Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2258.Change of placement; removal from home ofparent, findings by court.(a) Except as provided inK.S.A. 2009 Supp.38-2255(d)(2) and38-2259, and amendmentsthereto, if a child hasbeen in the same fosterhome or shelter facility for six months or longer, or has been placed by thesecretary in the home ofa parent or relative, the secretary shall give written notice of any plan tomove the child to a differentplacement unless the move is to the selected preadoptive family for the purposeoffacilitating adoption. The notice shall be given to: (1) The court havingjurisdiction overthe child; (2) eachparent whose address is available; (3) the foster parent or custodian fromwhose home or shelterfacility it is proposed to remove the child; (4) the child, if 12 or more yearsof age; and (5) the child'sguardian ad litem.
(b) The notice shall state the placement to which thesecretary plans to transfer thechild and the reason for the proposed action. The notice shall bemailed by first classmail 30 days in advance of the planned transfer, except that the secretaryshall not be required to wait30 days to transfer the child if all persons enumerated in subsection (a) (2)through (5) consent inwriting to the transfer.
(c) Within 10 days after receipt of the notice, any person receiving noticeasprovided above may request, either orally or in writing, that the court conducta hearing to determinewhether or not the change in placement is in the best interests of the childconcerned. When therequest has been received, the court shall schedule a hearing and immediatelynotify the secretaryof the request and the time and date the matter will be heard. The court shallgive notice of thehearing to persons enumerated in subsection (a) (2) through (5). The secretaryshall not change theplacement of the child, except for the purpose of adoption, unless the changeis approved by the court.
(d) When, after the notice set out above, a child in the custody of thesecretary is removedfrom the home of a parent after having been placed in the home of a parent fora period of six monthsor longer, the secretary shall request a finding that: (1)(A) The child islikely 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.
(e) The secretary shall present to the court in writing the efforts tomaintain thefamily unit and preventthe unnecessary removal of the child from the child's home. In making thefindings, the court mayrely on documentation submitted by the secretary or may set the date for ahearing on the matter. Ifthe secretary requests such finding, the court, not more than 45 days from thedate of the request,shall provide the secretary with a written copy of the findings by the courtfor the purpose ofdocumenting these orders.
History: L. 2006, ch. 200, § 53;L. 2008, ch. 169, § 13; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2258.Change of placement; removal from home ofparent, findings by court.(a) Except as provided inK.S.A. 2009 Supp.38-2255(d)(2) and38-2259, and amendmentsthereto, if a child hasbeen in the same fosterhome or shelter facility for six months or longer, or has been placed by thesecretary in the home ofa parent or relative, the secretary shall give written notice of any plan tomove the child to a differentplacement unless the move is to the selected preadoptive family for the purposeoffacilitating adoption. The notice shall be given to: (1) The court havingjurisdiction overthe child; (2) eachparent whose address is available; (3) the foster parent or custodian fromwhose home or shelterfacility it is proposed to remove the child; (4) the child, if 12 or more yearsof age; and (5) the child'sguardian ad litem.
(b) The notice shall state the placement to which thesecretary plans to transfer thechild and the reason for the proposed action. The notice shall bemailed by first classmail 30 days in advance of the planned transfer, except that the secretaryshall not be required to wait30 days to transfer the child if all persons enumerated in subsection (a) (2)through (5) consent inwriting to the transfer.
(c) Within 10 days after receipt of the notice, any person receiving noticeasprovided above may request, either orally or in writing, that the court conducta hearing to determinewhether or not the change in placement is in the best interests of the childconcerned. When therequest has been received, the court shall schedule a hearing and immediatelynotify the secretaryof the request and the time and date the matter will be heard. The court shallgive notice of thehearing to persons enumerated in subsection (a) (2) through (5). The secretaryshall not change theplacement of the child, except for the purpose of adoption, unless the changeis approved by the court.
(d) When, after the notice set out above, a child in the custody of thesecretary is removedfrom the home of a parent after having been placed in the home of a parent fora period of six monthsor longer, the secretary shall request a finding that: (1)(A) The child islikely 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.
(e) The secretary shall present to the court in writing the efforts tomaintain thefamily unit and preventthe unnecessary removal of the child from the child's home. In making thefindings, the court mayrely on documentation submitted by the secretary or may set the date for ahearing on the matter. Ifthe secretary requests such finding, the court, not more than 45 days from thedate of the request,shall provide the secretary with a written copy of the findings by the courtfor the purpose ofdocumenting these orders.
History: L. 2006, ch. 200, § 53;L. 2008, ch. 169, § 13; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2258.Change of placement; removal from home ofparent, findings by court.(a) Except as provided inK.S.A. 2009 Supp.38-2255(d)(2) and38-2259, and amendmentsthereto, if a child hasbeen in the same fosterhome or shelter facility for six months or longer, or has been placed by thesecretary in the home ofa parent or relative, the secretary shall give written notice of any plan tomove the child to a differentplacement unless the move is to the selected preadoptive family for the purposeoffacilitating adoption. The notice shall be given to: (1) The court havingjurisdiction overthe child; (2) eachparent whose address is available; (3) the foster parent or custodian fromwhose home or shelterfacility it is proposed to remove the child; (4) the child, if 12 or more yearsof age; and (5) the child'sguardian ad litem.
(b) The notice shall state the placement to which thesecretary plans to transfer thechild and the reason for the proposed action. The notice shall bemailed by first classmail 30 days in advance of the planned transfer, except that the secretaryshall not be required to wait30 days to transfer the child if all persons enumerated in subsection (a) (2)through (5) consent inwriting to the transfer.
(c) Within 10 days after receipt of the notice, any person receiving noticeasprovided above may request, either orally or in writing, that the court conducta hearing to determinewhether or not the change in placement is in the best interests of the childconcerned. When therequest has been received, the court shall schedule a hearing and immediatelynotify the secretaryof the request and the time and date the matter will be heard. The court shallgive notice of thehearing to persons enumerated in subsection (a) (2) through (5). The secretaryshall not change theplacement of the child, except for the purpose of adoption, unless the changeis approved by the court.
(d) When, after the notice set out above, a child in the custody of thesecretary is removedfrom the home of a parent after having been placed in the home of a parent fora period of six monthsor longer, the secretary shall request a finding that: (1)(A) The child islikely 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.
(e) The secretary shall present to the court in writing the efforts tomaintain thefamily unit and preventthe unnecessary removal of the child from the child's home. In making thefindings, the court mayrely on documentation submitted by the secretary or may set the date for ahearing on the matter. Ifthe secretary requests such finding, the court, not more than 45 days from thedate of the request,shall provide the secretary with a written copy of the findings by the courtfor the purpose ofdocumenting these orders.
History: L. 2006, ch. 200, § 53;L. 2008, ch. 169, § 13; July 1.
