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      38-2201.   Citation; construction of code; policy of state. K.S.A. 2009 Supp. 38-2201 through 38-2283, and amendments thereto, shall be known as and may be cited as the revised Kansas code for care of children.

      (a)   Proceedings pursuant to this code shall be civil in nature and all proceedings, orders, judgments and decrees shall be deemed to be pursuant to the parental power of the state.

      (b)   The code shall be liberally construed to carry out the policies of the state which are to:

      (1)   Consider the safety and welfare of a child to be paramount in all proceedings under the code;

      (2)   provide that each child who comes within the provisions of the code shall receive the care, custody, guidance control and discipline that will best serve the child's welfare and the interests of the state, preferably in the child's home and recognizing that the child's relationship with such child's family is important to the child's well being;

      (3)   make the ongoing physical, mental and emotional needs of the child decisive considerations in proceedings under this code;

      (4)   acknowledge that the time perception of a child differs from that of an adult and to dispose of all proceedings under this code without unnecessary delay;

      (5)   encourage the reporting of suspected child abuse and neglect;

      (6)   investigate reports of suspected child abuse and neglect thoroughly and promptly;

      (7)   provide for the protection of children who have been subject to physical, mental or emotional abuse or neglect or sexual abuse;

      (8)   provide preventative and rehabilitative services, when appropriate, to abused and neglected children and their families so, if possible, the families can remain together without further threat to the children;

      (9)   provide stability in the life of a child who must be removed from the home of a parent; and

      (10)   place children in permanent family settings, in absence of compelling reasons to the contrary.

      (c)   Nothing in this code shall be construed to permit discrimination on the basis of disability.

      (1)   The disability of a parent shall not constitute a basis for a determination that a child is a child in need of care, for the removal of custody of a child from the parent, or for the termination of parental rights without a specific showing that there is a causal relation between the disability and harm to the child.

      (2)   In cases involving a parent with a disability, determinations made under this code shall consider the availability and use of accommodations for the disability, including adaptive equipment and support services.

      History:   L. 2006, ch. 200, § 1; Jan. 1, 2007.