K.S.A. 38-146

If there are no grandparents of a child who are willing to participate in the program, the secretary may include in the program any other close relative who becomes the legal guardian of the child or obtains legal custody of the child, as granted by a court of competent jurisdiction or through placement by the secretary. In order to participate, such relative must meet the eligibility requirements of subsections (a)(1), (a)(2) and (a)(3) of K.S.A. 38-145 , and amendments thereto. A relative qualifying for the program pursuant to this section shall be considered a grandparent for purposes of this act.