Session of 2000
HOUSE BILL No. 2927
By Representatives O'Connor, Aday,
Compton, Dahl, Freeborn, Hutch-
ins,
Johnston, Larkin, Lightner, M. Long, P. Long, McClure,
Mollen-
kamp,
Myers, Pauls, Powers, Ruff, Shultz, Spangler, Vining and Wilk
2-9
12 AN ACT
concerning termination of parental rights; relating to emer-
13 gency possession of
abandoned children by an emergency medical
14 service or ambulance
service; amending K.S.A. 1999 Supp. 38-1583
15 and repealing the
existing section.
16
17 Be it enacted by the Legislature of the
State of Kansas:
18 Section
1. K.S.A. 1999 Supp. 38-1583 is hereby amended to read as
19 follows: 38-1583. (a) When the child has
been adjudicated to be a child
20 in need of care, the court may terminate
parental rights when the court
21 finds by clear and convincing evidence that
the parent is unfit by reason
22 of conduct or condition which renders the
parent unable to care properly
23 for a child and the conduct or condition is
unlikely to change in the
24 foreseeable future.
25 (b) In making a
determination hereunder the court shall consider,
26 but is not limited to, the following, if
applicable:
27 (1) Emotional
illness, mental illness, mental deficiency or physical
28 disability of the parent, of such duration
or nature as to render the parent
29 unlikely to care for the ongoing physical,
mental and emotional needs of
30 the child;
31 (2) conduct
toward a child of a physically, emotionally or sexually
32 cruel or abusive nature;
33 (3) excessive use
of intoxicating liquors or narcotic or dangerous
34 drugs;
35 (4) physical,
mental or emotional neglect of the child;
36 (5) conviction of
a felony and imprisonment;
37 (6) unexplained
injury or death of another child or stepchild of the
38 parent;
39 (7) reasonable
efforts by appropriate public or private child caring
40 agencies have been unable to rehabilitate
the family; and
41 (8) lack of
effort on the part of the parent to adjust the parent's cir-
42 cumstances, conduct or conditions to meet
the needs of the child.
43 (c) In addition
to the foregoing, when a child is not in the physical
44 custody of a parent, the court, in
proceedings concerning the termination
2
1 of parental rights, shall also
consider, but is not limited to the following:
2 (1) Failure
to assure care of the child in the parental home when able
3 to do so;
4 (2) failure
to maintain regular visitation, contact or communication
5 with the child or with the custodian
of the child;
6 (3) failure
to carry out a reasonable plan approved by the court di-
7 rected toward the integration of the
child into the parental home; and
8 (4) failure
to pay a reasonable portion of the cost of substitute physical
9 care and maintenance based on ability
to pay.
10 In making the above
determination, the court may disregard incidental
11 visitations, contacts, communications or
contributions.
12 (d) The rights of
the parents may be terminated as provided in this
13 section if the court finds that the parents
have abandoned the child, vol-
14 untarily delivered the child 30 days old
or younger to an emergency med-
15 ical service or ambulance service under
article 61 of chapter 65 of the
16 Kansas Statutes Annotated, and
amendments thereto, without expressing
17 an intent to return for the child,
or the child was left under such circum-
18 stances that the identity of the parents is
unknown and cannot be ascer-
19 tained, despite diligent searching, and the
parents have not come forward
20 to claim the child within three months
after the child is found. The vol-
21 untary delivery of a child to an
emergency medical service or ambulance
22 service, without expressing an intent to
return for the child, does not
23 constitute abandonment of a child 30
days old or younger under K.S.A.
24 21-3604, and amendments thereto, or
aggravated abandonment of a child
25 under K.S.A. 21-3604a, and amendments
thereto.
26 (e) The existence
of any one of the above standing alone may, but
27 does not necessarily, establish grounds for
termination of parental rights.
28 The determination shall be based on an
evaluation of all factors which
29 are applicable. In considering any of the
above factors for terminating the
30 rights of a parent, the court shall give
primary consideration to the phys-
31 ical, mental or emotional condition and
needs of the child. If presented
32 to the court and subject to the provisions
of K.S.A. 60-419, and amend-
33 ments thereto, the court shall consider as
evidence testimony from a
34 person licensed to practice medicine and
surgery, a licensed psychologist
35 or a licensed social worker expressing an
opinion relating to the physical,
36 mental or emotional condition and needs of
the child. The court shall
37 consider any such testimony only if the
licensed professional providing
38 such testimony is subject to
cross-examination.
39 (f) A termination
of parental rights under the Kansas code for care
40 of children shall not terminate the right
of the child to inherit from or
41 through the parent. Upon such termination,
all the rights of birth parents
42 to such child, including their right to
inherit from or through such child,
43 shall cease.
3
1 (g) If,
after finding the parent unfit, the court determines a compel-
2 ling reason why it is not in the best
interests of the child to terminate
3 parental rights or upon agreement of
the parents, the court may award
4 permanent guardianship to an
individual providing care for the child, a
5 relative or other person with whom
the child has a close emotional at-
6 tachment. Prior to awarding permanent
guardianship, the court shall re-
7 ceive and consider an assessment as
provided in K.S.A. 59-2132 and
8 amendments thereto of any potential
permanent guardian. Upon appoint-
9 ment of a permanent guardian, the
court shall enter an order discharging
10 the child from the court's
jurisdiction.
11 (h) If a parent
is convicted of an offense as provided in subsection
12 (7) of K.S.A. 38-1585 and amendments
thereto or is adjudicated a juvenile
13 offender because of an act which if
committed by an adult would be an
14 offense as provided in subsection (7) of
K.S.A. 38-1585 and amendments
15 thereto, and if the victim was the other
parent of a child, the court may
16 disregard such convicted or adjudicated
parent's opinions or wishes in
17 regard to the placement of such child.
18 New Sec.
2. (a) An emergency medical service or ambulance service
19 under article 61 of chapter 65 of the
Kansas Statutes Annotated, and
20 amendments thereto, without a court order,
shall take possession of a
21 child who is 30 days old or younger if the
child is voluntarily delivered to
22 the emergency medical service or ambulance
service by the child's parent
23 and the parent did not express an intent to
return for the child.
24 (b) An emergency
medical service or ambulance service which takes
25 possession of a child under this section
shall perform any act necessary
26 to protect the physical health or safety of
the child.
27 (c) Not later
than the close of the first business day after the date on
28 which an emergency medical service or
ambulance service takes posses-
29 sion of a child, the service shall notify
the department of social and re-
30 habilitation services that the service has
taken possession of the child.
31 (d) The
department of social and rehabilitation services shall assume
32 the care, control and custody of the child
immediately on receipt of notice
33 under subsection (c). A child for whom the
department of social and
34 rehabilitation services assumes care,
control and custody shall be treated
35 as a child taken into possession without a
court order, and the department
36 shall take action as required by article 15
of chapter 38 of the Kansas
37 Statutes Annotated, and amendments thereto,
with regard to the child.
38 Sec. 3. K.S.A. 1999 Supp.
38-1583 is hereby repealed.
39 Sec. 4. This act shall
take effect and be in force from and after its
40 publication in the statute book.