Placement of Children With Relatives - Kansas

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Relative Placement for Foster Care and Guardianship

Citation: Ann. Stat. §§ 38-2202(q), (cc); 38-2255(d)

The term 'kinship care placement' means the placement of a child in the home of an adult with whom the child or the child's parent already has close emotional ties. The term 'relative' means a person related by blood, marriage, or adoption.

If the court has ordered the child removed from the custody of their parent(s), the court shall enter an order awarding custody to any of the following:

  • A relative of the child or to a person with whom the child has close emotional ties who shall not be required to be licensed
  • Any other suitable person
  • A shelter facility
  • A youth residential facility
  • A staff-secure facility, notwithstanding any other provision of law, if the child has been subjected to human trafficking, aggravated human trafficking, or commercial sexual exploitation of a child, or the child committed an act which, if committed by an adult, would constitute a violation of § 21-6419
  • The Department for Children and Families if the child is age 15 or younger, or age 16 or 17 if the child has no identifiable parental or family resources or shows signs of physical, mental, emotional, or sexual abuse

Custody awarded under this subsection shall continue until further order of the court.

Requirements for Placement with Relatives

Citation: Ann. Stat. § 38-2255

A relative of the child or a person with whom the child has close emotional ties who receives custody of the child shall not be required to be licensed under chapter 65, article 5.

When custody of a child is awarded to the department, the department shall consider any placement recommendation by the court and notify the court of the placement or proposed placement of the child within 10 days of the order awarding custody. After providing the parties or interested parties notice and opportunity to be heard, the court may determine whether the department's placement or proposed placement is contrary to the welfare or in the best interests of the child. In making that determination, the court shall consider the health and safety needs of the child and the resources available to meet the needs of children in the custody of the department.

Requirements for Placement of Siblings

Citation: Pol. & Proc. Man. §§ 3237; 5237

Siblings are defined as children who have one or more parents in common either biologically, through adoption, or through the marriage of their parents and with whom the child lived before their foster care placement or with whom the child would be expected to live if the child were not in foster care.

The responsibility for arranging visits with siblings who reside with the parents rests with the parents and shall occur with the same frequency provided for parent/child interactions unless joint visits do not further the permanency goal. Visits between siblings in the custody of the department and in out-of-home placement shall occur at least twice monthly.

When siblings are not placed together, a visiting plan shall be in place that allows for frequent and regular contact between the siblings not placed together. Sibling visits shall occur at least twice monthly. At least one of these visits shall occur during a parent/child interaction to allow the parents and all children to be together at least once per month.

The case manager shall make reasonable efforts to keep siblings who are removed from the home together in the same foster home placement, relative placement, or adoptive home unless placement together is contrary to the safety or well-being of any of the siblings.

If siblings are not placed together when they enter out-of-home placement, a plan shall be made to move them into the same placement as soon as possible. If after 90 days the siblings are still not in the same placement, a staffing that includes the children (if appropriate), parents, relatives/kin, and other significant people shall be held to review the actions taken to reunite siblings and plan further actions needed to accomplish this goal. The staffing shall occur every 90 days until the siblings are placed together unless a sibling split request has been approved.

Relatives Who May Adopt

Citation: Ann. Stat. § 38-2202(cc)

The term 'relative' means a person related by blood, marriage, or adoption.

Requirements for Adoption by Relatives

Citation: Ann. Stat. § 59-2132

The adoption assessment and report required by this section may be waived by the court upon review of a petition requesting such a waiver by a relative of the child.