Section 59-2132 - Independent and agency adoptions; 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 assessment of the advisability of the adoption by a court approved:(1)(A) Licensed social worker, licensed specialist social worker, licensed specialist clinical social worker, licensed masters social worker, licensed baccalaureate social worker or licensed associate social worker licensed by the behavioral 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, and amendments 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, and amendments thereto;(F) licensed psychologist as defined in K.S.A. 65-6319, and amendments thereto;(G) licensed masters level psychologist as defined in K.S.A. 74-5362, and amendments thereto;(H) licensed clinical psychotherapist as defined in K.S.A. 74-5363, and amendments 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 be supervised by a person with such experience; or(B) if licensed by the behavioral sciences regulatory board to diagnose and treat mental disorders in independent practice, possess a minimum of one year of experience in adoption services or be supervised by a person with such experience.(b) The petitioner shall file with the court before the hearing on the petition a report of the assessment and, if necessary, confirmation or clarification of the information filed under K.S.A. 59-2130, and amendments thereto.(c) If there is no one authorized pursuant to this section available to make the assessment and report to the court, the court may use the Kansas department for children and families for that purpose.(d) The costs of making the assessment and report may be assessed as court costs in the case as provided in article 20 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.(e) In making the assessment, the person authorized pursuant to this section or Kansas department for children and families is authorized to observe the child in the petitioner's home, verify financial information of the petitioner, shall clear the name of the petitioner with the child abuse and neglect registry through the Kansas department for children and families and, when appropriate, with a similar registry in another state or nation, shall determine whether the petitioner has been convicted of a felony for any act described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or articles 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 2023 Supp. 21-6104, 21-6325, 21-6326 or 21-6418 through 21-6422, and amendments thereto, or, within the last five years been convicted of a felony violation of K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, and, when appropriate, any similar conviction in another jurisdiction, and to contact the agency or individuals consenting to the adoption and confirm and, if necessary, clarify any genetic and medical history filed with the petition. This information shall be made a part of the report to the court. The report to the court by any person authorized pursuant to this section to perform this assessment shall include the results of the investigation of the petitioner, the petitioner'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 a child in Kansas, the assessment and report required by this section must be completed in the petitioner's state of residence by a person authorized in that state to conduct such assessments.(g) The assessment and report required by this section shall comply with any applicable rules and regulations of the department of health and environment and shall have been completed not more than one year prior to the filing of the petition for adoption.(h) The assessment and report required by this section may be waived by the court upon: (1) Review of a petition requesting such waiver by a relative of the child; or(2) the court's own motion.Amended by L. 2018, ch. 118,§ 16, eff. 7/1/2018.Amended by L. 2015, ch. 94,§ 18, eff. 7/1/2015.Amended by L. 2014, ch. 115,§ 204, eff. 7/1/2014.Amended by L. 2012, ch. 166,§ 9, eff. 7/1/2012.Amended by L. 2011, ch. 30,§ 208, eff. 7/1/2011.Amended by L. 2010, ch. 74,§ 12, eff. after its publication in the Kansas register.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.Revisor's Note:
Any reference to article 36a of chapter 21 of the Kansas Statutes Annotated in this section is being transferred to article 57 of chapter 21 of the Kansas Statutes Annotated.