Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2203.Jurisdiction; age of child,presumptions.(a) Proceedings concerning any child who may be a child inneed of care shallbe governed by this code, except in those instances when the court knows orhas reason to know that an Indian child is involved in the proceeding, in whichcase, the Indian childwelfare act of 1978 (25 U.S.C. §1901 et seq.) applies. The Indian childwelfare act may applyto: The filing to initiate a child inneed of care proceeding (K.S.A. 2009 Supp.38-2234, and amendments thereto); exparte custodyorders (K.S.A. 2009 Supp.38-2242, and amendments thereto);temporary custody hearing (K.S.A. 2009 Supp.38-2243, and amendments thereto);adjudication(K.S.A. 2009 Supp.38-2247, and amendments thereto); burden ofproof (K.S.A. 2009 Supp.38-2250, and amendments thereto); disposition (K.S.A.2009 Supp. 38-2255, and amendments thereto); permanency hearings (K.S.A. 2009Supp. 38-2264,and amendments thereto);termination of parental rights (K.S.A. 2009 Supp.38-2267, 38-2268 and 38-2269,and amendmentsthereto);establishment ofpermanent custodianship (K.S.A. 2009 Supp.38-2268 and 38-2272, and amendmentsthereto); theplacement of a child in anyfoster, pre-adoptive and adoptive homeand the placement of a child in a guardianship arrangement under chapter 59,article 30 of the Kansas Statutes Annotated, and amendments thereto.
(b) Subject to the uniform child custody jurisdiction and enforcement act,K.S.A. 38-1336through 38-1377, and amendments thereto, the district court shall have originaljurisdiction ofproceedings pursuant to this code.
(c) The court acquires jurisdiction over a child by the filing of a petitionpursuant to this codeor upon issuance of an ex parte order pursuant toK.S.A. 2009 Supp.38-2242, andamendments thereto. When thecourt acquires jurisdiction over a child in need of care, jurisdiction maycontinue until the child has: (1)Become 18 years of age, or until June 1 of the school year during which thechild became 18 years of age if the child is still attending high schoolunless there is no court approved transition plan, in which eventjurisdiction may continue until a transition plan is approved bythe court or until the child reaches the age of 21;(2) been adopted; or (3) been discharged bythe court. Any child18 years of age or over may request, in writing to the court, that thejurisdiction of the court cease.The court shall give notice of the request to all parties and interestedparties and 30 days after receiptof the request, jurisdiction will cease.
(d) When it is no longer appropriate for the court to exercise jurisdictionover a child, thecourt, upon its own motion or the motion of a party or interested party at ahearing or uponagreement of all parties or interested parties, shall enter an orderdischarging the child.Except upon request of the child pursuant to subsection (c),the court shall not enteran order discharging a childuntil June 1 of the school year during which the child becomes 18 years of ageif the child is in an out-of-home placement, is still attending high school andhas not completed the child's highschooleducation.
(e) When a petition is filed under this code, a person who is alleged to beunder 18 yearsof age shall be presumed to be under that age for the purposes of this code,unless the contrary isproved.
History: L. 2006, ch. 200, § 3;L. 2008, ch. 169, § 2;L. 2009, ch. 99, § 2; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2203.Jurisdiction; age of child,presumptions.(a) Proceedings concerning any child who may be a child inneed of care shallbe governed by this code, except in those instances when the court knows orhas reason to know that an Indian child is involved in the proceeding, in whichcase, the Indian childwelfare act of 1978 (25 U.S.C. §1901 et seq.) applies. The Indian childwelfare act may applyto: The filing to initiate a child inneed of care proceeding (K.S.A. 2009 Supp.38-2234, and amendments thereto); exparte custodyorders (K.S.A. 2009 Supp.38-2242, and amendments thereto);temporary custody hearing (K.S.A. 2009 Supp.38-2243, and amendments thereto);adjudication(K.S.A. 2009 Supp.38-2247, and amendments thereto); burden ofproof (K.S.A. 2009 Supp.38-2250, and amendments thereto); disposition (K.S.A.2009 Supp. 38-2255, and amendments thereto); permanency hearings (K.S.A. 2009Supp. 38-2264,and amendments thereto);termination of parental rights (K.S.A. 2009 Supp.38-2267, 38-2268 and 38-2269,and amendmentsthereto);establishment ofpermanent custodianship (K.S.A. 2009 Supp.38-2268 and 38-2272, and amendmentsthereto); theplacement of a child in anyfoster, pre-adoptive and adoptive homeand the placement of a child in a guardianship arrangement under chapter 59,article 30 of the Kansas Statutes Annotated, and amendments thereto.
(b) Subject to the uniform child custody jurisdiction and enforcement act,K.S.A. 38-1336through 38-1377, and amendments thereto, the district court shall have originaljurisdiction ofproceedings pursuant to this code.
(c) The court acquires jurisdiction over a child by the filing of a petitionpursuant to this codeor upon issuance of an ex parte order pursuant toK.S.A. 2009 Supp.38-2242, andamendments thereto. When thecourt acquires jurisdiction over a child in need of care, jurisdiction maycontinue until the child has: (1)Become 18 years of age, or until June 1 of the school year during which thechild became 18 years of age if the child is still attending high schoolunless there is no court approved transition plan, in which eventjurisdiction may continue until a transition plan is approved bythe court or until the child reaches the age of 21;(2) been adopted; or (3) been discharged bythe court. Any child18 years of age or over may request, in writing to the court, that thejurisdiction of the court cease.The court shall give notice of the request to all parties and interestedparties and 30 days after receiptof the request, jurisdiction will cease.
(d) When it is no longer appropriate for the court to exercise jurisdictionover a child, thecourt, upon its own motion or the motion of a party or interested party at ahearing or uponagreement of all parties or interested parties, shall enter an orderdischarging the child.Except upon request of the child pursuant to subsection (c),the court shall not enteran order discharging a childuntil June 1 of the school year during which the child becomes 18 years of ageif the child is in an out-of-home placement, is still attending high school andhas not completed the child's highschooleducation.
(e) When a petition is filed under this code, a person who is alleged to beunder 18 yearsof age shall be presumed to be under that age for the purposes of this code,unless the contrary isproved.
History: L. 2006, ch. 200, § 3;L. 2008, ch. 169, § 2;L. 2009, ch. 99, § 2; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2203.Jurisdiction; age of child,presumptions.(a) Proceedings concerning any child who may be a child inneed of care shallbe governed by this code, except in those instances when the court knows orhas reason to know that an Indian child is involved in the proceeding, in whichcase, the Indian childwelfare act of 1978 (25 U.S.C. §1901 et seq.) applies. The Indian childwelfare act may applyto: The filing to initiate a child inneed of care proceeding (K.S.A. 2009 Supp.38-2234, and amendments thereto); exparte custodyorders (K.S.A. 2009 Supp.38-2242, and amendments thereto);temporary custody hearing (K.S.A. 2009 Supp.38-2243, and amendments thereto);adjudication(K.S.A. 2009 Supp.38-2247, and amendments thereto); burden ofproof (K.S.A. 2009 Supp.38-2250, and amendments thereto); disposition (K.S.A.2009 Supp. 38-2255, and amendments thereto); permanency hearings (K.S.A. 2009Supp. 38-2264,and amendments thereto);termination of parental rights (K.S.A. 2009 Supp.38-2267, 38-2268 and 38-2269,and amendmentsthereto);establishment ofpermanent custodianship (K.S.A. 2009 Supp.38-2268 and 38-2272, and amendmentsthereto); theplacement of a child in anyfoster, pre-adoptive and adoptive homeand the placement of a child in a guardianship arrangement under chapter 59,article 30 of the Kansas Statutes Annotated, and amendments thereto.
(b) Subject to the uniform child custody jurisdiction and enforcement act,K.S.A. 38-1336through 38-1377, and amendments thereto, the district court shall have originaljurisdiction ofproceedings pursuant to this code.
(c) The court acquires jurisdiction over a child by the filing of a petitionpursuant to this codeor upon issuance of an ex parte order pursuant toK.S.A. 2009 Supp.38-2242, andamendments thereto. When thecourt acquires jurisdiction over a child in need of care, jurisdiction maycontinue until the child has: (1)Become 18 years of age, or until June 1 of the school year during which thechild became 18 years of age if the child is still attending high schoolunless there is no court approved transition plan, in which eventjurisdiction may continue until a transition plan is approved bythe court or until the child reaches the age of 21;(2) been adopted; or (3) been discharged bythe court. Any child18 years of age or over may request, in writing to the court, that thejurisdiction of the court cease.The court shall give notice of the request to all parties and interestedparties and 30 days after receiptof the request, jurisdiction will cease.
(d) When it is no longer appropriate for the court to exercise jurisdictionover a child, thecourt, upon its own motion or the motion of a party or interested party at ahearing or uponagreement of all parties or interested parties, shall enter an orderdischarging the child.Except upon request of the child pursuant to subsection (c),the court shall not enteran order discharging a childuntil June 1 of the school year during which the child becomes 18 years of ageif the child is in an out-of-home placement, is still attending high school andhas not completed the child's highschooleducation.
(e) When a petition is filed under this code, a person who is alleged to beunder 18 yearsof age shall be presumed to be under that age for the purposes of this code,unless the contrary isproved.
History: L. 2006, ch. 200, § 3;L. 2008, ch. 169, § 2;L. 2009, ch. 99, § 2; July 1.
