2006 Kansas Code - 38-1504

      38-1504.   Venue. (a) Venue of any case involving a child in need of care shall be in the county of the child's residence or in the county where the child may be found.

      (b)   Upon application of the petitioner, or any person authorized to appeal any final order in any proceedings pursuant to this code and after notice to all other interested parties, the court in which original proceedings are pending alleging that a child is a child in need of care may order the proceedings transferred to the court of the county where the child is physically present, where the parent or parents reside or where other proceedings are pending in this state concerning custody of the same child or children. The judge of the court in which the case is pending shall consult with the judge of the court to which the case is to be transferred prior to transfer of the case. If the judges do not agree that the case should be transferred or if a hearing is requested, a hearing shall be held on the desirability of the transfer, with notice to interested parties, the state department of social and rehabilitation services and the proposed receiving court. If the judge of the transferring court orders the case to be transferred, the order of transfer shall include findings stating why the case is being transferred and, if available, the names and addresses of all interested parties upon whom the receiving court should serve notice of any further proceedings. The court to which the case is transferred shall accept the case. Any judge transferring any case to another court shall transmit a complete record thereof and, upon receipt of the record, the receiving court shall assume jurisdiction as if the proceedings were originally filed in that court. The transferring judge, if an adjudicatory hearing has been held, shall also transmit recommendations as to disposition. In case the child is not present in the county to which the case is transferred and that county is not the residence of the child's parent or parents, the court shall return the case to the court where it originated.

      History:   L. 1982, ch. 182, § 4; L. 1983, ch. 140, § 13; July 1.