What is a presumption of unfitness?
Read Kansas law 38- 2271. The parent who is presumed unfit will have the burden of proving he or she is not unfit in any future child in need of care proceeding. If he or she fails to do so, the court will terminate the parent’s parental rights. Absent the presumption the movant would maintain the burden of proving unfitness. A parent is presumed to be unfit by reason of conduct or condition which renders the parent unable to fully care for the child if, it can be established by clear and convincing evidence that: 1) A parent has previously been found to be unfit; 2) A parent has twice before been convicted of crime against a person, sex offense, or crime affecting family relationships and children and the victim was under the age of 18; 3) On two or more prior occasions a child in the physical custody of the parent has been adjudicated a child in need of care because the child was without adequate parental care, control or subsistence and the condition is not due solely to lack of fin
Related Questions
- When accompanied by an Express Statement and a signed Certification Statement, will the CII be granted the presumption of protection throughout the entire review and validation process?
- How impaired must a driver be for there to be a presumption under the law that the defendant was negligent?
- What is a presumption of unfitness?
