Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2271.Presumption of unfitness, when; burden ofproof.(a) It is presumed in themanner provided in K.S.A. 60-414, and amendments thereto, that a parent isunfitby reason ofconduct or condition which renders the parent unable to fully care for a child,if the state establishes,by clear and convincing evidence, that:
(1) A parent has previously been found to be an unfit parent in proceedingsunderK.S.A. 2009 Supp.38-2266et seq., and amendments thereto, or comparable proceedings under thelaws of another jurisdiction;
(2) a parent has twice before been convicted of a crime specified in article34, 35, or 36 ofchapter 21 of the Kansas Statutes Annotated, and amendments thereto, orcomparable offenses under thelaws of anotherjurisdiction, or an attempt or attempts to commit such crimes and the victimwas under the age of18 years;
(3) on two or more prior occasions a child in the physical custody of theparent has beenadjudicated a child in need of care as defined by subsection (d)(1),(d)(3),(d)(5) or (d)(11) ofK.S.A. 2009 Supp.38-2202, and amendments thereto, or comparable proceedingsunder the laws ofanother jurisdiction.
(4) the parent has been convicted of causing the death of another child orstepchild of theparent;
(5) the child has been in an out-of-home placement, under court order for acumulative totalperiod of one year or longer and the parent has substantially neglected orwillfully refused to carryout a reasonable plan, approved by the court, directed toward reintegration ofthe child into theparental home;
(6) (A) the child has been in an out-of-home placement, under court orderfor a cumulativetotal period of two years or longer; (B) the parent has failed to carry out areasonable plan, approvedby the court, directed toward reintegration of the child into the parentalhome; and (C) there is asubstantial probability that the parent will not carry out such plan in thenear future;
(7) a parent has been convicted of capital murder, K.S.A. 21-3439, andamendments thereto,murder in the first degree, K.S.A. 21-3401, and amendments thereto, murder inthe second degree,K.S.A. 21-3402, and amendments thereto, or voluntary manslaughter, K.S.A.21-3403,andamendments thereto, or comparable proceedings under the laws of anotherjurisdiction or, hasbeen adjudicated a juvenile offender because of an act which if committed by anadult would be anoffense as provided in this subsection, and the victim of such murder was theother parent of thechild;
(8) a parent abandoned or neglected the child after having knowledge of thechild's birth oreither parent has been granted immunity from prosecution for abandonment ofthe child undersubsection (b) of K.S.A. 21-3604, and amendments thereto; or
(9) a parent has made no reasonable efforts to support or communicate withthe child afterhaving knowledge of the child's birth;
(10) a father, after having knowledge of the pregnancy, failed withoutreasonable cause toprovide support for the mother during the six months prior to the child'sbirth;
(11) a father abandoned the mother after having knowledge of the pregnancy;
(12) a parent has been convicted of rape, K.S.A. 21-3502, and amendmentsthereto, or comparable proceedings under the laws of another jurisdictionresulting in the conception of the child;or
(13) a parent has failed or refused to assume the duties of a parent for twoconsecutive yearsnext preceding the filing of the petition. In making this determination thecourt may disregardincidental visitations, contacts, communications or contributions.
(b) The burden of proof is on the parent to rebut the presumption ofunfitness by apreponderance of the evidence. In the absence of proof that the parent ispresently fit and able tocare for the child or that the parent will be fit and able to care for thechild in the foreseeable future,the court shall terminate parental rights in proceedings pursuant to K.S.A.2009 Supp. 38-2266 et seq., and amendments thereto.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2271.Presumption of unfitness, when; burden ofproof.(a) It is presumed in themanner provided in K.S.A. 60-414, and amendments thereto, that a parent isunfitby reason ofconduct or condition which renders the parent unable to fully care for a child,if the state establishes,by clear and convincing evidence, that:
(1) A parent has previously been found to be an unfit parent in proceedingsunderK.S.A. 2009 Supp.38-2266et seq., and amendments thereto, or comparable proceedings under thelaws of another jurisdiction;
(2) a parent has twice before been convicted of a crime specified in article34, 35, or 36 ofchapter 21 of the Kansas Statutes Annotated, and amendments thereto, orcomparable offenses under thelaws of anotherjurisdiction, or an attempt or attempts to commit such crimes and the victimwas under the age of18 years;
(3) on two or more prior occasions a child in the physical custody of theparent has beenadjudicated a child in need of care as defined by subsection (d)(1),(d)(3),(d)(5) or (d)(11) ofK.S.A. 2009 Supp.38-2202, and amendments thereto, or comparable proceedingsunder the laws ofanother jurisdiction.
(4) the parent has been convicted of causing the death of another child orstepchild of theparent;
(5) the child has been in an out-of-home placement, under court order for acumulative totalperiod of one year or longer and the parent has substantially neglected orwillfully refused to carryout a reasonable plan, approved by the court, directed toward reintegration ofthe child into theparental home;
(6) (A) the child has been in an out-of-home placement, under court orderfor a cumulativetotal period of two years or longer; (B) the parent has failed to carry out areasonable plan, approvedby the court, directed toward reintegration of the child into the parentalhome; and (C) there is asubstantial probability that the parent will not carry out such plan in thenear future;
(7) a parent has been convicted of capital murder, K.S.A. 21-3439, andamendments thereto,murder in the first degree, K.S.A. 21-3401, and amendments thereto, murder inthe second degree,K.S.A. 21-3402, and amendments thereto, or voluntary manslaughter, K.S.A.21-3403,andamendments thereto, or comparable proceedings under the laws of anotherjurisdiction or, hasbeen adjudicated a juvenile offender because of an act which if committed by anadult would be anoffense as provided in this subsection, and the victim of such murder was theother parent of thechild;
(8) a parent abandoned or neglected the child after having knowledge of thechild's birth oreither parent has been granted immunity from prosecution for abandonment ofthe child undersubsection (b) of K.S.A. 21-3604, and amendments thereto; or
(9) a parent has made no reasonable efforts to support or communicate withthe child afterhaving knowledge of the child's birth;
(10) a father, after having knowledge of the pregnancy, failed withoutreasonable cause toprovide support for the mother during the six months prior to the child'sbirth;
(11) a father abandoned the mother after having knowledge of the pregnancy;
(12) a parent has been convicted of rape, K.S.A. 21-3502, and amendmentsthereto, or comparable proceedings under the laws of another jurisdictionresulting in the conception of the child;or
(13) a parent has failed or refused to assume the duties of a parent for twoconsecutive yearsnext preceding the filing of the petition. In making this determination thecourt may disregardincidental visitations, contacts, communications or contributions.
(b) The burden of proof is on the parent to rebut the presumption ofunfitness by apreponderance of the evidence. In the absence of proof that the parent ispresently fit and able tocare for the child or that the parent will be fit and able to care for thechild in the foreseeable future,the court shall terminate parental rights in proceedings pursuant to K.S.A.2009 Supp. 38-2266 et seq., and amendments thereto.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2271.Presumption of unfitness, when; burden ofproof.(a) It is presumed in themanner provided in K.S.A. 60-414, and amendments thereto, that a parent isunfitby reason ofconduct or condition which renders the parent unable to fully care for a child,if the state establishes,by clear and convincing evidence, that:
(1) A parent has previously been found to be an unfit parent in proceedingsunderK.S.A. 2009 Supp.38-2266et seq., and amendments thereto, or comparable proceedings under thelaws of another jurisdiction;
(2) a parent has twice before been convicted of a crime specified in article34, 35, or 36 ofchapter 21 of the Kansas Statutes Annotated, and amendments thereto, orcomparable offenses under thelaws of anotherjurisdiction, or an attempt or attempts to commit such crimes and the victimwas under the age of18 years;
(3) on two or more prior occasions a child in the physical custody of theparent has beenadjudicated a child in need of care as defined by subsection (d)(1),(d)(3),(d)(5) or (d)(11) ofK.S.A. 2009 Supp.38-2202, and amendments thereto, or comparable proceedingsunder the laws ofanother jurisdiction.
(4) the parent has been convicted of causing the death of another child orstepchild of theparent;
(5) the child has been in an out-of-home placement, under court order for acumulative totalperiod of one year or longer and the parent has substantially neglected orwillfully refused to carryout a reasonable plan, approved by the court, directed toward reintegration ofthe child into theparental home;
(6) (A) the child has been in an out-of-home placement, under court orderfor a cumulativetotal period of two years or longer; (B) the parent has failed to carry out areasonable plan, approvedby the court, directed toward reintegration of the child into the parentalhome; and (C) there is asubstantial probability that the parent will not carry out such plan in thenear future;
(7) a parent has been convicted of capital murder, K.S.A. 21-3439, andamendments thereto,murder in the first degree, K.S.A. 21-3401, and amendments thereto, murder inthe second degree,K.S.A. 21-3402, and amendments thereto, or voluntary manslaughter, K.S.A.21-3403,andamendments thereto, or comparable proceedings under the laws of anotherjurisdiction or, hasbeen adjudicated a juvenile offender because of an act which if committed by anadult would be anoffense as provided in this subsection, and the victim of such murder was theother parent of thechild;
(8) a parent abandoned or neglected the child after having knowledge of thechild's birth oreither parent has been granted immunity from prosecution for abandonment ofthe child undersubsection (b) of K.S.A. 21-3604, and amendments thereto; or
(9) a parent has made no reasonable efforts to support or communicate withthe child afterhaving knowledge of the child's birth;
(10) a father, after having knowledge of the pregnancy, failed withoutreasonable cause toprovide support for the mother during the six months prior to the child'sbirth;
(11) a father abandoned the mother after having knowledge of the pregnancy;
(12) a parent has been convicted of rape, K.S.A. 21-3502, and amendmentsthereto, or comparable proceedings under the laws of another jurisdictionresulting in the conception of the child;or
(13) a parent has failed or refused to assume the duties of a parent for twoconsecutive yearsnext preceding the filing of the petition. In making this determination thecourt may disregardincidental visitations, contacts, communications or contributions.
(b) The burden of proof is on the parent to rebut the presumption ofunfitness by apreponderance of the evidence. In the absence of proof that the parent ispresently fit and able tocare for the child or that the parent will be fit and able to care for thechild in the foreseeable future,the court shall terminate parental rights in proceedings pursuant to K.S.A.2009 Supp. 38-2266 et seq., and amendments thereto.
