CHAPTER 174 HOUSE BILL No. 2838 An Act concerning children and minors; concerning the health, safety and welfare thereof;
amending K.S.A. 21-3604, 38-102, 38-614, 38-1529 and K.S.A. 1999 Supp. 38-1583 and
38-1585 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      New Section  1. As used in this act:

      (a) ``Artistic or creative services'' includes, but is not limited to, serv-
ices as an actor, actress, dancer, musician, comedian, singer, stunt-person,
voice-over artist or other performer or entertainer, or as a song writer,
musical producer or arranger, writer, director, producer, production ex-
ecutive, choreographer, composer, conductor or designer.

      (b) ``Casting agency'' means an agency that provides one or more
performers for a fee.

      (c) ``Gross earnings'' means an amount of $5,000 or more paid di-
rectly to the minor pursuant to the contract, including the payment of
any advances to the minor pursuant to the contract, but excluding de-
ductions to offset those advances or other expenses incurred by the em-
ployer pursuant to the contract.

      (d) ``Minor child'' means any unemancipated child in the period of
minority as defined in K.S.A. 38-101, and amendments thereto.

      New Sec.  2. (a) No infant under the age of one month may be em-
ployed on any motion picture set or location unless a licensed physician
and surgeon who is board-certified in pediatrics provides written certifi-
cation that the infant is at least 15 days old and, in the physician's medical
opinion, the infant was carried to full term, was of normal birth weight,
is physically capable of handling the stress of filmmaking and the infant's
lungs, eyes, heart and immune system are sufficiently developed to with-
stand the potential risks.

      (b) Any parent, guardian or employer of a minor child and any officer
or agent of an employer of a minor child, who directly or indirectly violates
subsection (a) or who causes or permits a violation of subsection (a), with
respect to that minor child, is guilty of a class B misdemeanor.

      New Sec.  3. The earnings and accumulations of a minor child related
to a contract of a type described in section 4, and amendments thereto,
shall remain the sole legal property of the minor child.

      New Sec.  4. This section applies to the following contracts entered
into on or after January 1, 2001, between a minor child and any third-
party or parties:

      (a) A contract pursuant to which a person is employed or agrees to
render artistic or creative services, either directly or through a third party,
including, but not limited to, a personal services corporation.

      (b) A contract pursuant to which a person agrees to: (1) Purchase or
otherwise secure, sell, lease, license or otherwise dispose of literary, mu-
sical or dramatic properties, or use of a person's likeness, voice recording,
performance or story of or incidents in such person's life, either tangible
or intangible or any rights therein to use in motion pictures, television,
the production of sound recordings in any format now known or hereafter
devised, the legitimate or living stage, or otherwise in the entertainment
field.

      (c) A contract pursuant to which a person is employed or agrees to
render services as a participant or player in a sport.

      (d) Where a minor child renders services as an extra, background
performer or in a similar capacity, through a casting agency, the casting
agency or service shall be considered the minor child's employer for the
purposes of this act.

      New Sec.  5. (a) A contract, otherwise valid, of a type described in
section 4, and amendments thereto, entered into during one's minority,
cannot be disaffirmed on that ground, either during the minority of the
person entering into the contract or at any time thereafter, if the contract
has been approved by the district court in any county in which the minor
resides or is employed or in which any party to the contract has its prin-
cipal office in this state for the transaction of business.

      (b) Approval of the district court may be given upon petition of any
party to the contract, after such reasonable notice to all other parties to
the contract as is fixed by the district court, with opportunity for such
other parties to appear and be heard.

      (c) Approval of the district court given under this section extends to
the whole of the contract and all of its terms and provisions, including,
but not limited to, any optional or conditional provisions contained in the
contract for extension, prolongation or termination of the term of the
contract.

      (d) For the purposes of any proceeding under this act, a parent or
legal guardian entitled to the physical custody, care and control of the
minor child at the time of the proceeding shall be considered the minor
child's guardian ad litem for the proceeding, unless the district court shall
determine that appointment of a different individual as guardian ad litem
is required in the best interests of the minor child.

      New Sec.  6. (a) A parent or guardian, as the case may be, entitled to
the physical custody, care and control of a minor child who enters into a
contract of a type described in section 4, and amendments thereto, shall
provide a certified copy of the minor child's birth certificate indicating
the minor child's minority to the other party or parties to the contract,
and in addition, in the case of a guardian, a certified copy of the court
document appointing the person as the minor child's legal guardian.

      (b)  (1) Notwithstanding any other statute, in an order approving a
minor child's contract of a type described in section 4, and amendments
thereto, the court shall require that 15% of the minor child's gross earn-
ings pursuant to the contract be set aside by the minor child's employer
and preserved for the benefit of the minor child, either in a trust fund or
other savings plan approved by the district court.

      (2) The district court shall require that at least one parent or legal
guardian entitled to the physical custody, care and control of the minor
child at the time the order is issued be appointed as trustee of the funds
ordered to be set aside for the benefit of the minor child, unless the
district court shall determine that appointment of a different individual,
individuals, entity or entities as trustee or trustees is required in the best
interest of the minor child.

      (3) The trustee or trustees of the funds ordered to be set aside shall
promptly provide the minor child's employer with the name, address and
telephone number of the financial institution where the funds will be
held, the name of the account, the number of the account, the name of
the minor child beneficiary, the name of the trustee or trustees of the
account and any additional information needed by the minor child's em-
ployer to deposit into the account the portion of the minor child's gross
earnings in accordance with the order. The trustee or trustees shall attach
to the written statement a true and accurate photocopy of any information
received from the financial institution confirming the creation of the ac-
count, such as an account agreement, account terms, passbook or other
similar writings.

      (4) The minor child's employer shall deposit or disburse the funds as
required by the order within 15 business days of receiving the order and
receiving from the trustee or trustees the account information required
by this section. Notwithstanding any other statute, pending receipt of the
trustee's statement, the minor's employer shall hold for the benefit of the
minor the percentage ordered by the court of the minor's gross earnings
pursuant to the contract.

      (5) When making the initial deposit of funds pursuant to the order,
the minor child's employer shall provide the financial institution with a
copy of the order.

      (6) Once the minor child's employer deposits the set aside funds into
a trust fund or other savings plan approved by the district court, the minor
child's employer shall have no further obligation or duty to monitor or
account for the funds. The trustee or trustees of the trust fund or other
savings plan shall be the only individual, individuals, entity or entities with
the obligation or duty to monitor and account for those funds once they
have been deposited by the minor child's employer. The trustee or trus-
tees shall do an annual accounting of the funds held in trust, in an account
or other savings plan, in accordance with K.S.A. 59-1606, and amend-
ments thereto.

      (7) The district court shall have continuing jurisdiction over the trust
fund or other savings plan established pursuant to the order and may at
any time, on good cause shown, order that the trust fund or other savings
plan be amended or terminated, notwithstanding the provisions of the
declaration of trust or other savings plan. If the beneficiary is a minor
child, an order amending or terminating a trust fund or other savings plan
may be made only after reasonable notice to the beneficiary, to the parent
or guardian, if any, and to the trustee or trustees of the funds, with op-
portunity for all parties to appear and be heard.

      (8) The trustee or trustees of the funds ordered to be set aside shall
promptly notify the minor child's employer in writing of any change in
facts that affect the employer's obligation or ability to set aside the funds
in accordance with the order, including, but not limited to, a change of
financial institution or account number or the existence of a new or
amended order issued pursuant to paragraph (b)(7) amending or termi-
nating the employer's obligations under the original order. The written
notification shall include the information set forth in paragraph (b)(3) and
shall be accompanied by a true and accurate photocopy of the new or
amended order.

      (9) A parent or legal guardian, as the case may be, entitled to the
physical custody, care and control of the minor child, the minor child
through a guardian ad litem or the trustee or trustees, may at any time
petition the court to request an increase in the percentage of gross earn-
ings that are set aside for the benefit of the minor child.

      (c)  (1) Notwithstanding any other statute, for any minor child's con-
tract of a type described in section 4, and amendments thereto, that is
not being submitted for approval by the district court pursuant to section
4, and amendments thereto, or for which the district court has issued a
final order denying approval, 15% of the minor child's gross earnings
pursuant to the contract shall be set aside by the minor child's employer
either in a trust fund or other savings plan and preserved for the benefit
of the minor child in accordance with section 7, and amendments thereto.
At least one parent or legal guardian, as the case may be, entitled to the
physical custody, care and control of the minor, shall be the trustee of
the funds set aside for the benefit of the minor, unless the court, upon
petition by the parent or legal guardian, the minor, through the minor
child's guardian ad litem, or the trustee or trustees of the trust, shall
determine that appointment of a different individual, individuals, entity
or entities as trustee or trustees is required in the best interest of the
minor.

      (2) A parent or guardian, as the case may be, entitled to the physical
custody, care and control of the minor child, shall promptly provide the
minor child's employer with a true and accurate photocopy of the trustee's
statement and attachments pursuant to subsection (c) of section 7, and
amendments thereto, and in addition, in the case of a guardian, a certified
copy of the district court document appointing the person as the minor
child's legal guardian.

      (3) The minor child's employer shall deposit 15% of the minor child's
gross earnings pursuant to the contract within 15 business days of receiv-
ing the trustee's statement and attachments pursuant to subsection (c) of
section 7, and amendments thereto, or if the district court denies approval
of the contract, within 15 business days of receiving a final order denying
approval of the contract. Notwithstanding any other statute, pending re-
ceipt of the trustee's statement and attachments or the final district court
order, the minor child's employer shall hold for the benefit of the minor
child the 15% of the minor child's gross earnings pursuant to the contract.

      (4) Once the minor child's employer deposits the set aside funds into
a trust fund or other savings plan pursuant to section 7, and amendments
thereto, the minor child's employer shall have no further obligation or
duty to monitor or account for the funds. The trustee or trustees of the
trust fund or other savings plan shall be the only individual, individuals,
entity or entities with the obligation or duty to monitor and account for
these funds once they have been deposited by the minor child's employer.
The trustee or trustees shall do an annual accounting of the funds held
in trust, in an account or other savings plan, in accordance with K.S.A.
59-1606, and amendments thereto.

      (5) The district court, in any county in which the minor child resides
or in which the trust fund or other savings plan is established, at any time,
on good cause shown, may order that the trust fund or other savings plan
be amended or terminated, notwithstanding the provisions of the decla-
ration of trust or other savings plan upon petition by the parent or legal
guardian, the minor through a guardian ad litem or the trustee or trustees.
If the beneficiary is a minor child, an order amending or terminating a
trust fund or other savings plan may be made only after reasonable notice
to the beneficiary, to the parent or guardian, if any, and to the trustee or
trustees of the funds, with opportunity for all parties to appear and be
heard.

      (6) A parent or guardian, entitled to the physical custody, care and
control of the minor child, shall promptly notify the minor child's em-
ployer in writing of any change in facts that affect the employer's obli-
gation or ability to set aside funds for the benefit of the minor child in
accordance with this section, including, but not limited to, a change of
financial institution or account number or the existence of a new or
amended order issued pursuant to paragraph (c)(5) amending or termi-
nating the employer's obligations under this section. The written notifi-
cation shall be accompanied by a true and accurate photocopy of the
trustee's statement and attachments pursuant to subsection (c) of section
7, and amendments thereto, or a true and accurate photocopy of the new
or amended order.

      (d) Where a parent or guardian is entitled to the physical custody,
care and control of a minor child who enters into a contract of a type
described in section 4, and amendments thereto, the relationship between
the parent or guardian and the minor child is a fiduciary relationship that
is governed by the law of trust, whether or not a district court has issued
a formal order to that effect. With respect to all earnings and accumu-
lations of the minor child under the contract, the parent or guardian shall
pay all liabilities incurred by the minor child under the contract, includ-
ing, but not limited to, payments for taxes on all earnings, including taxes
on the amounts set aside under subsections (b) and (c) of this section,
and payments for personal or professional services rendered to the minor
child or the business related to the contract. Nothing in this subdivision
shall be construed to alter any other existing responsibilities of a parent
or legal guardian to provide for the support of a minor child.

      New Sec.  7. (a) A parent or legal guardian entitled to the physical
custody, care and control of the minor child shall establish a trust fund
or other savings plan pursuant to this section at a bank, savings and loan
institution, credit union or brokerage firm or company registered under
the investment company act of 1940 within seven business days after the
minor child's contract is signed by the minor child and the employer,
unless a similar trust fund or other savings plan has been previously es-
tablished for the purpose of preserving for the benefit of the minor child
the portion of the minor child's gross earnings pursuant to paragraph (1)
of subsection (b) of section 6, and amendments thereto, or the contract
described by paragraph (1) of subsection (c) of section 6, and amend-
ments thereto. At least one parent or guardian shall be the trustee of the
trust fund or other savings plan for the benefit of the minor child.

      (b) Except as otherwise provided in this section, prior to the date on
which the beneficiary of the trust funds or other savings plan attains 18
years of age or the issuance of a declaration of right of majority of the
minor child under K.S.A. 38-109, and amendments thereto, no with-
drawal by the beneficiary may be made of funds on deposit in the trust
fund or other savings plan without written order of the district court
pursuant to paragraph (7) of subsection (b) or paragraph (5) of subsection
(c) of section 6, and amendments thereto. Upon reaching 18 years of age,
or obtaining the issuance of a declaration of right of majority under K.S.A.
38-109, and amendments thereto, the beneficiary may withdraw the funds
on deposit in the trust fund or other savings plan only after providing a
certified copy of the beneficiary's birth certificate to the financial insti-
tution where the trust fund or other savings plan is located.

      (c) The trustee or trustees shall prepare a written statement within
10 business days after the minor's contract is signed by the minor and the
employer, under penalty of perjury, that shall include the name, address
and telephone number of the financial institution, the name of the ac-
count, the number of the account, the name of the minor child benefi-
ciary, the name of the trustee or trustees of the account and any additional
information needed by the minor child's employer to deposit into the
account the portion of the minor child's gross earnings prescribed by
paragraph (1) of subsection (b) or paragraph (1) of subsection (c) of sec-
tion 6, and amendments thereto. The trustee or trustees shall attach to
the written statement a true and accurate photocopy of any information
received from the financial institution confirming the creation of the ac-
count, such as an account agreement, account terms, passbook or other
similar writings.

      (d) If the trust fund or other savings plan is established in the United
States, it shall be established either with a financial institution that is and
remains insured at all times by the federal deposit insurance corporation,
the securities investor protection corporation, or the national credit union
share insurance fund or their respective successors or with a company
that is and remains registered under the investment company act of 1940.
If the trust fund or other savings plan is established outside the United
States, the financial institution shall be a first-class international bank.
The trustee or trustees of the trust fund or other savings plan shall be
the only individual, individuals, entity or entities with the obligation or
duty to ensure that the funds remain in a financial institution insured in
accordance with this section.

      (e) Upon application by the trustee or trustees to the financial insti-
tution or company where the trust fund or other savings plan is held, the
trust funds may be handled by the trustee or trustees in any of the fol-
lowing methods:

      (1) The trustee or trustees may transfer funds to another account at
the same financial institution or company, provided that the funds trans-
ferred shall continue to be subject to this act.

      (2) The trustee or trustees may transfer funds to another financial
institution or company, provided that the funds transferred shall continue
to be subject to this act and that the trustee or trustees have provided
written notification to the financial institution or company to which the
funds will be transferred that the funds are subject to this section and
written notice of the requirements of this act.

      (3) The trustee or trustees may use all or a part of the funds to pur-
chase, in the name of and for the benefit of the minor child: (A) Mutual
funds offered by a company registered under the investment company
act of 1940, so long as those mutual funds are broad-based index funds
or invest broadly across the domestic or a foreign regional economy and
are not sector funds or with a company that is and remains registered
under the investment company act of 1940 as authorized by this section;
or (B) government securities and bonds, certificates of deposit, money
market instruments, money market accounts or mutual funds investing
solely in those government securities and bonds, certificates, instruments
and accounts that are available at the financial institution where the trust
fund or other savings plan is held, so long as that the funds remain in
trust at a financial institution insured by the federal deposit insurance
corporation, the securities investor protection corporation, or the national
credit union share insurance fund if within the United States, or main-
tained in a first-class international bank if not within the United States,
if those purchases have a maturity date on or before the date upon which
the minor child will attain 18 years of age, and any proceeds accruing
from those purchases will be redeposited into that account or accounts
or used to further purchase any of those or similar securities, bonds,
certificates, instruments, funds or accounts.

      New Sec.  8. The state department of human resources may adopt
rules and regulations setting out standards for minor children on motion
picture sets as may be necessary to protect the safety and well being of
minor children and to carry out the purposes of this act.

      Sec.  9. K.S.A. 38-102 is hereby amended to read as follows: 38-102.
Except as otherwise provided in sections 1 through 8, and amendments
thereto, a minor is bound not only by contracts for necessaries, but also
by his the minor's other contracts, unless he the minor disaffirms them
within a reasonable time after he the minor attains his the minor's ma-
jority, and restores to the other party all money or property received by
him the minor by virtue of the contract and remaining within his the
minor's control at any time after his the minor attaining his the minor's
majority.

      Sec.  10. K.S.A. 38-614 is hereby amended to read as follows: 38-614.
For the purposes of article 6 of chapter 38 of the Kansas Statutes An-
notated, or acts amendatory thereto or supplementary thereof and
amendments thereto, the following shall not be considered employment:

      (1) Children employed by their parents in nonhazardous occupations;

      (2) domestic service;

      (3) casual labor in or around a private home;

      (4) delivery or messenger work;

      (5) delivering or distributing newspapers or shopping news;

      (6) agricultural, horticultural, livestock or dairying pursuits and em-
ployments incident thereto; and

      (7) except as provided by sections 1 through 8, and amendments
thereto, children employed as actors, actresses or performers in motion
pictures, theatrical, radio or television productions.

      Such exempt services shall not be performed by a child attending
school during hours in which the public school is in session in the district
in which such child resides.

      New Sec.  11. (a) This section shall be known and may be cited as
the newborn infant protection act.

      (b) A parent or other person having lawful custody of an infant which
is 45 days old or younger and which has not suffered bodily harm may
surrender physical custody of the infant to any employee who is on duty
at a fire station, city or county health department or medical care facility
as defined by K.S.A. 65-425, and amendments thereto. Such employee
shall take physical custody of an infant surrendered pursuant to this sec-
tion.

      (c) As soon as possible after a person takes physical custody of an
infant under this section, such person shall notify a local law enforcement
agency that the person has taken physical custody of an infant pursuant
to this section. Upon receipt of such notice a law enforcement officer
from such law enforcement agency shall take custody of the infant as an
abandoned child. The law enforcement agency shall deliver the infant to
a facility or person designated by the secretary of the department of social
and rehabilitation services pursuant to K.S.A. 38-1528, and amendments
thereto.

      (d) Any person, city or county or agency thereof or medical care fa-
cility taking physical custody of an infant surrendered pursuant to this
section shall perform any act necessary to protect the physical health or
safety of the infant, and shall be immune from liability for any injury to
the infant that may result therefrom.

      (e) Upon request, all medical records of said infant shall be made
available to the department of social and rehabilitation services and given
to person awarded custody of said infant. The medical facility providing
such records shall be immune from liability for their release.

      Sec.  12. K.S.A. 21-3604 is hereby amended to read as follows: 21-
3604. (a) Abandonment of a child is the leaving of a child under the age
of 16 years, in a place where such child may suffer because of neglect,
by the parent, guardian or other person to whom the care and custody of
such child shall have been entrusted, when done with intent to abandon
such child.

      Abandonment of a child is a severity level 8, person felony.

      (b) No parent or other person having lawful custody of an infant shall
be prosecuted for a violation of this section, if such parent or person
surrenders custody of an infant in the manner provided by section 11,
and amendments thereto, and if such infant has not suffered bodily harm.

      Sec.  13. K.S.A. 38-1529 is hereby amended to read as follows: 38-
1529. (a) Whenever the state department of social and rehabilitation serv-
ices or any other person refers a case to the county or district attorney
for the purpose of filing a petition alleging that a child is a child in need
of care, the county or district attorney shall review the facts and recom-
mendations of the department and any other evidence available and make
a determination whether or not the circumstances warrant the filing of
the petition.

      (b) Any individual may file a petition alleging a child is a child in need
of care and the individual may be represented by the individual's own
attorney in the presentation of the case.

      (c) When a petition is filed alleging an infant surrendered pursuant
to section 11, and amendments thereto, is a child in need of care, the
petition shall include a request that the court find that reintegration is
not a viable alternative. Such petition also shall include a request to ter-
minate the parental rights of the parents of such infant. An expedited
hearing shall be granted on any petition filed pursuant to this subsection.

      Sec.  14. K.S.A. 1999 Supp. 38-1583 is hereby amended to read as
follows: 38-1583. (a) When the child has been adjudicated to be a child
in need of care, the court may terminate parental rights when the court
finds by clear and convincing evidence that the parent is unfit by reason
of conduct or condition which renders the parent unable to care properly
for a child and the conduct or condition is unlikely to change in the
foreseeable future.

      (b) In making a determination hereunder the court shall consider,
but is not limited to, the following, if applicable:

      (1) Emotional illness, mental illness, mental deficiency or physical
disability of the parent, of such duration or nature as to render the parent
unlikely to care for the ongoing physical, mental and emotional needs of
the child;

      (2) conduct toward a child of a physically, emotionally or sexually
cruel or abusive nature;

      (3) excessive use of intoxicating liquors or narcotic or dangerous
drugs;

      (4) physical, mental or emotional neglect of the child;

      (5) conviction of a felony and imprisonment;

      (6) unexplained injury or death of another child or stepchild of the
parent;

      (7) reasonable efforts by appropriate public or private child caring
agencies have been unable to rehabilitate the family; and

      (8) lack of effort on the part of the parent to adjust the parent's cir-
cumstances, conduct or conditions to meet the needs of the child.

      (c) In addition to the foregoing, when a child is not in the physical
custody of a parent, the court, in proceedings concerning the termination
of parental rights, shall also consider, but is not limited to the following:

      (1) Failure to assure care of the child in the parental home when able
to do so;

      (2) failure to maintain regular visitation, contact or communication
with the child or with the custodian of the child;

      (3) failure to carry out a reasonable plan approved by the court di-
rected toward the integration of the child into the parental home; and

      (4) failure to pay a reasonable portion of the cost of substitute physical
care and maintenance based on ability to pay.

      In making the above determination, the court may disregard incidental
visitations, contacts, communications or contributions.

      (d) The rights of the parents may be terminated as provided in this
section if the court finds that the parents have abandoned the child, the
custody of the child was surrendered pursuant to section 11, and amend-
ments thereto, or the child was left under such circumstances that the
identity of the parents is unknown and cannot be ascertained, despite
diligent searching, and the parents have not come forward to claim the
child within three months after the child is found.

      (e) The existence of any one of the above standing alone may, but
does not necessarily, establish grounds for termination of parental rights.
The determination shall be based on an evaluation of all factors which
are applicable. In considering any of the above factors for terminating the
rights of a parent, the court shall give primary consideration to the phys-
ical, mental or emotional condition and needs of the child. If presented
to the court and subject to the provisions of K.S.A. 60-419, and amend-
ments thereto, the court shall consider as evidence testimony from a
person licensed to practice medicine and surgery, a licensed psychologist
or a licensed social worker expressing an opinion relating to the physical,
mental or emotional condition and needs of the child. The court shall
consider any such testimony only if the licensed professional providing
such testimony is subject to cross-examination.

      (f) A termination of parental rights under the Kansas code for care
of children shall not terminate the right of the child to inherit from or
through the parent. Upon such termination, all the rights of birth parents
to such child, including their right to inherit from or through such child,
shall cease.

      (g) If, after finding the parent unfit, the court determines a compel-
ling reason why it is not in the best interests of the child to terminate
parental rights or upon agreement of the parents, the court may award
permanent guardianship to an individual providing care for the child, a
relative or other person with whom the child has a close emotional at-
tachment. Prior to awarding permanent guardianship, the court shall re-
ceive and consider an assessment as provided in K.S.A. 59-2132 and
amendments thereto of any potential permanent guardian. Upon appoint-
ment of a permanent guardian, the court shall enter an order discharging
the child from the court's jurisdiction.

      (h) If a parent is convicted of an offense as provided in subsection
(7) of K.S.A. 38-1585 and amendments thereto or is adjudicated a juvenile
offender because of an act which if committed by an adult would be an
offense as provided in subsection (7) of K.S.A. 38-1585 and amendments
thereto, and if the victim was the other parent of a child, the court may
disregard such convicted or adjudicated parent's opinions or wishes in
regard to the placement of such child.

      Sec.  15. K.S.A. 1999 Supp. 38-1585 is hereby amended to read as
follows: 38-1585. (a) It is presumed in the manner provided in K.S.A. 60-
414 and amendments thereto that a parent is unfit by reason of conduct
or condition which renders the parent unable to fully care for a child, if
the state establishes by clear and convincing evidence that:

      (1) A parent has previously been found to be an unfit parent in pro-
ceedings under K.S.A. 38-1581 et seq. and amendments thereto, or com-
parable proceedings under the laws of another state, or the federal gov-
ernment;

      (2) a parent has twice before been convicted of a crime specified in
article 34, 35, or 36 of chapter 21 of the Kansas Statutes Annotated, or
comparable offenses under the laws of another state, the federal govern-
ment or any foreign government, or an attempt or attempts to commit
such crimes and the victim was under the age of 18 years;

      (3) on two or more prior occasions a child in the physical custody of
the parent has been adjudicated a child in need of care as defined by
subsection (a)(3) of K.S.A. 38-1502 and amendments thereto;

      (4) the parent has been convicted of causing the death of another
child or stepchild of the parent;

      (5) the child has been in an out-of-home placement, other than kin-
ship care, under court order for a cumulative total period of one year or
longer and the parent has substantially neglected or willfully refused to
carry out a reasonable plan, approved by the court, directed toward re-
integration of the child into the parental home;

      (6)  (1) (A) the child has been in an out-of-home placement, other
than kinship care, under court order for a cumulative total period of two
years or longer; (2) (B) the parent has failed to carry out a reasonable
plan, approved by the court, directed toward reintegration of the child
into the parental home; and (3) (C) there is a substantial probability that
the parent will not carry out such plan in the near future; or

      (7) a parent has been convicted of capital murder, K.S.A. 21-3439
and amendments thereto, murder in the first degree, K.S.A. 21-3401 and
amendments thereto, murder in the second degree, K.S.A. 21-3402 and
amendments thereto or voluntary manslaughter, K.S.A. 21-3403 and
amendments thereto, or if a juvenile has been adjudicated a juvenile of-
fender because of an act which if committed by an adult would be an
offense as provided in this subsection, and the victim of such murder was
the other parent of the child.; or

      (8) the parent has been granted immunity from prosecution for aban-
donment of such child under subsection (b) of K.S.A. 21-3604, and amend-
ments thereto.

      (b) The burden of proof is on the parent to rebut the presumption.
If a parent has been convicted of capital murder, K.S.A. 21-3439 and
amendments thereto or murder in the first degree, K.S.A. 21-3401 and
amendments thereto as provided in subsection (a)(7), the burden of proof
is on the parent to rebut the presumption by clear and convincing evi-
dence. In the absence of proof that the parent is presently fit and able to
care for the child or that the parent will be fit and able to care for the
child in the foreseeable future, the court shall now terminate the parents
parental rights in proceedings pursuant to K.S.A. 38-1581 et seq. and
amendments thereto.

 Sec.  16. K.S.A. 21-3604, 38-102, 38-614 and 38-1529 and K.S.A.
1999 Supp. 38-1583 and 38-1585 are hereby repealed.

 Sec.  17. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 16, 2000.
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