Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2241.Additional parties.(a) Jurisdiction of the court. Parties andinterested parties in a child in need of care proceedings are subject to thejurisdiction of the court.
(b) Rights of parties. Subject to the authority of the court torule on the admissibility of evidenceand provide for the orderly conduct of the proceedings, the rights of partiesto participate in a childin need of care proceeding include, but are not limited to:
(1) Notice in accordance withK.S.A. 2009 Supp.38-2236 and 38-2239, andamendments thereto;
(2) present oral or written evidence and argument, to call andcross-examine witnesses; and
(3) representation by an attorney in accordance withK.S.A. 2009 Supp.38-2205, andamendmentsthereto.
(c) Grandparents as interested parties. (1) A grandparent of thechild shall be made an interested party to a childin need of careproceeding if the grandparent notifies the court of such grandparent's desiretobecome an interestedparty. Notification may be made in writing, orally or by appearance at theinitial or asubsequent hearing on the child in need of care petition.
(2) Grandparents with interested party status shall have the participatoryrights of partiespursuant to subsection (b), except that the court mayrestrict those rightsif the court finds that it would be in the best interests of the child.Agrandparent may not be prevented under this paragraph from attending theproceedings,having access to the child's official file in the court records or making astatement to thecourt.
(d) Persons with whom the child has been residing as interestedparties. (1) Any person with whom the child has resided for a significantperiod oftime within sixmonths of the date the child in need of care petition is filed shall be made aninterested party,if such person notifies the court of such person's desire to become aninterestedparty. Notificationmay be made in writing, orally or by appearance at the initial or a subsequenthearing on thechild in need of care petition.
(2) Persons with interested party status under this subsection shall havethe participatoryrights of parties pursuant to subsection (b), except thatthe court mayrestrict those rights if the court finds that it would be in the best interestsof the child.
(e) Other interested parties. (1) Any person with whom the childhas resided at any time, who is withinthe fourth degreeof relationship to the child, or to whom the child has close emotional tiesmay, upon motion,be made an interested party if the court determines that it is in the bestinterests of the child.
(2) Any other person or Indian tribe seeking to intervene that is not aparty may, upon motion, be made an interested party if thecourt determinesthat the person or tribe has a sufficient relationship with the child towarrantinterested party statusor that the person's or tribe's participation would be beneficial to theproceedings.
(3) The court may, upon its own motion, make any person an interested partyif the courtdetermines that interested party status would be in the best interests of thechild.
(f) Procedure for determining, denying or terminating interested partystatus. (1) Upon the request of the court, the secretary shallinvestigate theadvisability of grantinginterested party status under this section and report findings andrecommendations to thecourt.
(2) The court may deny or terminate interested party status under thissubsection if the courtdetermines, after notice and a hearing, that a person does not qualifyfor interested party status or that there is good cause to deny or terminateinterested party status.
(3) A person who is denied interested party status or whose status as aninterested party hasbeen terminated may petition for review of the denial or termination by thechief judge of thedistrict in which the court having jurisdiction over the child in need of careproceeding islocated, or a judge designated by the chief judge. The chief judge or thechief judge'sdesignee shall review the denial or termination within 30 days of receiving thepetition. Thechild in need of care proceeding shall not be stayed pending resolution of thepetition forreview.
History: L. 2006, ch. 200, § 36;L. 2008, ch. 169, § 6; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2241.Additional parties.(a) Jurisdiction of the court. Parties andinterested parties in a child in need of care proceedings are subject to thejurisdiction of the court.
(b) Rights of parties. Subject to the authority of the court torule on the admissibility of evidenceand provide for the orderly conduct of the proceedings, the rights of partiesto participate in a childin need of care proceeding include, but are not limited to:
(1) Notice in accordance withK.S.A. 2009 Supp.38-2236 and 38-2239, andamendments thereto;
(2) present oral or written evidence and argument, to call andcross-examine witnesses; and
(3) representation by an attorney in accordance withK.S.A. 2009 Supp.38-2205, andamendmentsthereto.
(c) Grandparents as interested parties. (1) A grandparent of thechild shall be made an interested party to a childin need of careproceeding if the grandparent notifies the court of such grandparent's desiretobecome an interestedparty. Notification may be made in writing, orally or by appearance at theinitial or asubsequent hearing on the child in need of care petition.
(2) Grandparents with interested party status shall have the participatoryrights of partiespursuant to subsection (b), except that the court mayrestrict those rightsif the court finds that it would be in the best interests of the child.Agrandparent may not be prevented under this paragraph from attending theproceedings,having access to the child's official file in the court records or making astatement to thecourt.
(d) Persons with whom the child has been residing as interestedparties. (1) Any person with whom the child has resided for a significantperiod oftime within sixmonths of the date the child in need of care petition is filed shall be made aninterested party,if such person notifies the court of such person's desire to become aninterestedparty. Notificationmay be made in writing, orally or by appearance at the initial or a subsequenthearing on thechild in need of care petition.
(2) Persons with interested party status under this subsection shall havethe participatoryrights of parties pursuant to subsection (b), except thatthe court mayrestrict those rights if the court finds that it would be in the best interestsof the child.
(e) Other interested parties. (1) Any person with whom the childhas resided at any time, who is withinthe fourth degreeof relationship to the child, or to whom the child has close emotional tiesmay, upon motion,be made an interested party if the court determines that it is in the bestinterests of the child.
(2) Any other person or Indian tribe seeking to intervene that is not aparty may, upon motion, be made an interested party if thecourt determinesthat the person or tribe has a sufficient relationship with the child towarrantinterested party statusor that the person's or tribe's participation would be beneficial to theproceedings.
(3) The court may, upon its own motion, make any person an interested partyif the courtdetermines that interested party status would be in the best interests of thechild.
(f) Procedure for determining, denying or terminating interested partystatus. (1) Upon the request of the court, the secretary shallinvestigate theadvisability of grantinginterested party status under this section and report findings andrecommendations to thecourt.
(2) The court may deny or terminate interested party status under thissubsection if the courtdetermines, after notice and a hearing, that a person does not qualifyfor interested party status or that there is good cause to deny or terminateinterested party status.
(3) A person who is denied interested party status or whose status as aninterested party hasbeen terminated may petition for review of the denial or termination by thechief judge of thedistrict in which the court having jurisdiction over the child in need of careproceeding islocated, or a judge designated by the chief judge. The chief judge or thechief judge'sdesignee shall review the denial or termination within 30 days of receiving thepetition. Thechild in need of care proceeding shall not be stayed pending resolution of thepetition forreview.
History: L. 2006, ch. 200, § 36;L. 2008, ch. 169, § 6; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2241.Additional parties.(a) Jurisdiction of the court. Parties andinterested parties in a child in need of care proceedings are subject to thejurisdiction of the court.
(b) Rights of parties. Subject to the authority of the court torule on the admissibility of evidenceand provide for the orderly conduct of the proceedings, the rights of partiesto participate in a childin need of care proceeding include, but are not limited to:
(1) Notice in accordance withK.S.A. 2009 Supp.38-2236 and 38-2239, andamendments thereto;
(2) present oral or written evidence and argument, to call andcross-examine witnesses; and
(3) representation by an attorney in accordance withK.S.A. 2009 Supp.38-2205, andamendmentsthereto.
(c) Grandparents as interested parties. (1) A grandparent of thechild shall be made an interested party to a childin need of careproceeding if the grandparent notifies the court of such grandparent's desiretobecome an interestedparty. Notification may be made in writing, orally or by appearance at theinitial or asubsequent hearing on the child in need of care petition.
(2) Grandparents with interested party status shall have the participatoryrights of partiespursuant to subsection (b), except that the court mayrestrict those rightsif the court finds that it would be in the best interests of the child.Agrandparent may not be prevented under this paragraph from attending theproceedings,having access to the child's official file in the court records or making astatement to thecourt.
(d) Persons with whom the child has been residing as interestedparties. (1) Any person with whom the child has resided for a significantperiod oftime within sixmonths of the date the child in need of care petition is filed shall be made aninterested party,if such person notifies the court of such person's desire to become aninterestedparty. Notificationmay be made in writing, orally or by appearance at the initial or a subsequenthearing on thechild in need of care petition.
(2) Persons with interested party status under this subsection shall havethe participatoryrights of parties pursuant to subsection (b), except thatthe court mayrestrict those rights if the court finds that it would be in the best interestsof the child.
(e) Other interested parties. (1) Any person with whom the childhas resided at any time, who is withinthe fourth degreeof relationship to the child, or to whom the child has close emotional tiesmay, upon motion,be made an interested party if the court determines that it is in the bestinterests of the child.
(2) Any other person or Indian tribe seeking to intervene that is not aparty may, upon motion, be made an interested party if thecourt determinesthat the person or tribe has a sufficient relationship with the child towarrantinterested party statusor that the person's or tribe's participation would be beneficial to theproceedings.
(3) The court may, upon its own motion, make any person an interested partyif the courtdetermines that interested party status would be in the best interests of thechild.
(f) Procedure for determining, denying or terminating interested partystatus. (1) Upon the request of the court, the secretary shallinvestigate theadvisability of grantinginterested party status under this section and report findings andrecommendations to thecourt.
(2) The court may deny or terminate interested party status under thissubsection if the courtdetermines, after notice and a hearing, that a person does not qualifyfor interested party status or that there is good cause to deny or terminateinterested party status.
(3) A person who is denied interested party status or whose status as aninterested party hasbeen terminated may petition for review of the denial or termination by thechief judge of thedistrict in which the court having jurisdiction over the child in need of careproceeding islocated, or a judge designated by the chief judge. The chief judge or thechief judge'sdesignee shall review the denial or termination within 30 days of receiving thepetition. Thechild in need of care proceeding shall not be stayed pending resolution of thepetition forreview.
History: L. 2006, ch. 200, § 36;L. 2008, ch. 169, § 6; July 1.
