Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2268.Voluntary relinquishment; voluntarypermanent custodianship; consent to adoption.(a) Prior to a hearing to consider the termination ofparental rights, if the child'spermanency plan is either adoption or appointmentof a custodian, with the consent of the guardian ad litem and thesecretary,either or both parents mayrelinquish parental rights to the child, consent to an adoption or consent toappointment of apermanent custodian.
(b) Relinquishment of child to secretary. (1) Any parent orparents mayrelinquish a child to the secretary, and ifthe secretary acceptsthe relinquishment in writing, the secretary shall stand in locoparentis to the child and shallhave and possess over the child all rights of a parent, including the powerto place the child for adoption and give consent thereto.
(2) All relinquishments to the secretary shall be in writing, insubstantial conformity withthe form for relinquishment contained in the appendix of forms following K.S.A.59-2143,and amendments thereto, and shall be executed by either parent of the child.
(3) The relinquishment shall be in writing and shall be acknowledgedbefore a judge of a court ofrecord or before an officer authorized by law to takeacknowledgments. If the relinquishment is acknowledged before a judge of acourt of record, it shallbe the duty of the court to advise the relinquishing parent of the consequencesof therelinquishment.
(4) Except as otherwise provided, in all cases where a parent hasrelinquished a child to theagency pursuant to K.S.A. 59-2111 through 59-2143, and amendments thereto, allthe rightsof the parent shall be terminated, including the right to receivenotice in asubsequentadoption proceeding involving the child. Upon such relinquishment, all therights of theparents to such child, including such parent's right to inherit from or throughsuchchild, shall cease.
(5) If a parent has relinquished a child to the secretary based on a beliefthat the child's other parent would relinquish the child to the secretary orwould be found unfit, and this does notoccur, the rights of the parent who has relinquished a child to the secretaryshall not beterminated.
(6) A parent's relinquishment of a child shall not terminate theright of the childto inherit from or through the parent.
(c) Permanent custody. (1) A parent may consent to appointment ofthesecretary or an individual as permanentcustodian and if the secretary or individual accepts the consent, thesecretary or individualshall stand in loco parentis to the child and shall have and possessover the child all therights of a legal guardian. When the consent is to the secretary, thesecretary shall have theright to place the child in the permanent custody of an individual who isappointed permanentcustodian.
(2) All consents to appointment of a permanent custodian shall be inwriting and shall beexecuted by either parent of the child.
(3) The consent shall be in writing and shall be acknowledgedbefore a judgeof a court of recordor before an officer authorized by law to take acknowledgments. If theconsentis acknowledged before a judge of a court of record,it shall be the duty of the court to advise theconsenting parent of theconsequences of the consent.
(4) If a parent has consented to appointment of a permanent custodianbased upon a beliefthat the child's other parent would so consent or would be found unfit, andthis does notoccur, the consent shall be null and void.
(d) Adoption. If the parental rights of one parent have beenterminated orthat parent has relinquishedparental rights to the secretary, the other parent may consent to the adoptionof the child bypersons approved by the secretary or approved by the court. The consent shallfollow theform contained in the appendix of forms following K.S.A. 59-2143, andamendmentsthereto.
History: L. 2006, ch. 200, § 63;L. 2008, ch. 169, § 18; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2268.Voluntary relinquishment; voluntarypermanent custodianship; consent to adoption.(a) Prior to a hearing to consider the termination ofparental rights, if the child'spermanency plan is either adoption or appointmentof a custodian, with the consent of the guardian ad litem and thesecretary,either or both parents mayrelinquish parental rights to the child, consent to an adoption or consent toappointment of apermanent custodian.
(b) Relinquishment of child to secretary. (1) Any parent orparents mayrelinquish a child to the secretary, and ifthe secretary acceptsthe relinquishment in writing, the secretary shall stand in locoparentis to the child and shallhave and possess over the child all rights of a parent, including the powerto place the child for adoption and give consent thereto.
(2) All relinquishments to the secretary shall be in writing, insubstantial conformity withthe form for relinquishment contained in the appendix of forms following K.S.A.59-2143,and amendments thereto, and shall be executed by either parent of the child.
(3) The relinquishment shall be in writing and shall be acknowledgedbefore a judge of a court ofrecord or before an officer authorized by law to takeacknowledgments. If the relinquishment is acknowledged before a judge of acourt of record, it shallbe the duty of the court to advise the relinquishing parent of the consequencesof therelinquishment.
(4) Except as otherwise provided, in all cases where a parent hasrelinquished a child to theagency pursuant to K.S.A. 59-2111 through 59-2143, and amendments thereto, allthe rightsof the parent shall be terminated, including the right to receivenotice in asubsequentadoption proceeding involving the child. Upon such relinquishment, all therights of theparents to such child, including such parent's right to inherit from or throughsuchchild, shall cease.
(5) If a parent has relinquished a child to the secretary based on a beliefthat the child's other parent would relinquish the child to the secretary orwould be found unfit, and this does notoccur, the rights of the parent who has relinquished a child to the secretaryshall not beterminated.
(6) A parent's relinquishment of a child shall not terminate theright of the childto inherit from or through the parent.
(c) Permanent custody. (1) A parent may consent to appointment ofthesecretary or an individual as permanentcustodian and if the secretary or individual accepts the consent, thesecretary or individualshall stand in loco parentis to the child and shall have and possessover the child all therights of a legal guardian. When the consent is to the secretary, thesecretary shall have theright to place the child in the permanent custody of an individual who isappointed permanentcustodian.
(2) All consents to appointment of a permanent custodian shall be inwriting and shall beexecuted by either parent of the child.
(3) The consent shall be in writing and shall be acknowledgedbefore a judgeof a court of recordor before an officer authorized by law to take acknowledgments. If theconsentis acknowledged before a judge of a court of record,it shall be the duty of the court to advise theconsenting parent of theconsequences of the consent.
(4) If a parent has consented to appointment of a permanent custodianbased upon a beliefthat the child's other parent would so consent or would be found unfit, andthis does notoccur, the consent shall be null and void.
(d) Adoption. If the parental rights of one parent have beenterminated orthat parent has relinquishedparental rights to the secretary, the other parent may consent to the adoptionof the child bypersons approved by the secretary or approved by the court. The consent shallfollow theform contained in the appendix of forms following K.S.A. 59-2143, andamendmentsthereto.
History: L. 2006, ch. 200, § 63;L. 2008, ch. 169, § 18; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2268.Voluntary relinquishment; voluntarypermanent custodianship; consent to adoption.(a) Prior to a hearing to consider the termination ofparental rights, if the child'spermanency plan is either adoption or appointmentof a custodian, with the consent of the guardian ad litem and thesecretary,either or both parents mayrelinquish parental rights to the child, consent to an adoption or consent toappointment of apermanent custodian.
(b) Relinquishment of child to secretary. (1) Any parent orparents mayrelinquish a child to the secretary, and ifthe secretary acceptsthe relinquishment in writing, the secretary shall stand in locoparentis to the child and shallhave and possess over the child all rights of a parent, including the powerto place the child for adoption and give consent thereto.
(2) All relinquishments to the secretary shall be in writing, insubstantial conformity withthe form for relinquishment contained in the appendix of forms following K.S.A.59-2143,and amendments thereto, and shall be executed by either parent of the child.
(3) The relinquishment shall be in writing and shall be acknowledgedbefore a judge of a court ofrecord or before an officer authorized by law to takeacknowledgments. If the relinquishment is acknowledged before a judge of acourt of record, it shallbe the duty of the court to advise the relinquishing parent of the consequencesof therelinquishment.
(4) Except as otherwise provided, in all cases where a parent hasrelinquished a child to theagency pursuant to K.S.A. 59-2111 through 59-2143, and amendments thereto, allthe rightsof the parent shall be terminated, including the right to receivenotice in asubsequentadoption proceeding involving the child. Upon such relinquishment, all therights of theparents to such child, including such parent's right to inherit from or throughsuchchild, shall cease.
(5) If a parent has relinquished a child to the secretary based on a beliefthat the child's other parent would relinquish the child to the secretary orwould be found unfit, and this does notoccur, the rights of the parent who has relinquished a child to the secretaryshall not beterminated.
(6) A parent's relinquishment of a child shall not terminate theright of the childto inherit from or through the parent.
(c) Permanent custody. (1) A parent may consent to appointment ofthesecretary or an individual as permanentcustodian and if the secretary or individual accepts the consent, thesecretary or individualshall stand in loco parentis to the child and shall have and possessover the child all therights of a legal guardian. When the consent is to the secretary, thesecretary shall have theright to place the child in the permanent custody of an individual who isappointed permanentcustodian.
(2) All consents to appointment of a permanent custodian shall be inwriting and shall beexecuted by either parent of the child.
(3) The consent shall be in writing and shall be acknowledgedbefore a judgeof a court of recordor before an officer authorized by law to take acknowledgments. If theconsentis acknowledged before a judge of a court of record,it shall be the duty of the court to advise theconsenting parent of theconsequences of the consent.
(4) If a parent has consented to appointment of a permanent custodianbased upon a beliefthat the child's other parent would so consent or would be found unfit, andthis does notoccur, the consent shall be null and void.
(d) Adoption. If the parental rights of one parent have beenterminated orthat parent has relinquishedparental rights to the secretary, the other parent may consent to the adoptionof the child bypersons approved by the secretary or approved by the court. The consent shallfollow theform contained in the appendix of forms following K.S.A. 59-2143, andamendmentsthereto.
History: L. 2006, ch. 200, § 63;L. 2008, ch. 169, § 18; July 1.
