US Laws, Codes, Statutes & Cases

      38-1582.   Procedure upon receipt of request. (a) Upon receiving a petition or motion requesting termination of parental rights or permanent guardianship the court shall set the time and place for the hearing on the request.

      (b) (1)   The court shall give notice of the hearing: (A) As provided in K.S.A. 38-1533 and 38-1534 and amendments thereto; (B) to all the child's grandparents at their last known addresses or, if no grandparent is living or if no living grandparent's address is known, to the closest relative of each of the child's parents whose address is known; and (C) to the foster parents, preadoptive parents or relatives providing care; which notice shall be given by restricted mail not less than 10 business days before the 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.

      (2)   The provisions of subsection (b)(1)(B) shall not require additional notice to any person otherwise receiving notice of the hearing pursuant to K.S.A. 38-1536 and amendments thereto.

      (3)   Prior to the commencement of the hearing the court shall determine that due diligence has been used in determining the identity of the interested parties and in accomplishing service of process.

      (c)   In any case in which a parent of a child cannot be located by the exercise of due diligence, service shall be made upon the child's nearest blood relative who can be located and upon the person with whom the child resides. Service by publication shall be ordered upon the parent.

      (d)   Prior to a hearing on a petition or a motion requesting termination of parental rights, the court shall appoint an attorney to represent any parent who fails to appear and may award a reasonable fee to the attorney for services. The fee may be assessed as an expense in the proceedings.

      History:   L. 1982, ch. 182, § 53; L. 1994, ch. 301, § 6; L. 1998, ch. 139, § 7; July 1.