State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16235

38-2255

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

      38-2255.   Authorized dispositions.(a) Considerations. Prior to entering anorder of disposition, the court shall give consideration to:

      (1)   The child's physical, mental and emotional condition;

      (2)   the child's need for assistance;

      (3)   the manner in which the parent participated in the abuse, neglect orabandonment ofthe child;

      (4)   any relevant information from the intake and assessment process; and

      (5)   the evidence received at the dispositional hearing.

      (b)   Placement with a parent. The court may place the child in thecustody of either of the child'sparents subject to terms and conditions which the court prescribes to assurethe proper care andprotection of the child, including, but not limited to:

      (1)   Supervision of the child and the parent by a court services officer;

      (2)   participation by the child and the parent in available programsoperated by anappropriate individual or agency; and

      (3)   any special treatment or care which the child needs for the child'sphysical, mentalor emotional health and safety.

      (c)   Removal of a child from custody of a parent. The court shallnot enter an order removing a child from the custody of aparent pursuant to this section unless the court first finds probable causethat: (1)(A) The child is likely to sustain harm if not immediately removedfrom the home;

      (B)   allowing the child to remain in home is contrary to the welfare of thechild; or

      (C)   immediate placement of the child is in the best interest of the child;and

      (2)   reasonable efforts have been made to maintain the family unit and preventthe unnecessary removal of the child from the child's home or that an emergencyexists which threatens the safety to the child.

      (d)   Custody of a child removed from the custody of a parent. Ifthe court has made the findingsrequired by subsection (c), the court shall enter an order awarding custody toarelative of the child or to a person with whom the child has close emotionalties, to any other suitableperson, to a shelter facility, to a youth residential facility or, if thechild is 15 years of age or younger, or 16 or 17 years of age if the childhas no identifiable parental or family resources or shows signs of physical,mental, emotional or sexual abuse,to thesecretary. Custody awarded underthis subsection shall continue until further order of the court.

      (1)   When custody is awarded to the secretary, the secretary shallconsider any placementrecommendation by the court and notify the court of the placement or proposedplacement of the child within 10 days of the order awarding custody.

      (A)   After providing the parties or interested parties notice andopportunity to beheard, the court may determine whether the secretary's placement or proposedplacement is contrary to the welfare or in the best interests of the child. Inmakingthat determination the court shall consider the health and safety needs of thechildand the resources available to meet the needs of children in the custody of thesecretary. If the court determines that the placement or proposed placement iscontrary to the welfare or not in the best interests of the child, the courtshall notifythe secretary, who shall then make an alternative placement.

      (B)   The secretary may propose and the court may order the child to beplaced inthe custody of a parent or parents if the secretary has provided and the courthas approved an appropriate safety action plan which includes services to beprovided. The court may order the parent or parents and the child to performtasks as set out in the safety action plan.

      (2)   The custodian designated under this subsection shall notify the courtin writing atleast 10 days prior to any planned placement with a parent. The writtennotice shallstate the basis for the custodian's belief that placement with a parent is nolongercontrary to the welfare or best interest of the child. Upon reviewing thenotice, the court mayallow thecustodian to proceed with the planned placement or may set the date for ahearing todetermine if the child shall be allowed to return home. If the court sets ahearing onthe matter, the custodian shall not return the child home without writtenconsentofthe court.

      (3)   The court may grant any person reasonable rights to visit thechild upon motion ofthe person and a finding that the visitation rights would be in the bestinterests of thechild.

      (4)   The court may enter an order restraining any alleged perpetrator ofphysical,mental or emotional abuse or sexual abuse of the child from residing in thechild's home;visiting,contacting, harassing or intimidating the child, other family member orwitness; orattempting to visit, contact, harass or intimidate the child, other familymember orwitness. Such restraining order shall be served by personal service pursuanttosubsection (a) ofK.S.A. 2009 Supp.38-2237, and amendments thereto, on anyallegedperpetrator to whom theorderis directed.

      (5)   The court shall provide a copy of any orders entered within 10 daysof entering theorder to the custodian designated under this subsection.

      (e)   Further determinations regarding a child removed from thehome. If custody has been awardedunder subsection (d) to a person other than a parent, a permanency plan shallbe provided or preparedpursuant toK.S.A. 2009 Supp.38-2264, and amendments thereto. If a permanencyplan isprovided at the dispositionalhearing, the court may determine whether reintegration is a viable alternativeor, if reintegration isnot a viable alternative, whether the child should be placed for adoption or apermanent custodianappointed. In determining whether reintegration is a viable alternative, thecourt shall consider:

      (1)   Whether a parent has been found by a court to have committed one ofthe followingcrimes or to have violated the law of another state prohibiting such crimes orto haveaided and abetted, attempted, conspired or solicited the commission of one ofthesecrimes: Murder in the first degree, K.S.A. 21-3401, and amendments thereto,murderin the second degree, K.S.A. 21-3402, and amendments thereto, capital murder,K.S.A. 21-3439, and amendments thereto, voluntary manslaughter, K.S.A.21-3403, and amendments thereto, or a felony battery that resulted in bodilyinjury;

      (2)   whether a parent has subjected the child or another child toaggravated circumstances;

      (3)   whether a parent has previously been found to be an unfit parent inproceedings underthis code or in comparable proceedings under the laws of another state or thefederalgovernment;

      (4)   whether the child has been in extended out of home placement;

      (5)   whether the parents have failed to work diligently towardreintegration;

      (6)   whether the secretary has provided the family with services necessaryfor the safereturn of the child to the home; and

      (7)   whether it is reasonable to expect reintegration to occur within atime frameconsistent with the child's developmental needs.

      (f)   Proceedings if reintegration is not a viable alternative. Ifthe court determines that reintegration is not a viable alternative,proceedings to terminate parental rights and permitplacement of the childfor adoption or appointment of a permanent custodian shall be initiated unlessthe court finds thatcompelling reasons have been documented in the case plan why adoption orappointment of apermanent custodian would not be in the best interests of the child. Ifcompelling reasons have notbeen documented, the county or district attorney shall file a motion within 30days to terminateparental rights or a motion to appoint a permanent custodian within 30 days andthe court shall holda hearing on the motion within 90 days of its filing. No hearing is requiredwhen the parentsvoluntarily relinquish parental rights or consent to the appointment of apermanent custodian.

      (g)   Additional Orders. In addition to or in lieu of any otherorder authorized by this section:

      (1)   The court may order the child and the parents of any child who has beenadjudicateda child in need of care to attend counseling sessions as the court directs. Theexpenseof the counseling may be assessed as an expense in the case. No mental healthprovider shall charge a greater fee for court-ordered counseling than theproviderwould have charged to the person receiving counseling if the person hadrequestedcounseling on the person's own initiative.

      (2)   If the court has reason to believe that a child is before the courtdue, in whole or inpart, to the use or misuse of alcohol or a violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, by the child, a parent of the child, or another personresponsible forthe care of the child, the court may order the child, parent of the child orother personresponsible for the care of the child to submit to and complete an alcohol anddrugevaluation by a qualified person or agency and comply with any recommendations.If the evaluation is performed by a community-based alcohol and drug safetyprogram certified pursuant to K.S.A. 8-1008, and amendments thereto, the child,parent of the child or other person responsible for the care of the child shallpay a feenot to exceed the fee established by that statute. If the court finds that thechild andthose legally liable for the child's support are indigent, the fee may bewaived. In noevent shall the fee be assessed against the secretary.

      (3)   If child support has been requested and the parent or parentshave a duty to supportthe child, the court may order one or both parents to pay child support and,whencustody is awarded to the secretary, the court shall order one or both parentsto paychild support. The court shall determine, for each parent separately, whethertheparent is already subject to an order to pay support for the child. If theparent is notpresently ordered to pay support for any child who is subject to thejurisdiction ofthe court and the court has personal jurisdiction over the parent, the courtshall orderthe parent to pay child support in an amount determined underK.S.A. 2009 Supp.38-2277, and amendments thereto. Except for good cause shown, the court shallissue animmediate income withholding order pursuant to K.S.A. 23-4,105 etseq., andamendments thereto, for each parent ordered to pay support under thissubsection,regardless of whether a payor has been identified for the parent. A parentordered topay child support under this subsection shall be notified, at the hearing orotherwise,that the child support order may be registered pursuant toK.S.A. 2009 Supp.38-2279, and amendments thereto. The parent shall also be informed that, afterregistration,theincome withholding order may be served on the parent's employer without furthernotice to the parent and the child support order may be enforced by any methodallowed by law. Failure to provide this notice shall not affect the validity ofthe childsupport order.

      History:   L. 2006, ch. 200, § 50;L. 2009, ch. 99, § 6;L. 2009, ch. 143, § 16; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16235

38-2255

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

      38-2255.   Authorized dispositions.(a) Considerations. Prior to entering anorder of disposition, the court shall give consideration to:

      (1)   The child's physical, mental and emotional condition;

      (2)   the child's need for assistance;

      (3)   the manner in which the parent participated in the abuse, neglect orabandonment ofthe child;

      (4)   any relevant information from the intake and assessment process; and

      (5)   the evidence received at the dispositional hearing.

      (b)   Placement with a parent. The court may place the child in thecustody of either of the child'sparents subject to terms and conditions which the court prescribes to assurethe proper care andprotection of the child, including, but not limited to:

      (1)   Supervision of the child and the parent by a court services officer;

      (2)   participation by the child and the parent in available programsoperated by anappropriate individual or agency; and

      (3)   any special treatment or care which the child needs for the child'sphysical, mentalor emotional health and safety.

      (c)   Removal of a child from custody of a parent. The court shallnot enter an order removing a child from the custody of aparent pursuant to this section unless the court first finds probable causethat: (1)(A) The child is likely to sustain harm if not immediately removedfrom the home;

      (B)   allowing the child to remain in home is contrary to the welfare of thechild; or

      (C)   immediate placement of the child is in the best interest of the child;and

      (2)   reasonable efforts have been made to maintain the family unit and preventthe unnecessary removal of the child from the child's home or that an emergencyexists which threatens the safety to the child.

      (d)   Custody of a child removed from the custody of a parent. Ifthe court has made the findingsrequired by subsection (c), the court shall enter an order awarding custody toarelative of the child or to a person with whom the child has close emotionalties, to any other suitableperson, to a shelter facility, to a youth residential facility or, if thechild is 15 years of age or younger, or 16 or 17 years of age if the childhas no identifiable parental or family resources or shows signs of physical,mental, emotional or sexual abuse,to thesecretary. Custody awarded underthis subsection shall continue until further order of the court.

      (1)   When custody is awarded to the secretary, the secretary shallconsider any placementrecommendation by the court and notify the court of the placement or proposedplacement of the child within 10 days of the order awarding custody.

      (A)   After providing the parties or interested parties notice andopportunity to beheard, the court may determine whether the secretary's placement or proposedplacement is contrary to the welfare or in the best interests of the child. Inmakingthat determination the court shall consider the health and safety needs of thechildand the resources available to meet the needs of children in the custody of thesecretary. If the court determines that the placement or proposed placement iscontrary to the welfare or not in the best interests of the child, the courtshall notifythe secretary, who shall then make an alternative placement.

      (B)   The secretary may propose and the court may order the child to beplaced inthe custody of a parent or parents if the secretary has provided and the courthas approved an appropriate safety action plan which includes services to beprovided. The court may order the parent or parents and the child to performtasks as set out in the safety action plan.

      (2)   The custodian designated under this subsection shall notify the courtin writing atleast 10 days prior to any planned placement with a parent. The writtennotice shallstate the basis for the custodian's belief that placement with a parent is nolongercontrary to the welfare or best interest of the child. Upon reviewing thenotice, the court mayallow thecustodian to proceed with the planned placement or may set the date for ahearing todetermine if the child shall be allowed to return home. If the court sets ahearing onthe matter, the custodian shall not return the child home without writtenconsentofthe court.

      (3)   The court may grant any person reasonable rights to visit thechild upon motion ofthe person and a finding that the visitation rights would be in the bestinterests of thechild.

      (4)   The court may enter an order restraining any alleged perpetrator ofphysical,mental or emotional abuse or sexual abuse of the child from residing in thechild's home;visiting,contacting, harassing or intimidating the child, other family member orwitness; orattempting to visit, contact, harass or intimidate the child, other familymember orwitness. Such restraining order shall be served by personal service pursuanttosubsection (a) ofK.S.A. 2009 Supp.38-2237, and amendments thereto, on anyallegedperpetrator to whom theorderis directed.

      (5)   The court shall provide a copy of any orders entered within 10 daysof entering theorder to the custodian designated under this subsection.

      (e)   Further determinations regarding a child removed from thehome. If custody has been awardedunder subsection (d) to a person other than a parent, a permanency plan shallbe provided or preparedpursuant toK.S.A. 2009 Supp.38-2264, and amendments thereto. If a permanencyplan isprovided at the dispositionalhearing, the court may determine whether reintegration is a viable alternativeor, if reintegration isnot a viable alternative, whether the child should be placed for adoption or apermanent custodianappointed. In determining whether reintegration is a viable alternative, thecourt shall consider:

      (1)   Whether a parent has been found by a court to have committed one ofthe followingcrimes or to have violated the law of another state prohibiting such crimes orto haveaided and abetted, attempted, conspired or solicited the commission of one ofthesecrimes: Murder in the first degree, K.S.A. 21-3401, and amendments thereto,murderin the second degree, K.S.A. 21-3402, and amendments thereto, capital murder,K.S.A. 21-3439, and amendments thereto, voluntary manslaughter, K.S.A.21-3403, and amendments thereto, or a felony battery that resulted in bodilyinjury;

      (2)   whether a parent has subjected the child or another child toaggravated circumstances;

      (3)   whether a parent has previously been found to be an unfit parent inproceedings underthis code or in comparable proceedings under the laws of another state or thefederalgovernment;

      (4)   whether the child has been in extended out of home placement;

      (5)   whether the parents have failed to work diligently towardreintegration;

      (6)   whether the secretary has provided the family with services necessaryfor the safereturn of the child to the home; and

      (7)   whether it is reasonable to expect reintegration to occur within atime frameconsistent with the child's developmental needs.

      (f)   Proceedings if reintegration is not a viable alternative. Ifthe court determines that reintegration is not a viable alternative,proceedings to terminate parental rights and permitplacement of the childfor adoption or appointment of a permanent custodian shall be initiated unlessthe court finds thatcompelling reasons have been documented in the case plan why adoption orappointment of apermanent custodian would not be in the best interests of the child. Ifcompelling reasons have notbeen documented, the county or district attorney shall file a motion within 30days to terminateparental rights or a motion to appoint a permanent custodian within 30 days andthe court shall holda hearing on the motion within 90 days of its filing. No hearing is requiredwhen the parentsvoluntarily relinquish parental rights or consent to the appointment of apermanent custodian.

      (g)   Additional Orders. In addition to or in lieu of any otherorder authorized by this section:

      (1)   The court may order the child and the parents of any child who has beenadjudicateda child in need of care to attend counseling sessions as the court directs. Theexpenseof the counseling may be assessed as an expense in the case. No mental healthprovider shall charge a greater fee for court-ordered counseling than theproviderwould have charged to the person receiving counseling if the person hadrequestedcounseling on the person's own initiative.

      (2)   If the court has reason to believe that a child is before the courtdue, in whole or inpart, to the use or misuse of alcohol or a violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, by the child, a parent of the child, or another personresponsible forthe care of the child, the court may order the child, parent of the child orother personresponsible for the care of the child to submit to and complete an alcohol anddrugevaluation by a qualified person or agency and comply with any recommendations.If the evaluation is performed by a community-based alcohol and drug safetyprogram certified pursuant to K.S.A. 8-1008, and amendments thereto, the child,parent of the child or other person responsible for the care of the child shallpay a feenot to exceed the fee established by that statute. If the court finds that thechild andthose legally liable for the child's support are indigent, the fee may bewaived. In noevent shall the fee be assessed against the secretary.

      (3)   If child support has been requested and the parent or parentshave a duty to supportthe child, the court may order one or both parents to pay child support and,whencustody is awarded to the secretary, the court shall order one or both parentsto paychild support. The court shall determine, for each parent separately, whethertheparent is already subject to an order to pay support for the child. If theparent is notpresently ordered to pay support for any child who is subject to thejurisdiction ofthe court and the court has personal jurisdiction over the parent, the courtshall orderthe parent to pay child support in an amount determined underK.S.A. 2009 Supp.38-2277, and amendments thereto. Except for good cause shown, the court shallissue animmediate income withholding order pursuant to K.S.A. 23-4,105 etseq., andamendments thereto, for each parent ordered to pay support under thissubsection,regardless of whether a payor has been identified for the parent. A parentordered topay child support under this subsection shall be notified, at the hearing orotherwise,that the child support order may be registered pursuant toK.S.A. 2009 Supp.38-2279, and amendments thereto. The parent shall also be informed that, afterregistration,theincome withholding order may be served on the parent's employer without furthernotice to the parent and the child support order may be enforced by any methodallowed by law. Failure to provide this notice shall not affect the validity ofthe childsupport order.

      History:   L. 2006, ch. 200, § 50;L. 2009, ch. 99, § 6;L. 2009, ch. 143, § 16; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16235

38-2255

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

      38-2255.   Authorized dispositions.(a) Considerations. Prior to entering anorder of disposition, the court shall give consideration to:

      (1)   The child's physical, mental and emotional condition;

      (2)   the child's need for assistance;

      (3)   the manner in which the parent participated in the abuse, neglect orabandonment ofthe child;

      (4)   any relevant information from the intake and assessment process; and

      (5)   the evidence received at the dispositional hearing.

      (b)   Placement with a parent. The court may place the child in thecustody of either of the child'sparents subject to terms and conditions which the court prescribes to assurethe proper care andprotection of the child, including, but not limited to:

      (1)   Supervision of the child and the parent by a court services officer;

      (2)   participation by the child and the parent in available programsoperated by anappropriate individual or agency; and

      (3)   any special treatment or care which the child needs for the child'sphysical, mentalor emotional health and safety.

      (c)   Removal of a child from custody of a parent. The court shallnot enter an order removing a child from the custody of aparent pursuant to this section unless the court first finds probable causethat: (1)(A) The child is likely to sustain harm if not immediately removedfrom the home;

      (B)   allowing the child to remain in home is contrary to the welfare of thechild; or

      (C)   immediate placement of the child is in the best interest of the child;and

      (2)   reasonable efforts have been made to maintain the family unit and preventthe unnecessary removal of the child from the child's home or that an emergencyexists which threatens the safety to the child.

      (d)   Custody of a child removed from the custody of a parent. Ifthe court has made the findingsrequired by subsection (c), the court shall enter an order awarding custody toarelative of the child or to a person with whom the child has close emotionalties, to any other suitableperson, to a shelter facility, to a youth residential facility or, if thechild is 15 years of age or younger, or 16 or 17 years of age if the childhas no identifiable parental or family resources or shows signs of physical,mental, emotional or sexual abuse,to thesecretary. Custody awarded underthis subsection shall continue until further order of the court.

      (1)   When custody is awarded to the secretary, the secretary shallconsider any placementrecommendation by the court and notify the court of the placement or proposedplacement of the child within 10 days of the order awarding custody.

      (A)   After providing the parties or interested parties notice andopportunity to beheard, the court may determine whether the secretary's placement or proposedplacement is contrary to the welfare or in the best interests of the child. Inmakingthat determination the court shall consider the health and safety needs of thechildand the resources available to meet the needs of children in the custody of thesecretary. If the court determines that the placement or proposed placement iscontrary to the welfare or not in the best interests of the child, the courtshall notifythe secretary, who shall then make an alternative placement.

      (B)   The secretary may propose and the court may order the child to beplaced inthe custody of a parent or parents if the secretary has provided and the courthas approved an appropriate safety action plan which includes services to beprovided. The court may order the parent or parents and the child to performtasks as set out in the safety action plan.

      (2)   The custodian designated under this subsection shall notify the courtin writing atleast 10 days prior to any planned placement with a parent. The writtennotice shallstate the basis for the custodian's belief that placement with a parent is nolongercontrary to the welfare or best interest of the child. Upon reviewing thenotice, the court mayallow thecustodian to proceed with the planned placement or may set the date for ahearing todetermine if the child shall be allowed to return home. If the court sets ahearing onthe matter, the custodian shall not return the child home without writtenconsentofthe court.

      (3)   The court may grant any person reasonable rights to visit thechild upon motion ofthe person and a finding that the visitation rights would be in the bestinterests of thechild.

      (4)   The court may enter an order restraining any alleged perpetrator ofphysical,mental or emotional abuse or sexual abuse of the child from residing in thechild's home;visiting,contacting, harassing or intimidating the child, other family member orwitness; orattempting to visit, contact, harass or intimidate the child, other familymember orwitness. Such restraining order shall be served by personal service pursuanttosubsection (a) ofK.S.A. 2009 Supp.38-2237, and amendments thereto, on anyallegedperpetrator to whom theorderis directed.

      (5)   The court shall provide a copy of any orders entered within 10 daysof entering theorder to the custodian designated under this subsection.

      (e)   Further determinations regarding a child removed from thehome. If custody has been awardedunder subsection (d) to a person other than a parent, a permanency plan shallbe provided or preparedpursuant toK.S.A. 2009 Supp.38-2264, and amendments thereto. If a permanencyplan isprovided at the dispositionalhearing, the court may determine whether reintegration is a viable alternativeor, if reintegration isnot a viable alternative, whether the child should be placed for adoption or apermanent custodianappointed. In determining whether reintegration is a viable alternative, thecourt shall consider:

      (1)   Whether a parent has been found by a court to have committed one ofthe followingcrimes or to have violated the law of another state prohibiting such crimes orto haveaided and abetted, attempted, conspired or solicited the commission of one ofthesecrimes: Murder in the first degree, K.S.A. 21-3401, and amendments thereto,murderin the second degree, K.S.A. 21-3402, and amendments thereto, capital murder,K.S.A. 21-3439, and amendments thereto, voluntary manslaughter, K.S.A.21-3403, and amendments thereto, or a felony battery that resulted in bodilyinjury;

      (2)   whether a parent has subjected the child or another child toaggravated circumstances;

      (3)   whether a parent has previously been found to be an unfit parent inproceedings underthis code or in comparable proceedings under the laws of another state or thefederalgovernment;

      (4)   whether the child has been in extended out of home placement;

      (5)   whether the parents have failed to work diligently towardreintegration;

      (6)   whether the secretary has provided the family with services necessaryfor the safereturn of the child to the home; and

      (7)   whether it is reasonable to expect reintegration to occur within atime frameconsistent with the child's developmental needs.

      (f)   Proceedings if reintegration is not a viable alternative. Ifthe court determines that reintegration is not a viable alternative,proceedings to terminate parental rights and permitplacement of the childfor adoption or appointment of a permanent custodian shall be initiated unlessthe court finds thatcompelling reasons have been documented in the case plan why adoption orappointment of apermanent custodian would not be in the best interests of the child. Ifcompelling reasons have notbeen documented, the county or district attorney shall file a motion within 30days to terminateparental rights or a motion to appoint a permanent custodian within 30 days andthe court shall holda hearing on the motion within 90 days of its filing. No hearing is requiredwhen the parentsvoluntarily relinquish parental rights or consent to the appointment of apermanent custodian.

      (g)   Additional Orders. In addition to or in lieu of any otherorder authorized by this section:

      (1)   The court may order the child and the parents of any child who has beenadjudicateda child in need of care to attend counseling sessions as the court directs. Theexpenseof the counseling may be assessed as an expense in the case. No mental healthprovider shall charge a greater fee for court-ordered counseling than theproviderwould have charged to the person receiving counseling if the person hadrequestedcounseling on the person's own initiative.

      (2)   If the court has reason to believe that a child is before the courtdue, in whole or inpart, to the use or misuse of alcohol or a violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, by the child, a parent of the child, or another personresponsible forthe care of the child, the court may order the child, parent of the child orother personresponsible for the care of the child to submit to and complete an alcohol anddrugevaluation by a qualified person or agency and comply with any recommendations.If the evaluation is performed by a community-based alcohol and drug safetyprogram certified pursuant to K.S.A. 8-1008, and amendments thereto, the child,parent of the child or other person responsible for the care of the child shallpay a feenot to exceed the fee established by that statute. If the court finds that thechild andthose legally liable for the child's support are indigent, the fee may bewaived. In noevent shall the fee be assessed against the secretary.

      (3)   If child support has been requested and the parent or parentshave a duty to supportthe child, the court may order one or both parents to pay child support and,whencustody is awarded to the secretary, the court shall order one or both parentsto paychild support. The court shall determine, for each parent separately, whethertheparent is already subject to an order to pay support for the child. If theparent is notpresently ordered to pay support for any child who is subject to thejurisdiction ofthe court and the court has personal jurisdiction over the parent, the courtshall orderthe parent to pay child support in an amount determined underK.S.A. 2009 Supp.38-2277, and amendments thereto. Except for good cause shown, the court shallissue animmediate income withholding order pursuant to K.S.A. 23-4,105 etseq., andamendments thereto, for each parent ordered to pay support under thissubsection,regardless of whether a payor has been identified for the parent. A parentordered topay child support under this subsection shall be notified, at the hearing orotherwise,that the child support order may be registered pursuant toK.S.A. 2009 Supp.38-2279, and amendments thereto. The parent shall also be informed that, afterregistration,theincome withholding order may be served on the parent's employer without furthernotice to the parent and the child support order may be enforced by any methodallowed by law. Failure to provide this notice shall not affect the validity ofthe childsupport order.

      History:   L. 2006, ch. 200, § 50;L. 2009, ch. 99, § 6;L. 2009, ch. 143, § 16; July 1.