38-2267.
Procedure upon receipt of request.
(a) Upon receiving a petition or motion requesting termination of parental rights or appointment of permanent custodian, the court shall set the time and place for the hearing, which shall be held within 90 days. A continuance shall be granted only if the court finds it is in the best interests of the child. Upon motion of a party, the chief judge shall reassign a petition or motion requesting termination of parental rights from a district magistrate judge to a district judge pursuant to subsection (e) of K.S.A. 20-302b, and amendments thereto.
(b) (1) The court shall give notice of the hearing: (A) To the parties and interested parties, as provided in K.S.A. 38-2236 and 38-2237, and amendments thereto; (B) to all the child's grandparents at their last known addresses or, if no grandparent is living or if no living grandparent's address is known, to the closest relative of each of the child's parents whose address is known; (C) in any case in which a parent of a child cannot be located by the exercise of due diligence, to the parents nearest relative who can be located, if any; and (D) to the foster parents, preadoptive parents or relatives providing care.
(2) This notice shall be given by return receipt delivery not less than 10 business days before the hearing. Individuals receiving notice pursuant to this subsection shall not be made a party or interested party to the action solely on the basis of this notice.
(3) The provisions of this subsection shall not require additional service to any party or interested party who could not be located by the exercise of due diligence in the initial notice of the filing of a petition for a child in need of care.
(c) At the beginning of the hearing the court shall determine that due diligence has been used in determining the identity and location of the persons listed in subsection (b) and in accomplishing service of process.
(d) Prior to a hearing on a petition, a motion requesting termination of parental rights or a motion for appointment of a permanent custodian, the court shall appoint an attorney to represent any parent who fails to appear and may award a reasonable fee to the attorney for services. The fee may be assessed as an expense in the proceedings.
History:
L. 2006, ch. 200, § 62; January 1, 2007.
Notes of Decisions
Cited in
16
cases (
9 in the last 5 years), 2014–2026 · leading case:
In Re Interests of M.S., 447 P.3d 994 (Kan. Ct. App. 2019).
In Re Interests of M.S., 447 P.3d 994 (Kan. Ct. App. 2019).
· cites it 3× “" K.S.A. 2018 Supp. 38-2267(a). 1 4. The district court may terminate the legal bonds between parent and child only upon clear and convincing proof of parental unfitness.”
In Re Interests K.H., 444 P.3d 354 (Kan. Ct. App. 2019).
“K.S.A. 2018 Supp. 38-2267(d) states that before a hearing on a motion to terminate parental rights, "the court shall appoint an attorney to represent any parent who fails to appear and may award a reasonable fee to the attorney for services.”
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 re A.P. (Kan. Ct. App. 2022).
· cites it 6× “K.S.A. 2020 Supp. 38-2267, which governs the procedure for serving the notice of a termination hearing, states that the notice must be given "[t]o the parties and interested parties, as provided in K.”
In re L.F. (Kan. Ct. App. 2022).
· cites it 4× “See K.S.A. 2020 Supp. 38-2267(a) and (b) (requiring service of termination motions); K.”
In re R.J. (Kan. Ct. App. 2021).
· cites it 3× “In proceedings regarding the termination of parental rights, K.S.A. 2019 Supp. 38-2267(a) and (b)(1) require the district court to provide notice of the hearing to the child's grandparents at their last known address.”
In re G.P. (Kan. Ct. App. 2022).
· cites it 3× “" Additionally, under K.S.A. 38-2267(a), the district court should not grant a motion to continue a termination hearing unless it "finds it is in the best interests of the child.”
In re A.C.B. (Kan. Ct. App. 2026).
· cites it 3× “She argued that proceeding with the hearing violated the requirement under K.S.A. 38-2267(a) to conduct a hearing within 90 days from the filing of the State's motion, unless the district court found that it was in the best interests of the child to allow a continuance.”
In re T.M. (Kan. Ct. App. 2020).
· cites it 2× “K.S.A. 2019 Supp. 38-2267(a). When it rules on a motion for continuance, the district court must consider "'all circumstances, particularly such matters as the applicant's good faith, his showing of diligence, and the timetable of the lawsuit.”
In re S.C. (Kan. Ct. App. 2024).
· cites it 2× “38- 1561 was repealed, it required a hearing on a motion for termination of parental rights within 90 days of the date the motion was filed, just as K.S.A. 38-2267 does today. See 23 also In re K.”
In re D.C. (Kan. Ct. App. 2020).
“The district court, however, is not obligated to appoint a lawyer to represent a parent who has been given notice of a hearing and fails to attend. K.S.A. 2019 Supp. 38-2205(b)(1).”
In re B.P. (Kan. Ct. App. 2020).
“K.S.A. 38-2267(a). When considering B.P.'s age and her time spent in DCF custody and viewing the 90-day continuance request in "child time," we find no abuse of discretion in the district court's decision.”
— K.S.A. § 38-2267(a) — 11 cases
In Re Interests of M.S., 447 P.3d 994 (Kan. Ct. App. 2019).
“" K.S.A. 2018 Supp. 38-2267(a). 1 4. The district court may terminate the legal bonds between parent and child only upon clear and convincing proof of parental unfitness.”
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 re G.P. (Kan. Ct. App. 2022).
“" Additionally, under K.S.A. 38-2267(a), the district court should not grant a motion to continue a termination hearing unless it "finds it is in the best interests of the child.”
In re A.C.B. (Kan. Ct. App. 2026).
“She argued that proceeding with the hearing violated the requirement under K.S.A. 38-2267(a) to conduct a hearing within 90 days from the filing of the State's motion, unless the district court found that it was in the best interests of the child to allow a continuance.”
In re T.M. (Kan. Ct. App. 2020).
“K.S.A. 2019 Supp. 38-2267(a). When it rules on a motion for continuance, the district court must consider "'all circumstances, particularly such matters as the applicant's good faith, his showing of diligence, and the timetable of the lawsuit.”
— K.S.A. § 38-2267(b) — 1 case
In re A.P. (Kan. Ct. App. 2022).
“K.S.A. 2020 Supp. 38-2267, which governs the procedure for serving the notice of a termination hearing, states that the notice must be given "[t]o the parties and interested parties, as provided in K.”
— K.S.A. § 38-2267(b)(1) — 2 cases
In re A.P. (Kan. Ct. App. 2022).
“K.S.A. 2020 Supp. 38-2267, which governs the procedure for serving the notice of a termination hearing, states that the notice must be given "[t]o the parties and interested parties, as provided in K.”
— K.S.A. § 38-2267(b)(2) — 1 case
In re A.P. (Kan. Ct. App. 2022).
“K.S.A. 2020 Supp. 38-2267, which governs the procedure for serving the notice of a termination hearing, states that the notice must be given "[t]o the parties and interested parties, as provided in K.”
— K.S.A. § 38-2267(b)(3) — 2 cases
In re L.F. (Kan. Ct. App. 2022).
“See K.S.A. 2020 Supp. 38-2267(a) and (b) (requiring service of termination motions); K.”
In re R.J. (Kan. Ct. App. 2021).
“In proceedings regarding the termination of parental rights, K.S.A. 2019 Supp. 38-2267(a) and (b)(1) require the district court to provide notice of the hearing to the child's grandparents at their last known address.”
— K.S.A. § 38-2267(c) — 1 case
In re R.J. (Kan. Ct. App. 2021).
“In proceedings regarding the termination of parental rights, K.S.A. 2019 Supp. 38-2267(a) and (b)(1) require the district court to provide notice of the hearing to the child's grandparents at their last known address.”
— K.S.A. § 38-2267(d) — 2 cases
In Re Interests K.H., 444 P.3d 354 (Kan. Ct. App. 2019).
“K.S.A. 2018 Supp. 38-2267(d) states that before a hearing on a motion to terminate parental rights, "the court shall appoint an attorney to represent any parent who fails to appear and may award a reasonable fee to the attorney for services.”
In re D.C. (Kan. Ct. App. 2020).
“The district court, however, is not obligated to appoint a lawyer to represent a parent who has been given notice of a hearing and fails to attend. K.S.A. 2019 Supp. 38-2205(b)(1).”
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