Printable Format38-1584.
History: L. 1982, ch. 182, § 55; L. 1983, ch. 140, § 28; L. 1985, ch. 144, § 5; L. 1987, ch. 153, § 2; L. 1994, ch. 301, § 8; L. 2000, ch. 150, § 20; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
Revisor's Note:
Section was amended twice in 1985 session, see also 38-1584a.
Law Review and Bar Journal References:
"The Effect of Domestic Violence on Parental Rights in Kansas after In re Adoption of A.P.," Amy E. Wilbur, 39 W.L.J. 288 (2000).
CASE ANNOTATIONS
1. Cited; preference to relative to the extent to best interests of child, ((c)(3)), close emotional ties to foster parents examined. In re R.P., 12 Kan. App. 2d 503, 749 P.2d 49 (1988).
2. Trial court erred in finding child's best interest served by alternating residences between sets of competing grandparents. In re A.F., 13 Kan. App. 2d 232, 235, 767 P.2d 846 (1989).
3. Appellate scope of review in termination of parental rights stated. In re S.M.Q., 247 Kan. 231, 233, 796 P.2d 543 (1990).
4. Voluntary termination of parental rights (K.S.A. 38-125 et seq.) held to also terminate obligation for support. State ex rel. Secretary of SRS v. Clear, 248 Kan. 109, 116, 804 P.2d 961 (1991).
5. Trial court ruling that adoption was not a viable option for abandoned minor children upheld. In re L.A.M., 268 Kan. 441, 442, 996 P.2d 834 (2000).
6. Section does not create a rebuttable presumption in favor of relative to have custody for purposes of adoption. In re G.M.A., 30 Kan. App. 2d 587, 43 P.3d 881 (2002).
7. Power of court to rescind prior order includes power to order child be placed outside a geographical area. In re J.D., 31 Kan. App. 2d 658, 70 P.3d 700 (2003).
8. Court is authorized to rescind its prior custody order or adoptive placement when it determines agency responsible for placement has not expended reasonable efforts to do so. In re D.C., 32 Kan. App. 2d 962, 92 P.3d 1138 (2004).
9. Mentioned, there is no right to appeal from district court judgment regarding SRS placement with potential adoptive families. In re A.F., 38 Kan. App. 2d 742, 172 P.3d 63 (2007).
10. Cited; consensual appointment of permanent guardian under K.S.A. 38-1587 does not terminate parent's obligation to support child. State ex rel. Secretary of SRS v. Bohrer, 286 Kan. 898, 902, 913, 189 P.3d 1157 (2008).
11. Termination of parental rights of imprisoned father upheld; Indian child welfare act construed and applied. In re M.B., 39 Kan. App. 2d 31, 45, 176 P.3d 977 (2008).