59-2132. Same; assessment, investigation and report; waiver.
59-2132
59-2132. Same; assessment, investigation and report;waiver.(a) Except as provided in subsection (h), in independent and agency adoptions,the court shall require the petitioner to obtain an assessmentof the advisability of the adoption by a court approved:
(1) (A) Licensed social worker, licensed specialist social worker, licensedspecialist clinical social worker, licensed masters social worker, licensedbaccalaureate social worker or licensed associate social worker licensed by thebehavioral sciences regulatory board;
(B) licensed clinical marriage and family therapist as defined in K.S.A.65-6402, and amendments thereto;
(C) licensed marriage and family therapist as defined in K.S.A. 65-6402, andamendments thereto;
(D) licensed clinical professional counselor as defined in K.S.A. 65-5802,and amendments thereto;
(E) licensed professional counselor as defined in K.S.A. 65-5802, andamendments thereto;
(F) licensed psychologist as defined in K.S.A. 65-6319, and amendmentsthereto;
(G) licensed masters level psychologist as defined in K.S.A. 74-5362, andamendments thereto;
(H) licensed clinical psychotherapist as defined in K.S.A. 74-5363, andamendments thereto; or
(I) a licensed child-placing agency.
(2) Any person performing an assessment pursuant to this subsection shall:
(A) Possess a minimum of two years experience in adoption services or besupervised by a person with such experience; or
(B) if licensed by the behavioral sciences regulatory board to diagnose andtreat mental disorders in independent practice, possess a minimum of one yearof experience in adoption services or be supervised by a person with suchexperience.
(b) The petitioner shall file with the court, not less than 10 daysbefore the hearing on the petition, a report of the assessment and, ifnecessary, confirmation or clarification of the information filed under K.S.A.59-2130, and amendments thereto.
(c) If there is nooneauthorized pursuant to this sectionavailable to make the assessment and report to the court, the courtmay use the department of social and rehabilitation services for that purpose.
(d) The costs of making the assessment and report may be assessed ascourt costs in the case as provided in article 20 of chapter 60 of theKansas Statutes Annotated and amendments thereto.
(e) In making the assessment, theperson authorized pursuant to thissectionordepartment of social and rehabilitation services is authorized to observethe child in the petitioner's home, verify financial information of thepetitioner, shall clear the name of the petitioner with the child abuse andneglect registry through the department of social and rehabilitationservices and, when appropriate, with a similar registry in another state ornation, shall determine whether the petitioner has been convicted of a felonyfor any act described in articles 34, 35 or 36 of chapter 21 of the KansasStatutes Annotated, and amendments thereto, or, within the last five years beenconvicted of a felony violation of K.S.A. 2009 Supp. 21-36a01 through 21-36a17,and amendmentsthereto, and, when appropriate, any similar conviction in anotherjurisdiction, and to contact the agency or individuals consenting to theadoption and confirm and, if necessary, clarify any genetic and medicalhistory filed with the petition. This information shall be made a part ofthe report to the court. The report to the court byany person authorized pursuant to this section toperform this assessmentshall include the results of the investigation of the petitioner, thepetitioner's home and the ability of the petitioner to care for the child.
(f) In the case of a nonresident who is filing a petition to adopt achild in Kansas, the assessment and report required by this section must becompleted in the petitioner's state of residence bya person authorized in thatstate to conduct such assessments. Such report shall be filed with the courtnot less than 10 days before the hearing on the petition.
(g) The assessment and report required by this section shallcomply with any applicable rules and regulations of the department of healthand environment and shall have been completed not more than one year priorto the filing of the petition for adoption.
(h) The assessment and report required by this section may be waived by thecourt upon: (1) Review of a petition requesting such waiver by a relative ofthe child; or
(2) the court's own motion.
History: L. 1990, ch. 145, § 22;L. 1993, ch. 126, § 1;L. 1998, ch. 139, § 10;L. 2006, ch. 21, § 1;L. 2008, ch. 66, § 1;L. 2009, ch. 32, § 49; July 1.