Kansas Code for the Care of Children
This is an area of Kansas law that has been enduring some changes over the past couple of years. The Kansas Code for the Care of Children exists so that the Court can intervene when parents are neglecting or endangering their children. A CINC petition can be filed by the District Attorney's office through SRS affidavits or by a private party who has specific knowledge of children in need of care. The purpose is to provide protection for children facing abuse.
A child in need of care is defined by law as a minor under the age of 18 who:
(1) Is without adequate parental care, control or subsistence and the condition is not due solely to the lack of financial means of the child's parents or other custodian;
(2) is without the care or control necessary for the child's physical, mental or emotional health;
(3) has been physically, mentally or emotionally abused or neglected or sexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-977 or 72-1111, and amendments thereto;
(7) except in the case of a violation of K.S.A. 41-727, subsection (j) of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amendments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-4204a and amendments thereto, does an act which, when committed by a person under 18 years of age, is prohibited by state law, city ordinance or county resolution but which is not prohibited when done by an adult;
(8) while less than 10 years of age, commits any act which if done by an adult would constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-3105 and amendments thereto;
(9) is willfully and voluntarily absent from the child's home without the consent of the child's parent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a court ordered or designated placement, or a placement pursuant to court order, if the absence is without the consent of the person with whom the child is placed or, if the child is placed in a facility, without the consent of the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another person under 18 years of age, who has been physically, mentally or emotionally abused or neglected, or sexually abused; or
(12) while less than 10 years of age commits the offense defined in K.S.A. 21-4204a and amendments thereto.
If a finding is made by the Court that a child falls under any of the above listed categories, it may then begin proceedings to rehabilitate the situation. If a parent fails to comply with the Court's orders, a party may move the Court to terminate parental rights. If termination occurs, a parent loses parental rights forever, barring a successful appeal.
During divorce or paternity proceedings, if the Court determines that there is probable cause to believe a child is a child in need of care, the Court may invoke the powers of the Kansas Code for the Care of Children and issue temporary orders giving custody to a third party. A transcript of these proceedings must be then forwarded to the District Attorney's office for a petition to be filed pursuant to K.S.A. 38-1501.
The links below have been provided to assist you in researching the Kansas CINC code and the recent changes thereto.