38-2270.
Custody for adoption.
(a) When parental rights have been terminated and it appears that adoption is a viable alternative, the court shall enter one of the following orders:
(1) An order granting custody of the child, for adoption proceedings, to the secretary or a corporation organized under the laws of the state of Kansas authorized to care for and surrender children for adoption as provided in K.S.A. 38-112 et seq., and amendments thereto. The person, secretary or corporation shall have authority to place the child in a family home, and give consent for the legal adoption of the child which shall be the only consent required to authorize the entry of an order or decree of adoption.
(2) An order granting custody of the child to proposed adoptive parents and consenting to the adoption of the child by the proposed adoptive parents.
(b) In making an order under subsection (a), the court shall give preference, to the extent that the court finds it is in the best interests of the child, first to granting such custody for adoption to a relative of the child and second to granting such custody to a person with whom the child has close emotional ties.
(c)
Discharge upon adoption.
When an adoption decree has been filed with the court in the child in need of care case, the secretary's custody shall cease, the court's jurisdiction over the child shall cease and the court shall enter an order to that effect.
History:
L. 2006, ch. 200, § 65; January 1, 2007.
Notes of Decisions
Cited in
16
cases (
6 in the last 5 years), 2007–2024 · leading case:
In re P..R., 480 P.3d 778 (Kan. 2021).
In re P..R., 480 P.3d 778 (Kan. 2021).
· cites it 3× “The district court eventually did that itself pursuant to K.S.A. 2019 Supp. 38-2270 which provides that when parental rights have been terminated, and it appears that adoption is a viable alternative, the court shall either grant adoption authority to DCF (or other lawfully…”
In the Interest of N.A.C., 361 P.3d 771 (Kan. Ct. App. 2013).
· cites it 13× “to “be placed in the custody of SRS for adoption proceedings, under K.S.A. 38-2270.” A post-termination permanency hearing was held on May 17, 2012,4 days after the stay on the journal entry terminating parental rights was lifted.”
In re N.E., 516 P.3d 586 (Kan. 2022).
· cites it 2× “See K.S.A. 38-2270(a)(1) (permitting district court to place child with DCF for adoption if adoption is viable after the termination of parental rights).”
In the Interest of N.A.C., 329 P.3d 458 (Kan. 2014).
· cites it 2× “See K.S.A. 2012 Supp. 38-2270 (enumerating orders CINC court may enter if parental rights have been terminated and it appears adoption is a viable alternative).”
In re the Application to Adopt I.H.H.-L., 251 P.3d 651 (Kan. Ct. App. 2011).
“59-2136 and amendments thereto; or “(4) the court entering an order under K.S.A. 2010 Supp. 38-2270, and amendments thereto; and *693 ■“(5) the judge of any court having jurisdiction over the child pursuant to the revised Kansas code for care of children, if parental rights have…”
State of Kan. Ex Rel. Sec. of Srs v. Bohrer, 189 P.3d 1157 (Kan. 2008).
· cites it 2× “38-2269, and amendments thereto; or (3) after termination of parental rights pursuant to K.S.A.2006 Supp. 38-2270, and amendments thereto.”
In re X.L. (Kan. Ct. App. 2023).
· cites it 6× “would remain in the Department's custody under K.S.A. 38-2270(a)(1) following that termination until a permanent placement could be made.”
In Re Ihh-L., 251 P.3d 651 (Kan. Ct. App. 2011).
“59-2136 and amendments thereto; or "(4) the court entering an order under K.S.A. 2010 Supp. 38-2270, and amendments thereto; and *657 "(5) the judge of any court having jurisdiction over the child pursuant to the revised Kansas code for care of children, if parental rights have…”
In re M.H. (Kan. Ct. App. 2020).
“"If the court terminates parental rights, the court may authorize adoption pursuant to K.S.A. 2019 Supp. 38-2270, and amendments thereto, appointment of a permanent custodian pursuant to K.”
In re T.H. (Kan. Ct. App. 2021).
“38-2269, and amendments thereto; or "(3) after termination of parental rights pursuant to K.S.A. 2020 Supp. 38-2270, and amendments thereto.”
— K.S.A. § 38-2270(a) — 1 case
In the Interest of N.A.C., 361 P.3d 771 (Kan. Ct. App. 2013).
“to “be placed in the custody of SRS for adoption proceedings, under K.S.A. 38-2270.” A post-termination permanency hearing was held on May 17, 2012,4 days after the stay on the journal entry terminating parental rights was lifted.”
— K.S.A. § 38-2270(a)(1) — 3 cases
In re N.E., 516 P.3d 586 (Kan. 2022).
“See K.S.A. 38-2270(a)(1) (permitting district court to place child with DCF for adoption if adoption is viable after the termination of parental rights).”
In re X.L. (Kan. Ct. App. 2023).
“would remain in the Department's custody under K.S.A. 38-2270(a)(1) following that termination until a permanent placement could be made.”
In Re Af, 172 P.3d 63 (Kan. Ct. App. 2007).
— K.S.A. § 38-2270(a)(2) — 3 cases
In re P..R., 480 P.3d 778 (Kan. 2021).
“The district court eventually did that itself pursuant to K.S.A. 2019 Supp. 38-2270 which provides that when parental rights have been terminated, and it appears that adoption is a viable alternative, the court shall either grant adoption authority to DCF (or other lawfully…”
In the Interest of N.A.C., 329 P.3d 458 (Kan. 2014).
“See K.S.A. 2012 Supp. 38-2270 (enumerating orders CINC court may enter if parental rights have been terminated and it appears adoption is a viable alternative).”
— K.S.A. § 38-2270(a)(l) — 2 cases
In the Interest of N.A.C., 361 P.3d 771 (Kan. Ct. App. 2013).
“to “be placed in the custody of SRS for adoption proceedings, under K.S.A. 38-2270.” A post-termination permanency hearing was held on May 17, 2012,4 days after the stay on the journal entry terminating parental rights was lifted.”
— K.S.A. § 38-2270(b) — 2 cases
In the Interest of N.A.C., 361 P.3d 771 (Kan. Ct. App. 2013).
“to “be placed in the custody of SRS for adoption proceedings, under K.S.A. 38-2270.” A post-termination permanency hearing was held on May 17, 2012,4 days after the stay on the journal entry terminating parental rights was lifted.”
In re X.L. (Kan. Ct. App. 2023).
“would remain in the Department's custody under K.S.A. 38-2270(a)(1) following that termination until a permanent placement could be made.”
— K.S.A. § 38-2270(c) — 2 cases
In re N.E., 516 P.3d 586 (Kan. 2022).
“See K.S.A. 38-2270(a)(1) (permitting district court to place child with DCF for adoption if adoption is viable after the termination of parental rights).”
In re X.L. (Kan. Ct. App. 2023).
“would remain in the Department's custody under K.S.A. 38-2270(a)(1) following that termination until a permanent placement could be made.”
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