Statute: §§ 13-1563(h); 38-1583; 38-1585

Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Failure to Maintain Contact

Failure to Provide Support

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Failure to Establish Paternity

Kan. Stat. Ann. § 38-1583 (WESTLAW through End of 2001 Reg. Sess.)

When the child has been adjudicated to be a child in need of care, the court may terminate parental rights when the court finds by clear and convincing evidence that the parent is unfit by reason of conduct or condition that renders the parent unable to care properly for a child and the conduct or condition is unlikely to change in the foreseeable future.

In making a determination hereunder the court shall consider, but is not limited to, the following, if applicable:

Emotional illness, mental illness, mental deficiency or physical disability of the parent, of such duration or nature as to render the parent unlikely to care for the ongoing physical, mental and emotional needs of the child;

Conduct toward a child of a physically, emotionally or sexually cruel or abusive nature;
Excessive use of intoxicating liquors or narcotic or dangerous drugs;

Physical, mental, or emotional neglect of the child;

Conviction of a felony and imprisonment;

Unexplained injury or death of another child or stepchild of the parent;

Reasonable efforts by appropriate public or private child caring agencies have been unable to rehabilitate the family;

Lack of effort on the part of the parent to adjust the parent's circumstances, conduct or conditions to meet the needs of the child.
In addition to the foregoing, when a child is not in the physical custody of a parent, the court, in proceedings concerning the termination of parental rights, shall also consider, but is not limited to the following:

Failure to assure care of the child in the parental home when able to do so;

Failure to maintain regular visitation, contact or communication with the child or with the custodian of the child;

Failure to carry out a reasonable plan approved by the court directed toward the integration of the child into the parental home;

Failure to pay a reasonable portion of the cost of substitute physical care and maintenance based on ability to pay.

In making the above determination, the court may disregard incidental visitations, contacts, communications, or contributions.

The rights of the parents may be terminated as provided in this section if the court finds that the parents have abandoned the child, the custody of the child was surrendered pursuant to law, or the child was left under such circumstances that the identity of the parents is unknown and cannot be ascertained, despite diligent searching, and the parents have not come forward to claim the child within three months after the child is found.

The existence of any one of the above standing alone may, but does not necessarily, establish grounds for termination of parental rights. The determination shall be based on an evaluation of all factors which are applicable. In considering any of the above factors for terminating the rights of a parent, the court shall give primary consideration to the physical, mental or emotional condition and needs of the child.

If presented to the court, the court shall consider as evidence testimony from a person licensed to practice medicine and surgery, a licensed psychologist or a licensed social worker expressing an opinion relating to the physical, mental or emotional condition and needs of the child. The court shall consider any such testimony only if the licensed professional providing such testimony is subject to cross-examination.

If, after finding the parent unfit, the court determines a compelling reason why it is not in the best interests of the child to terminate parental rights, or upon agreement of the parents, the court may award permanent guardianship to an individual providing care for the child, a relative or other person with whom the child has a close emotional attachment. Prior to awarding permanent guardianship, the court shall receive and consider an assessment of any potential permanent guardian. Upon appointment of a permanent guardian, the court shall enter an order discharging the child from the court's jurisdiction.

If a parent is convicted of an offense as provided in the subsection below or is adjudicated a juvenile offender because of an act which, if committed by an adult, would be an offense, and if the victim was the other parent of a child, the court may disregard such convicted or adjudicated parent's opinions or wishes in regard to the placement of such child.

Kan. Stat. Ann. § 38-1585 (WESTLAW through End of 2000 Reg. Sess.)

It is presumed that a parent is unfit by reason of conduct or condition which renders the parent unable to fully care for a child, if the State establishes by clear and convincing evidence that:

A parent has previously been found to be an unfit parent, or comparable proceedings under the laws of another State, or the Federal government;

A parent has twice before been convicted of a crime specified in articles pertaining to crimes against persons; sex offenses; crimes against family relationships and children, or comparable offenses under the laws of another State, the Federal government or any foreign government; an attempt or attempts to commit such crimes and the victim was under the age of 18 years;

On two or more prior occasions a child in the physical custody of the parent has been adjudicated a child in need of care;

The parent has been convicted of causing the death of another child or stepchild of the parent;

The child has been in an out-of-home placement, other than kinship care, under court order for a cumulative total period of 1 year or longer and the parent has substantially neglected or willfully refused to carry out a reasonable plan, approved by the court, directed toward reintegration of the child into the parental home;

The child has been in an out-of-home placement, other than kinship care, under court order for a cumulative total period of 2 years or longer; the parent has failed to carry out a reasonable plan, approved by the court, directed toward reintegration of the child into the parental home; there is a substantial probability that the parent will not carry out such plan in the near future;

A parent has been convicted of capital murder, murder in the first degree, murder in the second degree, or voluntary manslaughter; if a juvenile has been adjudicated a juvenile offender because of an act which if committed by an adult would be an offense as provided in this subsection, and the victim of such murder was the other parent of the child;

The parent has been granted immunity from prosecution for abandonment of such child.
The burden of proof is on the parent to rebut the presumption. If a parent has been convicted of capital murder, or murder in the first degree, as provided above, the burden of proof is on the parent to rebut the presumption by clear and convincing evidence. In the absence of proof that the parent is presently fit and able to care for the child or that the parent will be fit and able to care for the child in the foreseeable future, the court shall now terminate the parent's parental rights in proceedings pursuant to law.