Kansas Statutes Annotated

K.S.A. § 38-2201 (2026)

Citation; construction of code; policy of state

✓ current as of May 2026

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38-2201. Citation; construction of code; policy of state. K.S.A. 38-2201 through 38-2283, and amendments thereto, shall be known as and may be cited as the revised Kansas code for care of children.

(a) Proceedings pursuant to this code shall be civil in nature and all proceedings, orders, judgments and decrees shall be deemed to be pursuant to the parental power of the state. Any orders pursuant to this code shall take precedence over any similar order under chapter 23 of the Kansas Statutes Annotated, and amendments thereto, the Kansas family law code, article 11 of chapter 38 of the Kansas Statutes Annotated, and amendments thereto, determination of parentage, article 21 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, adoption and relinquishment act, article 30 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, guardians and conservators, or article 31 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, protection from abuse act, until jurisdiction under this code is terminated.

(b) The code shall be liberally construed to carry out the policies of the state which are to:

(1) Consider the safety and welfare of a child to be paramount in all proceedings under the code;

(2) provide that each child who comes within the provisions of the code shall 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;

(3) make the ongoing physical, mental and emotional needs of the child decisive considerations in proceedings under this code;

(4) 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;

(5) encourage the reporting of suspected child abuse and neglect;

(6) investigate reports of suspected child abuse and neglect thoroughly and promptly;

(7) provide for the protection of children who have been subject to physical, mental or emotional abuse or neglect or sexual abuse;

(8) 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;

(9) provide stability in the life of a child who must be removed from the home of a parent; and

(10) place children in permanent family settings, in absence of compelling reasons to the contrary.

(1) The disability of a parent shall not constitute a basis for a determination that a child is a child in need of care, for the removal of custody of a child from the parent, or for the termination of parental rights without a specific showing that there is a causal relation between the disability and harm to the child.

(2) In cases involving a parent with a disability, determinations made under this code shall consider the availability and use of accommodations for the disability, including adaptive equipment and support services.

(d) (1) Nothing in this code shall be construed to permit any person to compel a parent to medicate a child if the parent is acting in accordance with medical advice from a physician. The actions of a parent in such circumstances shall not constitute a basis for a determination that a child is a child in need of care, for the removal of custody of a child from the parent, or for the termination of parental rights without a specific showing that there is a causal relation between the actions and harm to the child.

(2) As used in this subsection, "physician" means a person licensed to practice medicine and surgery by the state board of healing arts or by an equivalent licensing board or entity in any state.

History: L. 2006, ch. 200, § 1; L. 2010, ch. 75, § 4; L. 2011, ch. 24, § 3; L. 2012, ch. 162, § 59; L. 2016, ch. 102, § 8; July 1.

Notes of Decisions

Cited in 162 cases (96 in the last 5 years), 2007–2026 · leading case: In Re Interests of M.S., 447 P.3d 994 (Kan. Ct. App. 2019).

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In Re Interests of M.S., 447 P.3d 994 (Kan. Ct. App. 2019). · cites it 5× “Foreseeable future Similarly, we find that Mother's unfitness was unlikely to change in the foreseeable future.”

In re E.L., 502 P.3d 1049 (Kan. Ct. App. 2021). · cites it 4× “Weeks under the revised Kansas Code for Care of Children (KCCC), K.S.A. 2020 Supp. 38-2201 et seq. See K.S.”

In re Guardianship & Conservatorship of B.H., 442 P.3d 457 (Kan. 2019). · cites it 4× “The appeal must be understood in light of two distinct kinds of proceedings at the district court level: the guardianship action of the present appeal, and CINC proceedings filed as separate actions under different case numbers.”

In the Interest of N.A.C., 329 P.3d 458 (Kan. 2014). · cites it 5× “: This is an expedited appeal from a child in need of care (CINC) proceeding under the Revised Kansas Code for Care of Children (Revised Code), K.S.A. 2012 Supp. 38-2201 et seq. The lower courts reached different outcomes on the law and evidence.”

In Re Interest of T.S., 419 P.3d 1159 (Kan. 2018). · cites it 4× “: In this expedited appeal from a child in need of care (CINC) proceeding under the Kansas Code for Care of Children (Revised Code), K.S.A. 2016 Supp. 38-2201 et seq., we consider whether a Kansas appellate court has jurisdiction to review a denial of a motion to terminate…”

In re K.L.B., 431 P.3d 883 (Kan. Ct. App. 2018). · cites it 2× “The Revised Kansas Code for Care of Children (Code), K.S.A. 2017 Supp. 38-2201 et seq., provides that Kansas courts have original jurisdiction over proceedings under the Code, but this jurisdiction is subject to the UCCJEA.”

In re N.E., 516 P.3d 586 (Kan. 2022). · cites it 3× “38-2273(a) governs appellate jurisdiction under the Revised Kansas Code for the Care of Children, K.S.A. 38-2201 et seq. That statute limits appealable orders to any order of temporary custody, adjudication, disposition, finding of unfitness, or termination of parental rights.”

In re Interest of R.S., P.S., & A.S. line, 336 P.3d 903 (Kan. Ct. App. 2014). “Mother s second argument is that the district court abused its discretion in concluding that termination of her parental rights was in the children’s best interests.”

In Re Interests K.H., 444 P.3d 354 (Kan. Ct. App. 2019). “Under the Revised Code, any party may request that the parental rights of either or both parents be terminated based on a finding of unfitness, either by making the request in the original petition filed in the case or in a separate motion filed in an existing case.”

In the Interest of M.B., 176 P.3d 977 (Kan. Ct. App. 2008). “We note that during the 2006 legislative session, the Code was repealed and recodified in the Revised Kansas Code for Care of Children (K.S.A. 2006 Supp. 38-2201 et seq.). L. 2006, ch.”

In the Interest of L.B., 217 P.3d 1004 (Kan. Ct. App. 2009). · cites it 2× “The Revised Code for the Care of Children, K.S.A. 2008 Supp. 38-2201 et seq., requires all proceedings be disposed of without unnecessary delay and Code provisions be “liberally construed” to best serve the child’s welfare.”

In re P..R., 480 P.3d 778 (Kan. 2021). “) K.S.A. 2019 Supp. 38-2201(b)(1). But the policies behind the KCCC are not at issue here.”

Show all 162 citing cases →

— K.S.A. § 38-2201(a) — 14 cases

In re Guardianship & Conservatorship of B.H., 442 P.3d 457 (Kan. 2019). “The appeal must be understood in light of two distinct kinds of proceedings at the district court level: the guardianship action of the present appeal, and CINC proceedings filed as separate actions under different case numbers.”

In re E.L., 502 P.3d 1049 (Kan. Ct. App. 2021). “Weeks under the revised Kansas Code for Care of Children (KCCC), K.S.A. 2020 Supp. 38-2201 et seq. See K.S.”

In re N.E., 516 P.3d 586 (Kan. 2022). “38-2273(a) governs appellate jurisdiction under the Revised Kansas Code for the Care of Children, K.S.A. 38-2201 et seq. That statute limits appealable orders to any order of temporary custody, adjudication, disposition, finding of unfitness, or termination of parental rights.”

In the Interest of N.A.C., 329 P.3d 458 (Kan. 2014). “: This is an expedited appeal from a child in need of care (CINC) proceeding under the Revised Kansas Code for Care of Children (Revised Code), K.S.A. 2012 Supp. 38-2201 et seq. The lower courts reached different outcomes on the law and evidence.”

Frost v. Kansas Dept. for Child. & Families (Kan. Ct. App. 2021).

— K.S.A. § 38-2201(b) — 5 cases

In the Interest of L.B., 217 P.3d 1004 (Kan. Ct. App. 2009). “The Revised Code for the Care of Children, K.S.A. 2008 Supp. 38-2201 et seq., requires all proceedings be disposed of without unnecessary delay and Code provisions be “liberally construed” to best serve the child’s welfare.”

In Re Interests of P.J., 430 P.3d 988 (Kan. Ct. App. 2018).

In re F.C. (Kan. 2021).

In Re Lb, 217 P.3d 1004 (Kan. Ct. App. 2009).

In re C.B. (Kan. Ct. App. 2020).

— K.S.A. § 38-2201(b)(1) — 18 cases

In Re Interest of T.S., 419 P.3d 1159 (Kan. 2018). “: In this expedited appeal from a child in need of care (CINC) proceeding under the Kansas Code for Care of Children (Revised Code), K.S.A. 2016 Supp. 38-2201 et seq., we consider whether a Kansas appellate court has jurisdiction to review a denial of a motion to terminate…”

In re K.L.B., 431 P.3d 883 (Kan. Ct. App. 2018). “The Revised Kansas Code for Care of Children (Code), K.S.A. 2017 Supp. 38-2201 et seq., provides that Kansas courts have original jurisdiction over proceedings under the Code, but this jurisdiction is subject to the UCCJEA.”

In re P..R., 480 P.3d 778 (Kan. 2021). “) K.S.A. 2019 Supp. 38-2201(b)(1). But the policies behind the KCCC are not at issue here.”

In the Interest of A.E.S., 298 P.3d 386 (Kan. Ct. App. 2013).

— K.S.A. § 38-2201(b)(2) — 1 case

Mattice v. City of Stafford (Kan. Ct. App. 2024).

— K.S.A. § 38-2201(b)(3) — 4 cases

In re C.B. (Kan. Ct. App. 2020).

In re Y.B. (Kan. Ct. App. 2024).

— K.S.A. § 38-2201(b)(4) — 79 cases

In Re Interests of M.S., 447 P.3d 994 (Kan. Ct. App. 2019). “Foreseeable future Similarly, we find that Mother's unfitness was unlikely to change in the foreseeable future.”

In re E.L., 502 P.3d 1049 (Kan. Ct. App. 2021). “Weeks under the revised Kansas Code for Care of Children (KCCC), K.S.A. 2020 Supp. 38-2201 et seq. See K.S.”

State v. White, 494 P.3d 248 (Kan. Ct. App. 2021).

— K.S.A. § 38-2201(b)(5) — 4 cases

T.H. & C.C. v. Univ. of Kansas Hosp. Auth., 388 P.3d 181 (Kan. Ct. App. 2017).

T.H. & C.C. v. Univ. of Kansas Hosp. Auth. (Kan. Ct. App. 2017).

In re C.B. (Kan. Ct. App. 2020).

Bahner v. USD 321 Kaw Valley (D. Kan. 2025).

— K.S.A. § 38-2201(b)(7) — 1 case

Mattice v. City of Stafford (Kan. Ct. App. 2024).

— K.S.A. § 38-2201(b)(8) — 1 case

In re I.G. (Kan. Ct. App. 2020).

— K.S.A. § 38-2201(b)(l) — 2 cases

In the Interest of S.R.C.-Q., 367 P.3d 1276 (Kan. Ct. App. 2016).

In the Interest of L.C.W., 211 P.3d 829 (Kan. Ct. App. 2009).

— K.S.A. § 38-2201(c)(1) — 2 cases

In re Z.S. (Kan. Ct. App. 2022).

In re A.P. (Kan. Ct. App. 2020).

— K.S.A. § 38-2201(d)(1) — 1 case

In re G.M. (Kan. Ct. App. 2020).

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