AGO 1989-031.

• Case Date: March 13, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-031. March 13, 1989ATTORNEY GENERAL OPINION NO. 89-31Winston Barton Secretary Department of Social and Rehabilitation Services Docking State Office Building 6th Floor Topeka, Kansas 66612-1570 Re: Minors--Kansas Code for Care of Children; Dispositional Procedure--Order of Temporary Custody; Hearings; Placement; Authorized Dispositions; Judicial Determinations Regarding Welfare of Child and Reasonable Efforts to Avoid Placement Outside Home Synopsis: It is our opinion that Kansas law clearly and unequivocally seeks to avoid removing a child from his home, but permits such removal in order to protect and promote the welfare of the child. State law 1) unambiguously requires a judicial order for removal to be based upon the court's determination that leaving a child in the home is contrary to the child's welfare, and 2) provides for judicial determinations concerning reasonable efforts to keep children in their homes. Cited herein: K.S.A. 38-1501; K.S.A.1988 Supp. 38-1542; 38-1543; K.S.A. 38-1562; 38-1563; K.S.A.1988 Supp. 38-1565; K.S.A. 38-1583. * * * Dear Secretary Barton: You request our opinion regarding what findings Kansas law requires before issuance of judicial orders removing a child from the home. You state that the department believes that before a child can be removed from his home pursuant to a court order, Kansas law clearly and unequivocally requires the order to be based upon a judicial determination that (1) leaving the child in the home is contrary to the welfare of the child and (2) unless an emergency exists, reasonable efforts have been made to prevent removal from the home. We concur. K.S.A. 38-1501 et seq. create the Kansas code for care of children. K.S.A. 38-1501 states the purpose of this code: "each child within its provisions shall receive the care, custody, guidance, control and discipline, preferably in the child's own home, as will best serve the child's welfare and the best interests of the state." (Emphasis added). (See also K.S.A.1988 Supp. 38-1565; reintegration plan regarding attempts to return the child to his home.) Thus, Kansas statutorily recognizes and dictates a preference for leaving a child in his own home. Further statutory evidence of this preference can be found in the identical language contained in K.S.A.1988 Supp...