Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-755.Actions by secretary to establish parentage and to enforcesupport rights; necessary parties to proceedings; counsel; orders;application of section.(a) In cases where the secretary of social and rehabilitation servicesis deemed to have an assignment of support rights in accordancewith the provisions of K.S.A. 39-709 and amendments thereto, the secretary isauthorized to bring a civil action in the name of the state of Kansas orof the obligee whose support rights are assigned toenforce such support rights, establish an order for medical supportand, when appropriate or necessary, toestablish the parentage of a child. The secretarymay also enforce any assigned support order or file a motion to modify any suchorder.
(b) The secretary of social and rehabilitation services shall be deemed tohold the interests of allpersons, officials and agencies having an interest in the assignment.The court shall determine, in accordance with applicable provisions oflaw, the parties necessary to the proceeding and whether independentcounsel should be appointed to represent any party to the assignment orany other person having an interest in the support right.In any action or proceeding brought by the secretary of social andrehabilitation services to establish paternity or to establish, modify orenforce a support obligation, the social and rehabilitation services' attorneyor the attorneys with whom the agency contracts to provide legal services shallrepresent the state department of social and rehabilitation services. Nothingin this section shall be construed to modify any statutory mandate, authorityor confidentiality required by any governmental agency. Any representation bysuch attorney shall not be construed to create an attorney-client relationshipbetween the attorney and any party other than the state department of socialand rehabilitation services.
(c) Any support order made by the court in such a proceeding shalldirect that payments be made to the secretary of social andrehabilitation services so long as there is in effect an assignment ofsupport rights to the secretary and, upon notification by the secretaryto the court that the assignment is terminated, that payments be made tothe person or family.
(d) The provisions of this section shall also apply to cases brought bythe secretary on behalf of persons who have applied forservices pursuant to K.S.A. 39-756 and amendments thereto.
History: L. 1976, ch. 210, § 4; L. 1980, ch. 125, § 3;L. 1985, ch. 115, § 46;L. 1986, ch. 137, § 24;L. 1994, ch. 292, § 13; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-755.Actions by secretary to establish parentage and to enforcesupport rights; necessary parties to proceedings; counsel; orders;application of section.(a) In cases where the secretary of social and rehabilitation servicesis deemed to have an assignment of support rights in accordancewith the provisions of K.S.A. 39-709 and amendments thereto, the secretary isauthorized to bring a civil action in the name of the state of Kansas orof the obligee whose support rights are assigned toenforce such support rights, establish an order for medical supportand, when appropriate or necessary, toestablish the parentage of a child. The secretarymay also enforce any assigned support order or file a motion to modify any suchorder.
(b) The secretary of social and rehabilitation services shall be deemed tohold the interests of allpersons, officials and agencies having an interest in the assignment.The court shall determine, in accordance with applicable provisions oflaw, the parties necessary to the proceeding and whether independentcounsel should be appointed to represent any party to the assignment orany other person having an interest in the support right.In any action or proceeding brought by the secretary of social andrehabilitation services to establish paternity or to establish, modify orenforce a support obligation, the social and rehabilitation services' attorneyor the attorneys with whom the agency contracts to provide legal services shallrepresent the state department of social and rehabilitation services. Nothingin this section shall be construed to modify any statutory mandate, authorityor confidentiality required by any governmental agency. Any representation bysuch attorney shall not be construed to create an attorney-client relationshipbetween the attorney and any party other than the state department of socialand rehabilitation services.
(c) Any support order made by the court in such a proceeding shalldirect that payments be made to the secretary of social andrehabilitation services so long as there is in effect an assignment ofsupport rights to the secretary and, upon notification by the secretaryto the court that the assignment is terminated, that payments be made tothe person or family.
(d) The provisions of this section shall also apply to cases brought bythe secretary on behalf of persons who have applied forservices pursuant to K.S.A. 39-756 and amendments thereto.
History: L. 1976, ch. 210, § 4; L. 1980, ch. 125, § 3;L. 1985, ch. 115, § 46;L. 1986, ch. 137, § 24;L. 1994, ch. 292, § 13; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-755.Actions by secretary to establish parentage and to enforcesupport rights; necessary parties to proceedings; counsel; orders;application of section.(a) In cases where the secretary of social and rehabilitation servicesis deemed to have an assignment of support rights in accordancewith the provisions of K.S.A. 39-709 and amendments thereto, the secretary isauthorized to bring a civil action in the name of the state of Kansas orof the obligee whose support rights are assigned toenforce such support rights, establish an order for medical supportand, when appropriate or necessary, toestablish the parentage of a child. The secretarymay also enforce any assigned support order or file a motion to modify any suchorder.
(b) The secretary of social and rehabilitation services shall be deemed tohold the interests of allpersons, officials and agencies having an interest in the assignment.The court shall determine, in accordance with applicable provisions oflaw, the parties necessary to the proceeding and whether independentcounsel should be appointed to represent any party to the assignment orany other person having an interest in the support right.In any action or proceeding brought by the secretary of social andrehabilitation services to establish paternity or to establish, modify orenforce a support obligation, the social and rehabilitation services' attorneyor the attorneys with whom the agency contracts to provide legal services shallrepresent the state department of social and rehabilitation services. Nothingin this section shall be construed to modify any statutory mandate, authorityor confidentiality required by any governmental agency. Any representation bysuch attorney shall not be construed to create an attorney-client relationshipbetween the attorney and any party other than the state department of socialand rehabilitation services.
(c) Any support order made by the court in such a proceeding shalldirect that payments be made to the secretary of social andrehabilitation services so long as there is in effect an assignment ofsupport rights to the secretary and, upon notification by the secretaryto the court that the assignment is terminated, that payments be made tothe person or family.
(d) The provisions of this section shall also apply to cases brought bythe secretary on behalf of persons who have applied forservices pursuant to K.S.A. 39-756 and amendments thereto.
History: L. 1976, ch. 210, § 4; L. 1980, ch. 125, § 3;L. 1985, ch. 115, § 46;L. 1986, ch. 137, § 24;L. 1994, ch. 292, § 13; July 1.
