State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16217

38-2237

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

      38-2237.   Service of process.Summons, notice of hearings andother process maybe served by one of the following methods:

      (a)   Personal and residenceservice. Personal andresidence service is completed by service in substantial compliance with theprovisions of K.S.A. 60-303, and amendments thereto. Personal service upon anindividual outside thestate shall be made in substantial compliance with the applicable provisions ofK.S.A. 60-308, and amendmentsthereto.

      (b)   Service by return receipt delivery. Service by returnreceipt delivery is completed uponmailing or sending only in accordance with the provisions of subsection (c) ofK.S.A. 60-303, and amendments thereto.

      (c)   First class mail service. Service may be made by first classmail, addressed to the individualto be served at the usual place of residence of the person with postageprepaid, and is completedupon the person appearing before the court in response thereto. If the personfails to appear, thesummons, notice or other process shall be delivered by personal service,residential service,certified mail service or publication service.

      (d)   Service upon confined parent. If a parent of a child who isthe subject of proceedings underthis code is confined in a state or federal penal institution, state or federalhospital or otherinstitution, service shall be made by return receipt delivery to addresseeonly to both the person in charge of the institution and theconfined parent in care of the person in charge of the institution or thatperson's designee. Personal service on a confined parent whoispresent in thecourtroom cures any defect in notice to the person in charge of theinstitution.

      (e)   Service by publication. If service cannot be completed afterdue diligence using anyother method provided in this section, service may be made by publication inaccordance withthis subsection. Before service by publication, the petitioner, or someone onbehalf of the petitioner, shall file an affidavit which shall state the affianthas made an attempt, but unsuccessful, with due diligence to ascertain thenames or residences, or both, of the persons. The notice shall be publishedonce a week for two consecutive weeks in the newspaper authorized to publishlegal notices in the county where the petition is filed. If a parent cannotbe served by othermeans and due diligence has revealed with substantial certainty that the parentis residing in a particular locality, publication shall also be in a newspaperauthorized to publish legal notices in that locality.

      History:   L. 2006, ch. 200, § 32;L. 2007, ch. 36, § 1;L. 2008, ch. 169, § 5; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16217

38-2237

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

      38-2237.   Service of process.Summons, notice of hearings andother process maybe served by one of the following methods:

      (a)   Personal and residenceservice. Personal andresidence service is completed by service in substantial compliance with theprovisions of K.S.A. 60-303, and amendments thereto. Personal service upon anindividual outside thestate shall be made in substantial compliance with the applicable provisions ofK.S.A. 60-308, and amendmentsthereto.

      (b)   Service by return receipt delivery. Service by returnreceipt delivery is completed uponmailing or sending only in accordance with the provisions of subsection (c) ofK.S.A. 60-303, and amendments thereto.

      (c)   First class mail service. Service may be made by first classmail, addressed to the individualto be served at the usual place of residence of the person with postageprepaid, and is completedupon the person appearing before the court in response thereto. If the personfails to appear, thesummons, notice or other process shall be delivered by personal service,residential service,certified mail service or publication service.

      (d)   Service upon confined parent. If a parent of a child who isthe subject of proceedings underthis code is confined in a state or federal penal institution, state or federalhospital or otherinstitution, service shall be made by return receipt delivery to addresseeonly to both the person in charge of the institution and theconfined parent in care of the person in charge of the institution or thatperson's designee. Personal service on a confined parent whoispresent in thecourtroom cures any defect in notice to the person in charge of theinstitution.

      (e)   Service by publication. If service cannot be completed afterdue diligence using anyother method provided in this section, service may be made by publication inaccordance withthis subsection. Before service by publication, the petitioner, or someone onbehalf of the petitioner, shall file an affidavit which shall state the affianthas made an attempt, but unsuccessful, with due diligence to ascertain thenames or residences, or both, of the persons. The notice shall be publishedonce a week for two consecutive weeks in the newspaper authorized to publishlegal notices in the county where the petition is filed. If a parent cannotbe served by othermeans and due diligence has revealed with substantial certainty that the parentis residing in a particular locality, publication shall also be in a newspaperauthorized to publish legal notices in that locality.

      History:   L. 2006, ch. 200, § 32;L. 2007, ch. 36, § 1;L. 2008, ch. 169, § 5; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16217

38-2237

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

      38-2237.   Service of process.Summons, notice of hearings andother process maybe served by one of the following methods:

      (a)   Personal and residenceservice. Personal andresidence service is completed by service in substantial compliance with theprovisions of K.S.A. 60-303, and amendments thereto. Personal service upon anindividual outside thestate shall be made in substantial compliance with the applicable provisions ofK.S.A. 60-308, and amendmentsthereto.

      (b)   Service by return receipt delivery. Service by returnreceipt delivery is completed uponmailing or sending only in accordance with the provisions of subsection (c) ofK.S.A. 60-303, and amendments thereto.

      (c)   First class mail service. Service may be made by first classmail, addressed to the individualto be served at the usual place of residence of the person with postageprepaid, and is completedupon the person appearing before the court in response thereto. If the personfails to appear, thesummons, notice or other process shall be delivered by personal service,residential service,certified mail service or publication service.

      (d)   Service upon confined parent. If a parent of a child who isthe subject of proceedings underthis code is confined in a state or federal penal institution, state or federalhospital or otherinstitution, service shall be made by return receipt delivery to addresseeonly to both the person in charge of the institution and theconfined parent in care of the person in charge of the institution or thatperson's designee. Personal service on a confined parent whoispresent in thecourtroom cures any defect in notice to the person in charge of theinstitution.

      (e)   Service by publication. If service cannot be completed afterdue diligence using anyother method provided in this section, service may be made by publication inaccordance withthis subsection. Before service by publication, the petitioner, or someone onbehalf of the petitioner, shall file an affidavit which shall state the affianthas made an attempt, but unsuccessful, with due diligence to ascertain thenames or residences, or both, of the persons. The notice shall be publishedonce a week for two consecutive weeks in the newspaper authorized to publishlegal notices in the county where the petition is filed. If a parent cannotbe served by othermeans and due diligence has revealed with substantial certainty that the parentis residing in a particular locality, publication shall also be in a newspaperauthorized to publish legal notices in that locality.

      History:   L. 2006, ch. 200, § 32;L. 2007, ch. 36, § 1;L. 2008, ch. 169, § 5; July 1.