State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16214

38-2234

Chapter 38.--MINORS
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2234.   Pleadings.(a) Filing and contents of petition. (1) Apetitionfiled to commence an actionpursuant to this code shall be filed with the clerk of the district court andshall state, if known:

      (A)   The name, date of birth and residence address of the child;

      (B)   the name and residence address of the child's parents;

      (C)   the name and address of the child's nearest known relative if no parentcan be found;

      (D)   the name and residence address of any persons having custody or controlof the child; and

      (E)   plainly and concisely in the language of the statutory definition, thebasis for the petition.

      (2)   The petition shall also state the specific facts which are relied upon tosupport theallegation referred to in the preceding paragraph including any known dates,times and locations.

      (3)   The proceedings shall be entitled: "In the Interest of ______________."

      (4)   The petition shall contain a request that the court find the child to bea child in need ofcare.

      (5)   The petition shall contain a request that the parent or parents beordered to pay childsupport. The request for child support may be omitted with respect to a parentalready ordered to paychild support for the child and shall be omitted with respect to one or bothparents upon writtenrequest of the secretary.

      (6)   If the petition requests custody of the child to the secretary or aperson other than the child's parent, the petition shall specify the effortsknown to the petitioner to have been made to maintain the family and preventthe transfer of custody, or it shall specify the facts demonstrating that anemergency exists which threatens the safety to the child.

      (7)   If the petition requests removal of the child from the child's home, inaddition to the information required byK.S.A. 2009 Supp.38-2234 (a)(6), andamendmentsthereto, the petition shall specify the facts demonstrating that allowing thechild to remain in the home would be contrary to the welfare of the child orthat placement is in the best interests of the child and the child is likely tosustain harm if not removed from the home.

      (8)   The petition shall contain the following statement: "If you do not appearin court the courtwill be making decisions without your input which could result in:

      (A)   The permanent or temporary removal of the child from the custody of theparent orpresent legal guardian;

      (B)   an order requiring one or both parents to pay child support until thepermanenttermination of one or both of the parents parental rights;

      (C)   the permanent termination of one or both of the parents parental rights;and

      (D)   the appointment of a permanent custodian for the child.

      If you cannot attend the hearing you may send a written response to thepetition to the clerkof the court."

      (9)   The petition shall contain the following statement: "You may receivefurther notices ofother hearings, proceedings and actions in this case which you may attend.These notices will besent to you by first class mail to your last known address or an address youprovide to the court. Itis your responsibility to keep the court informed of your current address."

      (b)   Motions. Motions may be made orally or in writing. The motionshall state withparticularity the grounds for the motion and shall state the relief or ordersought.

      History:   L. 2006, ch. 200, § 29; Jan. 1, 2007.

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16214

38-2234

Chapter 38.--MINORS
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2234.   Pleadings.(a) Filing and contents of petition. (1) Apetitionfiled to commence an actionpursuant to this code shall be filed with the clerk of the district court andshall state, if known:

      (A)   The name, date of birth and residence address of the child;

      (B)   the name and residence address of the child's parents;

      (C)   the name and address of the child's nearest known relative if no parentcan be found;

      (D)   the name and residence address of any persons having custody or controlof the child; and

      (E)   plainly and concisely in the language of the statutory definition, thebasis for the petition.

      (2)   The petition shall also state the specific facts which are relied upon tosupport theallegation referred to in the preceding paragraph including any known dates,times and locations.

      (3)   The proceedings shall be entitled: "In the Interest of ______________."

      (4)   The petition shall contain a request that the court find the child to bea child in need ofcare.

      (5)   The petition shall contain a request that the parent or parents beordered to pay childsupport. The request for child support may be omitted with respect to a parentalready ordered to paychild support for the child and shall be omitted with respect to one or bothparents upon writtenrequest of the secretary.

      (6)   If the petition requests custody of the child to the secretary or aperson other than the child's parent, the petition shall specify the effortsknown to the petitioner to have been made to maintain the family and preventthe transfer of custody, or it shall specify the facts demonstrating that anemergency exists which threatens the safety to the child.

      (7)   If the petition requests removal of the child from the child's home, inaddition to the information required byK.S.A. 2009 Supp.38-2234 (a)(6), andamendmentsthereto, the petition shall specify the facts demonstrating that allowing thechild to remain in the home would be contrary to the welfare of the child orthat placement is in the best interests of the child and the child is likely tosustain harm if not removed from the home.

      (8)   The petition shall contain the following statement: "If you do not appearin court the courtwill be making decisions without your input which could result in:

      (A)   The permanent or temporary removal of the child from the custody of theparent orpresent legal guardian;

      (B)   an order requiring one or both parents to pay child support until thepermanenttermination of one or both of the parents parental rights;

      (C)   the permanent termination of one or both of the parents parental rights;and

      (D)   the appointment of a permanent custodian for the child.

      If you cannot attend the hearing you may send a written response to thepetition to the clerkof the court."

      (9)   The petition shall contain the following statement: "You may receivefurther notices ofother hearings, proceedings and actions in this case which you may attend.These notices will besent to you by first class mail to your last known address or an address youprovide to the court. Itis your responsibility to keep the court informed of your current address."

      (b)   Motions. Motions may be made orally or in writing. The motionshall state withparticularity the grounds for the motion and shall state the relief or ordersought.

      History:   L. 2006, ch. 200, § 29; Jan. 1, 2007.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16214

38-2234

Chapter 38.--MINORS
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2234.   Pleadings.(a) Filing and contents of petition. (1) Apetitionfiled to commence an actionpursuant to this code shall be filed with the clerk of the district court andshall state, if known:

      (A)   The name, date of birth and residence address of the child;

      (B)   the name and residence address of the child's parents;

      (C)   the name and address of the child's nearest known relative if no parentcan be found;

      (D)   the name and residence address of any persons having custody or controlof the child; and

      (E)   plainly and concisely in the language of the statutory definition, thebasis for the petition.

      (2)   The petition shall also state the specific facts which are relied upon tosupport theallegation referred to in the preceding paragraph including any known dates,times and locations.

      (3)   The proceedings shall be entitled: "In the Interest of ______________."

      (4)   The petition shall contain a request that the court find the child to bea child in need ofcare.

      (5)   The petition shall contain a request that the parent or parents beordered to pay childsupport. The request for child support may be omitted with respect to a parentalready ordered to paychild support for the child and shall be omitted with respect to one or bothparents upon writtenrequest of the secretary.

      (6)   If the petition requests custody of the child to the secretary or aperson other than the child's parent, the petition shall specify the effortsknown to the petitioner to have been made to maintain the family and preventthe transfer of custody, or it shall specify the facts demonstrating that anemergency exists which threatens the safety to the child.

      (7)   If the petition requests removal of the child from the child's home, inaddition to the information required byK.S.A. 2009 Supp.38-2234 (a)(6), andamendmentsthereto, the petition shall specify the facts demonstrating that allowing thechild to remain in the home would be contrary to the welfare of the child orthat placement is in the best interests of the child and the child is likely tosustain harm if not removed from the home.

      (8)   The petition shall contain the following statement: "If you do not appearin court the courtwill be making decisions without your input which could result in:

      (A)   The permanent or temporary removal of the child from the custody of theparent orpresent legal guardian;

      (B)   an order requiring one or both parents to pay child support until thepermanenttermination of one or both of the parents parental rights;

      (C)   the permanent termination of one or both of the parents parental rights;and

      (D)   the appointment of a permanent custodian for the child.

      If you cannot attend the hearing you may send a written response to thepetition to the clerkof the court."

      (9)   The petition shall contain the following statement: "You may receivefurther notices ofother hearings, proceedings and actions in this case which you may attend.These notices will besent to you by first class mail to your last known address or an address youprovide to the court. Itis your responsibility to keep the court informed of your current address."

      (b)   Motions. Motions may be made orally or in writing. The motionshall state withparticularity the grounds for the motion and shall state the relief or ordersought.

      History:   L. 2006, ch. 200, § 29; Jan. 1, 2007.