Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2248.Stipulations and no conteststatements.(a) In any proceedings under thiscode, parents, persons with whom the child has been residingpursuant to subsection (d) ofK.S.A. 2009 Supp.38-2241, and amendmentsthereto, and guardians ad litem may stipulateor enter no contest statementsto all or part of the allegations in the petition.
(b) Prior to the acceptance of any stipulation or no contest statement,other thanto names, ages,parentage or other preliminary matters, the court shall ask each of thepersons listed in subsection (a) thefollowing questions:
(1) Do you understand that you have a right to a hearing on the allegationscontained in thepetition
(2) Do you understand that you may be represented by an attorney and, if youare a parentand financially unable to employ an attorney, the court will appoint anattorney for you, if you sorequest
(3) One of the following: (A) Do you understand that a stipulation is anadmission that thestatements in the petition are true or (B) Do you understand that a no conteststatement neither admitsnor denies the statement in the petition but allows the court to find that thestatements in the petitionare true
(4) Do you understand that, if the court accepts your stipulation or nocontest statement,you will not be able to appeal that finding, the court may find the child to bea child in need of careand the court will then make further orders as to the care, custody andsupervision of the child
(5) Do you understand that, if the court finds the child to be a child inneed of care, thecourt is not bound by any agreement or recommendation of the parties as todisposition andplacement of the child
(c) Before accepting a stipulation the court shall find that there is afactual basis for thestipulation.
(d) Before an adjudication based on a no contest statement, the court shallfind from a profferof evidence that there is a factual basis.
(e) In proceedings other than termination of parental rights proceedingsunder this codeif all persons listed in subsection (a) do not stipulate or enter nocontest statements, thecourt shall hear evidence as to those persons, if they are present. Thecase may proceed by proffer as to persons not present, unless they appear bycounsel and have instructed counsel to object.
(f) In evidentiary hearings for termination of parental rights under thiscode, the case may proceed by proffer as to parties not present, unless theyappear by counsel and have instructed counsel to object.
History: L. 2006, ch. 200, § 43;L. 2008, ch. 169, § 10; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2248.Stipulations and no conteststatements.(a) In any proceedings under thiscode, parents, persons with whom the child has been residingpursuant to subsection (d) ofK.S.A. 2009 Supp.38-2241, and amendmentsthereto, and guardians ad litem may stipulateor enter no contest statementsto all or part of the allegations in the petition.
(b) Prior to the acceptance of any stipulation or no contest statement,other thanto names, ages,parentage or other preliminary matters, the court shall ask each of thepersons listed in subsection (a) thefollowing questions:
(1) Do you understand that you have a right to a hearing on the allegationscontained in thepetition
(2) Do you understand that you may be represented by an attorney and, if youare a parentand financially unable to employ an attorney, the court will appoint anattorney for you, if you sorequest
(3) One of the following: (A) Do you understand that a stipulation is anadmission that thestatements in the petition are true or (B) Do you understand that a no conteststatement neither admitsnor denies the statement in the petition but allows the court to find that thestatements in the petitionare true
(4) Do you understand that, if the court accepts your stipulation or nocontest statement,you will not be able to appeal that finding, the court may find the child to bea child in need of careand the court will then make further orders as to the care, custody andsupervision of the child
(5) Do you understand that, if the court finds the child to be a child inneed of care, thecourt is not bound by any agreement or recommendation of the parties as todisposition andplacement of the child
(c) Before accepting a stipulation the court shall find that there is afactual basis for thestipulation.
(d) Before an adjudication based on a no contest statement, the court shallfind from a profferof evidence that there is a factual basis.
(e) In proceedings other than termination of parental rights proceedingsunder this codeif all persons listed in subsection (a) do not stipulate or enter nocontest statements, thecourt shall hear evidence as to those persons, if they are present. Thecase may proceed by proffer as to persons not present, unless they appear bycounsel and have instructed counsel to object.
(f) In evidentiary hearings for termination of parental rights under thiscode, the case may proceed by proffer as to parties not present, unless theyappear by counsel and have instructed counsel to object.
History: L. 2006, ch. 200, § 43;L. 2008, ch. 169, § 10; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2248.Stipulations and no conteststatements.(a) In any proceedings under thiscode, parents, persons with whom the child has been residingpursuant to subsection (d) ofK.S.A. 2009 Supp.38-2241, and amendmentsthereto, and guardians ad litem may stipulateor enter no contest statementsto all or part of the allegations in the petition.
(b) Prior to the acceptance of any stipulation or no contest statement,other thanto names, ages,parentage or other preliminary matters, the court shall ask each of thepersons listed in subsection (a) thefollowing questions:
(1) Do you understand that you have a right to a hearing on the allegationscontained in thepetition
(2) Do you understand that you may be represented by an attorney and, if youare a parentand financially unable to employ an attorney, the court will appoint anattorney for you, if you sorequest
(3) One of the following: (A) Do you understand that a stipulation is anadmission that thestatements in the petition are true or (B) Do you understand that a no conteststatement neither admitsnor denies the statement in the petition but allows the court to find that thestatements in the petitionare true
(4) Do you understand that, if the court accepts your stipulation or nocontest statement,you will not be able to appeal that finding, the court may find the child to bea child in need of careand the court will then make further orders as to the care, custody andsupervision of the child
(5) Do you understand that, if the court finds the child to be a child inneed of care, thecourt is not bound by any agreement or recommendation of the parties as todisposition andplacement of the child
(c) Before accepting a stipulation the court shall find that there is afactual basis for thestipulation.
(d) Before an adjudication based on a no contest statement, the court shallfind from a profferof evidence that there is a factual basis.
(e) In proceedings other than termination of parental rights proceedingsunder this codeif all persons listed in subsection (a) do not stipulate or enter nocontest statements, thecourt shall hear evidence as to those persons, if they are present. Thecase may proceed by proffer as to persons not present, unless they appear bycounsel and have instructed counsel to object.
(f) In evidentiary hearings for termination of parental rights under thiscode, the case may proceed by proffer as to parties not present, unless theyappear by counsel and have instructed counsel to object.
History: L. 2006, ch. 200, § 43;L. 2008, ch. 169, § 10; July 1.
