US Laws, Codes, Statutes & Cases

      38-1565.   Plan for reintegration of child into family or other alternative placement; reports by foster parents; inadequacy of plan, commencement of proceedings pursuant to this code, hearing; new or modified plan. (a) If a child is placed outside the child's home and no permanency plan is made a part of the record of the dispositional hearing, a written permanency plan shall be prepared which provides for reintegration of the child into the child's family or, if reintegration is not a viable alternative, for other permanent placement of the child. Reintegration may not be a viable alternative when the: (1) Parent has been found by a court to have committed murder in the first degree, K.S.A. 21-3401 and amendments thereto, murder in the second degree, K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A. 21-3439 and amendments thereto, voluntary manslaughter, K.S.A. 21-3403 and amendments thereto or violated a law of another state which prohibits such murder or manslaughter of a child; (2) parent aided or abetted, attempted, conspired or solicited to commit such murder or voluntary manslaughter of a child as provided in subsection (a)(1); (3) parent committed a felony battery that resulted in bodily injury to the child or another child; (4) parent has subjected the child or another child to aggravated circumstances as defined in K.S.A. 38-1502, and amendments thereto; (5) parental rights of the parent to another child have been terminated involuntarily; or (6) the child has been in extended out of home placement as defined in K.S.A. 38-1502 and amendments thereto. If the permanency goal is reintegration into the family, the permanency plan shall include measurable objectives and time schedules for reintegration. The plan shall be submitted to the court not later than 30 days after the dispositional order is entered. If the child is placed in the custody of the secretary, the plan shall be prepared and submitted by the secretary. If the child is placed in the custody of a facility or person other than the secretary, the plan shall be prepared and submitted by a court services officer.

      (b)   A court services officer or, if the child is in the secretary's custody, the secretary shall submit to the court, at least every six months, a written report of the progress being made toward the goals of the permanency plan submitted pursuant to subsection (a) and the specific actions taken to achieve the goals of the permanency plan. If the child is placed in foster care, the foster parent or parents shall submit to the court, at least every six months, a report in regard to the child's adjustment, progress and condition. The department of social and rehabilitation services shall notify the foster parent or parents of the foster parent's or parent's duty to submit such report, on a form provided by the department of social and rehabilitation services, at least two weeks prior to the date when the report is due, and the name of the judge and the address of the court to which the report is to be submitted. Such report shall be confidential and shall only be reviewed by the court and the child's guardian ad litem. The court shall review the plan submitted by the secretary, the reports submitted by foster parents and determine whether reasonable efforts and progress have been made to achieve the goals of the permanency plan. If the court determines that progress is inadequate or that the permanency plan is no longer viable, the court shall hold a hearing pursuant to subsection (c). If the secretary has custody of the child, such hearing shall be held no more than 12 months after the child is placed outside the child's home and at least every 12 months thereafter. At each hearing, the court shall make a written finding whether reasonable efforts have been made to accomplish the permanency goal and whether continued out of home placement is necessary for the child's safety. If the goal of the permanency plan submitted pursuant to subsection (a) is reintegration into the family and the court determines after 12 months from the time such plan is first submitted that progress is inadequate, the court shall hold a hearing pursuant to subsection (c). Nothing in this subsection shall be interpreted to prohibit termination of parental rights prior to the expiration of 12 months.

      (c)   Whenever a hearing is required under subsection (b), the court shall notify all interested parties and the foster parents, preadoptive parents or relatives providing care for the child and hold a hearing. Individuals receiving notice pursuant to this subsection shall not be made a party to the action solely on the basis of this notice and opportunity to be heard. After providing the interested parties, foster parents, preadoptive parents or relatives providing care for the child an opportunity to be heard, the court shall determine whether the child's needs are being adequately met and whether reintegration continues to be a viable alternative. If the court finds reintegration is no longer a viable alternative, the court shall consider whether the child is in a stable placement with a relative, services set out in the case plan necessary for the safe return of the child have been made available to the parent with whom reintegration is planned or compelling reasons are documented in the case plan to support a finding that neither adoption nor permanent guardianship are in the child's best interest. If reintegration is not a viable alternative and either adoption or permanent guardianship might be in the best interests of the child, the county or district attorney or the county or district attorney's designee shall file a motion to terminate parental rights or a motion to establish a permanent guardianship within 30 days and the court shall set a hearing on such motion within 90 days of the filing of such motion. When the court finds reintegration continues to be a viable alternative, the court shall determine whether and, if applicable, when the child will be returned to the parent; may rescind any of its prior dispositional orders and enter any dispositional order authorized by this code or may order that a new plan for the reintegration be prepared and submitted to the court. If reintegration cannot be accomplished as approved by the court, the court shall be informed and shall schedule a hearing pursuant to subsection (c). No such hearing is required when the parents voluntarily relinquish parental rights or agree to appointment of a permanent guardian.

      History:   L. 1982, ch. 182, § 49; L. 1985, ch. 145, § 2; L. 1987, ch. 153, § 1; L. 1989, ch. 122, § 1; L. 1990, ch. 148, § 1; L. 1994, ch. 301, § 5; L. 1998, ch. 139, § 5; L. 1999, ch. 156, § 9; L. 2000, ch. 150, § 14; June 1.