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Session of 2000
          SENATE BILL No. 652           By Committee on Federal and State Affairs           3-2          

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10             AN  ACT concerning infants; enacting the newborn infant protection act;
11             amending K.S.A. 21-3604 and K.S.A. 1999 Supp. 38-1585 and repeal-
12             ing the existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             New Section  1. (a) This section shall be known and may be cited as
16       the newborn infant protection act.
17             (b) A parent or other person having lawful custody of an infant which
18       is 45 days old or younger and which has not suffered bodily harm may
19       surrender physical custody of the infant to any employee who is on duty
20       at a fire station, city or county health department, hospital emergency
21       room or other health care facility. Such employee shall take physical cus-
22       tody of an infant surrendered pursuant to this section unless the person
23       surrendering physical custody of the infant clearly expresses an intent to
24       return for the infant.
25             (c) A person taking physical custody of an infant pursuant to this
26       section shall perform any act necessary to protect the physical health or
27       safety of the infant, and shall be immune from liability for any injury to
28       the infant that may result therefrom.
29             (d) As soon as possible after a person takes physical custody of an
30       infant under this section, such person shall notify the department of social
31       and rehabilitation services that the person has taken physical custody of
32       an infant pursuant to this section. The department shall assume the care,
33       control and custody of the infant immediately on receipt of such notice.
34       An infant taken into custody under this section shall be treated as an
35       infant taken into physical custody without a court order, and the depart-
36       ment immediately shall file a petition to terminate the parental rights of
37       the parents of such infant pursuant to K.S.A. 38-1581 et seq., and amend-
38       ments thereto. An expedited hearing shall be granted on any petition filed
39       pursuant to this subsection.
40             Sec.  2. K.S.A. 21-3604 is hereby amended to read as follows: 21-
41       3604. (a) Abandonment of a child is the leaving of a child under the age
42       of 16 years, in a place where such child may suffer because of neglect,
43       by the parent, guardian or other person to whom the care and custody of

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  1       such child shall have been entrusted, when done with intent to abandon
  2       such child.
  3             Abandonment of a child is a severity level 8, person felony.
  4             (b) No parent or other person having lawful custody of an infant shall
  5       be prosecuted for a violation of this section, if such parent or person
  6       surrenders custody of an infant in the manner provided by section 1, and
  7       amendments thereto, and if such infant has not suffered bodily harm.
  8             Sec.  3. K.S.A. 1999 Supp. 38-1585 is hereby amended to read as
  9       follows: 38-1585. (a) It is presumed in the manner provided in K.S.A. 60-
10       414 and amendments thereto that a parent is unfit by reason of conduct
11       or condition which renders the parent unable to fully care for a child, if
12       the state establishes by clear and convincing evidence that:
13             (1) A parent has previously been found to be an unfit parent in pro-
14       ceedings under K.S.A. 38-1581 et seq. and amendments thereto, or com-
15       parable proceedings under the laws of another state, or the federal
16       government;
17             (2) a parent has twice before been convicted of a crime specified in
18       article 34, 35, or 36 of chapter 21 of the Kansas Statutes Annotated, or
19       comparable offenses under the laws of another state, the federal govern-
20       ment or any foreign government, or an attempt or attempts to commit
21       such crimes and the victim was under the age of 18 years;
22             (3) on two or more prior occasions a child in the physical custody of
23       the parent has been adjudicated a child in need of care as defined by
24       subsection (a)(3) of K.S.A. 38-1502 and amendments thereto;
25             (4) the parent has been convicted of causing the death of another
26       child or stepchild of the parent;
27             (5) the child has been in an out-of-home placement, other than kin-
28       ship care, under court order for a cumulative total period of one year or
29       longer and the parent has substantially neglected or willfully refused to
30       carry out a reasonable plan, approved by the court, directed toward re-
31       integration of the child into the parental home;
32             (6)  (1) the child has been in an out-of-home placement, other than
33       kinship care, under court order for a cumulative total period of two years
34       or longer; (2) the parent has failed to carry out a reasonable plan, ap-
35       proved by the court, directed toward reintegration of the child into the
36       parental home; and (3) there is a substantial probability that the parent
37       will not carry out such plan in the near future; or
38             (7) a parent has been convicted of capital murder, K.S.A. 21-3439
39       and amendments thereto, murder in the first degree, K.S.A. 21-3401 and
40       amendments thereto, murder in the second degree, K.S.A. 21-3402 and
41       amendments thereto or voluntary manslaughter, K.S.A. 21-3403 and
42       amendments thereto, or if a juvenile has been adjudicated a juvenile of-
43       fender because of an act which if committed by an adult would be an

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  1       offense as provided in this subsection, and the victim of such murder was
  2       the other parent of the child.; or
  3             (8) the parent has been granted immunity from prosecution for aban-
  4       donment of such child under subsection (b) of K.S.A. 21-3604, and amend-
  5       ments thereto.
  6             (b) The burden of proof is on the parent to rebut the presumption.
  7       If a parent has been convicted of capital murder, K.S.A. 21-3439 and
  8       amendments thereto or murder in the first degree, K.S.A. 21-3401 and
  9       amendments thereto as provided in subsection (a)(7), the burden of proof
10       is on the parent to rebut the presumption by clear and convincing evi-
11       dence. In the absence of proof that the parent is presently fit and able to
12       care for the child or that the parent will be fit and able to care for the
13       child in the foreseeable future, the court shall now terminate the parents
14       parental rights in proceedings pursuant to K.S.A. 38-1581 et seq. and
15       amendments thereto. 
16       Sec.  4. K.S.A. 21-3604 and K.S.A. 1999 Supp. 38-1585 are hereby
17       repealed.
18        Sec.  5. This act shall take effect and be in force from and after its
19       publication in the statute book.