3508

SILVER HAIRED LEGISLATURE RESOLUTION

NO. 3508

AN ACT concerning children and minors; relating to children removed from custody of parent; consideration of grandparent; amending K.S.A. 2016 Supp. 38-2286 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2016 Supp. 38-2286 is hereby amended to read as follows: 38-2286. (a) Notwithstanding the provisions of other statutes, when a child is removed from the custody of a parent and not placed with the child’s other parent, a grandparent who requests custody, visitation or residency shall receive substantial consideration a presumption that such request is in the best interests of the child when the court is evaluating what custody, visitation or residency arrangements are in the best interests of the child. This presumption may be overcome if the court makes specific findings of fact stating why such request is not in the best interests of the child. Such The court’s evaluation of custody, visitation or residency arrangements shall be stated on the record.

(b) In deciding whether to give custody, visitation or residency to a grandparent pursuant to subsection (a), the court should be guided by the best interests of the child and should consider all relevant factors including, but not limited to, the following:

(1) The wishes of the parents, child and grandparent;

(2) the extent to which the grandparent has cared for, nurtured and supported the child;

(3) the intent and circumstances under which the child is placed with the grandparent, including whether domestic violence is a factor and whether the child is placed to allow the parent to seek work or attend school; and

(4) the physical and mental health of all individuals involved.

(c) If the court does not give custody of a the child to a grandparent pursuant to subsection (b) (a) and the child is placed in the custody of the secretary for children and families, a grandparent who requests placement of the child in such grandparent’s home shall receive substantial consideration in the evaluation of the secretary’s a presumption that placement with such grandparent is in the best interests of the child when the secretary is evaluating placement of the child. This presumption may be overcome if the secretary makes specific findings stating why such request is not in the best interests of the child. The secretary shall consider all relevant factors, including, but not limited to, all factors listed in subsection (b) in deciding whether to place the child in the home of such grandparent. If the secretary decides that the child is not to be placed in the home of such grandparent, the secretary shall prepare and maintain a written report providing the specific reasons for such finding.

(d) The provisions of this section shall not apply to actions filed under the Kansas adoption and relinquishment act, K.S.A. 59-2111 et seq., and amendments thereto.

(e) This section shall be part of and supplemental to the revised Kansas code for care of children.

Sec. 2. K.S.A. 2016 Supp. 38-2286 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.