38-1351. Temporary emergency jurisdiction.
38-1351
38-1351. Temporary emergency jurisdiction.(UCCJEA 204). (a) A court of this state has temporaryemergency jurisdiction if the child is present in this state and the childhas been abandoned or it is necessary in an emergency to protect the childbecause the child, or a sibling or parent of the child, is subjected to orthreatened with mistreatment or abuse.
(b) If there is no previous child-custody determination that is entitledto be enforced under this act and a child-custody proceeding has not beencommenced in a court of a state having jurisdiction under K.S.A. 38-1348through 38-1350 and amendments thereto, a child-custody determination madeunder this section remains in effect until an order is obtained from acourt of a state having jurisdiction under K.S.A. 38-1348 through 38-1350 andamendments thereto. If a child-custody proceeding has not been or is notcommenced in a court of a state having jurisdiction under K.S.A. 38-1348through 38-1350 and amendments thereto, a child-custody determination madeunder this section becomes a final determination, if it so provides andthis state becomes the home state of the child.
(c) If there is a previous child-custody determination that is entitledto be enforced under this act, or a child-custody proceeding has beencommenced in a court of a state having jurisdiction under K.S.A. 38-1348through 38-1350 and amendments thereto, any order issued by a court of thisstate under this section must specify in the order a period that the courtconsiders adequate to allow the person seeking an order to obtain anorder from the state having jurisdiction under K.S.A. 38-1348 through 38-1350andamendments thereto. The order issued in this state remains in effect untilan order is obtained from the other state within the period specified orthe period expires.
(d) A court of this state which has been asked to make a child-custodydetermination under this section, upon being informed that a child-custodyproceeding has been commenced in, or a child-custody determination has beenmade by, a court of a state having jurisdiction underK.S.A. 38-1348 through 38-1350 and amendments thereto, shall immediatelycommunicatewith the other court. A court of this state which is exercising jurisdictionpursuant to K.S.A. 38-1348 through 38-1350 and amendments thereto, upon beinginformed that a child-custody proceeding has been commenced in, or achild-custody determination has been made by, a court of another stateunder a statute similar to this section shall immediately communicate withthe court of that state to resolve the emergency, protect the safety of theparties and the child, and determine a period for the duration of thetemporary order.
History: L. 2000, ch. 171, § 46; July 1.