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Rule 173
Trials and Related Matters

Expedited Petition by Unemancipated Minor for Waiver of Parental Notice Requirement

(a) The chief judge in each district shall provide for an expedited judicial process for petitions filed pursuant to K.S.A. 65-6705. Any such petition shall be immediately assigned to a district judge for consideration, hearing, and decision.

(b) The chief judge shall maintain a confidential list of attorneys who are willing to assist or represent a minor in a proceeding to waive the notice requirement of K.S.A. 65-6705. Upon notification that a minor desires assistance in preparing and filing a petition for waiver of the notice requirement, or upon filing of a petition for waiver of the notice requirement, the judge shall appoint counsel from such list to assist or represent the minor at no cost to the minor.

(c) The judge shall ensure that all proceedings related to the petition for waiver of the notice requirement shall be recorded. As required by subsection (c) of K.S.A. 65-6705, a confidential record shall be maintained of the evidence in the proceeding, and the court shall protect the anonymity of the minor. The case shall be captioned "In the Matter of the Petition of Jane Doe for Waiver of Notice." Any court employee who breaches the confidentiality of a minor seeking a waiver under K.S.A. 65-6705 is subject to disciplinary action, including termination of employment, pursuant to the Kansas Court Personnel Rules.

(d) The Office of Judicial Administration shall prepare and distribute forms that may be used by the district courts to implement this rule. Forms for waiver of the notice requirement shall be available in each district court clerks's office upon request.

(e) The district court shall hold a hearing and file its written decision and order setting forth the specific findings of fact and conclusions of law within 48 hours of the filing of the petition in district court, excluding Saturdays and Sundays. Upon failure to file the order within such period the petition shall be deemed granted, and the court shall forthwith issue an order to that effect. If the minor files a notice of appeal from an order denying the petition for waiver, the district court judge shall immediately order preparation of a confidential transcript of the proceedings at no cost to the minor. A copy of the notice of appeal and a copy of the district judge's decision shall be filed by the appellant with the clerk of the appellate courts immediately upon filing the notice of appeal in district court. The transcript shall be filed with the clerk of the district court within three (3) days of the filing of the notice of appeal in district court.

(f) The clerk of the district court, within seven (7) days of the filing of the notice of appeal, shall compile and transmit to the clerk of the appellate courts, insofar as possible in the chronological order of their filing:

(1) the following original documents:

(a) the petition for waiver of the notice requirement;

(b) the written opinion, findings, and conclusions of the district judge;

(c) the notice of appeal;

(2) the transcripts of the proceedings before the district court; and

(3) any other document or exhibit which is part of the record.

(g) Except as otherwise specifically provided by section (e) of this rule, K.S.A. 60-206(a) shall govern in computing any prescribed period of time.

[History: New rule effective July 1, 1992; Am. effective February 8, 1994; Am. effective September 8, 2006; Am. effective July 1, 2010.]