State Codes and Statutes

Statutes > Kansas > Chapter39 > Article7 > Statutes_16647

39-7,156

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE

      39-7,156.   Same; prevention ofcertification.(a) A person may prevent certification pursuantto subsection (e) ofK.S.A. 2009 Supp.39-7,155, and amendments thereto, or mayrequest decertification if:

      (1)   The arrearages are paid in full or a tribunal ofcompetent jurisdiction has determined that no arrearage is owed;

      (2)   an income withholding order in the case has been servedupon the person's current employer or payor;

      (3)   an agreement has been completed or an order has beenentered setting minimum payments to defray the arrearage,together with receipt of the first minimum payment; or

      (4)   the person has complied with the warrant or subpoena orthe warrant or subpoena has been quashed or withdrawn.

      (b)   The burden of showing that the applicable requirementsof subsection (a) have been met shall be upon the person seekingto prevent certification or to be decertified. If the secretaryof social and rehabilitation services is satisfied that theperson has met the necessary requirements and the person has beencertified pursuant toK.S.A. 2009 Supp.39-7,155, and amendments thereto, thesecretary shall decertify the person immediately.

      History:   L. 2006, ch. 186, § 2; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter39 > Article7 > Statutes_16647

39-7,156

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE

      39-7,156.   Same; prevention ofcertification.(a) A person may prevent certification pursuantto subsection (e) ofK.S.A. 2009 Supp.39-7,155, and amendments thereto, or mayrequest decertification if:

      (1)   The arrearages are paid in full or a tribunal ofcompetent jurisdiction has determined that no arrearage is owed;

      (2)   an income withholding order in the case has been servedupon the person's current employer or payor;

      (3)   an agreement has been completed or an order has beenentered setting minimum payments to defray the arrearage,together with receipt of the first minimum payment; or

      (4)   the person has complied with the warrant or subpoena orthe warrant or subpoena has been quashed or withdrawn.

      (b)   The burden of showing that the applicable requirementsof subsection (a) have been met shall be upon the person seekingto prevent certification or to be decertified. If the secretaryof social and rehabilitation services is satisfied that theperson has met the necessary requirements and the person has beencertified pursuant toK.S.A. 2009 Supp.39-7,155, and amendments thereto, thesecretary shall decertify the person immediately.

      History:   L. 2006, ch. 186, § 2; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter39 > Article7 > Statutes_16647

39-7,156

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE

      39-7,156.   Same; prevention ofcertification.(a) A person may prevent certification pursuantto subsection (e) ofK.S.A. 2009 Supp.39-7,155, and amendments thereto, or mayrequest decertification if:

      (1)   The arrearages are paid in full or a tribunal ofcompetent jurisdiction has determined that no arrearage is owed;

      (2)   an income withholding order in the case has been servedupon the person's current employer or payor;

      (3)   an agreement has been completed or an order has beenentered setting minimum payments to defray the arrearage,together with receipt of the first minimum payment; or

      (4)   the person has complied with the warrant or subpoena orthe warrant or subpoena has been quashed or withdrawn.

      (b)   The burden of showing that the applicable requirementsof subsection (a) have been met shall be upon the person seekingto prevent certification or to be decertified. If the secretaryof social and rehabilitation services is satisfied that theperson has met the necessary requirements and the person has beencertified pursuant toK.S.A. 2009 Supp.39-7,155, and amendments thereto, thesecretary shall decertify the person immediately.

      History:   L. 2006, ch. 186, § 2; July 1.