Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2272.Appointment of permanentcustodian.(a) A permanent custodian maybe appointed:
(1) With the consent and agreement of the parents and approval bythe court;
(2) aftera finding of unfitness pursuant toK.S.A. 2009 Supp.38-2269, and amendmentsthereto; or
(3) after termination ofparental rights pursuant toK.S.A. 2009 Supp.38-2270, and amendments thereto.
(b) Upon theappointment of apermanent custodian, the secretary's custody of the child shall cease. Thecourt's jurisdiction overthe child shall continue unless the court enters an order terminatingjurisdiction.
(c) Subject to subsection (d), a permanent custodian shall standin locoparentis and shall exerciseall of the rights and responsibilities of a parent except the permanentcustodian shall not:
(1) Consent to an adoption of the child;and
(2) be subject to court ordered childsupport or medicalsupport.
(d) When the court retains jurisdiction after appointment of a permanentcustodian, the court, in itsorder, may impose limitations or conditions upon the rights andresponsibilities of the permanentcustodian including, but not limited to, the right to:
(1) Determine contact with the biological parent;
(2) consent to marriage;
(3) consent to psychosurgery, removal of a bodily organ or amputation of alimb;
(4) consent to sterilization;
(5) consent to behavioral and medical experiments;
(6) consent to withholding life-prolonging medical treatment;
(7) consent to placement in a treatment facility; or
(8) consent to placement in a psychiatric hospital or an institution forthedevelopmentally disabled.
(e) Absent a judicial finding of unfitness or court-ordered limitationspursuant to subsection (d),a permanent custodian may share parental responsibilities with aparent of the child asthe permanent custodian determines is in the child's best interests. Sharingparental responsibilitiesdoes not relieve the permanent custodian of legal responsibility for the child.
(f) Parental consent to appointment of a permanent custodian shall be on therecord or executed bythe parent of the child and acknowledged before a judge of a court of record.It shall be the duty ofthe court before which the consent is acknowledged to advise the consentingparent of theconsequences of the consent, including the following:
(1) Do you understand that your parental rights are not being terminated andyou can beordered to pay child support and medical support for your child
(2) Do you understand that to get the rights you still have with your child,you must keep thecourt up to date about how to contact you? This means that the court needs toalways have yourcurrent address and telephone number.
(3) Do you understand that if your child is ever placed for adoption, thecourtwill try to letyou know by using the information you have given them? If your address andtelephone number arenot up to date, you might not know your child is placed for adoption.
(4) Do you understand that if you want information about your child's healthor education,you will have to keep the information you give the court about where you are upto date because theinformation will be sent to the latest address the court has
(5) Do you understand that you may be able to have some contact with yourchild, but onlyif the permanent custodian decides it is in the child's best interests and ifthe court allows thecontact
(6) Do you understand that unless the court orders differently, the permanentcustodian has the right to make the following decisions about your child: Theamount and type of contact you havewith the child; consent to your child's marriage; consent to medical treatment;consent to mentalhealth treatment; consent to placement in a psychiatric hospital or aninstitution for thedevelopmentally disabled; consent to behavioral and medical experiments;consent to sterilizationand consent to withholding life-prolonging medical treatment
(g) (1) A consent is final when executed, unless the parent whose consentis atissue, priorto issuance of the order appointing a permanent custodian, proves by clear andconvincing evidencethat the consent was not freely and voluntarily given. The burden of provingthe consent was notfreely and voluntarily given shall rest with that parent.
(2) If a parent has consented to appointment of a permanent custodian basedupon a beliefthat the child's other parent would so consent or would be found unfit, andthis does not occur, theconsent shall be null and void.
(h) If a permanent custodian is appointed after a judicial finding ofparental unfitness withouta termination of parental rights, the parent shall retain only the followingrights and responsibilities:
(1) The obligation to pay child support and medical support; and
(2) the right to inherit from the child.
(3) The right to consent to adoption of the child.
All other parental rights transfer to the permanent custodian.
(i) If a permanent custodian is appointed after termination of parentalrights, the parent retains noright or responsibilities to the child.
(j) Prior to appointing a permanent custodian, the court shall receive andconsider an assessment ofany potential permanent custodian as provided in K.S.A. 59-2132, and amendmentsthereto. Inmaking an order appointing a permanent custodian the court shall givepreference, to the extent that the court finds it in the child's bestinterests, to first appointing a permanent custodianwho is arelative of the child or second a person with whom the child has closeemotional ties.
(k) If permanent custodians are divorced, such custodian's marriage isannulled or thecourt orders separatemaintenance, the court in that case has jurisdiction to make custodydeterminations between thepermanent custodians.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2272.Appointment of permanentcustodian.(a) A permanent custodian maybe appointed:
(1) With the consent and agreement of the parents and approval bythe court;
(2) aftera finding of unfitness pursuant toK.S.A. 2009 Supp.38-2269, and amendmentsthereto; or
(3) after termination ofparental rights pursuant toK.S.A. 2009 Supp.38-2270, and amendments thereto.
(b) Upon theappointment of apermanent custodian, the secretary's custody of the child shall cease. Thecourt's jurisdiction overthe child shall continue unless the court enters an order terminatingjurisdiction.
(c) Subject to subsection (d), a permanent custodian shall standin locoparentis and shall exerciseall of the rights and responsibilities of a parent except the permanentcustodian shall not:
(1) Consent to an adoption of the child;and
(2) be subject to court ordered childsupport or medicalsupport.
(d) When the court retains jurisdiction after appointment of a permanentcustodian, the court, in itsorder, may impose limitations or conditions upon the rights andresponsibilities of the permanentcustodian including, but not limited to, the right to:
(1) Determine contact with the biological parent;
(2) consent to marriage;
(3) consent to psychosurgery, removal of a bodily organ or amputation of alimb;
(4) consent to sterilization;
(5) consent to behavioral and medical experiments;
(6) consent to withholding life-prolonging medical treatment;
(7) consent to placement in a treatment facility; or
(8) consent to placement in a psychiatric hospital or an institution forthedevelopmentally disabled.
(e) Absent a judicial finding of unfitness or court-ordered limitationspursuant to subsection (d),a permanent custodian may share parental responsibilities with aparent of the child asthe permanent custodian determines is in the child's best interests. Sharingparental responsibilitiesdoes not relieve the permanent custodian of legal responsibility for the child.
(f) Parental consent to appointment of a permanent custodian shall be on therecord or executed bythe parent of the child and acknowledged before a judge of a court of record.It shall be the duty ofthe court before which the consent is acknowledged to advise the consentingparent of theconsequences of the consent, including the following:
(1) Do you understand that your parental rights are not being terminated andyou can beordered to pay child support and medical support for your child
(2) Do you understand that to get the rights you still have with your child,you must keep thecourt up to date about how to contact you? This means that the court needs toalways have yourcurrent address and telephone number.
(3) Do you understand that if your child is ever placed for adoption, thecourtwill try to letyou know by using the information you have given them? If your address andtelephone number arenot up to date, you might not know your child is placed for adoption.
(4) Do you understand that if you want information about your child's healthor education,you will have to keep the information you give the court about where you are upto date because theinformation will be sent to the latest address the court has
(5) Do you understand that you may be able to have some contact with yourchild, but onlyif the permanent custodian decides it is in the child's best interests and ifthe court allows thecontact
(6) Do you understand that unless the court orders differently, the permanentcustodian has the right to make the following decisions about your child: Theamount and type of contact you havewith the child; consent to your child's marriage; consent to medical treatment;consent to mentalhealth treatment; consent to placement in a psychiatric hospital or aninstitution for thedevelopmentally disabled; consent to behavioral and medical experiments;consent to sterilizationand consent to withholding life-prolonging medical treatment
(g) (1) A consent is final when executed, unless the parent whose consentis atissue, priorto issuance of the order appointing a permanent custodian, proves by clear andconvincing evidencethat the consent was not freely and voluntarily given. The burden of provingthe consent was notfreely and voluntarily given shall rest with that parent.
(2) If a parent has consented to appointment of a permanent custodian basedupon a beliefthat the child's other parent would so consent or would be found unfit, andthis does not occur, theconsent shall be null and void.
(h) If a permanent custodian is appointed after a judicial finding ofparental unfitness withouta termination of parental rights, the parent shall retain only the followingrights and responsibilities:
(1) The obligation to pay child support and medical support; and
(2) the right to inherit from the child.
(3) The right to consent to adoption of the child.
All other parental rights transfer to the permanent custodian.
(i) If a permanent custodian is appointed after termination of parentalrights, the parent retains noright or responsibilities to the child.
(j) Prior to appointing a permanent custodian, the court shall receive andconsider an assessment ofany potential permanent custodian as provided in K.S.A. 59-2132, and amendmentsthereto. Inmaking an order appointing a permanent custodian the court shall givepreference, to the extent that the court finds it in the child's bestinterests, to first appointing a permanent custodianwho is arelative of the child or second a person with whom the child has closeemotional ties.
(k) If permanent custodians are divorced, such custodian's marriage isannulled or thecourt orders separatemaintenance, the court in that case has jurisdiction to make custodydeterminations between thepermanent custodians.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2272.Appointment of permanentcustodian.(a) A permanent custodian maybe appointed:
(1) With the consent and agreement of the parents and approval bythe court;
(2) aftera finding of unfitness pursuant toK.S.A. 2009 Supp.38-2269, and amendmentsthereto; or
(3) after termination ofparental rights pursuant toK.S.A. 2009 Supp.38-2270, and amendments thereto.
(b) Upon theappointment of apermanent custodian, the secretary's custody of the child shall cease. Thecourt's jurisdiction overthe child shall continue unless the court enters an order terminatingjurisdiction.
(c) Subject to subsection (d), a permanent custodian shall standin locoparentis and shall exerciseall of the rights and responsibilities of a parent except the permanentcustodian shall not:
(1) Consent to an adoption of the child;and
(2) be subject to court ordered childsupport or medicalsupport.
(d) When the court retains jurisdiction after appointment of a permanentcustodian, the court, in itsorder, may impose limitations or conditions upon the rights andresponsibilities of the permanentcustodian including, but not limited to, the right to:
(1) Determine contact with the biological parent;
(2) consent to marriage;
(3) consent to psychosurgery, removal of a bodily organ or amputation of alimb;
(4) consent to sterilization;
(5) consent to behavioral and medical experiments;
(6) consent to withholding life-prolonging medical treatment;
(7) consent to placement in a treatment facility; or
(8) consent to placement in a psychiatric hospital or an institution forthedevelopmentally disabled.
(e) Absent a judicial finding of unfitness or court-ordered limitationspursuant to subsection (d),a permanent custodian may share parental responsibilities with aparent of the child asthe permanent custodian determines is in the child's best interests. Sharingparental responsibilitiesdoes not relieve the permanent custodian of legal responsibility for the child.
(f) Parental consent to appointment of a permanent custodian shall be on therecord or executed bythe parent of the child and acknowledged before a judge of a court of record.It shall be the duty ofthe court before which the consent is acknowledged to advise the consentingparent of theconsequences of the consent, including the following:
(1) Do you understand that your parental rights are not being terminated andyou can beordered to pay child support and medical support for your child
(2) Do you understand that to get the rights you still have with your child,you must keep thecourt up to date about how to contact you? This means that the court needs toalways have yourcurrent address and telephone number.
(3) Do you understand that if your child is ever placed for adoption, thecourtwill try to letyou know by using the information you have given them? If your address andtelephone number arenot up to date, you might not know your child is placed for adoption.
(4) Do you understand that if you want information about your child's healthor education,you will have to keep the information you give the court about where you are upto date because theinformation will be sent to the latest address the court has
(5) Do you understand that you may be able to have some contact with yourchild, but onlyif the permanent custodian decides it is in the child's best interests and ifthe court allows thecontact
(6) Do you understand that unless the court orders differently, the permanentcustodian has the right to make the following decisions about your child: Theamount and type of contact you havewith the child; consent to your child's marriage; consent to medical treatment;consent to mentalhealth treatment; consent to placement in a psychiatric hospital or aninstitution for thedevelopmentally disabled; consent to behavioral and medical experiments;consent to sterilizationand consent to withholding life-prolonging medical treatment
(g) (1) A consent is final when executed, unless the parent whose consentis atissue, priorto issuance of the order appointing a permanent custodian, proves by clear andconvincing evidencethat the consent was not freely and voluntarily given. The burden of provingthe consent was notfreely and voluntarily given shall rest with that parent.
(2) If a parent has consented to appointment of a permanent custodian basedupon a beliefthat the child's other parent would so consent or would be found unfit, andthis does not occur, theconsent shall be null and void.
(h) If a permanent custodian is appointed after a judicial finding ofparental unfitness withouta termination of parental rights, the parent shall retain only the followingrights and responsibilities:
(1) The obligation to pay child support and medical support; and
(2) the right to inherit from the child.
(3) The right to consent to adoption of the child.
All other parental rights transfer to the permanent custodian.
(i) If a permanent custodian is appointed after termination of parentalrights, the parent retains noright or responsibilities to the child.
(j) Prior to appointing a permanent custodian, the court shall receive andconsider an assessment ofany potential permanent custodian as provided in K.S.A. 59-2132, and amendmentsthereto. Inmaking an order appointing a permanent custodian the court shall givepreference, to the extent that the court finds it in the child's bestinterests, to first appointing a permanent custodianwho is arelative of the child or second a person with whom the child has closeemotional ties.
(k) If permanent custodians are divorced, such custodian's marriage isannulled or thecourt orders separatemaintenance, the court in that case has jurisdiction to make custodydeterminations between thepermanent custodians.
