Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2264.Permanency hearing; purpose; procedure;time for hearing.(a) Apermanency hearing is a proceeding conducted by the court or by a citizenreview board for thepurpose of determining progress toward accomplishment of a permanency plan asestablished byK.S.A. 2009 Supp.38-2263, and amendments thereto.
(b) The court or a citizen review board shall hear and the court shalldetermine whether and, ifapplicable, when thechild will be:
(1) Reintegrated with the child's parents;
(2) placed for adoption;
(3) placed with a permanent custodian; or
(4) if the secretary has documentedcompelling reasonswhy it would not be in the child's best interests for a placement in one ofthe placements pursuant to paragraphs (1), (2) or (3) placed in another plannedpermanent arrangement.
(c) The court shallenter a findingas to whether the person or entity having custody of the child has madereasonable efforts toaccomplish the permanency plan in place at the time of the hearing.
(d) A permanency hearing shall be held within 12 months of the date thecourt authorized the child's removal from thehome and not less frequently than every 12 months thereafter.
(e) If the court determines at any time other than during a permanencyhearing thatreintegration may not be a viable alternative for the child, a permanencyhearing shall be held nolater than 30 days following that determination.
(f) When the court finds that reintegration continues to be a viablealternative, the court shalldetermine whether and, if applicable, when the child will be returned to theparent. The court mayrescind any of its prior dispositional orders and enter any dispositional orderauthorized by this codeor may order that a new plan for the reintegration be prepared and submitted tothe court. Ifreintegration cannot be accomplished as approved by the court, the court shallbe informed and shallschedule a hearing pursuant to this section. No such hearing is required whenthe parents voluntarilyrelinquish parental rights or consent to appointment of a permanent custodian.
(g) If the court finds reintegration is no longer a viable alternative, thecourt shall considerwhether: (1) The child is in a stable placement with a relative; (2) servicesset out inthe case plan necessaryfor the safe return of the child have been made available to the parent withwhom reintegration isplanned; or (3) compelling reasons are documented in the case plan to support afinding that neitheradoption nor appointment of a permanent custodian are in the child's bestinterest. If reintegrationis not a viable alternative and either adoption or appointment of a permanentcustodian might be inthe best interests of the child, the county or district attorney or the countyor district attorney'sdesignee shall file a motion to terminate parental rights or a motion toappoint a permanent custodianwithin 30 days and the court shall set a hearing on such motion within 90 daysof the filing of suchmotion.
(h) If the court enters an order terminating parental rights to a child, oran agency hasaccepted a relinquishment pursuant to K.S.A. 59-2124, and amendments thereto,the requirementsfor permanency hearings shall continue until an adoption or appointment of apermanent custodianhas been accomplished. If the court determines that reasonable efforts orprogress have not been madetoward finding an adoptive placement or appointment of a permanent custodian orplacement witha fit and willing relative, the court may rescind its prior orders and makeothers regardingcustody and adoption that are appropriate under the circumstances. Reports ofa proposed adoptiveplacement need not contain the identity of the proposed adoptive parents.
History: L. 2006, ch. 200, § 59;L. 2008, ch. 169, § 16; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2264.Permanency hearing; purpose; procedure;time for hearing.(a) Apermanency hearing is a proceeding conducted by the court or by a citizenreview board for thepurpose of determining progress toward accomplishment of a permanency plan asestablished byK.S.A. 2009 Supp.38-2263, and amendments thereto.
(b) The court or a citizen review board shall hear and the court shalldetermine whether and, ifapplicable, when thechild will be:
(1) Reintegrated with the child's parents;
(2) placed for adoption;
(3) placed with a permanent custodian; or
(4) if the secretary has documentedcompelling reasonswhy it would not be in the child's best interests for a placement in one ofthe placements pursuant to paragraphs (1), (2) or (3) placed in another plannedpermanent arrangement.
(c) The court shallenter a findingas to whether the person or entity having custody of the child has madereasonable efforts toaccomplish the permanency plan in place at the time of the hearing.
(d) A permanency hearing shall be held within 12 months of the date thecourt authorized the child's removal from thehome and not less frequently than every 12 months thereafter.
(e) If the court determines at any time other than during a permanencyhearing thatreintegration may not be a viable alternative for the child, a permanencyhearing shall be held nolater than 30 days following that determination.
(f) When the court finds that reintegration continues to be a viablealternative, the court shalldetermine whether and, if applicable, when the child will be returned to theparent. The court mayrescind any of its prior dispositional orders and enter any dispositional orderauthorized by this codeor may order that a new plan for the reintegration be prepared and submitted tothe court. Ifreintegration cannot be accomplished as approved by the court, the court shallbe informed and shallschedule a hearing pursuant to this section. No such hearing is required whenthe parents voluntarilyrelinquish parental rights or consent to appointment of a permanent custodian.
(g) If the court finds reintegration is no longer a viable alternative, thecourt shall considerwhether: (1) The child is in a stable placement with a relative; (2) servicesset out inthe case plan necessaryfor the safe return of the child have been made available to the parent withwhom reintegration isplanned; or (3) compelling reasons are documented in the case plan to support afinding that neitheradoption nor appointment of a permanent custodian are in the child's bestinterest. If reintegrationis not a viable alternative and either adoption or appointment of a permanentcustodian might be inthe best interests of the child, the county or district attorney or the countyor district attorney'sdesignee shall file a motion to terminate parental rights or a motion toappoint a permanent custodianwithin 30 days and the court shall set a hearing on such motion within 90 daysof the filing of suchmotion.
(h) If the court enters an order terminating parental rights to a child, oran agency hasaccepted a relinquishment pursuant to K.S.A. 59-2124, and amendments thereto,the requirementsfor permanency hearings shall continue until an adoption or appointment of apermanent custodianhas been accomplished. If the court determines that reasonable efforts orprogress have not been madetoward finding an adoptive placement or appointment of a permanent custodian orplacement witha fit and willing relative, the court may rescind its prior orders and makeothers regardingcustody and adoption that are appropriate under the circumstances. Reports ofa proposed adoptiveplacement need not contain the identity of the proposed adoptive parents.
History: L. 2006, ch. 200, § 59;L. 2008, ch. 169, § 16; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2264.Permanency hearing; purpose; procedure;time for hearing.(a) Apermanency hearing is a proceeding conducted by the court or by a citizenreview board for thepurpose of determining progress toward accomplishment of a permanency plan asestablished byK.S.A. 2009 Supp.38-2263, and amendments thereto.
(b) The court or a citizen review board shall hear and the court shalldetermine whether and, ifapplicable, when thechild will be:
(1) Reintegrated with the child's parents;
(2) placed for adoption;
(3) placed with a permanent custodian; or
(4) if the secretary has documentedcompelling reasonswhy it would not be in the child's best interests for a placement in one ofthe placements pursuant to paragraphs (1), (2) or (3) placed in another plannedpermanent arrangement.
(c) The court shallenter a findingas to whether the person or entity having custody of the child has madereasonable efforts toaccomplish the permanency plan in place at the time of the hearing.
(d) A permanency hearing shall be held within 12 months of the date thecourt authorized the child's removal from thehome and not less frequently than every 12 months thereafter.
(e) If the court determines at any time other than during a permanencyhearing thatreintegration may not be a viable alternative for the child, a permanencyhearing shall be held nolater than 30 days following that determination.
(f) When the court finds that reintegration continues to be a viablealternative, the court shalldetermine whether and, if applicable, when the child will be returned to theparent. The court mayrescind any of its prior dispositional orders and enter any dispositional orderauthorized by this codeor may order that a new plan for the reintegration be prepared and submitted tothe court. Ifreintegration cannot be accomplished as approved by the court, the court shallbe informed and shallschedule a hearing pursuant to this section. No such hearing is required whenthe parents voluntarilyrelinquish parental rights or consent to appointment of a permanent custodian.
(g) If the court finds reintegration is no longer a viable alternative, thecourt shall considerwhether: (1) The child is in a stable placement with a relative; (2) servicesset out inthe case plan necessaryfor the safe return of the child have been made available to the parent withwhom reintegration isplanned; or (3) compelling reasons are documented in the case plan to support afinding that neitheradoption nor appointment of a permanent custodian are in the child's bestinterest. If reintegrationis not a viable alternative and either adoption or appointment of a permanentcustodian might be inthe best interests of the child, the county or district attorney or the countyor district attorney'sdesignee shall file a motion to terminate parental rights or a motion toappoint a permanent custodianwithin 30 days and the court shall set a hearing on such motion within 90 daysof the filing of suchmotion.
(h) If the court enters an order terminating parental rights to a child, oran agency hasaccepted a relinquishment pursuant to K.S.A. 59-2124, and amendments thereto,the requirementsfor permanency hearings shall continue until an adoption or appointment of apermanent custodianhas been accomplished. If the court determines that reasonable efforts orprogress have not been madetoward finding an adoptive placement or appointment of a permanent custodian orplacement witha fit and willing relative, the court may rescind its prior orders and makeothers regardingcustody and adoption that are appropriate under the circumstances. Reports ofa proposed adoptiveplacement need not contain the identity of the proposed adoptive parents.
History: L. 2006, ch. 200, § 59;L. 2008, ch. 169, § 16; July 1.
