Brief⁽¹⁾

S.B. 355 permits a permanent guardian to be appointed after a finding of parent unfitness or with the consent and agreement of the parents. Upon appointment of the permanent guardian, the bill provides that the child in need of care proceeding shall be dismissed. The bill clarifies that, when parental rights are not terminated, the parents continue to have financial responsibility for the child. The length of time a child may be taken into protective custody under the child in need of care code is expanded from 48 to 72 hours excluding weekends and holidays. The bill also provides that no hearing is necessary to find the parents unfit, terminate parental rights, or appoint a permanent guardian when the parents relinquish their rights or agree to the appointment of a permanent guardian.

Background

The bill was supported by a representative of the Department of Social and Rehabilitation Services (SRS) and the Children's Alliance for Kansas. Proponents said the change from 48 to 72 hours would give SRS an added day to do background investigations and to identify resources for the child and would result in a reduction of the number of children being placed in SRS custody.

The bill would have no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html