38-2266.
Request for termination of parental rights or appointment of permanent custodian or SOUL family legal permanency custodian.
(a) Either in the original petition filed under this code or in a motion made in an existing proceeding under this code, any party or interested party may request that either or both parents be found unfit and the parental rights of either or both parents be terminated or a permanent custodian or a SOUL family legal permanency custodian be appointed.
(b) Whenever a pleading is filed requesting termination of parental rights or appointment of a permanent custodian or a SOUL family legal permanency custodian, the pleading shall contain a statement of specific facts which are relied upon to support the request, including dates, times and locations to the extent known.
(c) In any case in which a parent of a child cannot be located by the exercise of due diligence, service by publication notice shall be ordered upon the parent.
History:
L. 2006, ch. 200, § 61; L. 2024, ch. 47, § 8; July 1.
Notes of Decisions
Cited in
22
cases (
7 in the last 5 years), 2007–2026 · leading case:
In The Interest Of K.R., 233 P.3d 746 (Kan. Ct. App. 2010).
In The Interest Of K.R., 233 P.3d 746 (Kan. Ct. App. 2010).
· cites it 3× “In the absence of proof that the parent is presently fit and able to care for the child or that the parent will be fit and able to care for the child in the foreseeable future, the court shall terminate parental rights in [termination] proceedings pursuant to K.S.A. 2009 Supp.…”
In the Interest of K.P., 235 P.3d 1255 (Kan. Ct. App. 2010).
· cites it 2× “38-2271(b), which indicates that upon a failure to rebut any of the statutory presumptions, “the court shall terminate parental rights in proceedings pursuant to K.S.A. 2009 Supp. 38-2266 et seq., and amendments thereto.”
In Re Interests K.H., 444 P.3d 354 (Kan. Ct. App. 2019).
“K.S.A. 2018 Supp. 38-2266(a). Upon the filing of a motion to terminate parental rights, the district court shall appoint an attorney to represent any parent who is not already represented by counsel.”
In the Interest of N.A.C., 329 P.3d 458 (Kan. 2014).
“K.S.A. 2012 Supp. 38-2266. Upon receiving the petition or motion, the court “shall set the time and place for the hearing, which shall be held within 90 days.”
In the Interest of D.M.M., 166 P.3d 431 (Kan. Ct. App. 2007).
“This procedure is governed by K.S.A. 2006 Supp. 38-2266 et seq. Here, Mother and Father were found to be unfit and their parental rights were terminated on December 16, 2003.”
In the Interest of J.S., 208 P.3d 802 (Kan. Ct. App. 2009).
“In the absence of proof that the parent is presently fit and able to care for the child or that the parent wiE be fit and able to care for the child in the foreseeable future, tire court shall terminate parental rights in proceedings pursuant to K.S.A. 2008 Supp. 38-2266 et…”
Interest of C.E., 275 P.3d 67 (Kan. Ct. App. 2012).
“In addition, *449 “termination of parental rights” is controlled by K.S.A. 2010 Supp. 38-2266. It is obvious that the placement order at issue did not involve a finding of unfitness or the termination of the parental rights of C.”
In Re Kr, 233 P.3d 746 (Kan. Ct. App. 2010).
· cites it 3× “In the absence of proof that the parent is presently fit and able to care for the child or that the parent will be fit and able to care for the child in the foreseeable future, the court shall terminate parental rights in *751 [termination] proceedings pursuant to K.S.A.2009…”
In re P.H. (Kan. Ct. App. 2020).
· cites it 2× “" Father relies on K.S.A. 2019 Supp. 38-2266(b) to support his argument.”
In re A.C.B. (Kan. Ct. App. 2026).
· cites it 2× “Second, K.S.A. 38-2266(b) requires a motion to terminate parental rights to "contain a statement of specific facts which are relied upon to support the request, including dates, times and locations to the extent known.”
In Re Js, 208 P.3d 802 (Kan. Ct. App. 2009).
“In the absence of proof that the parent is presently fit and able to care for the child or that the parent will be fit and able to care for the child in the foreseeable future, the court shall terminate parental rights in proceedings pursuant to K.S.A.2008 Supp. 38-2266 et seq.,…”
In Re Dmm, 166 P.3d 431 (Kan. Ct. App. 2007).
“This procedure is governed by K.S.A.2006 Supp. 38-2266 et seq. Here, Mother and Father were found to be unfit and their parental rights were terminated on December 16, 2003.”
— K.S.A. § 38-2266(a) — 1 case
In Re Interests K.H., 444 P.3d 354 (Kan. Ct. App. 2019).
“K.S.A. 2018 Supp. 38-2266(a). Upon the filing of a motion to terminate parental rights, the district court shall appoint an attorney to represent any parent who is not already represented by counsel.”
— K.S.A. § 38-2266(b) — 2 cases
In re P.H. (Kan. Ct. App. 2020).
“" Father relies on K.S.A. 2019 Supp. 38-2266(b) to support his argument.”
In re A.C.B. (Kan. Ct. App. 2026).
“Second, K.S.A. 38-2266(b) requires a motion to terminate parental rights to "contain a statement of specific facts which are relied upon to support the request, including dates, times and locations to the extent known.”
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