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Revisor's Note:

Section was amended twice in the 2000 session, see also 38-1503a.

Attorney General's Opinions:

Filing of petition on referral by SRS or other person; filing by individual; authority of SRS to file child in need of care petitions. 85-26.

Jurisdiction of municipal courts and district courts to hear cases involving violations of city ordinances and county resolutions by persons under the age of 18 which are not violations if committed by adults. 97-77.

CASE ANNOTATIONS

1. Uniform child custody jurisdiction act applicable to continuing child custody case hereunder. In re Wicks, 10 Kan. App. 2d 124, 125, 693 P.2d 481 (1984).

2. When child involved in involuntary proceeding may be Indian, notice must be served on tribe or Secretary of Interior. In re H.D., 11 Kan. App. 2d 531, 536, 729 P.2d 1234 (1986).

3. Uniform child custody jurisdiction act (K.S.A. 38-1301 et seq.) applies to proceedings held pursuant to code for care of children. In re L.C., 18 Kan. App. 2d 627, 629, 857 P.2d 1375 (1993).

4. Cited; whether the UCCJA (K.S.A. 38-1301 et seq.) applies to adoptions examined; jurisdiction, inconvenient forum examined. In re Adoption of Baby Girl B, 19 Kan. App. 2d 283, 286, 867 P.2d 1074 (1994).

5. "Parent" broadly construed to avoid undue limitation on state's power in parental rights termination case. In re A.N.P., 23 Kan. App. 2d 686, 687, 688, 934 P.2d 995 (1997).

6. Procedure, burden of proof and standard of review examined in Indian parent's parental rights termination case. In re H.A.M., 25 Kan. App. 2d 289, 292, 961 P.2d 716 (1998).

7. Court acted within jurisdictional grant in questioning mother in state action to remove children from mother's care and custody. Calderon v. Kansas Dept. of Social & Rehab. Serv., 181 F.3d 1180, 1184 (10th Cir. 1999).

8. Child in need of care code does not apply to Indian children; court was obliged to apply Indian Child Welfare Act. In re S.M.H., 33 Kan. App. 2d 424, 103 P.3d 976 (2005).

9. Indian child welfare act was not followed in child in need of care case; case remanded. In re M.F., 41 Kan. App. 2d 927, 206 P.3d 57 (2009).