(a)SOUL family legal permanency may be appointed with:
(1)Agreement and approval of a child 16 years of age or older;
(2)agreement and consent of the child's parent unless there has been a finding of unfitness or termination of parental rights and parental consent is no longer required; and
(3)approval of the court set forth in a court order.
(b)The court may order SOUL family legal permanency:
(1)After a finding of unfitness pursuant to K.S.A. 38-2269, and amendments thereto; (2)after termination of parental rights pursuant to K.S.A. 38-2270, and amendments thereto; or (3)when determined by the court to be in the best interests of a child 16 years of age or older and the requirements of subsection (a) are met.
(c)Prior to submitting SOUL family legal permanency for appointment by
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(a) SOUL family legal permanency may be appointed with:
(1) Agreement and approval of a child 16 years of age or older;
(2) agreement and consent of the child's parent unless there has been a finding of unfitness or termination of parental rights and parental consent is no longer required; and
(3) approval of the court set forth in a court order.
(b) The court may order SOUL family legal permanency:
(1) After a finding of unfitness pursuant to K.S.A. 38-2269, and amendments thereto;
(2) after termination of parental rights pursuant to K.S.A. 38-2270, and amendments thereto; or
(3) when determined by the court to be in the best interests of a child 16 years of age or older and the requirements of subsection (a) are met.
(c) Prior to submitting SOUL family legal permanency for appointment by the court, the secretary for children and families shall:
(1) Observe the child in the home of the potential SOUL family legal permanency custodian with whom the child will reside and determine the ability and suitability of the potential custodian to care for the child;
(2) determine whether the names of any potential SOUL family legal permanency custodians appear on the Kansas department for children and families child abuse and neglect registry and whether any potential custodians have been convicted of crimes specified in K.S.A. 59-2132(e), and amendments thereto;
(3) consider, to the extent the secretary determines the appointment to be in the best interests of the child, appointing a relative or an individual with whom the child has close emotional ties; and
(4) submit a report to the court containing determinations required by this subsection.
(d) Prior to ordering SOUL family legal permanency, the court shall review and consider:
(1) The report submitted by the secretary pursuant to subsection (c); and
(2) information provided by the secretary related to benefits, including, but not limited to, financial support, medical coverage and educational support, if SOUL family legal permanency is established by the court.
(e) The court shall ensure the child has access to the maximum allowable benefits available under other permanency options pursuant to K.S.A. 38-2264, and amendments thereto.
(f) When appointing SOUL family legal permanency, the court shall consider, to the extent the court finds it is in the child's best interest, appointing a relative or an individual with whom the child has close emotional ties. If the court appoints more than one individual as a SOUL family legal permanency custodian, the child and the individual may be unrelated.
(g) Upon the establishment of SOUL family legal permanency, the secretary's custody of the child shall cease. The court's jurisdiction over the child shall continue unless the court enters an order terminating jurisdiction pursuant to K.S.A. 38-2203, and amendments thereto, and this section.
(h) If there is more than one SOUL family legal permanency custodian, one individual shall be designated as primary custodian by the court with the approval of the child and the individual to serve in such role. If a dispute arises between the child and the SOUL family legal permanency custodian or between custodians, the primary custodian shall consider information provided by the child and other SOUL family legal permanency custodians for possible resolution of a dispute. If a dispute remains unresolved prior to the child reaching 18 years of age, or June 1 of the school year during which the child became 18 years of age if the child is still attending high school, subsequent to the filing of a motion by the child or SOUL family legal permanency custodian, the court may consider such motion and may order alternative dispute resolution. If the court has previously terminated jurisdiction pursuant to K.S.A. 38-2203, and amendments thereto, or this section, the court may reinstate the child's case to consider such motion.
(i) Subject to subsection (j), a SOUL family legal permanency custodian shall stand in loco parentis to the child and exercise all of the rights and responsibilities of a parent, except that such custodian shall not:
(1) Consent to an adoption of the child; or
(2) be subject to court-ordered child support or medical support for the child.
(j) The court, upon motion of parties or interested parties or its own motion, may impose limitations or conditions upon the rights and responsibilities of the SOUL family legal permanency as determined by the court to be in the best interests of the child.
(k) Absent a judicial finding of unfitness or court-ordered limitations pursuant to subsection (i), a SOUL family legal permanency custodian may share parental responsibilities with a parent of the child if the SOUL family legal permanency custodian determines sharing of parental responsibilities is in the best interests of the child. Sharing parental responsibilities does not relieve the SOUL family legal permanency custodian of legal responsibility.
(l) When parental consent is required for the appointment of SOUL family legal permanency, the consent shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If the consent is acknowledged before a judge of a court of record, it shall be the duty of the court before that consent is acknowledged to advise the consenting parent of the consequences of the consent, including the following:
(1) Do you understand that your parental rights are not being terminated by the order establishing SOUL family legal permanency and you can be ordered to pay child support and medical support for your child?
(2) Do you understand that to exercise the rights you still have with your child, you must keep the court up to date about how to contact you? This means that the court needs to always have your current address and telephone number.
(3) Do you understand that if you want information about your child's health or education, you will have to keep the information you give the court about where you are up to date because the information about your child will be sent to the last known address the court has?
(4) Do you understand that you may be able to have some contact with your child, but only if the SOUL family legal permanency custodian decides it is in the best interests of the child and if the court allows the contact?
(5) Do you understand that unless the court orders differently, the SOUL family legal permanency custodian has the right to make decisions about day-to-day care of your child?
(m) A parental consent is final when executed, unless the parent whose consent is at issue, prior to issuance of the order appointing a SOUL family legal permanency custodian, proves by clear and convincing evidence that the consent was not freely and voluntarily given. The burden of proving the consent was not freely and voluntarily given shall rest with that parent.
(n) If a parent has consented to appointment of a SOUL family legal permanency based upon a belief that the child's other parent would so consent or be found unfit, and such other parent does not consent, the consent shall be null and void.
(o) If a SOUL family legal permanency custodian is ordered after a judicial finding of parental unfitness without a termination of parental rights, all parental rights transfer to the SOUL family legal permanency, except for:
(1) The obligation to pay child support and medical support;
(2) the right to inherit from the child; and
(3) the right to consent to adoption of the child.
(p) If SOUL family legal permanency is ordered after termination of parental rights, the parent retains no rights or responsibilities to the child pursuant to the termination by the court.
(q) The court may recognize other individuals in addition to the individuals appointed by the court as the child's SOUL family legal permanency custodian, who shall testify to the court, with request and approval by the child, that they will provide support as requested by and agreed upon with the child and the SOUL family legal permanency custodian. Such other individuals shall have no legal obligations or rights related to the child pursuant to the court's recognition as set out in this subsection.
(r) All SOUL family legal permanency custodians acting in such capacity shall execute sworn documents related to the appointment confirming the custodian's willingness to serve as a SOUL family legal permanency custodian and an order of the court. Such documents shall be filed with the court.
(s) If SOUL family legal permanency custodians are married to each other and, subsequent to the SOUL family legal permanency appointment, are divorced, the marriage is annulled or the court orders separate maintenance, the court shall make custody determinations between the SOUL family legal permanency custodians.
(t) A SOUL family legal permanency custodian shall consider whether the custodian will provide any rights of inheritance to the child and medical power of attorney for the child for whom they were appointed a SOUL family legal permanency custodian and separately execute such agreements.
Section intended to be part of revised Kansas code for care of children.