2006 Kansas Code - 38-1585

      38-1585.   Presumption of unfitness, when; burden of proof. (a) It is presumed in the manner provided in K.S.A. 60-414 and amendments thereto that a parent is unfit by reason of conduct or condition which renders the parent unable to fully care for a child, if the state establishes by clear and convincing evidence that:

      (1)   A parent has previously been found to be an unfit parent in proceedings under K.S.A. 38-1581 et seq. and amendments thereto, or comparable proceedings under the laws of another state, or the federal government;

      (2)   a parent has twice before been convicted of a crime specified in article 34, 35, or 36 of chapter 21 of the Kansas Statutes Annotated, or comparable offenses under the laws of another state, the federal government or any foreign government, or an attempt or attempts to commit such crimes and the victim was under the age of 18 years;

      (3)   on two or more prior occasions a child in the physical custody of the parent has been adjudicated a child in need of care as defined by subsection (a)(3) of K.S.A. 38-1502 and amendments thereto;

      (4)   the parent has been convicted of causing the death of another child or stepchild of the parent;

      (5)   the child has been in an out-of-home placement, other than kinship care, under court order for a cumulative total period of one year or longer and the parent has substantially neglected or willfully refused to carry out a reasonable plan, approved by the court, directed toward reintegration of the child into the parental home;

      (6) (A)   the child has been in an out-of-home placement, other than kinship care, under court order for a cumulative total period of two years or longer; (B) the parent has failed to carry out a reasonable plan, approved by the court, directed toward reintegration of the child into the parental home; and (C) there is a substantial probability that the parent will not carry out such plan in the near future;

      (7)   a parent has been convicted of capital murder, K.S.A. 21-3439 and amendments thereto, 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 or voluntary manslaughter, K.S.A. 21-3403 and amendments thereto, or if a juvenile has been adjudicated a juvenile offender because of an act which if committed by an adult would be an offense as provided in this subsection, and the victim of such murder was the other parent of the child; or

      (8)   the parent has been granted immunity from prosecution for abandonment of such child under subsection (b) of K.S.A. 21-3604, and amendments thereto.

      (b)   The burden of proof is on the parent to rebut the presumption. If a parent has been convicted of capital murder, K.S.A. 21-3439 and amendments thereto or murder in the first degree, K.S.A. 21-3401 and amendments thereto as provided in subsection (a)(7), the burden of proof is on the parent to rebut the presumption by clear and convincing evidence. In the absence of proof that the parent is presently fit and able to care for the child or that the parent will be fit and able to care for the child in the foreseeable future, the court shall now terminate the parents parental rights in proceedings pursuant to K.S.A. 38-1581 et seq. and amendments thereto.

      History:   L. 1992, ch. 318, § 8; L. 1994, ch. 301, § 9; L. 1998, ch. 139, § 9; L. 2000, ch. 174, § 15; July 1.