Kansas Statutes Annotated, and any acts amendatory
  3       thereof or supplemental thereto;
  4           (6) actions for divorce, separate maintenance or custody of minor
  5       children, except that nothing in this paragraph shall be construed as lim-
  6       iting the power of a district magistrate judge to: (A) Hear any action
  7       pursuant to the Kansas code for care of children or the Kansas juvenile
  8         offenders justice code; (B) establish, modify or enforce orders of support,
  9       including, but not limited to, orders of support pursuant to the Kansas
10       parentage act, K.S.A. 23-451 et seq., 39-718a, 39-718b, 39-755 or 60-1610
11       or K.S.A. 23-4,105 through 23-4,118, 23-4,125 through 23-4,137, 38-
12       1542, 38-1543 or 38-1563, and amendments thereto; or (C) enforce or-
13       ders granting a parent   visitation rights to parenting time with the parent's
14       child;
15           (7) habeas corpus;
16           (8) receiverships;
17           (9) change of name;
18           (10) declaratory judgments;
19           (11) mandamus and quo warranto;
20           (12) injunctions;
21           (13) class actions;
22           (14) rights of majority;
23           (15) actions pursuant to the protection from abuse act; and
24           (16) actions pursuant to K.S.A. 59-29a01 et seq. and amendments
25       thereto.
26           (b) Notwithstanding the provisions of subsection (a), in the absence,
27       disability or disqualification of a district judge, a district magistrate judge
28       may:
29           (1) Grant a restraining order, as provided in K.S.A. 60-902 and
30       amendments thereto;
31           (2) appoint a receiver, as provided in K.S.A. 60-1301 and amend-
32       ments thereto;
33           (3) make any order authorized by K.S.A. 60-1607 and amendments
34       thereto; and
35           (4) grant any order authorized by the protection from abuse act.
36           (c) In accordance with the limitations and procedures prescribed by
37       law, and subject to any rules of the supreme court relating thereto, any
38       appeal permitted to be taken from an order or final decision of a district
39       magistrate judge shall be tried and determined de novo by a district judge,
40       except that in civil cases where a record was made of the action or pro-
41       ceeding before the district magistrate judge, the appeal shall be tried and
42       determined on the record by a district judge.
43           (d) Upon motion of a party, the administrative judge may reassign an

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  1       action from a district magistrate judge to a district judge.
  2           Sec. 5. K.S.A. 21-3422 is hereby amended to read as follows: 21-
  3       3422. (a) Interference with parental custody is leading, taking, carrying
  4       away, decoying or enticing away any child under the age of 16 years with
  5       the intent to detain or conceal such child from its parent, guardian, or
  6       other person having the lawful charge of such child.
  7           (b) It is not a defense to a prosecution under this section that the
  8       defendant is a parent entitled to joint shared custody of the child either
  9       on the basis of a court order or by virtue of the absence of a court order.
10           (c) (1) Interference with parental custody is a class A person mis-
11       demeanor if the perpetrator is a parent entitled to joint shared custody
12       of the child either on the basis of a court order or by virtue of the absence
13       of a court order.
14           (2) Interference with parental custody is a severity level 10, person
15       felony in all other cases.
16           Sec. 6. K.S.A. 21-3422a is hereby amended to read as follows: 21-
17       3422a. (a) Aggravated interference with parental custody is:
18           (1) Hiring someone to commit the crime of interference with paren-
19       tal custody, as defined by K.S.A. 21-3422 and amendments thereto; or
20           (2) the commission of interference with parental custody, as defined
21       by K.S.A. 21-3422 and amendments thereto, by a person who:
22           (A) Has previously been convicted of the crime;
23           (B) commits the crime for hire;
24           (C) takes the child outside the state without the consent of either the
25       person having custody or the court;
26           (D) after lawfully taking the child outside the state while exercising
27         visitation parenting time or custody rights, refuses to return the child at
28       the expiration of the rights;
29           (E) at the expiration of   visitation parenting time or custody rights
30       outside the state, refuses to return or impedes the return of the child; or
31           (F) detains or conceals the child in an unknown place, whether inside
32       or outside the state.
33           (b) Aggravated interference with parental custody is a severity level
34       7, person felony.
35           (c) This section shall be a part of and supplemental to the Kansas
36       criminal code.
37           Sec. 7. K.S.A. 21-3818 is hereby amended to read as follows: 21-
38       3818. (a) Falsely reporting a crime is informing a law enforcement officer
39       or state investigative agency that a crime has been committed, knowing
40       that such information is false and intending that the officer or agency
41       shall act in reliance upon such information.
42           (b) Falsely reporting a crime is a class A nonperson misdemeanor.
43           (c) Falsely reporting a crime when such crime is an alleged violation

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  1       of abuse of a child, K.S.A. 21-3609 and amendments thereto, interference
  2       with parental custody, K.S.A. 21-3422 and amendments thereto, or ag-
  3       gravated interference with parental custody, K.S.A. 21-3422a and amend-
  4       ments thereto, is a severity level 10, nonperson felony.
  5           (d) If a person is convicted pursuant to subsection (c), in addition to
  6       any other penalty or fine, such person shall be liable for all costs relating
  7       to the defense and exoneration of the falsely accused person.
  8           Sec. 8. K.S.A. 23-601 is hereby amended to read as follows: 23-601.
  9       Mediation under this section is the process by which a neutral mediator
10       appointed by the court, or by a hearing officer in a proceeding pursuant
11       to K.S.A. 23-701, and amendments thereto, assists the parties in reaching
12       a mutually acceptable agreement as to issues of child custody and   visita-
13       tion parenting time. The role of the mediator is to aid the parties in
14       identifying the issues, reducing misunderstandings, clarifying priorities,
15       exploring areas of compromise and finding points of agreement. An agree-
16       ment reached by the parties is to be based on the decisions of the parties
17       and not the decisions of the mediator.
18           Sec. 9. K.S.A. 23-602 is hereby amended to read as follows: 23-602.
19       (a) The court may order mediation of any contested issue of child custody
20       or   visitation parenting time at any time, upon the motion of a party or on
21       the court's own motion. A hearing officer in a proceeding pursuant to
22       K.S.A. 23-701 may order mediation of a contested issue of   child visitation
23       parenting time in such a proceeding.
24           (b) If the court or hearing officer orders mediation under subsection
25       (a), the court or hearing officer shall appoint a mediator, taking into con-
26       sideration the following:
27           (1) An agreement by the parties to have a specific mediator appointed
28       by the court or hearing officer;
29           (2) the nature and extent of any relationships the mediator may have
30       with the parties and any personal, financial or other interests the mediator
31       may have which could result in bias or a conflict of interest;
32           (3) the mediator's knowledge of (A) the Kansas judicial system and
33       the procedure used in domestic relations cases, (B) other resources in the
34       community to which parties can be referred for assistance, (C) child de-
35       velopment, (D) clinical issues relating to children, (E) the effects of di-
36       vorce on children and (F) the psychology of families; and
37           (4) the mediator's training and experience in the process and tech-
38       niques of mediation.
39           Sec. 10. K.S.A. 23-701 is hereby amended to read as follows: 23-701.
40       (a) The purpose of this section is to enhance the enforcement of child
41         visitation rights parenting time granted by court order by establishing an
42       expedited procedure which is simplified enough to provide justice without
43       necessitating the assistance of legal counsel.

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  1           (b) If a parent has been granted   visitation rights parenting time pur-
  2       suant to K.S.A. 38-1121 or 60-1616, and amendments thereto, and such
  3       rights are denied or interfered with by the other parent, the parent having
  4         visitation rights parenting time may file with the clerk of the district court
  5       a motion for enforcement of such rights. Such motion shall be filed on a
  6       form provided by the clerk of the court. Upon the filing of the motion,
  7       the administrative judge of the district court shall assign a judge of the
  8       district court or the court trustee as a hearing officer to hear the motion.
  9       The hearing officer shall immediately:
10           (1) Issue ex parte an order for mediation in accordance with K.S.A.
11       23-601 et seq., and amendments thereto; or
12           (2) set a time and place for a hearing on the motion, which shall be
13       not more than 21 days after the filing of the motion.
14           (c) If mediation ordered pursuant to subsection (b) is completed, the
15       mediator shall submit a summary of the parties' understanding to the
16       hearing officer within five days after it is signed by the parties. Upon
17       receipt of the summary, the hearing officer shall enter an order in ac-
18       cordance with the parties' agreement or set a time and place for a hearing
19       on the matter, which shall be not more than 10 days after the summary
20       is received by the hearing officer.
21           (d) If mediation ordered pursuant to subsection (b) is terminated
22       pursuant to K.S.A. 23-604 and amendments thereto, the mediator shall
23       report the termination to the hearing officer within five days after the
24       termination. Upon receipt of the report, if the hearing officer is a district
25       judge, such judge shall set the matter for hearing. If the hearing officer
26       is a district magistrate judge or a court trustee, the administrative judge
27       shall assign the matter to a district judge who shall set the matter for
28       hearing. Any such hearing shall be not more than 10 days after the me-
29       diator's report of termination is received by the hearing officer.
30           (e) Notice of the hearing date set by the hearing officer shall be given
31       to all interested parties by certified mail, return receipt requested, or as
32       the court may order.
33           (f) If, upon a hearing pursuant to subsection (b), (c) or (d), the hear-
34       ing officer or judge finds that   visitation rights the parenting time of one
35       parent have been unreasonably denied or interfered with by the other
36       parent, the hearing officer or judge may enter an order providing for one
37       or more of the following:
38           (1) A specific   visitation parenting time schedule;
39           (2) compensating   visitation parenting time for the   visitation parenting
40       time denied or interfered with, which time shall be of the same type (e.g.,
41       holiday, weekday, weekend, summer) as that denied or interfered with
42       and shall be at the convenience of the parent whose   visitation parenting
43       time was denied or interfered with;

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  1           (3) the posting of a bond, either cash or with sufficient sureties, con-
  2       ditioned upon compliance with the order granting   visitation rights par-
  3       enting time;
  4           (4) assessment of reasonable attorney fees, mediation costs and costs
  5       of the proceedings to enforce   visitation rights parenting time against the
  6       parent who unreasonably denied or interfered with the other parent's
  7         visitation rights parenting time;
  8           (5) attendance of one or both parents at counseling or educational
  9       sessions which focus on the impact of   visitation parenting time disputes
10       on children;
11           (6) supervised   visitation parenting time; or
12           (7) any other remedy which the hearing officer or judge considers
13       appropriate, except that, if a hearing officer is a district magistrate judge
14       or court trustee, the hearing officer shall not enter any order which grants,
15       or modifies a previous order granting, child support, child custody or
16       maintenance.
17           (g) Decisions of district magistrate judges or court trustees appointed
18       pursuant to this section shall be subject to review by a district judge on
19       the motion of any party filed within 10 days after the order was entered.
20           (h) In no case shall final disposition of a motion filed pursuant to this
21       section take place more than 45 days after the filing of such motion.
22           Sec. 11. K.S.A. 1997 Supp. 23-9,305 is hereby amended to read as
23       follows: 23-9,305. (a) When a responding tribunal of this state receives a
24       petition or comparable pleading from an initiating tribunal or directly
25       pursuant to subsection (c) of K.S.A. 23-9,301 and amendments thereto
26       (proceedings under this act), it shall cause the petition or pleading to be
27       filed and notify the petitioner only by personal service or registered mail,
28       return receipt requested where and when it was filed.
29           (b) A responding tribunal of this state, to the extent otherwise au-
30       thorized by law, may do one or more of the following:
31           (1) Issue or enforce a support order, modify a child support order or
32       render a judgment to determine parentage;
33           (2) order an obligor to comply with a support order, specifying the
34       amount and the manner of compliance;
35           (3) order income withholding;
36           (4) determine the amount of any arrearages, and specify a method of
37       payment;
38           (5) enforce orders by civil or criminal contempt, or both;
39           (6) set aside property for satisfaction of the support order;
40           (7) place liens and order execution on the obligor's property;
41           (8) order an obligor to keep the tribunal informed of the obligor's
42       current residential address, telephone number, employer, address of em-
43       ployment and telephone number at the place of employment;

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  1           (9) issue a bench warrant for an obligor who has failed after proper
  2       notice to appear at a hearing ordered by the tribunal and enter the bench
  3       warrant in any local and state computer systems for criminal warrants;
  4           (10) order the obligor to seek appropriate employment by specified
  5       methods;
  6           (11) award reasonable attorney fees and other fees and costs; and
  7           (12) grant any other available remedy.
  8           (c) A responding tribunal of this state shall include in a support order
  9       issued under this act, or in the documents accompanying the order, the
10       calculations on which the support order is based.
11           (d) A responding tribunal of this state may not condition the payment
12       of a support order issued under this act upon compliance by a party with
13       provisions for   visitation parenting time.
14           (e) If a responding tribunal of this state issues an order under this
15       act, the tribunal shall send a copy of the order to the petitioner only by
16       personal service or registered mail, return receipt requested and the re-
17       spondent and to the initiating tribunal, if any.
18           Sec. 12. K.S.A. 1997 Supp. 23-1001 is hereby amended to read as
19       follows: 23-1001. Case management under this act is the process by which
20       a neutral case manager appointed by the court, or by a hearing officer in
21       a proceeding pursuant to K.S.A. 23-701, and amendments thereto, or
22       through agreement by the parties, assists the parties by providing a pro-
23       cedure, other than mediation, which facilitates negotiation of a plan for
24       child custody or   visitation parenting time. In the event that the parties
25       are unable to reach an agreement, the case manager shall make recom-
26       mendations to the court.
27           Sec. 13. K.S.A. 1997 Supp. 23-1002 is hereby amended to read as
28       follows: 23-1002. (a) The court may order case management, when ap-
29       propriate, of any contested issue of child custody or   visitation parenting
30       time at any time, upon the motion of a party or on the court's own motion.
31       A hearing officer in a proceeding pursuant to K.S.A. 23-701, and amend-
32       ments thereto, may order case management, if appropriate, of a contested
33       issue of   child visitation parenting time in such a proceeding.
34           (b) Cases in which case management is appropriate shall include one
35       or more of the following circumstances:
36           (1) Private or public neutral dispute resolution services have been
37       tried and failed to resolve the disputes;
38           (2) other neutral services have been determined to be inappropriate
39       for the family;
40           (3) repetitive conflict occurs within the family, as evidenced by the
41       parties filing at least two motions in a six-month period for enforcement,
42       modification or change of   visitation parenting time or custody which are
43       denied by the court; or

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  1           (4) a parent exhibits diminished capacity to parent.
  2           (c) If the court or hearing officer orders case management under
  3       subsection (a), the court or hearing officer shall appoint a case manager,
  4       taking into consideration the following:
  5           (1) An agreement by the parties to have a specific case manager ap-
  6       pointed by the court or hearing officer;
  7           (2) the financial circumstances of the parties and the costs assessed
  8       by the case manager;
  9           (3) the case manager's knowledge of (A) the Kansas judicial system
10       and the procedure used in domestic relations cases, (B) other resources
11       in the community to which parties can be referred for assistance, (C)
12       child development, (D) clinical issues relating to children, (E) the effects
13       of divorce on children and (F) the psychology of families; and
14           (4) the case manager's training and experience in the process and
15       techniques of alternative dispute resolution and case management.
16           (d) To qualify as an appointed case manager, an individual shall:
17           (1) Be qualified to conduct mediation;
18           (2) have experience as a mediator;
19           (3) attend a workshop, approved by the district court in which the
20       case is filed, on case management; and
21           (4) participate in continuing education regarding management issues.
22           Sec. 14. K.S.A. 1997 Supp. 38-1121 is hereby amended to read as
23       follows: 38-1121. (a) The judgment or order of the court determining the
24       existence or nonexistence of the parent and child relationship is deter-
25       minative for all purposes, but if any person necessary to determine the
26       existence of a father and child relationship for all purposes has not been
27       joined as a party, a determination of the paternity of the child shall have
28       only the force and effect of a finding of fact necessary to determine a
29       duty of support.
30           (b) If the judgment or order of the court is at variance with the child's
31       birth certificate, the court shall order that a new birth certificate be is-
32       sued, but only if any man named as the father on the birth certificate is
33       a party to the action.
34           (c) Upon adjudging that a party is the parent of a minor child, the
35       court shall make provision for support and education of the child includ-
36       ing the necessary medical expenses incident to the birth of the child. The
37       court may order the support and education expenses to be paid by either
38       or both parents for the minor child. When the child reaches 18 years of
39       age, the support shall terminate unless: (1) The parent or parents agree,
40       by written agreement approved by the court, to pay support beyond that
41       time; (2) the child reaches 18 years of age before completing the child's
42       high school education in which case the support shall not automatically
43       terminate, unless otherwise ordered by the court, until June 30 of the

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  1       school year during which the child became 18 years of age if the child is
  2       still attending high school; or (3) the child is still a bona fide high school
  3       student after June 30 of the school year during which the child became
  4       18 years of age, in which case the court, on motion, may order support
  5       to continue through the school year during which the child becomes 19
  6       years of age so long as the child is a bona fide high school student and
  7       the parents jointly participated or knowingly acquiesced in the decision
  8       which delayed the child's completion of high school. The court, in ex-
  9       tending support pursuant to subsection (c)(3), may impose such condi-
10       tions as are appropriate and shall set the child support utilizing the guide-
11       line table category for 16-year through 18-year old children. Provision for
12       payment of support and educational expenses of a child after reaching 18
13       years of age if still attending high school shall apply to any child subject
14       to the jurisdiction of the court, including those whose support was or-
15       dered prior to July 1, 1992. If an agreement approved by the court prior
16       to July 1, 1988, provides for termination of support before the date pro-
17       vided by subsection (c)(2), the court may review and modify such agree-
18       ment, and any order based on such agreement, to extend the date for
19       termination of support to the date provided by subsection (c)(2). If an
20       agreement approved by the court prior to July 1, 1992, provides for ter-
21       mination of support before the date provided by subsection (c)(3), the
22       court may review and modify such agreement, and any order based on
23       such agreement, to extend the date for termination of support to the date
24       provided by subsection (c)(3). For purposes of this section, ``bona fide
25       high school student'' means a student who is enrolled in full accordance
26       with the policy of the accredited high school in which the student is
27       pursuing a high school diploma or a graduate equivalency diploma
28       (GED). The judgment shall specify the terms of payment and shall re-
29       quire payment to be made through the clerk of the district court or the
30       court trustee except for good cause shown. The judgment may require
31       the party to provide a bond with sureties to secure payment. The court
32       may at any time during the minority of the child modify or change the
33       order of support, including any order issued in a title IV-D case, within
34       three years of the date of the original order or a modification order, as
35       required by the best interest of the child. If more than three years has
36       passed since the date of the original order or modification order, a re-
37       quirement that such order is in the best interest of the child need not be
38       shown. The court may make a modification of support retroactive to a
39       date at least one month after the date that the motion to modify was filed
40       with the court. Any increase in support ordered effective prior to the date
41       the court's judgment is filed shall not become a lien on real property
42       pursuant to K.S.A. 60-2202, and amendments thereto.
43           (d) If both parents are parties to the action, the court shall enter such

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  1       orders regarding custody and   visitation parenting time as the court con-
  2       siders to be in the best interest of the child.
  3           (e) In entering an original order for support of a child under this
  4       section, the court may award an additional judgment to reimburse the
  5       expenses of support and education of the child from the date of birth to
  6       the date the order is entered. If the determination of paternity is based
  7       upon a presumption arising under K.S.A. 38-1114 and amendments
  8       thereto, the court shall award an additional judgment to reimburse all or
  9       part of the expenses of support and education of the child from at least
10       the date the presumption first arose to the date the order is entered,
11       except that no additional judgment need be awarded for amounts accrued
12       under a previous order for the child's support.
13           (f) In determining the amount to be paid by a parent for support of
14       the child and the period during which the duty of support is owed, a court
15       enforcing the obligation of support shall consider all relevant facts in-
16       cluding, but not limited to, the following:
17           (1) The needs of the child.
18           (2) The standards of living and circumstances of the parents.
19           (3) The relative financial means of the parents.
20           (4) The earning ability of the parents.
21           (5) The need and capacity of the child for education.
22           (6) The age of the child.
23           (7) The financial resources and the earning ability of the child.
24           (8) The responsibility of the parents for the support of others.
25           (9) The value of services contributed by the custodial parent.
26           (g) The provisions of K.S.A. 23-4,107, and amendments thereto, shall
27       apply to all orders of support issued under this section.
28           (h) An order granting   visitation rights parenting time pursuant to this
29       section may be enforced in accordance with K.S.A. 23-701, and amend-
30       ments thereto.
31           Sec. 15. K.S.A. 1997 Supp. 38-1138 is hereby amended to read as
32       follows: 38-1138. (a) The state registrar of vital statistics, in conjunction
33       with the secretary of social and rehabilitation services, shall review and,
34       as needed, revise acknowledgment of paternity forms for use under K.S.A.
35       38-1130 and 65-2409a, and amendments thereto. The acknowledgment
36       of paternity forms shall include or have attached a written description
37       pursuant to subsection (b) of the rights and responsibilities of acknowl-
38       edging paternity.
39           (b) A written description of the rights and responsibilities of acknowl-
40       edging paternity shall state the following:
41           (1) An acknowledgment of paternity creates a permanent father and
42       child relationship which can only be ended by court order. A person who
43       wants to revoke the acknowledgment of paternity must file the request

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  1       with the court before the child is one year old, unless the person was
  2       under age 18 when the acknowledgment of paternity was signed. A person
  3       under age 18 when the acknowledgment was signed has until one year
  4       after his or her 18th birthday to file a request, but if the child is more
  5       than one year old then, the judge will first consider the child's best in-
  6       terests.
  7           The person will have to show that the acknowledgment was based on
  8       fraud, duress (threat) or an important mistake of fact, unless the request
  9       is filed within 60 days of signing the acknowledgment or before any court
10       hearing about the child, whichever is earlier;
11           (2) both the father and the mother are responsible for the care and
12       support of the child. If necessary, this duty may be enforced through legal
13       action such as a child support order, an order to pay birth or other medical
14       expenses of the child or an order to repay government assistance pay-
15       ments for the child's care. A parent's willful failure to support the parent's
16       child is a crime;
17           (3) both the father and the mother have rights of custody and   visi-
18       tation parenting time with the child unless a court order changes their
19       rights. If necessary, custody and   visitation rights parenting time may be
20       spelled out in a court order and enforced;
21           (4) both the father and the mother have the right to consent to med-
22       ical treatment for the child unless a court order changes those rights;
23           (5) the child may inherit from the father and the father's family or
24       from the mother and the mother's family. The child may receive public
25       benefits, including, but not limited to, social security or private benefits,
26       including, but not limited to, insurance or workers compensation because
27       of the father-child or mother-child relationship;
28           (6) the father or the mother may be entitled to claim the child as a
29       dependent for tax or other purposes. The father or the mother may inherit
30       from the child or the child's descendants; and
31           (7) each parent has the right to sign or not sign an acknowledgment
32       of paternity. Each parent has the right to talk with an attorney before
33       signing an acknowledgment of paternity. Each parent has the right to be
34       represented by an attorney in any legal action involving paternity or their
35       rights or duties as a parent. Usually each person is responsible for hiring
36       the person's own attorney.
37           (c) Any duty to disclose rights or responsibilities related to signing an
38       acknowledgment of paternity shall have been met by furnishing the writ-
39       ten disclosures of subsection (b). Any duty to disclose orally the rights or
40       responsibilities related to signing an acknowledgment of paternity may be
41       met by means of an audio recording of the disclosures of subsection (b).
42           (d) An acknowledgment of paternity completed without the written
43       disclosures of subsection (b) is not invalid solely for that reason and may

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  1       create a presumption of paternity pursuant to K.S.A. 38-1114 and amend-
  2       ments thereto. Nothing in K.S.A. 1997 Supp. 38-1136 through 38-1138
  3       and amendments thereto shall decrease the validity, force or effect of an
  4       acknowledgment of paternity executed in this state prior to the effective
  5       date of this act.
  6           (e) Upon request, the state registrar of vital statistics shall provide a
  7       certified copy of the acknowledgment of paternity to an office providing
  8       IV-D program services.
  9           Sec. 16. K.S.A. 38-1302 is hereby amended to read as follows: 38-
10       1302. As used in the uniform child custody jurisdiction act:
11           (a) ``Contestant'' means a person, including a parent, who claims a
12       right to custody or   visitation rights parenting time with respect to a child.
13           (b) ``Custody determination'' means a court decision and court orders
14       and instructions providing for the custody of a child, including   visitation
15       rights parenting time; it does not include a decision relating to child sup-
16       port or any other monetary obligation of any person.
17           (c) ``Custody proceeding'' includes proceedings in which a custody
18       determination is one of several issues, such as an action for divorce or
19       separation, and includes proceedings under the Kansas code for care of
20       children.
21           (d) ``Decree'' or ``custody decree'' means a custody determination
22       contained in a judicial decree or order made in a custody proceeding, and
23       includes an initial decree and a modification decree.
24           (e) ``Home state'' means the state in which the child immediately
25       preceding the time involved lived with the child's parents, a parent, or a
26       person acting as parent, for at least six consecutive months, and in the
27       case of a child less than six months old the state in which the child lived
28       from birth with any of the persons mentioned. Periods of temporary ab-
29       sence of any of the named persons are counted as part of the six-month
30       or other period.
31           (f) ``Initial decree'' means the first custody decree concerning a par-
32       ticular child.
33           (g) ``Modification decree'' means a custody decree which modifies or
34       replaces a prior decree, whether made by the court which rendered the
35       prior decree or by another court.
36           (h) ``Physical custody'' means actual possession and control of a child.
37           (i) ``Person acting as parent'' means a person, other than a parent,
38       who has physical custody of a child and who has either been awarded
39       custody by a court or claims a right to custody.
40           (j) ``State'' means any state, territory, or possession of the United
41       States, the Commonwealth of Puerto Rico, and the District of Columbia.
42           Sec. 17. K.S.A. 38-1309 is hereby amended to read as follows: 38-
43       1309. (a) Every party in a custody proceeding in the party's first pleading

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  1       or in an affidavit attached to that pleading shall give information under
  2       oath as to the child's present address, the places where the child has lived
  3       within the last five years, and the names and present addresses of the
  4       persons with whom the child has lived during that period. In this pleading
  5       or affidavit every party shall further declare under oath whether:
  6           (1) The party has participated (as a party, witness, or in any other
  7       capacity) in any other litigation concerning the custody of the same child
  8       in this or any other state;
  9           (2) the party has information of any custody proceeding concerning
10       the child pending in a court of this or any other state; and
11           (3) the party knows of any person not a party to the proceedings who
12       has physical custody of the child or claims to have custody or   visitation
13       rights parenting time with respect to the child.
14           (b) If the declaration as to any of the above items is in the affirmative
15       the declarant shall give additional information under oath as required by
16       the court. The court may examine the parties under oath as to details of
17       the information furnished and as to other matters pertinent to the court's
18       jurisdiction and the disposition of the case.
19           (c) Each party has a continuing duty to inform the court of any cus-
20       tody proceeding concerning the child in this or any other state of which
21       the party obtained information during this proceeding.
22           (d) Any party who submits information pursuant to this section know-
23       ing the same to be false shall, upon conviction, be deemed guilty of a
24       class C nonperson misdemeanor.
25           Sec. 18. K.S.A. 38-1310 is hereby amended to read as follows: 38-
26       1310. If the court learns from information furnished by the parties pur-
27       suant to K.S.A. 38-1309 and amendments thereto or from other sources
28       that a person not a party to the custody proceeding has physical custody
29       of the child or claims to have custody or   visitation rights parenting time
30       with respect to the child, it shall order that person to be joined as a party
31       and to be duly notified of the pendency of the proceeding and of such
32       person's joinder as a party. If the person joined as a party is outside this
33       state the person shall be served with process or otherwise notified in
34       accordance with K.S.A. 38-1305 and amendments thereto.
35           Sec. 19. K.S.A. 1997 Supp. 38-1563 is hereby amended to read as
36       follows: 38-1563. (a) After consideration of any evidence offered relating
37       to disposition, the court may retain jurisdiction and place the child in the
38       custody of the child's parent subject to terms and conditions which the
39       court prescribes to assure the proper care and protection of the child,
40       including supervision of the child and the parent by a court services of-
41       ficer, or may order the child and the parent to participate in programs
42       operated by the secretary or another appropriate individual or agency.
43       The terms and conditions may require any special treatment or care which

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  1       the child needs for the child's physical, mental or emotional health.
  2           (b) The duration of any period of supervision or other terms or con-
  3       ditions shall be for an initial period of no more than 18 months. The
  4       court, at the expiration of that period, upon a hearing and for good cause
  5       shown, may make successive extensions of the supervision or other terms
  6       or conditions for up to 12 months at a time.
  7           (c) The court may order the child and the parents of any child who
  8       has been adjudged a child in need of care to attend counseling sessions
  9       as the court directs. The expense of the counseling may be assessed as
10       an expense in the case. No mental health center shall charge a greater
11       fee for court-ordered counseling than the center would have charged to
12       the person receiving counseling if the person had requested counseling
13       on the person's own initiative.
14           (d) If the court finds that placing the child in the custody of a parent
15       will not assure protection from physical, mental or emotional abuse or
16       neglect or sexual abuse or will not be in the best interests of the child,
17       the court shall enter an order awarding custody of the child, until the
18       further order of the court, to one of the following:
19           (1) A relative of the child or a person with whom the child has close
20       emotional ties;
21           (2) any other suitable person;
22           (3) a shelter facility; or
23           (4) the secretary.
24           In making such a custody order, the court shall give preference, to the
25       extent that the court finds it is in the best interests of the child, first to
26       granting custody to a relative of the child and second to granting custody
27       of the child to a person with whom the child has close emotional ties. If
28       the court has awarded legal custody based on the finding specified by this
29       subsection, the legal custodian shall not return the child to the home of
30       that parent without the written consent of the court.
31           (e) When the custody of the child is awarded to the secretary:
32           (1) The court may recommend to the secretary where the child
33       should be placed.
34           (2) The secretary shall notify the court in writing of any placement
35       of the child or, within 10 days of the order awarding the custody of the
36       child to the secretary, any proposed placement of the child, whichever
37       occurs first.
38           (3) The court may determine if such placement is in the best interests
39       of the child, and if the court determines that such placement is not in the
40       best interests of the child, the court shall notify the secretary who shall
41       then make an alternative placement subject to the procedures established
42       in this paragraph. In determining if such placement is in the best interests
43       of the child, the court, after providing the parties with an opportunity to

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  1       be heard, shall consider the health and safety needs of the child and the
  2       resources available to meet the needs of children in the custody of the
  3       secretary.
  4           (f) If custody of a child is awarded under this section to a person
  5       other than the child's parent, the court may grant any individual reason-
  6       able rights to visit the child upon motion of the individual and a finding
  7       that the parenting time or visitation rights would be in the best interests
  8       of the child.
  9           (g) If the court issues an order of custody pursuant to this section,
10       the court may enter an order restraining any alleged perpetrator of phys-
11       ical, sexual, mental or emotional abuse of the child from residing in the
12       child's home; visiting, contacting, harassing or intimidating the child; or
13       attempting to visit, contact, harass or intimidate the child.
14           (h) The court shall not enter an order removing a child from the
15       custody of a parent pursuant to this section unless the court first finds
16       from evidence presented by the petitioner that reasonable efforts have
17       been made to prevent or eliminate the need for removal of the child or
18       that an emergency exists which threatens the safety of the child and re-
19       quires the immediate removal of the child. Such findings shall be included
20       in any order entered by the court.
21           (i) In addition to or in lieu of any other order authorized by this
22       section, if a child is adjudged to be a child in need of care by reason of a
23       violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.
24       and amendments thereto) or K.S.A. 41-719, 41-804, 41-2719, 65-4152,
25       65-4153, 65-4154 or 65-4155, and amendments thereto, the court shall
26       order the child to submit to and complete an alcohol and drug evaluation
27       by a community-based alcohol and drug safety action program certified
28       pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee not
29       to exceed the fee established by that statute for such evaluation. If the
30       court finds that the child and those legally liable for the child's support
31       are indigent, the fee may be waived. In no event shall the fee be assessed
32       against the secretary or the department of social and rehabilitation serv-
33       ices.
34           (j) In addition to any other order authorized by this section, if child
35       support has been requested and the parent or parents have a duty to
36       support the child, the court may order one or both parents to pay child
37       support and, when custody is awarded to the secretary, the court shall
38       order one or both parents to pay child support. The court shall determine,
39       for each parent separately, whether the parent is already subject to an
40       order to pay support for the child. If the parent is not presently ordered
41       to pay support for any child who is a ward of the court and the court has
42       personal jurisdiction over the parent, the court shall order the parent to
43       pay child support in an amount determined under K.S.A. 38-1595 and

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  1       amendments thereto. Except for good cause shown, the court shall issue
  2       an immediate income withholding order pursuant to K.S.A. 23-4,105 et
  3       seq. and amendments thereto for each parent ordered to pay support
  4       under this subsection, regardless of whether a payor has been identified
  5       for the parent. A parent ordered to pay child support under this subsec-
  6       tion shall be notified, at the hearing or otherwise, that the child support
  7       order may be registered pursuant to K.S.A. 38-1597 and amendments
  8       thereto. The parent shall also be informed that, after registration, the
  9       income withholding order may be served on the parent's employer with-
10       out further notice to the parent and the child support order may be en-
11       forced by any method allowed by law. Failure to provide this notice shall
12       not affect the validity of the child support order.
13           Sec. 20. K.S.A. 1997 Supp. 38-1569 is hereby amended to read as
14       follows: 38-1569. The report made by foster parents and provided by the
15       department of social and rehabilitation services, pursuant to K.S.A. 38-
16       1565, and amendments thereto, shall be in substantially the following
17       form:
18      
REPORT FROM FOSTER PARENTS
19      
CONFIDENTIAL
20      
____________________
____________________
21      
Child's Name
Current Address
22      
____________________
____________________
23      
Parent's Name
Foster Parents
24      
25
____________________

Primary Social Worker
26           Please circle the word which best describes the child's progress
27       1. Child's adjustment in the home
28             excellent         good         satisfactory         needs improvement
29       2. Child's interaction with foster parents and family members
30             excellent         good         satisfactory         needs improvement
31       3. Child's interaction with others
32             excellent         good         satisfactory         needs improvement
33       4. Child's respect for property
34             excellent         good         satisfactory         needs improvement
35       5. Physical and emotional condition of the child
36             excellent         good         satisfactory         needs improvement
37       6. Social worker's interaction with the child and foster family
38             excellent         good         satisfactory         needs improvement
39       7. School status of child:
40      
41
____________________

School
____________________

Grade
42       Grades Good _______ Fair _______ Poor _______
43       Attendance Good _______ Fair _______ Poor _______

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1       Behavior Good _______ Fair _______ Poor _______
  2       8. If   visitation parenting time with parents has occurred, describe the frequency of visits,
  3       with whom, supervised or unsupervised, and any significant events which have occurred.
  4       ____________________________________________________________________________
  5       ____________________________________________________________________________
  6       9. Your opinion regarding the overall adjustment, progress and condition of the child:
  7       ____________________________________________________________________________
  8       ____________________________________________________________________________
  9       10. Do you have any special concerns or comments with regard to the child not addressed
10       by this form? Please specify.
11       ____________________________________________________________________________
12       ____________________________________________________________________________
13       ____________________________________________________________________________
14       ____________________________________________________________________________
15       ____________________________________________________________________________
16           Sec. 21. K.S.A. 1997 Supp. 38-1583 is hereby amended to read as
17       follows: 38-1583. (a) When the child has been adjudicated to be a child
18       in need of care, the court may terminate parental rights when the court
19       finds by clear and convincing evidence that the parent is unfit by reason
20       of conduct or condition which renders the parent unable to care properly
21       for a child and the conduct or condition is unlikely to change in the
22       foreseeable future.
23           (b) In making a determination hereunder the court shall consider,
24       but is not limited to, the following, if applicable:
25           (1) Emotional illness, mental illness, mental deficiency or physical
26       disability of the parent, of such duration or nature as to render the parent
27       unlikely to care for the ongoing physical, mental and emotional needs of
28       the child;
29           (2) conduct toward a child of a physically, emotionally or sexually
30       cruel or abusive nature;
31           (3) excessive use of intoxicating liquors or narcotic or dangerous
32       drugs;
33           (4) physical, mental or emotional neglect of the child;
34           (5) conviction of a felony and imprisonment;
35           (6) unexplained injury or death of another child or stepchild of the
36       parent;
37           (7) reasonable efforts by appropriate public or private child caring
38       agencies have been unable to rehabilitate the family; and
39           (8) lack of effort on the part of the parent to adjust the parent's cir-
40       cumstances, conduct or conditions to meet the needs of the child.
41           (c) In addition to the foregoing, when a child is not in the physical
42       custody of a parent, the court, in proceedings concerning the termination
43       of parental rights, shall also consider, but is not limited to the following:

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  1           (1) Failure to assure care of the child in the parental home when able
  2       to do so;
  3           (2) failure to maintain regular   visitation parenting time, contact or
  4       communication with the child or with the custodian of the child;
  5           (3) failure to carry out a reasonable plan approved by the court di-
  6       rected toward the integration of the child into the parental home; and
  7           (4) failure to pay a reasonable portion of the cost of substitute physical
  8       care and maintenance based on ability to pay.
  9           In making the above determination, the court may disregard incidental
10       visitations, contacts, communications or contributions.
11           (d) The rights of the parents may be terminated as provided in this
12       section if the court finds that the parents have abandoned the child or
13       the child was left under such circumstances that the identity of the par-
14       ents is unknown and cannot be ascertained, despite diligent searching,
15       and the parents have not come forward to claim the child within three
16       months after the child is found.
17           (e) The existence of any one of the above standing alone may, but
18       does not necessarily, establish grounds for termination of parental rights.
19       The determination shall be based on an evaluation of all factors which
20       are applicable. In considering any of the above factors for terminating the
21       rights of a parent, the court shall give primary consideration to the phys-
22       ical, mental or emotional condition and needs of the child. If presented
23       to the court and subject to the provisions of K.S.A. 60-419, and amend-
24       ments thereto, the court shall consider as evidence testimony from a
25       person licensed to practice medicine and surgery, a licensed psychologist
26       or a licensed social worker expressing an opinion relating to the physical,
27       mental or emotional condition and needs of the child. The court shall
28       consider any such testimony only if the licensed professional providing
29       such testimony is subject to cross-examination.
30           (f) A termination of parental rights under the Kansas code for care
31       of children shall not terminate the right of the child to inherit from or
32       through the parent. Upon such termination, all the rights of birth parents
33       to such child, including their right to inherit from or through such child,
34       shall cease.
35           Sec. 22. K.S.A. 38-1597 is hereby amended to read as follows: 38-
36       1597. (a) A party entitled to receive child support under an order issued
37       pursuant to the Kansas code for care of children may file with the clerk
38       of the district court in the county in which the judgment was rendered
39       the original child support order and the original income withholding or-
40       der, if any. If the original child support or income withholding order is
41       unavailable for any reason, a certified or authenticated copy of the order
42       may be substituted. The clerk of the district court shall number the child
43       support order as a case filed under chapter 60 of the Kansas Statutes

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  1       Annotated and enter the numbering of the case on the appearance docket
  2       of the case. Registration of a child support order under this section shall
  3       be without cost or docket fee.
  4           (b) If the number assigned to a case under the Kansas code for care
  5       of children appears in the caption of a document filed pursuant to this
  6       section, the clerk of the district court may obliterate that number and
  7       replace it with the new case number assigned pursuant to this section.
  8           (c) The filing of the child support order shall constitute registration
  9       under this section. Upon registration of the child support order, all mat-
10       ters related to that order, including but not limited to modification of the
11       order, shall proceed under the new case number. Registration of a child
12       support order under this section does not confer jurisdiction in the reg-
13       istration case for custody or   visitation parenting time issues.
14           (d) The party registering a child support order shall serve a copy of
15       the registered child support order and income withholding order, if any,
16       upon the interested parties by first-class mail. The party registering the
17       child support order shall file, in the privileged official file for each child
18       affected, either a copy of the registered order showing the new case num-
19       ber or a statement that includes the caption, new case number and date
20       of registration of the child support order.
21           (e) If the secretary of social and rehabilitation services is entitled to
22       receive payment under an order which may be registered under this sec-
23       tion, the county or district attorney shall take the actions permitted or
24       required in subsections (a) and (d) on behalf of the secretary, unless
25       otherwise requested by the secretary.
26           (f) A child support order registered pursuant to this section shall have
27       the same force and effect as an original child support order entered under
28       chapter 60 of the Kansas Statutes Annotated including, but not limited
29       to:
30           (1) The registered order shall become a lien on the real estate of the
31       judgment debtor in the county from the date of registration;
32           (2) execution or other action to enforce the registered order may be
33       had from the date of registration;
34           (3) the registered order may itself be registered pursuant to any law,
35       including but not limited to the revised uniform reciprocal enforcement
36       of support act (1968);
37           (4) if any installment of support due under the registered order be-
38       comes a dormant judgment, it may be revived pursuant to K.S.A. 60-2404
39       and amendments thereto; and
40           (5) the court shall have continuing jurisdiction over the parties and
41       subject matter and, except as otherwise provided in subsection (g), may
42       modify any prior support order when a material change in circumstances
43       is shown irrespective of the present domicile of the child or parents. The

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  1       court may make a modification of child support retroactive to a date at
  2       least one month after the date that the motion to modify was filed with
  3       the court.
  4           (g) If a motion to modify the child support order is filed within three
  5       months after the date of registration pursuant to this section; if no motion
  6       to modify the order has previously been heard and if the moving party
  7       shows that the support order was based upon one or more of the pre-
  8       sumptions provided in K.S.A. 38-1595 and amendments thereto or upon
  9       a stipulation pursuant to subsection (c) of K.S.A. 38-1595 and amend-
10       ments thereto, the court shall apply the Kansas child support guidelines
11       adopted pursuant to K.S.A. 20-165 and amendments thereto without re-
12       quiring any party to show that a material change of circumstances has
13       occurred, without regard to any previous presumption or stipulation used
14       to determine the amount of the child support order, and irrespective of
15       the present domicile of the child or parents. Nothing in this subsection
16       shall prevent or limit enforcement of the support order during the three
17       months after the date of registration.
18           Sec. 23. K.S.A. 1997 Supp. 38-1641 is hereby amended to read as
19       follows: 38-1641. (a) Any parent, guardian, or person with whom a juve-
20       nile resides who is served with a summons as provided in K.S.A. 38-1626,
21       and amendments thereto, shall appear with the juvenile at all juvenile
22       proceedings concerning the juvenile, unless excused by the court having
23       jurisdiction of the matter.
24           (b) Any person required by this act to be present at all juvenile pro-
25       ceedings who fails to comply, without good cause, with the provisions of
26       subsection (a) may be proceeded against for indirect contempt of court
27       pursuant to the provisions of K.S.A. 20-1204a et seq., and amendments
28       thereto.
29           (c) As used in this section: (1) ``Good cause'' for failing to appear
30       includes, but is not limited to, a situation where a parent or guardian:
31           (A) Does not have physical custody of the juvenile and resides outside
32       of Kansas;
33           (B) has physical custody of the juvenile, but resides outside of Kansas
34       and appearing in court will result in undue hardship to such parent or
35       guardian; or
36           (C) resides in Kansas, but is outside of the state at the time of the
37       juvenile proceeding for reasons other than avoiding appearance before
38       the court and appearing in court will result in undue hardship to such
39       parent or guardian.
40           (2) ``Parent'' means and includes a natural parent who has sole or
41       joint shared custody, regardless of whether the parent is designated as
42       the primary residential custodian, or an adoptive parent. Parent does not
43       include a person whose parental rights have been terminated pursuant to

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  1       law.
  2           (d) If the parent or guardian of any juvenile cannot be found or fails
  3       to appear, the court may proceed with the case without the presence of
  4       such parent or guardian.
  5           (e) This section shall be part of and supplemental to the Kansas ju-
  6       venile justice code.
  7           Sec. 24. K.S.A. 1997 Supp. 38-1664 is hereby amended to read as
  8       follows: 38-1664. (a) Prior to placing a juvenile offender in the custody
  9       of the commissioner and recommending out-of-home placement, the
10       court shall consider and determine that, where consistent with the need
11       for protection of the community:
12           (1) Reasonable efforts have been made to prevent or eliminate the
13       need for out-of-home placement or reasonable efforts are not possible
14       due to an emergency threatening the safety of the juvenile offender or
15       the community; and
16           (2) out-of-home placement is in the best interests of the juvenile of-
17       fender.
18           (b) When a juvenile offender has been placed in the custody of the
19       commissioner, the commissioner shall notify the court in writing of the
20       initial placement of the juvenile offender as soon as the placement has
21       been accomplished. The court shall have no power to direct a specific
22       placement by the commissioner, but may make recommendations to the
23       commissioner. The commissioner may place the juvenile offender in an
24       institution operated by the commissioner, a youth residential facility or a
25       community mental health center. If the court has recommended an
26       out-of-home placement, the commissioner may not return the juvenile
27       offender to the home from which removed without first notifying the
28       court of the plan.
29           (c) During the time a juvenile offender remains in the custody of the
30       commissioner, the commissioner shall report to the court at least each six
31       months as to the current living arrangement and social and mental de-
32       velopment of the juvenile offender. If the juvenile offender is placed
33       outside the juvenile offender's home, a hearing shall be held not more
34       than 18 months after the juvenile offender is placed outside the juvenile
35       offender's home and every 12 months thereafter. If the juvenile offender
36       is placed in foster care, the foster parent or parents shall submit to the
37       court, at least every six months, a report in regard to the juvenile of-
38       fender's adjustment, progress and condition. The juvenile justice author-
39       ity shall notify the foster parent or parents of the foster parents' or parent's
40       duty to submit such report, on a form provided by the juvenile justice
41       authority, at least two weeks prior to the date when the report is due, and
42       the name of the judge and the address of the court to which the report
43       is to be submitted. Such report shall be confidential and shall only be

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  1       reviewed by the court and the child's attorney.
  2           (d) The report made by foster parents and provided by the commis-
  3       sioner of juvenile justice, pursuant to this section, shall be in substantially
  4       the following form:
  5      
REPORT FROM FOSTER PARENTS
  6      
CONFIDENTIAL
7      
____________________
____________________
8      
Child's Name
Current Address
9      
____________________
____________________
10      
Parent's Name
Foster Parents
11      
12
____________________

Primary Social Worker
13           Please circle the word which best describes the child's progress
14       1. Child's adjustment in the home
15             excellent         good         satisfactory         needs improvement
16       2. Child's interaction with foster parents and family members
17             excellent         good         satisfactory         needs improvement
18       3. Child's interaction with others
19             excellent         good         satisfactory         needs improvement
20       4. Child's respect for property
21             excellent         good         satisfactory         needs improvement
22       5. Physical and emotional condition of the child
23             excellent         good         satisfactory         needs improvement
24       6. Social worker's interaction with the child and foster family
25             excellent         good         satisfactory         needs improvement
26       7. School status of child:
27      
28
____________________

School
____________________

Grade
29       Grades Good _______ Fair _______ Poor _______
30       Attendance Good _______ Fair _______ Poor _______
31       Behavior Good _______ Fair _______ Poor _______
32       8. If   visitation parenting time with parents has occurred, describe the frequency of visits,
33       with whom, supervised or unsupervised, and any significant events which have occurred.
34       ____________________________________________________________________________
35       ____________________________________________________________________________
36       9. Your opinion regarding the overall adjustment, progress and condition of the child:
37       ____________________________________________________________________________
38       ____________________________________________________________________________
39       10. Do you have any special concerns or comments with regard to the child not addressed
40       by this form? Please specify.
41       ____________________________________________________________________________
42       ____________________________________________________________________________
43       ____________________________________________________________________________

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  1       ____________________________________________________________________________
  2       ____________________________________________________________________________
  3           Sec. 25. K.S.A. 1997 Supp. 38-16,119 is hereby amended to read as
  4       follows: 38-16,119. (a) A party entitled to receive child support under an
  5       order issued pursuant to the Kansas juvenile justice code may file with
  6       the clerk of the district court in the county in which the judgment was
  7       rendered the original child support order and the original income with-
  8       holding order, if any. If the original child support or income withholding
  9       order is unavailable for any reason, a certified or authenticated copy of
10       the order may be substituted. The clerk of the district court shall number
11       the child support order as a case filed under chapter 60 of the Kansas
12       Statutes Annotated and enter the numbering of the case on the appear-
13       ance docket of the case. Registration of a child support order under this
14       section shall be without cost or docket fee.
15           (b) If the number assigned to a case under the Kansas juvenile justice
16       code appears in the caption of a document filed pursuant to this section,
17       the clerk of the district court may obliterate that number and replace it
18       with the new case number assigned pursuant to this section.
19           (c) The filing of the child support order shall constitute registration
20       under this section. Upon registration of the child support order, all mat-
21       ters related to that order, including but not limited to modification of the
22       order, shall proceed under the new case number. Registration of a child
23       support order under this section does not confer jurisdiction in the reg-
24       istration case for custody or   visitation parenting time issues.
25           (d) The party registering a child support order shall serve a copy of
26       the registered child support order and income withholding order, if any,
27       upon the interested parties by first-class mail. The party registering the
28       child support order shall file, in the official file for each child affected,
29       either a copy of the registered order showing the new case number or a
30       statement that includes the caption, new case number and date of reg-
31       istration of the child support order.
32           (e) If the commissioner of juvenile justice is entitled to receive pay-
33       ment under an order which may be registered under this section, the
34       county or district attorney shall take the actions permitted or required in
35       subsections (a) and (d) on behalf of the commissioner, unless otherwise
36       requested by the commissioner.
37           (f) A child support order registered pursuant to this section shall have
38       the same force and effect as an original child support order entered under
39       chapter 60 of the Kansas Statutes Annotated including, but not limited
40       to:
41           (1) The registered order shall become a lien on the real estate of the
42       judgment debtor in the county from the date of registration;
43           (2) execution or other action to enforce the registered order may be

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  1       had from the date of registration;
  2           (3) the registered order may itself be registered pursuant to any law,
  3       including but not limited to the revised uniform reciprocal enforcement
  4       of support act (1968);
  5           (4) if any installment of support due under the registered order be-
  6       comes a dormant judgment, it may be revived pursuant to K.S.A. 60-2404
  7       and amendments thereto; and
  8           (5) the court shall have continuing jurisdiction over the parties and
  9       subject matter and, except as otherwise provided in subsection (g), may
10       modify any prior support order when a material change in circumstances
11       is shown irrespective of the present domicile of the child or parents. The
12       court may make a modification of child support retroactive to a date at
13       least one month after the date that the motion to modify was filed with
14       the court.
15           (g) If a motion to modify the child support order is filed within three
16       months after the date of registration pursuant to this section; if no motion
17       to modify the order has previously been heard and if the moving party
18       shows that the support order was based upon one or more of the pre-
19       sumptions provided in K.S.A. 38-16,117, and amendments thereto, or
20       upon a stipulation pursuant to subsection (c) of K.S.A. 38-16,117, and
21       amendments thereto, the court shall apply the Kansas child support
22       guidelines adopted pursuant to K.S.A. 20-165 and amendments thereto
23       without requiring any party to show that a material change of circum-
24       stances has occurred, without regard to any previous presumption or stip-
25       ulation used to determine the amount of the child support order, and
26       irrespective of the present domicile of the child or parents. Nothing in
27       this subsection shall prevent or limit enforcement of the support order
28       during the three months after the date of registration.
29           Sec. 26. K.S.A. 60-1607 is hereby amended to read as follows: 60-
30       1607. (a) Permissible orders. After a petition for divorce, annulment or
31       separate maintenance has been filed, the judge assigned to hear the action
32       may, without requiring bond, make and enforce by attachment, orders
33       which:
34           (1) Jointly restrain the parties with regard to disposition of the prop-
35       erty of the parties and provide for the use, occupancy, management and
36       control of that property;
37           (2) restrain the parties from molesting or interfering with the privacy
38       or rights of each other;
39           (3) provide for the joint shared custody of the minor children and the
40       support, if necessary, of either party and of the minor children during the
41       pendency of the action. Such custody shall include equal parenting time;
42           (4) make provisions, if necessary, for the expenses of the suit, includ-
43       ing reasonable attorney's fees, that will insure to either party efficient

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  1       preparation for the trial of the case; or
  2           (5) require an investigation by court service officers into any issue
  3       arising in the action.
  4           (b) Ex parte orders. Orders authorized by subsections (a)(1), (2) and
  5       (3) may be entered after ex parte hearing upon compliance with rules of
  6       the supreme court, but no ex parte order shall have the effect of changing
  7       the custody of a minor child from the parent who has had the sole de
  8       facto custody of the child to the other parent unless there is sworn tes-
  9       timony to support a showing of extraordinary circumstances. If an inter-
10       locutory order is issued ex parte, the court shall hear a motion to vacate
11       or modify the order within 10 days of the date that a party requests a
12       hearing whether to vacate or modify the order. In the absence, disability,
13       or disqualification of the judge assigned to hear the action, any other
14       judge of the district court may make any order authorized by this section,
15       including vacation or modification or any order issued by the judge as-
16       signed to hear the action.
17           (c) Support orders. (1) An order of support obtained pursuant to this
18       section may be enforced by an order of garnishment as provided in this
19       section.
20           (2) No order of garnishment shall be issued under this section unless:
21       (A) Ten or more days have elapsed since the order of support was served
22       upon the party required to pay the support, and (B) the order of support
23       contained a notice that the order of support may be enforced by garnish-
24       ment and that the party has a right to request an opportunity for a hearing
25       to contest the issuance of an order of garnishment, if the hearing is re-
26       quested by motion filed within five days after service of the order of
27       support upon the party. If a hearing is requested, the court shall hold the
28       hearing within five days after the motion requesting the hearing is filed
29       with the court or at a later date agreed to by the parties.
30           (3) No bond shall be required for the issuance of an order of gar-
31       nishment pursuant to this section. Except as provided in this section,
32       garnishments authorized by this section shall be subject to the procedures
33       and limitations applicable to other orders of garnishment authorized by
34       law.
35           (4) A party desiring to have the order of garnishment issued shall file
36       an affidavit with the clerk of the district court stating that:
37           (A) The order of support contained the notice required by this sub-
38       section;
39           (B) ten or more days have elapsed since the order of support was
40       served upon the party required to pay the support; and
41           (C) either no hearing was requested on the issuance of an order of
42       garnishment within the five days after service of the order of support
43       upon the party required to pay the same or a hearing was requested and

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  1       held and the court did not prohibit the issuance of an order of garnish-
  2       ment.
  3           (d) Service of process. Service of process served under subsection
  4       (a)(1) and (2) shall be by personal service and not by certified mail return
  5       receipt requested.
  6           Sec. 27. K.S.A. 1997 Supp. 60-1610 is hereby amended to read as
  7       follows: 60-1610. A decree in an action under this article may include
  8       orders on the following matters:
  9           (a) Minor children. (1) Child support and education. The court shall
10       make provisions for the support and education of the minor children. The
11       court may modify or change any prior order, including any order issued
12       in a title IV-D case, within three years of the date of the original order
13       or a modification order, when a material change in circumstances is
14       shown, irrespective of the present domicile of the child or the parents. If
15       more than three years has passed since the date of the original order or
16       modification order, a material change in circumstance need not be shown.
17       The court may make a modification of child support retroactive to a date
18       at least one month after the date that the motion to modify was filed with
19       the court. Any increase in support ordered effective prior to the date the
20       court's judgment is filed shall not become a lien on real property pursuant
21       to K.S.A. 60-2202 and amendments thereto. Regardless of the type of
22       custodial arrangement ordered by the court, the court may order the child
23       support and education expenses to be paid by either or both parents for
24       any child less than 18 years of age, at which age the support shall ter-
25       minate unless: (A) The parent or parents agree, by written agreement
26       approved by the court, to pay support beyond the time the child reaches
27       18 years of age; (B) the child reaches 18 years of age before completing
28       the child's high school education in which case the support shall not ter-
29       minate automatically, unless otherwise ordered by the court, until June
30       30 of the school year during which the child became 18 years of age if
31       the child is still attending high school; or (C) the child is still a bona fide
32       high school student after June 30 of the school year during which the
33       child became 18 years of age, in which case the court, on motion, may
34       order support to continue through the school year during which the child
35       becomes 19 years of age so long as the child is a bona fide high school
36       student and the parents jointly participated or knowingly acquiesced in
37       the decision which delayed the child's completion of high school. The
38       court, in extending support pursuant to subsection (a)(1)(C), may impose
39       such conditions as are appropriate and shall set the child support utilizing
40       the guideline table category for 16-year through 18-year old children.
41       Provision for payment of support and educational expenses of a child after
42       reaching 18 years of age if still attending high school shall apply to any
43       child subject to the jurisdiction of the court, including those whose sup-

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  1       port was ordered prior to July 1, 1992. If an agreement approved by the
  2       court prior to July 1, 1988, provides for termination of support before the
  3       date provided by subsection (a)(1)(B), the court may review and modify
  4       such agreement, and any order based on such agreement, to extend the
  5       date for termination of support to the date provided by subsection
  6       (a)(1)(B). If an agreement approved by the court prior to July 1, 1992,
  7       provides for termination of support before the date provided by subsec-
  8       tion (a)(1)(C), the court may review and modify such agreement, and any
  9       order based on such agreement, to extend the date for termination of
10       support to the date provided by subsection (a)(1)(C). For purposes of this
11       section, ``bona fide high school student'' means a student who is enrolled
12       in full accordance with the policy of the accredited high school in which
13       the student is pursuing a high school diploma or a graduate equivalency
14       diploma (GED). In determining the amount to be paid for child support,
15       the court shall consider all relevant factors, without regard to marital
16       misconduct, including the financial resources and needs of both parents,
17       the financial resources and needs of the child and the physical and emo-
18       tional condition of the child. Until a child reaches 18 years of age, the
19       court may set apart any portion of property of either the husband or wife,
20       or both, that seems necessary and proper for the support of the child.
21       Every order requiring payment of child support under this section shall
22       require that the support be paid through the clerk of the district court or
23       the court trustee except for good cause shown.
24           (2) Child custody and residency. (A) Changes in custody. Subject to
25       the provisions of the uniform child custody jurisdiction act (K.S.A. 38-
26       1301 et seq., and amendments thereto), the court may change or modify
27       any prior order of custody when a material change of circumstances is
28       shown.
29           (B) Examination of parties. The court may order physical or mental
30       examinations of the parties if requested pursuant to K.S.A. 60-235 and
31       amendments thereto.
32           (3) Child custody or residency criteria. The court shall determine
33       custody or residency of a child   in accordance with the best interests of
34       the child.
35             (A) If the parties have a written agreement concerning the custody
36       or residency of their minor child, it is presumed that the agreement is in
37       the best interests of the child. This presumption may be overcome and
38       the court may make a different order if the court makes specific findings
39       of fact stating why the agreement is not in the best interests of the child.
40           (B) In determining the issue of custody or residency of a child, the
41       court shall consider all relevant factors, including but not limited to:
42           (i) The length of time that the child has been under the actual care
43       and control of any person other than a parent and the circumstances

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  1       relating thereto;
  2           (ii) the desires of the child's parents as to custody or residency;
  3           (iii) the desires of the child as to the child's custody or residency;
  4           (iv) the interaction and interrelationship of the child with parents,
  5       siblings and any other person who may significantly affect the child's best
  6       interests;
  7           (v) the child's adjustment to the child's home, school and community;
  8           (vi) the willingness and ability of each parent to respect and appre-
  9       ciate the bond between the child and the other parent and to allow for a
10       continuing relationship between the child and the other parent; and
11           (vii) evidence of spousal abuse.
12           Neither parent shall be considered to have a vested interest in the
13       custody or residency of any child as against the other parent, regardless
14       of the age of the child, and there shall be no presumption that it is in the
15       best interests of any infant or young child to give custody or residency to
16       the mother.
17           (4) Types of custodial arrangements. Subject to the provisions of this
18       article, the court may make any order relating to custodial arrangements
19         which is in the best interests of the child. The order shall include, but
20       not be limited to, one of the following, in the order of preference:
21           (A) Joint shared custody. (i) Except as provided in paragraph (ii) or
22       (iii) or subsection (a)(4)(B), (a)(4)(C) or (a)(4)(D), the court   (male symbol)y shall
23       place the custody of a child with both parties on a   shared or joint-custody
24       joint shared custody basis. In that event, the parties shall have equal rights
25       to make decisions in the best interests of the child under their custody.
26       Both parents will then be joint shared custodians. When a child is placed
27       in the joint shared custody of the child's parents, the court may further
28       determine that the residency of the child shall be divided   either in an
29       equal manner with regard to time of residency   or on the basis of a primary
30       residency arrangement for the child. The court  , in its discretion, may shall
31       require the parents to submit a detailed plan for implementation of a joint
32       shared custody order upon finding that both parents are suitable parents
33         or the parents, acting individually or in concert, may submit a custody
34       implementation plan to the court prior to issuance of a custody decree.
35       The parenting plan shall be written and for a period of two years for the
36       benefit of the child's stability. If adopted by the court, such plan shall be
37       automatically renewed, absent a material change of circumstances. Par-
38       enting time shall exclude the time spent in school or daycare by the child.
39       Each parent shall have the right to provide parenting time in preference
40       to any other daycare placement. If the parents cannot agree, the court
41       shall effect an order such that each parent shares time with their children
42       on an equal basis. The court shall have the discretion to consider reason-
43       able temporary unequal parenting time during the time the infant is

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  1       breast-feeding. However, in recognition of the importance of the infant's
  2       early need to bond with both parents, the court shall order regular, sub-
  3       stantial parenting time to each parent during this period. The court shall
  4       have the discretion to address situations relating to children where time
  5       share is occasionally interrupted due to emergency medical situations,
  6       temporary illness, injury or rehabilitative care, documented by a physi-
  7       cian. If the court does not order joint shared custody, it shall include in
  8       the record the specific findings of fact upon which the order for custody
  9       other than joint shared custody is based.
10           (ii) Both parents may agree in writing to an arrangement for the
11       custody of the child that is not joint shared custody. The court shall im-
12       plement such agreement upon a finding that both parents are suitable
13       parents.
14           (iii) If the court finds that a parent has been convicted of an offense
15       which involves abuse of a child, the court shall determine custody or
16       residency in accordance with the best interest of the child. Except as
17       provided further, the court, court officers, caseworkers, evaluators and
18       other court personnel shall not consider any allegation absent a convic-
19       tion. If a formal criminal complaint of child abuse has been filed, in order
20       to protect a potential child at risk of being abused, the court shall have
21       the discretion to refuse parenting time to the alleged violator or restrict
22       the parenting time of the alleged violator to supervised parenting time. If
23       formal criminal charges are not filed within 90 days of the filing of the
24       complaint against the alleged violator, for the purposes of the child cus-
25       tody matter, the court shall consider the complaint without merit and
26       shall reinstate parenting time to the alleged violator. If supervised par-
27       enting time is granted, preference shall be given to supervised parenting
28       time taking place in an environment familiar to the child or the alleged
29       violator, or both.
30           (B) Sole custody. In an exceptional case, the court may place the
31       custody of a child with one parent, and the other parent shall be the
32       noncustodial parent. The custodial parent shall have the right to make
33       decisions in the best interests of the child, subject to the   visitation   rights
34       parenting time of the noncustodial parent.
35           (C) Divided custody. In an exceptional case, the court may divide the
36       custody of two or more children between the parties.
37           (D) Nonparental custody. If during the proceedings the court deter-
38       mines that there is probable cause to believe that: (i) The child is a child
39       in need of care as defined by subsections (a)(1), (2) or (3) of K.S.A. 38-
40       1502 and amendments thereto; (ii) neither parent is fit to have custody;
41       or (iii) the child is currently residing with such child's grandparent, grand-
42       parents, aunt or uncle and such relative has had actual physical custody
43       of such child for a significant length of time, the court may award tem-

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  1       porary custody of the child to such relative, another person or agency if
  2       the court finds the award of custody to such relative, another person or
  3       agency is in the best interests of the child. In making such a custody
  4       order, the court shall give preference, to the extent that the court finds
  5       it is in the best interests of the child, first to awarding such custody to a
  6       relative of the child by blood, marriage or adoption and second to award-
  7       ing such custody to another person with whom the child has close emo-
  8       tional ties. The court shall require notice of the time and place of the
  9       proceedings to be given to all the child's grandparents at their last known
10       addresses or, if no grandparent is living or if no living grandparent's
11       address is known, to the closest relative of each of the child's parents
12       whose address is known. The court may make temporary orders for care,
13       support, education, parenting time and visitation that it considers appro-
14       priate. Temporary custody orders are to be entered in lieu of temporary
15       orders provided for in K.S.A. 38-1542 and 38-1543, and amendments
16       thereto, and shall remain in effect until there is a final determination
17       under the Kansas code for care of children. An award of temporary cus-
18       tody under this paragraph shall not terminate parental rights nor give the
19       court the authority to consent to the adoption of the child. When the
20       court enters orders awarding temporary custody of the child to an agency
21       or a person other than the parent but not a relative as described in subpart
22       (iii), the court shall refer a transcript of the proceedings to the county or
23       district attorney. The county or district attorney shall file a petition as
24       provided in K.S.A. 38-1531 and amendments thereto and may request
25       termination of parental rights pursuant to K.S.A. 38-1581 and amend-
26       ments thereto. The costs of the proceedings shall be paid from the general
27       fund of the county. When a final determination is made that the child is
28       not a child in need of care, the county or district attorney shall notify the
29       court in writing and the court, after a hearing, shall enter appropriate
30       custody orders pursuant to this section. If the same judge presides over
31       both proceedings, the notice is not required. Any disposition pursuant to
32       the Kansas code for care of children shall be binding and shall supersede
33       any order under this section. When the court enters orders awarding
34       temporary custody of the child to a relative as described in subpart (iii),
35       the court shall annually review the temporary custody to evaluate whether
36       such custody is still in the best interests of the child. If the court finds
37       such custody is in the best interests of the child, such custody shall con-
38       tinue. If the court finds such custody is not in the best interests of the
39       child, the court shall determine the custody pursuant to this section.
40           (b) Financial matters. (1) Division of property. The decree shall di-
41       vide the real and personal property of the parties, including any retire-
42       ment and pension plans, whether owned by either spouse prior to mar-
43       riage, acquired by either spouse in the spouse's own right after marriage

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  1       or acquired by the spouses' joint efforts, by: (A) a division of the property
  2       in kind; (B) awarding the property or part of the property to one of the
  3       spouses and requiring the other to pay a just and proper sum; or (C)
  4       ordering a sale of the property, under conditions prescribed by the court,
  5       and dividing the proceeds of the sale. Upon request, the trial court shall
  6       set a valuation date to be used for all assets at trial, which may be the
  7       date of separation, filing or trial as the facts and circumstances of the case
  8       may dictate. The trial court may consider evidence regarding changes in
  9       value of various assets before and after the valuation date in making the
10       division of property. In dividing defined-contribution types of retirement
11       and pension plans, the court shall allocate profits and losses on the non-
12       participant's portion until date of distribution to that nonparticipant. In
13       making the division of property the court shall consider the age of the
14       parties; the duration of the marriage; the property owned by the parties;
15       their present and future earning capacities; the time, source and manner
16       of acquisition of property; family ties and obligations; the allowance of
17       maintenance or lack thereof; dissipation of assets; the tax consequences
18       of the property division upon the respective economic circumstances of
19       the parties; and such other factors as the court considers necessary to
20       make a just and reasonable division of property. The decree shall provide
21       for any changes in beneficiary designation on: (A) Any insurance or an-
22       nuity policy that is owned by the parties, or in the case of group life
23       insurance policies, under which either of the parties is a covered person;
24       (B) any trust instrument under which one party is the grantor or holds a
25       power of appointment over part or all of the trust assets, that may be
26       exercised in favor of either party; or (C) any transfer on death or payable
27       on death account under which one or both of the parties are owners or
28       beneficiaries. Nothing in this section shall relieve the parties of the ob-
29       ligation to effectuate any change in beneficiary designation by the filing
30       of such change with the insurer or issuer in accordance with the terms
31       of such policy.
32           (2) Maintenance. The decree may award to either party an allowance
33       for future support denominated as maintenance, in an amount the court
34       finds to be fair, just and equitable under all of the circumstances. The
35       decree may make the future payments modifiable or terminable under
36       circumstances prescribed in the decree. The court may make a modifi-
37       cation of maintenance retroactive to a date at least one month after the
38       date that the motion to modify was filed with the court. In any event, the
39       court may not award maintenance for a period of time in excess of 121
40       months. If the original court decree reserves the power of the court to
41       hear subsequent motions for reinstatement of maintenance and such a
42       motion is filed prior to the expiration of the stated period of time for
43       maintenance payments, the court shall have jurisdiction to hear a motion

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  1       by the recipient of the maintenance to reinstate the maintenance pay-
  2       ments. Upon motion and hearing, the court may reinstate the payments
  3       in whole or in part for a period of time, conditioned upon any modifying
  4       or terminating circumstances prescribed by the court, but the reinstate-
  5       ment shall be limited to a period of time not exceeding 121 months. The
  6       recipient may file subsequent motions for reinstatement of maintenance
  7       prior to the expiration of subsequent periods of time for maintenance
  8       payments to be made, but no single period of reinstatement ordered by
  9       the court may exceed 121 months. Maintenance may be in a lump sum,
10       in periodic payments, on a percentage of earnings or on any other basis.
11       At any time, on a hearing with reasonable notice to the party affected,
12       the court may modify the amounts or other conditions for the payment
13       of any portion of the maintenance originally awarded that has not already
14       become due, but no modification shall be made without the consent of
15       the party liable for the maintenance, if it has the effect of increasing or
16       accelerating the liability for the unpaid maintenance beyond what was
17       prescribed in the original decree. Every order requiring payment of main-
18       tenance under this section shall require that the maintenance be paid
19       through the clerk of the district court or the court trustee except for good
20       cause shown.
21           (3) Separation agreement. If the parties have entered into a separa-
22       tion agreement which the court finds to be valid, just and equitable, the
23       agreement shall be incorporated in the decree. The provisions of the
24       agreement on all matters settled by it shall be confirmed in the decree
25       except that any provisions for the custody, support or education of the
26       minor children shall be subject to the control of the court in accordance
27       with all other provisions of this article. Matters settled by an agreement
28       incorporated in the decree, other than matters pertaining to the custody,
29       support or education of the minor children, shall not be subject to sub-
30       sequent modification by the court except: (A) As prescribed by the agree-
31       ment or (B) as subsequently consented to by the parties.
32           (4) Costs and fees. Costs and attorney fees may be awarded to either
33       party as justice and equity require. The court may order that the amount
34       be paid directly to the attorney, who may enforce the order in the attor-
35       ney's name in the same case.
36           (c) Miscellaneous matters. (1) Restoration of name. Upon the request
37       of a spouse, the court shall order the restoration of that spouse's maiden
38       or former name.
39           (2) Effective date as to remarriage. Any marriage contracted by a
40       party, within or outside this state, with any other person before a judg-
41       ment of divorce becomes final shall be voidable until the decree of divorce
42       becomes final. An agreement which waives the right of appeal from the
43       granting of the divorce and which is incorporated into the decree or

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  1       signed by the parties and filed in the case shall be effective to shorten
  2       the period of time during which the remarriage is voidable.
  3           Sec. 28. K.S.A. 60-1612 is hereby amended to read as follows: 60-
  4       1612. (a) If a party fails to comply with a provision of a decree, temporary
  5       order or injunction issued under K.S.A. 60-1601 et seq., the obligation of
  6       the other party to make payments for support or maintenance or to permit
  7         visitation parenting time is not suspended, but the other party may re-
  8       quest by motion that the court grant an appropriate order.
  9           (b) Motions to modify   visitation parenting time or custody in pro-
10       ceedings where support obligations are enforced under part D of title IV
11       of the federal social security act (42 USC & 651 et seq.), as amended,
12       shall be considered proceedings in connection with the administration of
13       the title IV-D program for the sole purpose of disclosing information
14       necessary to obtain service of process on the parent with physical custody
15       of the child.
16           Sec. 29. K.S.A. 60-1614 is hereby amended to read as follows: 60-
17       1614. The court may interview the minor children in chambers to assist
18       the court in determining custody and   visitation parenting time. The court
19       may permit counsel to be present at the interviews. Upon request of any
20       party, the court shall cause a record of the interview to be made as part
21       of the record in the case.
22           Sec. 30. K.S.A. 1997 Supp. 60-1616 is hereby amended to read as
23       follows: 60-1616. (a) Parents. A parent not granted custody or residency
24       of the child is entitled to reasonable   visitation rights parenting time unless
25       the court finds, after a hearing, that   visitation parenting time would en-
26       danger seriously the child's physical, mental, moral or emotional health.
27           (b) Grandparents and stepparents. Grandparents and stepparents
28       may be granted visitation rights.
29           (c) Modification. The court may modify an order granting or denying
30       parenting time or visitation rights whenever modification would serve the
31       best interests of the child.
32           (d) Enforcement of rights. An order granting   visitation rights parent-
33       ing time to a parent pursuant to this section may be enforced in accord-
34       ance with K.S.A. 23-701, and amendments thereto.
35           (e) Repeated denial of rights, effect. Repeated unreasonable denial of
36       or interference with   visitation rights parenting time granted to a parent
37       pursuant to this section may be considered a material change of circum-
38       stances which justifies modification of a prior order of child custody.
39           (f) Repeated child support misuse, effect. Repeated child support mis-
40       use may be considered a material change of circumstances which justifies
41       modification of a prior order of child custody.
42           (g) Court ordered exchange or   visitation parenting time at a child
43       exchange and   visitation parenting time center. (1) The court may order

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  1       exchange or   visitation parenting time to take place at a child exchange
  2       and   visitation parenting time center, as established in K.S.A. 75-720 and
  3       amendments thereto.
  4           (2) A parent may petition the court to modify an order granting   vis-
  5       itation rights parenting time rights to require that the exchange or transfer
  6       of children for   visitation parenting time or   visitation parenting time take
  7       place at a child exchange and   visitation parenting time center, as estab-
  8       lished in K.S.A. 75-720 and amendments thereto. The court may modify
  9       an order granting   visitation rights parenting time whenever modification
10       would serve the best interests of the child.
11           Sec. 31. K.S.A. 60-1617 is hereby amended to read as follows: 60-
12       1617. (a) Family counseling. Upon motion by any party or on the court's
13       own motion, the court may order at any time prior to or subsequent to
14       the alteration of the parties' marital status that the parties and any of their
15       children be interviewed by a psychiatrist, licensed psychologist or other
16       trained professional in family counseling, approved by the court, for the
17       purpose of determining whether it is in the best interests of any of the
18       parties' children that the parties and any of their children have counseling
19       with regard to matters of custody and   visitation parenting time. The court
20       shall receive the written opinion of the professional, and the court shall
21       make the opinion available to counsel upon request. Counsel may ex-
22       amine as a witness any professional consulted by the court under this
23       section. If the opinion of the professional is that counseling is in the best
24       interests of any of the children, the court may order the parties and any
25       of the children to obtain counseling. Neither party shall be required to
26       obtain counseling pursuant to this section if the party objects thereto
27       because the counseling conflicts with sincerely held religious tenets and
28       practices to which any party is an adherent.
29           (b) Costs. The costs of the counseling shall be taxed to either party
30       as equity and justice require.
31           Sec. 32. K.S.A. 1997 Supp. 60-1621 is hereby amended to read as
32       follows: 60-1621. (a) No postdivorce motion petitioning for a change in
33       child custody, a modification of child support or a change in   visitation
34       parenting time shall be filed or docketed in the district court without
35       payment of a docket fee in the amount of $20 to the clerk of the district
36       court.
37           (b) A poverty affidavit may be filed in lieu of a docket fee as estab-
38       lished in K.S.A. 60-2001, and amendments thereto.
39           (c) The docket fee shall be the only costs assessed in each case for
40       services of the clerk of the district court and the sheriff. The docket fee
41       shall be disbursed in accordance with subsection (f) of K.S.A. 20-362, and
42       amendments thereto.
43           Sec. 33. K.S.A. 1997 Supp. 60-3107 is hereby amended to read as

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  1       follows: 60-3107. (a) The court shall be empowered to approve any con-
  2       sent agreement to bring about a cessation of abuse of the plaintiff or
  3       minor children or grant any of the following orders:
  4           (1) Restraining the parties from abusing, molesting or interfering
  5       with the privacy or rights of each other or of any minor children of the
  6       parties. Such order shall contain a statement that if such order is violated,
  7       such violation may constitute assault as provided in K.S.A. 21-3408, and
  8       amendments thereto, battery as provided in K.S.A. 21-3412, and amend-
  9       ments thereto, and violation of a protective order as provided in K.S.A.
10       1997 Supp. 21-3843, and amendments thereto.
11           (2) Granting possession of the residence or household to a party to
12       the exclusion of the other party, and further restraining the party not
13       granted possession from entering or remaining upon or in such residence
14       or household, subject to the limitation of subsection (c). Such order shall
15       contain a statement that if such order is violated, such violation shall
16       constitute criminal trespass as provided in subsection (c) of K.S.A. 21-
17       3721, and amendments thereto, and violation of a protective order as
18       provided in K.S.A. 1997 Supp. 21-3843, and amendments thereto.
19           (3) Requiring a party to provide suitable, alternate housing for such
20       party's spouse and any minor children of the parties.
21           (4) Awarding temporary custody and establishing temporary   visitation
22       rights parenting time with regard to minor children.
23           (5) Ordering a law enforcement officer to evict a party from the res-
24       idence or household.
25           (6) Ordering support payments by a party for the support of a party's
26       minor child or a party's spouse. Such support orders shall remain in effect
27       until modified or dismissed by the court or until expiration and shall be
28       for a fixed period of time not to exceed one year. On the motion of the
29       plaintiff, the court may extend the effect of such order for 12 months.
30           (7) Awarding costs and attorney fees to either party.
31           (8) Making provision for the possession of personal property of the
32       parties and ordering a law enforcement officer to assist in securing pos-
33       session of that property, if necessary.
34           (9) Requiring the person against whom the order is issued to seek
35       counseling to aid in the cessation of abuse.
36           (b) If, within the period that an order of support issued pursuant to
37       subsection (a)(6) is in existence, a party files a petition for divorce, sep-
38       arate maintenance or annulment and an application for temporary sup-
39       port pursuant to K.S.A. 60-1601 et seq., and amendments thereto, the
40       order of support shall continue in effect until an order is issued on the
41       application for temporary support or until such earlier time as ordered
42       by the court on motion of either party at any time for good cause shown.
43       If a party has previously commenced an action for divorce, separate main-

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  1       tenance or annulment prior to commencement of an action under the
  2       protection from abuse act, the court may enter, pursuant to the protection
  3       from abuse act, an order inconsistent with the order previously entered
  4       in the divorce, separate maintenance or annulment proceeding. If an in-
  5       consistent order is entered pursuant to the protection from abuse act, the
  6       order previously entered in the other proceeding shall be vacated upon
  7       motion in the proceeding pursuant to the protection from abuse act.
  8           (c) If the parties to an action under the protection from abuse act are
  9       not married to each other and one party owns the residence or household,
10       the court shall not have the authority to grant possession of the residence
11       or household under subsection (a)(2) to the exclusion of the party who
12       owns it.
13           (d) Subject to the provisions of subsections (b) and (c), a protective
14       order or approved consent agreement shall remain in effect until modified
15       or dismissed by the court and shall be for a fixed period of time not to
16       exceed one year, except that, on motion of the plaintiff, such period may
17       be extended for one additional year.
18           (e) The court may amend its order or agreement at any time upon
19       motion filed by either party.
20           (f) No order or agreement under the protection from abuse act shall
21       in any manner affect title to any real property.
22           (g) If a person enters or remains on premises or property violating
23       an order issued pursuant to subsection (a)(2), such violation shall consti-
24       tute criminal trespass as provided in subsection (c) of K.S.A. 21-3721, and
25       amendments thereto, and violation of a protective order as provided in
26       K.S.A. 1997 Supp. 21-3843, and amendments thereto. If a person abuses,
27       molests or interferes with the privacy or rights of another violating an
28       order issued pursuant to subsection (a)(1), such violation may constitute
29       assault as provided in K.S.A. 21-3408, and amendments thereto, battery
30       as provided in K.S.A. 21-3412, and amendments thereto, and violation of
31       a protective order as provided in K.S.A. 1997 Supp. 21-3843, and amend-
32       ments thereto.
33           Sec. 34. K.S.A. 1997 Supp. 74-7334 is hereby amended to read as
34       follows: 74-7334. (a) There is hereby created in the state treasury the
35       crime victims assistance fund. All moneys credited to the fund pursuant
36       to K.S.A. 12-4117, 19-101e, 19-4707 and 20-367, and amendments
37       thereto, shall be used solely for the purpose of making grants for on-going
38       operating expenses of programs, including court-appointed special ad-
39       vocate programs, providing: (1) Temporary emergency shelter for victims
40       of child abuse and neglect; (2) counseling and assistance to those victims;
41       or (3) educational services directed at reducing the incidence of child
42       abuse and neglect and diminishing its impact on the victim. The remain-
43       der of moneys credited to the fund shall be used for the purpose of

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  1       supporting the operation of state agency programs which provide services
  2       to the victims of crime and making grants to existing programs or to
  3       establish and maintain new programs providing services to the victims of
  4       crime.
  5           (b) All expenditures from the crime victims assistance fund shall be
  6       made in accordance with appropriations acts upon warrants of the direc-
  7       tor of accounts and reports issued pursuant to vouchers approved by the
  8       attorney general or by a person or persons designated by the attorney
  9       general.
10           (c) The attorney general may apply for, receive and accept moneys
11       from any source for the purposes for which moneys in the crime victims
12       assistance fund may be expended. Upon receipt of any such moneys, the
13       attorney general shall remit the entire amount at least monthly to the
14       state treasurer, who shall deposit it in the state treasury and credit it to
15       the crime victims assistance fund.
16           (d) Grants made to programs with funds derived from K.S.A. 12-
17       4117, 19-101e, 19-4707 and 20-367 and amendments thereto shall be
18       based on the numbers of persons served by the program and shall be
19       made only to programs aimed at preventing child abuse and neglect or
20       providing residential services or facilities to victims of child abuse or ne-
21       glect. In order for programs to qualify for funding under this section, they
22       must:
23           (1) Meet the requirements of section 501(c) of the internal revenue
24       code of 1986;
25           (2) be registered and in good standing as a nonprofit corporation;
26           (3) meet normally accepted standards for nonprofit organizations;
27           (4) have trustees who represent the racial, ethnic and socioeconomic
28       diversity of the county or counties served;
29           (5) have received 50% or more of their funds from sources other than
30       funds distributed through the fund, which other sources may be public
31       or private and may include contributions of goods or services, including
32       materials, commodities, transportation, office space or other types of fa-
33       cilities or personal services;
34           (6) demonstrate ability to successfully administer programs;
35           (7) make available an independent certified audit of the previous
36       year's financial records;
37           (8) have obtained appropriate licensing or certification, or both;
38           (9) serve a significant number of residents of the county or counties
39       served;
40           (10) not unnecessarily duplicate services already adequately provided
41       to county residents; and
42           (11) agree to comply with reporting requirements of the attorney
43       general.

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  1           The attorney general may adopt rules and regulations establishing ad-
  2       ditional standards for eligibility and accountability for grants made pur-
  3       suant to this section.
  4           (e) All moneys credited to the fund pursuant to K.S.A. 23-108a and
  5       amendments thereto, shall be set aside to use as matching funds for meet-
  6       ing any federal requirement for the purpose of establishing child
  7       exchange and   visitation parenting time centers as provided in K.S.A. 75-
  8       720 and amendments thereto. If no federal funds are made available to
  9       the state for the purpose of establishing such child exchange and   visitation
10       parenting time centers, then such moneys may be used as otherwise pro-
11       vided in this section. Only those moneys credited to the fund pursuant
12       to K.S.A. 23-108a, and amendments thereto, may be used for such match-
13       ing funds. No state general fund moneys shall be used for such matching
14       funds.
15           Sec. 35. K.S.A. 75-720 is hereby amended to read as follows: 75-720.
16       (a) Subject to the provisions of appropriation acts, the attorney general
17       shall provide for child exchange and   visitation parenting time centers
18       throughout the state for victims of domestic or family violence and their
19       children to allow court-ordered child exchange or   visitation parenting
20       time in a manner that protects the safety of all family members. The
21       attorney general shall coordinate and cooperate with local governmental
22       agencies in providing the child exchange and   visitation parenting time
23       centers.
24           (b) A child exchange and   visitation parenting time center shall pro-
25       vide:
26           (1) A secure setting and specialized procedures for supervised   visi-
27       tation parenting time and the exchange or transfer of children for   visita-
28       tion parenting time; and
29           (2) supervision by a person trained in security and the avoidance of
30       domestic and family violence.
31           (c) A child exchange and   visitation parenting time center is for chil-
32       dren who have been removed from such children's parents and placed
33       outside the home as a result of abuse or neglect or other risk of harm to
34       such children and for children whose parents are separated or divorced
35       and the children are at risk because:
36           (1) There is documented sexual, physical or emotional abuse as de-
37       termined by the court;
38           (2) there is suspected or elevated risk of sexual, physical or emotional
39       abuse, or there have been threats of parental abduction of the child;
40           (3) due to domestic violence, there is an ongoing risk of harm to a
41       parent or child;
42           (4) a parent is impaired because of substance abuse or mental illness;
43           (5) there are allegations that a child is at risk for any of the reasons

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  1       stated in paragraphs (1) through (4) pending an investigation; or
  2           (6) other circumstances, as determined by the court, point to the
  3       existence of such a risk.
  4           (d) The attorney general may apply for, receive and accept moneys
  5       from any source for the purposes of establishing child exchange and   vis-
  6       itation parenting time centers for victims of domestic violence.
  7           (e) There is hereby created in the state treasury the child exchange
  8       and   visitation parenting time centers fund. All moneys credited to the
  9       fund shall be used solely for the purpose of establishing and maintaining
10       child exchange and   visitation parenting time centers for victims of do-
11       mestic violence. All expenditures from the child exchange and   visitation
12       parenting time center fund shall be made in accordance with appropria-
13       tion acts upon warrants of the director of accounts and reports issued
14       pursuant to vouchers approved by the attorney general or by the attorney
15       general's designee.
16           New Sec. 36. (a) The amendments to the law as provided in this act
17       shall constitute a material change in circumstance for the purpose of any
18       modification of any child custody order issued prior to July 1, 1998.
19           (b) If any provision of this act or the application thereof to any person
20       or circumstance is held invalid, the invalidity does not affect other pro-
21       visions or application of the act which can be given effect without the
22       invalid provision or application, and to this end the provisions of this act
23       are severable.
24           Sec. 37.  K.S.A. 20-164, 21-3422, 21-3422a, 21-3818, 23-601, 23-602,
25       23-701, 38-1302, 38-1309, 38-1310, 38-1597, 60-1607, 60-1612, 60-1614,
26       60-1617 and 75-720 and K.S.A. 1997 Supp. 5-509, 20-302b, 20-302c,
27       23-9,305, 23-1001, 23-1002, 38-1121, 38-1138, 38-1563, 38-1569,
28       38-1583, 38-1641, 38-1664, 38-16,119, 60-1610, 60-1616, 60-1621, 60-
29       3107 and 74-7334 are hereby repealed.
30           Sec. 38. This act shall take effect and be in force from and after its
31       publication in the statute book.
32      
33