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 consent of the guardian ad litem and the secretary, either or both parents may: relinquish parental rights to the child; consent to an adoption; or consent to appointment of a permanent custodian.” The Secretary of DCF will accept a relinquishment only if there is a current CINC case with custody awarded to the Secretary. The Secretary or Secretary's designee has the right to refuse or accept any relinquishment if termination of parental rights is not in the child’s best interest.
If the relinquishment is not accepted, a new case plan shall be written within the next 30 calendar days. Adoption may be considered at any case planning conference but must be discussed at the case planning conference which is held following the one-year anniversary of the initial out-of-home placement of the child. Relinquishment can be considered only if adoption is the case plan goal or the concurrent case plan goal for the child and it is documented that the plan is in the child's best interest. There must be a reasonable expectation that adoption of the child can be achieved.
Parents shall relinquish their legal rights to their children in writing, before the court of jurisdiction, or before a notary if necessary. Arrangements shall be made for the child's Child Welfare Case Management Provider to receive the relinquishment papers once they are signed by the judge or notary and forward them to DCF for acceptance. DCF shall send notification to the parent’s last known address, Guardian ad Litem and the County or District Attorney of the acceptance or non-acceptance of the relinquishment.