38-2269. Factors to be considered in termination of parental rights; appointment of permanent custodian.
38-2269
38-2269. Factors to be considered in termination ofparental rights; appointment of permanent custodian.(a) When the child has been adjudicated to be a child inneed of care,the court may terminate parental rights or appoint a permanent custodian whenthe court finds byclear and convincing evidence that the parent is unfit by reason of conduct orcondition whichrenders the parent unable to care properly for a child and the conduct orcondition is unlikely tochange in the foreseeable future.
(b) In making a determination of unfitness the court shall consider, but isnot limited to, thefollowing, if applicable:
(1) Emotional illness, mental illness, mental deficiency or physicaldisability of the parent,of such duration or nature as to render the parent unable to care for theongoing physical, mental andemotional needs of the child;
(2) conduct toward a child of a physically, emotionally or sexually cruel orabusive nature;
(3) the use of intoxicating liquors or narcotic or dangerous drugs of suchduration or natureas to render the parent unable to care for the ongoing physical, mental oremotional needs of thechild;
(4) physical, mental or emotional abuse or neglect or sexual abuse of achild;
(5) conviction of a felony and imprisonment;
(6) unexplained injury or death of another child or stepchild of the parentor any child in thecare of the parent at the time of injury or death;
(7) failure of reasonable efforts made by appropriate public or privateagencies torehabilitate the family;
(8) lack of effort on the part of the parent to adjust the parent'scircumstances, conduct orconditions to meet the needs of the child; and
(9) whether the child has been in extended out of home placement as a resultof actions or inactions attributable to the parent and one or moreof thefactors listed in subsection (c) apply.
(c) In addition to the foregoing, when a child is not in the physical custodyof a parent, thecourt, shall consider, but is not limited to, the following:
(1) Failure to assure care of the child in the parental home when able to doso;
(2) failure to maintain regular visitation, contact or communication with thechild or with thecustodian of the child;
(3) failure to carry out a reasonable plan approved by the court directedtoward theintegration of the child into a parental home; and
(4) failure to pay a reasonable portion of the cost of substitute physicalcare and maintenancebased on ability to pay.
In making the above determination, the court may disregard incidentalvisitations, contacts,communications or contributions.
(d) A finding of unfitness may be made as provided in this section if thecourt finds that theparents have abandoned the child, the custody of the child was surrenderedpursuant toK.S.A. 2009 Supp.38-2282,and amendments thereto, or the child was left under such circumstances that theidentity of theparents is unknown and cannot be ascertained, despite diligent searching, andthe parents have notcome forward to claim the child within three months after the child is found.
(e) If a person is convicted of a felony in which sexual intercourseoccurred, or if a juvenileis adjudicated a juvenile offender because of an act which, if committed by anadult, would be afelony in which sexual intercourse occurred, and as a result of the sexualintercourse, a child isconceived, a finding of unfitness may be made.
(f) The existence of any one of the above factors standing alone may, butdoes notnecessarily, establish grounds for termination of parental rights.
(g) (1) If the court makes a finding of unfitness, the court shall considerwhether termination of parental rights as requested in the petition or motionis in the best interests of the child. Inmakingthe determination, the court shall give primary consideration to the physical,mental and emotionalhealth of the child. If the physical, mental or emotional needs of the childwould best be served bytermination of parental rights, the court shall so order. A termination ofparental rights under thecode shall not terminate the right of achild to inherit from orthrough a parent. Upon such termination all rights of the parent to suchchild, including, such parent's rightto inherit from or through such child, shall cease.
(2) If the court terminates parental rights, the court may authorizeadoption pursuant toK.S.A. 2009 Supp.38-2270, and amendments thereto, appointment of a permanentcustodianpursuant toK.S.A. 2009 Supp.38-2272,and amendments thereto, or continued permanency planning.
(3) If the court does not terminate parental rights, the court may authorizeappointment ofa permanent custodian pursuant toK.S.A. 2009 Supp.38-2272, and amendmentsthereto, orcontinued permanencyplanning.
(h) If a parent is convicted of an offense as provided in subsection (a)(7)ofK.S.A. 2009 Supp.38-2271, andamendments thereto, or is adjudicated a juvenile offender because of an actwhich if committed byan adult would be an offense as provided in subsection (a)(7) ofK.S.A. 2009 Supp.38-2271, andamendments thereto,and if the victim was the other parent of a child, the court may disregard suchconvicted oradjudicated parent's opinions or wishes in regard to the placement of suchchild.
(i) A record shall be made of the proceedings.
(j) When adoption, proceedings to appoint a permanent custodian or continuedpermanencyplanning has been authorized, the person or agency awarded custody of thechild shall within 30days submit a written plan for permanent placement which shall includemeasurable objectives andtime schedules.
History: L. 2006, ch. 200, § 64;L. 2008, ch. 169, § 19; July 1.