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K.S.A. 38-2233

Filing of petition on referral by the department for children and families or other person; filing by individual

Applied in 1 court decision — leading case San Francisco Human Services Agency v. Felicia C. (2011)

Most recently applied in San Francisco Human Services Agency v. Felicia C. (September 2011)

L. 2006, ch. 200, § 28; January 1, 2007.

(a) Whenever the secretary or any other person refers a case to the county or district attorney for the purpose of filing a petition alleging that a child is a child in need of care, the county or district attorney shall review the facts, recommendations and any other evidence available and determine if the circumstances warrant filing a petition.

(b) Any individual may file a petition alleging a child is a child in need of care and the individual may be represented by the individual's own attorney in the presentation of the case.

(c) When a petition is filed alleging an infant surrendered pursuant to K.S.A. 38-2282 , and amendments thereto, is a child in need of care, the petition shall include a request that the court find that reintegration is not a viable alternative. Such petition also shall include a request to terminate the parental rights of the parents of such infant. An expedited hearing shall be granted on any petition filed pursuant to this subsection.

Official source: Kansas Office of Revisor of Statutes. Reproduced from public-domain Kansas statutes; confirm against the official source for the current text. Not legal advice.