Kansas Temporary Guardianship Agreement
Kansas uses this power of attorney only within a child placement agency host family program.
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Introduction
A parent signs the Kansas Host Families Act power of attorney under K.S.A. 38-2403(d), and the host family accepts. It may not exceed one year, but may be renewed for one additional year, or active duty plus 30 days for a serving parent.
Key Things to Know
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The Kansas instrument is the Host Families Act power of attorney delegating parental or legal custodian powers, K.S.A. 38-2403(d). The parent signs it and each host family attorney in fact signs an acceptance on the Kansas Judicial Council form (07/2016 KSJC). It is used only within a child placement agency host family program, not as a general delegation to a relative.
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The power of attorney may not exceed one year, and it may be renewed for one additional year. If the parent is a serving parent on active duty, the term may not exceed the term of active duty service plus 30 days. The Judicial Council form asks for a start and end date.
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Placement is not allowed without the consent of all individuals who have legal custody of the child. The statute does not state a notary requirement, but the Judicial Council form has a notary acknowledgment for the parent and for each attorney in fact. The form is not mandatory: substantial compliance with it is deemed sufficient.
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A parent may delegate any of the powers regarding the care and custody of the child, except consent to marriage or adoption, the performance or inducement of an abortion on or for the child, and ending a parent's legal rights to the child. The form covers enrolling the child in school and consent to medical and dental treatment. This page does not promise that any school or medical provider must accept the document.
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This is not a court guardianship. It does not deprive any parent of parental or legal authority, and signing it is not evidence of abandonment, abuse or neglect. It does not affect any parental or legal authority limited by a court order. The parent may revoke it at any time, and the child is then returned to the parent as soon as reasonably possible.
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A host family is an individual or family who provides temporary care under the Act, within an agency program that screens them like foster home applicants. Separately, K.S.A. 38-136 lets a parent delegate in writing consent to immunization only, to a grandparent, adult sibling, adult aunt or uncle, stepparent, or another adult with care and control of the minor.
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If this document does not fit your situation, or a longer or court-backed arrangement is needed, Kansas has court routes: an emergency guardian for a minor (K.S.A. 59-30,135), limited to 30 days and extendable up to three times for up to 30 days each; and a standby guardian (K.S.A. 59-30,134), appointed by the court. A court guardianship over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Kansas child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.
Key decisions before you file
Before you file a Temporary Guardianship Agreement in Kansas, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.
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Kansas Requirements for Temporary Guardianship Agreement
Host Families Act Power of Attorney
A parent may place a child in a child placement agency host family program by executing a power of attorney delegating to a host family any of the powers regarding the care and custody of the child (K.S.A. 38-2403(d)(1)).
One Year Term With One Renewal
The power of attorney may not exceed one year, and may be renewed for one additional year. For a serving parent on active duty, the term may not exceed the term of active duty service plus 30 days (K.S.A. 38-2403(d)(2)).
Consent of All Legal Custodians
Placement is not allowed without the consent of all individuals who have legal custody of the child (K.S.A. 38-2403(d)(1)).
Notary Acknowledgment on Judicial Council Form
The Kansas Judicial Council form (07/2016 KSJC) has a notary acknowledgment for the parent and for each attorney in fact. The statute text does not state a notary requirement.
Attorney in Fact Acceptance
On the Judicial Council form, each attorney in fact signs an acceptance of designation.
Powers and Exclusions
Any powers regarding care and custody may be delegated, except consent to marriage or adoption, the performance or inducement of an abortion on or for the child, and ending a parent's legal rights to the child (K.S.A. 38-2403(d)(1)).
Revocation at Any Time
A parent may revoke or withdraw the power of attorney at any time, and the child is returned to the parent as soon as reasonably possible (K.S.A. 38-2403(d)(4)).
Court Orders Not Affected
The delegation does not affect any parental or legal authority otherwise limited by a court order (K.S.A. 38-2403(d)(3)(C)).
Substantial Compliance With Judicial Council Form
A power of attorney is deemed sufficient if it is in substantial compliance with the form set forth by the Kansas Judicial Council (K.S.A. 38-2403(d)(6)).