2006 Kansas Code - 38-1534

      38-1534.   Service of process. Summons, notice of hearings and other process may be served by one of the following methods:

      (a)   Personal service. Personal service is completed by delivering a copy of the process personally to the person named therein. Personal service upon an individual outside the state shall be made in substantial compliance with the applicable provisions of K.S.A. 60-308 and amendments thereto.

      (b)   Residential service. Residential service is completed by leaving a copy of the process with a person of suitable age and discretion residing therein or by leaving a copy in a conspicuous place at the usual place of residence of the person named therein at least 48 hours prior to the hearing for which the summons, notice or other process is issued.

      (c)   Restricted mail service. Service by restricted mail is completed upon mailing in accordance with the provisions of K.S.A. 60-103 and amendments thereto.

      (d)   Regular mail service. Service may be made by regular mail, addressed to the individual to be served at the usual place of residence of the person with postage prepaid, and is completed upon the person appearing before the court in response thereto. If the person fails to appear, the summons, notice or other process shall be delivered by personal service, residential service, restricted mail service or publication service.

      (e)   Service upon confined parent. If a parent of a child who is the subject of proceedings under this code is confined in a state penal institution, state hospital or other state institution, service shall be made by restricted mail to both the confined parent and the person in charge of the institution. It shall be the duty of the person in charge of the institution to confer with the parent, if the parent's mental condition is such that a conference will serve any useful purpose, and advise the court in writing as to the wishes of the parent with regard to the child.

      (f)   Affidavit for service by publication. Before service by publication, the petitioner, or someone on behalf of the petitioner, shall file an affidavit which shall be in substantially the following form:

(Caption of Case)

STATE OF KANSAS ___________ COUNTY, SS

_________________________, of lawful age, being first duly sworn, states that:

(1)   Affiant is (state position) and makes this affidavit for the purpose of obtaining service by publication upon the parties named herein.

(2)   Affiant has made a reasonable, but unsuccessful, effort to ascertain the names and/or residences of the parties named or described herein.

(3)   The parties on whom service by publication is sought are as follows: (Names or, if names are unknown, description of relationship to alleged child in need).

____________________ (Signature)

      (g)   Service by publication. The notice shall be published once a week for two consecutive weeks in some newspaper authorized to publish legal notices in the county where the petition is filed. The notice shall be in substantially the following form:

(Caption of Case)

TO: (Names and/or descriptive relationship of parties to whom notice is given) and all other persons who are or may be concerned:

      A (describe pleading) has been filed in this court requesting that the court (describe action the court is being requested to take).

      You are required to appear before this court at (state time, date and location) or prior to that time file your written response to the pleading with the clerk of this court. If, after a child has been adjudged to be a child in need of care, the court finds a parent or parents to be unfit, the court may make an order permanently terminating the parent's or parents' parental rights.

      ______________, an attorney, has been appointed as guardian ad litem for the child or children. Each parent or other legal custodian of the child or children has the right to appear and be heard personally either with or without an attorney. The court will appoint an attorney for a parent who is financially unable to hire one.

Clerk of the District Court

by ____________________________

      History:   L. 1982, ch. 182, § 30; Jan. 1, 1983.