Kansas Statutes Annotated

K.S.A. § 38-2203 (2026)

Jurisdiction; application of the Indian child welfare act; age of child, presumptions; precedence of certain orders; provision of services by multiple state agencies

✓ current as of May 2026

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38-2203. Jurisdiction; application of the Indian child welfare act; age of child, presumptions; precedence of certain orders; provision of services by multiple state agencies. (a) Proceedings concerning any child who may be a child in need of care shall be governed by this code, except in those instances when the court knows or has reason to know that an Indian child is involved in the proceeding, in which case, the Indian child welfare act of 1978, 25 U.S.C. § 1901 et seq., applies. The Indian child welfare act may apply to: The filing to initiate a child in need of care proceeding, K.S.A. 38-2234, and amendments thereto; ex parte custody orders, K.S.A. 38-2242, and amendments thereto; temporary custody hearing, K.S.A. 38-2243, and amendments thereto; adjudication, K.S.A. 38-2247, and amendments thereto; burden of proof, K.S.A. 38-2250, and amendments thereto; disposition, K.S.A. 38-2255, and amendments thereto; permanency hearings, K.S.A. 38-2264, and amendments thereto; termination of parental rights, K.S.A. 38-2267, 38-2268 and 38-2269, and amendments thereto; establishment of permanent custodianship, K.S.A. 38-2268 and 38-2272, and amendments thereto; establishment of SOUL family legal permanency, K.S.A. 2025 Supp. 38-2272a, and amendments thereto; the newborn infant protection act, K.S.A. 38-2282, and amendments thereto; the Representative Gail Finney memorial foster care bill of rights, K.S.A. 2025 Supp. 38-2201a, and amendments thereto; the placement of a child in any foster, pre-adoptive and adoptive home and the placement of a child in a guardianship arrangement under article 30 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto.

(b) Subject to the uniform child custody jurisdiction and enforcement act, K.S.A. 23-37,101 through 23-37,405, and amendments thereto, the district court shall have original jurisdiction of proceedings pursuant to this code.

(c) The court acquires jurisdiction over a child by the filing of a petition pursuant to this code or upon issuance of an ex parte order pursuant to K.S.A. 38-2242, and amendments thereto. When the court acquires jurisdiction over a child in need of care, jurisdiction may continue until the child has:

(1) Become 18 years of age, or until June 1 of the school year during which the child became 18 years of age if the child is still attending high school unless there is no court approved transition plan, in which event jurisdiction may continue until a transition plan is approved by the court or until the child reaches 21 years of age;

(2) been adopted;

(3) SOUL family legal permanency as ordered by the court pursuant to K.S.A. 2025 Supp. 38-2272a, and amendments thereto, and such jurisdiction may continue until the child has reached 18 years of age, or until June 1 of the school year during which the child reached 18 years of age if the child is still attending high school; or

(4) been discharged by the court.

(d) Any child 18 years of age or over may request, in writing to the court, that the jurisdiction of the court cease. The court shall give notice of the request to all parties and interested parties and 30 days after receipt of the request, jurisdiction will cease.

(e) When it is no longer appropriate for the court to exercise jurisdiction over a child, the court, upon its own motion or the motion of a party or interested party at a hearing or upon agreement of all parties or interested parties, shall enter an order discharging the child. Except upon request of the child pursuant to subsection (d), the court shall not enter an order discharging a child until June 1 of the school year during which the child becomes 18 years of age if the child is in an out-of-home placement, is still attending high school and has not completed the child's high school education.

(f) When a petition is filed under this code, a person who is alleged to be under 18 years of age shall be presumed to be under that age for the purposes of this code, unless the contrary is proved.

(g) A court's order issued in a proceeding pursuant to this code, shall take precedence over such orders in a civil custody case, a proceeding under article 31 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, protection from abuse act, or a comparable case in another jurisdiction, except as provided by K.S.A. 23-37,101 through 23-37,405, and amendments thereto, uniform child custody jurisdiction and enforcement act.

(h) If a child is eligible to receive services from the Kansas department for children and families, the department of corrections or the judicial branch, such agencies shall collaborate to provide such services. Nothing in this subsection shall preclude the child from accessing services provided by the Kansas department for children and families, the department of corrections, the judicial branch or any other state agency if the child is otherwise eligible for the services.

History: L. 2006, ch. 200, § 3; L. 2008, ch. 169, § 2; L. 2009, ch. 99, § 2; L. 2010, ch. 75, § 6; L. 2011, ch. 24, § 4; L. 2012, ch. 162, § 61; L. 2023, ch. 70, § 4; L. 2024, ch. 47, § 3; L. 2024, ch. 100, § 5; July 1.

Notes of Decisions

Cited in 25 cases (14 in the last 5 years), 2009–2025 · leading case: In re Guardianship & Conservatorship of B.H., 442 P.3d 457 (Kan. 2019).

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In re Guardianship & Conservatorship of B.H., 442 P.3d 457 (Kan. 2019). · cites it 3× “" K.S.A. 2018 Supp. 38-2203(a) states: "Proceedings concerning any child who may be a child in need of care shall be governed by this code .”

In re K.L.B., 431 P.3d 883 (Kan. Ct. App. 2018). · cites it 2× “The form used for the district court's journal entry included standard findings that jurisdiction and venue were proper, and that the court had original jurisdiction under K.S.A. 2016 Supp. 38-2203. The district court also ordered *887 the district attorney's office to contact…”

In Re Interests A.A.-F., 444 P.3d 938 (Kan. 2019). · cites it 2× “K.S.A. 2018 Supp. 38-2203 ; see also K.S.”

In the Interest of M.F., 206 P.3d 57 (Kan. Ct. App. 2009). · cites it 2× “See K.S.A. 2008 Supp. 38-2203(a). However, neither mentioned code applies when the proceedings involve an Indian child, because in those instances, the ICWA applies.”

In the Interest of A.A., 354 P.3d 1205 (Kan. Ct. App. 2015). · cites it 2× “Father and the State note that the Revised Kansas Code for Care of Children, under which child-in-need-of-care proceedings take place, provides for jurisdiction over proceedings “concerning any child who may be a child in need of care,” K.S.A. 2014 Supp. 38-2203(a), and places…”

In The Interest of M.F., 225 P.3d 1177 (Kan. 2010). “” K.S.A. 2008 Supp. 38-2203(a). There is no dispute that the ICWA applies to this case.”

In Re Mf, 206 P.3d 57 (Kan. Ct. App. 2009). · cites it 2× “See K.S.A.2008 Supp. 38-2203(a). However, neither mentioned code applies when the proceedings involve an Indian child, because in those instances, the ICWA applies.”

In re R.J. (Kan. Ct. App. 2021). · cites it 3× “K.S.A. 2019 Supp. 38-2203(c). Moreover, relevant to this appeal, as a general rule, any order issued under the revised Kansas Code for Care of Children (KCCC) "shall take precedence over such orders in a civil custody case.”

In re X.L. (Kan. Ct. App. 2023). · cites it 2× “K.S.A. 38-2203(c). If a district court has terminated parental rights to a child, the court must determine who will care for the child as the court and caseworkers seek a permanent placement solution.”

In Re Mf, 225 P.3d 1177 (Kan. 2010). “" K.S.A.2008 Supp. 38-2203(a). There is no dispute that the ICWA applies to this case.”

In re A.A. 113148 - Sheils v. Wright. (Kan. Ct. App. 2015). · cites it 2× “Father and the State note that the Revised Kansas Code for Care of Children, under which child-in-need-of-care proceedings take place, provides for jurisdiction over proceedings "concerning any child who may be a child in need of care," K.S.A. 2014 Supp. 38-2203(a), and places…”

In re D.H. (Kan. Ct. App. 2017). “3d 1177 (2010) (quoting K.S.A. 2008 Supp. 38-2203(a). An "'Indian child' means any unmarried person who is under age eighteen and either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian…”

Show all 25 citing cases →

— K.S.A. § 38-2203(a) — 15 cases

In re Guardianship & Conservatorship of B.H., 442 P.3d 457 (Kan. 2019). “" K.S.A. 2018 Supp. 38-2203(a) states: "Proceedings concerning any child who may be a child in need of care shall be governed by this code .”

In the Interest of M.F., 206 P.3d 57 (Kan. Ct. App. 2009). “See K.S.A. 2008 Supp. 38-2203(a). However, neither mentioned code applies when the proceedings involve an Indian child, because in those instances, the ICWA applies.”

In The Interest of M.F., 225 P.3d 1177 (Kan. 2010). “” K.S.A. 2008 Supp. 38-2203(a). There is no dispute that the ICWA applies to this case.”

In the Interest of A.A., 354 P.3d 1205 (Kan. Ct. App. 2015). “Father and the State note that the Revised Kansas Code for Care of Children, under which child-in-need-of-care proceedings take place, provides for jurisdiction over proceedings “concerning any child who may be a child in need of care,” K.S.A. 2014 Supp. 38-2203(a), and places…”

In Re Mf, 206 P.3d 57 (Kan. Ct. App. 2009). “See K.S.A.2008 Supp. 38-2203(a). However, neither mentioned code applies when the proceedings involve an Indian child, because in those instances, the ICWA applies.”

— K.S.A. § 38-2203(b) — 4 cases

In re K.L.B., 431 P.3d 883 (Kan. Ct. App. 2018). “The form used for the district court's journal entry included standard findings that jurisdiction and venue were proper, and that the court had original jurisdiction under K.S.A. 2016 Supp. 38-2203. The district court also ordered *887 the district attorney's office to contact…”

In Re Interests A.A.-F., 444 P.3d 938 (Kan. 2019). “K.S.A. 2018 Supp. 38-2203 ; see also K.S.”

In re A.A. 113148 - Sheils v. Wright. (Kan. Ct. App. 2015). “Father and the State note that the Revised Kansas Code for Care of Children, under which child-in-need-of-care proceedings take place, provides for jurisdiction over proceedings "concerning any child who may be a child in need of care," K.S.A. 2014 Supp. 38-2203(a), and places…”

— K.S.A. § 38-2203(c) — 7 cases

In re R.J. (Kan. Ct. App. 2021). “K.S.A. 2019 Supp. 38-2203(c). Moreover, relevant to this appeal, as a general rule, any order issued under the revised Kansas Code for Care of Children (KCCC) "shall take precedence over such orders in a civil custody case.”

In re X.L. (Kan. Ct. App. 2023). “K.S.A. 38-2203(c). If a district court has terminated parental rights to a child, the court must determine who will care for the child as the court and caseworkers seek a permanent placement solution.”

In re G.R. (Kan. Ct. App. 2021).

In re D.S. (Kan. Ct. App. 2021).

— K.S.A. § 38-2203(f) — 1 case

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