US Laws, Codes, Statutes & Cases

      38-1559.   Predispositional alternative; placement with person other than child's parent; conference of relatives, recommendations; immunity. (a) Before placement of a child with a person other than the child's parent pursuant to this code, the secretary or a representative of the secretary may convene a conference of the child's grandparents, aunts, uncles, siblings, cousins and other relatives determined by the secretary or the secretary's representative to have a potential interest in determining a placement which is in the best interests of the child. The secretary or the secretary's representative shall provide for the child's relatives to be given any information relevant to the determination of the placement of the child, including the needs of the child and any other information that would be helpful in making a placement in the best interests of the child. After presentation of the information, the relatives of the child shall be permitted to discuss and decide, outside the presence of any other persons, the family member or members with whom it would be in the child's best interest to be placed. The relatives shall make their recommendation to the secretary or the secretary's representative. Unless the secretary determines that there is good cause to place the child with a person other than the relative recommended by the child's relatives, the child shall be placed in accordance with the recommendations of the relatives.

      (b)   Before placement of a child with a person other than the child's parent pursuant to this code, the court or a court services officer at the direction of the court may convene a conference of the child's grandparents, aunts, uncles, siblings, cousins and other relatives determined by the court or court services officer to have a potential interest in determining a placement which is in the best interests of the child. The court or the court services officer shall provide for the child's relatives to be given any information relevant to the determination of the placement of the child, including the needs of the child and any other information that would be helpful in making a placement in the best interests of the child. After presentation of the information, the relatives of the child shall be permitted to discuss and decide, outside the presence of any other persons, the family member or members with whom it would be in the child's best interest to be placed. The relatives shall make their recommendation to the court or court services officer. Unless the court determines that there is good cause to place the child with a person other than the relative recommended by the child's relatives, the child shall be placed in accordance with the recommendations of the relatives.

      (c)   A person participating in a conference pursuant to this section shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of the person's participation.

      (d)   This section shall be part of and supplemental to the Kansas code for care of children.

      History:   L. 1994, ch. 301, § 11; July 1.