38-1529


      38-1529.   Filing of petition on referral by SRS or other person; filing by individual. (a) Whenever the state department of social and rehabilitation services 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 and recommendations of the department and any other evidence available and make a determination whether or not the circumstances warrant the filing of the 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. 38-15,100, 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.

      History:   L. 1982, ch. 182, § 26; L. 2000, ch. 174, § 13; July 1.