DCF and thus Child Welfare Case Management Providers are authorized to work with families in the State of Kansas through the permission and consent of the family, or by order of the court. The family may or may not be involved with the court while receiving services. If the court is involved, the child may or may not be placed in the custody of the Secretary of DCF.
Public Law 105-89, The Adoption and Safe Families Act (ASFA) of 1997 (42 U.S.C. 620 et seq. and 670 et seq.) was signed into law on November 19, 1997 and designed to improve the safety of children, to promote adoption and other permanent homes for children who need them, and to support families. The law requires CPS agencies to provide more timely and focused assessment and intervention services to the children and families are served within the CPS system.
ASFA and subsequent amendments to the Kansas Code for the Care of Children state child safety is paramount, and when efforts to maintain or reintegrate a child with the family are not appropriate, other permanency efforts shall be made.
The Revised Kansas Code for the Care of Children (K.S.A. 38-2201 et seq) was amended to comply with federal ASFA laws, which require the court of jurisdiction hold a permanency hearing within 12 months of the date the court authorized the child's removal from the home and not less frequently than every 12 months thereafter.
The Kansas Code for the Care of Children at K.S.A. 38-2268(a) provides “Prior to a hearing to consider the termination of parental rights, if the child’s permanency plan is either adoption or appointment of a custodian, with approval of the guardian ad litem and acceptance and approval of the secretary, either or both parents may: Relinquish parental rights to the child to the secretary; consent to an adoption; or consent to appointment of a permanent custodian.” K.S.A. 38-2269 provides for the termination of parental rights and K.S.A. 38-2270 the commitment to DCF for the purpose of adoption. KSA 59-2124 gives DCF the authority to accept relinquishments of children by their parents for the purpose of adoption and establishes procedures for the filing of petitions to adopt.
The policies and procedures are applicable for all children in the custody of the Secretary through the provision of the Kansas Code for the Care of Children (K.S.A. 38-2201 through 38-2283) or relinquishment (K.S.A. 59-2124)
The provisions of the codes and policies of DCF are incumbent upon private Child Welfare Case Management Providers as well. Children in the custody of the Secretary and in out of home placement are served by Child Welfare Case Management Providers.
Children are placed by the Court in the custody of the Secretary of DCF in the following ways: