Determining the Best Interests of the Child - Kansas

Guiding Principles

Citation: Ann. Stat. § 38-2201(b) 

The code shall be liberally construed to carry out the policies of the State, which are to do the following:

• Consider the safety and welfare of a child to be paramount in all proceedings under the code
• Encourage the reporting of suspected child abuse and neglect
• Investigate reports of suspected child abuse and neglect thoroughly and promptly
• Provide for the protection of children who have been subject to physical, mental, sexual, or emotional abuse or neglect
• Place children in permanent family settings, in the absence of compelling reasons to the contrary

 Best Interests Factors

Citation: Ann. Stat. § 38-2201(b) 

The code shall be liberally construed to carry out the policies of the State, which are to do the following:

• Provide that each child who comes within the provisions of the code receive the care, custody, guidance, control, and discipline that will best serve the child's welfare and the interests of the State, preferably in the child's home and recognizing that the child's relationship with such child's family is important to the child's well-being 
• Make the ongoing physical, mental, and emotional needs of the child decisive considerations in proceedings under this code
• Acknowledge that the time perception of a child differs from that of an adult and to dispose of all proceedings under this code without unnecessary delay
• Provide preventative and rehabilitative services, when appropriate, to abused and neglected children and their families so, if possible, the families can remain together without further threat to the children
• Provide stability in the life of a child who must be removed from the home of a parent

Other Considerations

This issue is not addressed in the statutes reviewed.