Fill - Free fillable LIMITED CASE MANAGEMENT ORDER NOW comes the Court, (Kansas Judicial Branch) PDF form

IN THE DISTRICT COURT OF _____________, KANSAS

_________________________,

and Case No. __________________

_________________________.

LIMITED CASE MANAGEMENT ORDER

NOW comes the Court, pursuant to K.S.A. Supp. 23-3507 et. seq and Kansas Supreme Court

Rule 910, and enters its Limited Case Management Order as of the date of filing hereof. The Court finds

(1) that the parties are the parents of _______ minor child(ren), [INITIALS/AGE] ________ and

__________, (2) that this case qualifies for limited case management under K.S.A. Supp. 23-3508, (3)

that it is in the best interests of the minor child(ren) and the parties that the court appoint a limited case

manager, and (4) that ____________ is found to be qualified and consents to serve as limited case

manager.

The court therefore orders:

1. Appointment of Case Manager. The court hereby appoints ______________ as limited

case manager. The limited case manager’s contact information is:

Name:

Address:

Phone:

E-mail:

The limited case manager serves and functions under the direction and control of the court, and in

that capacity the limited case manager shall have qualified quasi-judicial immunity. If the limited case

manager is also a licensed attorney, he or she is not representing either party or offering legal advice to

the parties concerning their rights in this case.

A limited case manager helps the parties by providing a procedure, other than mediation, that

facilitates negotiation of a plan for child custody, residency, or parenting time

, and any other matters

permitted by K.S.A. 23-3508 et seq. If the parties are unable to reach an agreement, the case manager

must make recommendations to the court.

Limited case management is not a confidential process, the parties waive confidentiality of the

proceeding under K.S.A. 5-512, and the limited case manager has the responsibility to report to the court

and to other authorities under K.S.A. 23-3509 and as the court order directs.

2. Payment for Limited Case Management Services. The limited case manager’s hourly

rate of $________/hr is deemed appropriate for this family and is hereby approved by the court. The

limited case manager’s initial retainer deposit shall be $_______, with Petitioner paying $_______ and

Respondent paying $______ of said initial retainer within fourteen (14) calendar days of the date of filing

of this Order. Unless later agreed by the parties or ordered by the court, future billings shall be

apportioned between the parties as follows: Petitioner shall pay ___% and Respondent shall pay ___%.

The limited case manager shall periodically submit his/her billings to the parties and their respective

counsel of record. Unless ordered by the court, the limited case manager’s billings shall not be filed nor

entered into the court record. If any party objects to a billing of the limited case manager, that party shall,

within fourteen (14) calendar days of submission of the limited case manager’s billing at issue, file a

Motion for Review of the limited case manager’s billing, setting forth the basis of the objection. Failure to

timely file a Motion for Review of the limited case manager’s billing shall be deemed a waiver of any

objection thereto, and no objection filed out of time shall be considered by the court except on a showing

of good cause. In the absence of a timely-filed Motion for Review, each party shall pay his/her share of

all limited case manager billings within fourteen (14) calendar days of the date of the billing submission.

The limited case manager is authorized to require payment in advance for any and all services rendered

and/or to request additional retainer deposits in the future, and, if the limited case manager does require

such advance payments and/or retainer deposits, each party shall pay his/her respective share within

fourteen (14) calendar days of the request to do so. Failure of either party to timely pay the limited case

manager’s fees may be grounds for sanctions against that party. Limited case management fees are

considered court costs and, therefore, can be collected by the court or the limited case manager, including

but not limited to, by garnishments, attachments, or liens.

3. Noncompliance and Suspension of Services. In the event of nonpayment of fees, lack

of cooperation, or noncompliance in the limited case management process, the limited case manager may

suspend limited case management services to any noncompliant party without a court order, but only after

notifying the noncomplying party and his/her attorney, if any, in writing. The limited case manager shall

advise the court of any suspension of limited case management services due to noncompliance by one or

both of the parties. As a result, the court may assess additional fees, including attorney fees. If limited

case management services have been suspended as to one party, the limited case manager may continue to

communicate with the other party and may issue temporary or permanent recommendations.

4. Cooperation with Limited Case Manager. The parties shall promptly contact the

limited case manager to schedule initial conferences and shall fully cooperate with the limited case

manager in the furtherance of his/her duties. Absent a bona fide emergency that affects the child(ren)’s

immediate safety, the parties shall communicate with the limited case manager only in such manner and

at such times and places as the limited case manager directs. The limited case manager may contact and

communicate with the parties or either of them without contacting or notifying the parties’ counsel of

record or the other party. The parties shall cooperate fully with the limited case manager, and they shall

supply complete and accurate information and documents as may be requested by the limited case

manager. Failure by either party to cooperate fully with the limited case manager, including failure to

timely pay fees, expenses or retainer deposits, may result in sanctions against that party.

Full cooperation includes, but is not limited to, the following:

a. Keep the limited case manager advised at all times of current mailing addresses;

work, home, and cell telephone numbers; and email addresses;

b. Cooperate with the requests and procedures of the limited case manager;

c. Furnish, in a timely manner, complete and accurate information and records as

may be requested by the limited case manager;

d. Promptly execute all releases or waivers of confidentiality requested by the

limited case manager to allow full access to any and all psychological, medical,

educational, juvenile, criminal, or any other records pertaining to either the

child(ren) or parents in this action, and, if any entity or individual requires an

additional release or waiver of confidentiality as a prerequisite for the release of

information, the parties shall, at the request of the limited case manager,

immediately execute any and all such waivers or releases;

e. Be present for all scheduled conferences with the Limited case manager and

furnish the child(ren) to the limited case manager as requested for conferences.

Conferences may occur during regular business hours, and may occur on an ex

parte basis, or in any combination of the parties, as directed by the limited case

manager. The limited case manager shall determine whether conferences are to

be by telephone, in-person, or electronically. If a party chooses not to attend a

scheduled conference or respond to an inquiry from the limited case manager,

recommendations may be made by the limited case manager without input from

that party.

f. Make good faith efforts to resolve disputed issues;

g. Promptly pay all limited case management fees and costs;

h. Notify the limited case manager of all proceedings and examinations involving

the parties and the child(ren), and make available information to contact such

professionals, including but not limited to, teachers, counselors, and doctors.

5. Duties and Authority of Limited Case Manager. The limited case manager shall have the

authority provided by K.S.A. Supp. 23-3507 et. seq. and Kansas Supreme Court Rule 910, including

authority to resolve disputes as limited by this order. The limited case manager shall have all authority to

address disputes through conciliation, negotiation, recommendation, and/or interpretation,

modification and enforcement of existing orders. If the parties cannot reach agreement, the limited

case manager shall have authority to make recommendations to the court as provided by K.S.A.

23-3507 and 3509.

a. The limited case manager is hereby assigned to resolve or make recommendations

limited to the following issue(s):

 Child custody and/or residency ;

 Parenting time schedules or conditions, including vacation, holidays, and

temporary variation from the existing parenting plan;

 Transitions or exchanges of the children including date, time, place, and

means of transportation and transporter;

 Health care management including medical, dental, orthodontic, and

vision care;

 Child-rearing issues;

 Psychotherapy or other mental health care, including substance abuse

assessment or counseling for the children;

 Psychological testing or other assessment of the children and parents;

 Education or daycare, including school choice, tutoring, summer school,

participation in special education testing and programs, or other major

educational decisions;

 Enrichment and extracurricular activities, including camps and jobs;

 Religious observances and education;

 Children's travel and passport arrangements;

 Clothing, equipment, and personal possessions of the children;

 Communication between the parents about the children, including

telephone, fax, e-mail, notes in backpacks, etc.;

 Communication by a parent with the children, including telephone, cell

phone, pager, fax, and e-mail when they are not in that parent’s care;

 Alteration of appearance of the children, including haircuts, tattoos, ear

and body piercing;

 Role of and contact with step-parents, grandparents, significant others and

extended families;

 Substance abuse assessment or testing for either or both parents or a child,

including access to results;

 Personal conduct (or restraint from conduct) of either or both parents;

 Parenting classes for either or both parents;

 To the extent agreed by the parties and the limited case manager, financial

issues regarding the child(ren);

 Other issues that may arise during the limited case management process,

to be considered at the discretion of the Limited case manager; and

 Other:

_______________________________________________________________

b. In addition to other duties set out in this order, the limited case manager has the following

obligations to the parties and the court:

i. Contact the parties as needed.

ii. Meet with the parties and other individuals deemed appropriate.

iii. Gather information necessary to assist the parties in reaching an agreement

or making recommendations, including medical, psychological, education,

and court records.

iv. Keep a record by date and topic of all contacts with the parties.

v. Notify the court when a party fails to meet the financial obligations of the

limited case management process.

vi. Report threats, imminent danger, suspected child abuse, fears of

abduction, and suspected or actual harm to any party or child involved in

limited case management, either directly to the court or to other

authorities, or both. Such action shall be followed by a written summary

within five (5) business days of the initial filing of each report that shall be

sent to the court and included in the court file.

c. The limited case manager may contact and communicate with the child(ren)’s educational

professionals, medical and mental health care providers, counselors, relatives, stepparents,

custody evaluators, attorneys, friends, caregivers, and any other persons and/or entities the

limited case manager determines to have a significant role in contributing to or resolving the

dispute, to collect information and/or documents, verify complaints of the parties, elicit

additional recommendations for the court, and to gather and exchange information about the

parties as may be appropriate to the issues, all without further order of the court or notice to

the parties, their counsel of record, or the Guardian ad Litem (GAL), if there is one. At the

request of the limited case manager, the parties and/or their counsel of record shall assist in

facilitating the collection of said information including but not limited to executing a written

release or consent authorizing the communication. Limited c

ase management is not a

confidential process. The limited case manager may disclose any relevant information

to professionals approved by the court or the limited case manager for work with the

parties or the child(ren).

6. Periodic Reports. The limited case manager shall make such periodic written reports to

the court as the court may request or as the limited case manager may deem appropriate, and, if directed

by the court or the limited case manager so elects, copies of such written reports shall be provided to the

parties, their counsel of record, and the GAL. The limited case manager may also communicate with and

report ex parte directly to the court at any time and for any purpose, including but not limited to,

providing status reports and explaining and/or discussing limited case manager recommendations, without

notice to the parties, their counsel of record, or the GAL, and without preparing written reports of the said

communications.

7. Informal Resolution of Disputes. Any dispute may be resolved by negotiated agreement

with the assistance of the limited case manager without the direct involvement of or notice to the court,

the parties’ counsel of record, or the GAL. Unless the court directs otherwise, no motion related to

parenting matters shall be submitted to the court by either party in this action without also

contemporaneously referring the matter to the limited case manager for attempted informal resolution.

This provision does not preclude the parties from reporting to proper authorities child neglect or abuse or

violations of criminal law, nor does it preclude either party from filing a bona fide emergency motion. If

such reports are made or emergency motion filed, the reporting/moving party shall promptly notify the

limited case manager.

8. Written Summary of Agreements. Except for minor disputes involving temporary

issues, the limited case manager shall confirm the results of any material negotiated agreements by

preparing written (or e-mail) summaries stating the terms of such agreements and providing copies to the

parties, their counsel of record, the GAL, and to the court. At the direction of the court, on the written

request of either party or his/her counsel of record, or otherwise in the limited case manager’s discretion,

the limited case manager’s written summaries shall be filed with the Clerk of the district court.

9. Formal Written Recommendations. If the parties are unable to resolve a material

dispute through negotiations or otherwise informally with the assistance of the limited case manager,

limited case manager

shall make formal written (or email) recommendations, submitting the same to

the court, the parties, counsel of record, and the GAL. The

limited case manager, in his/her

discretion, may also submit a proposed order for use by the court for approval of same. Written

recommendations regarding permanent issues, such as designation of custody, primary residence, or

child support, that are recommended by the

limited case manager, shall be entered into the court

record by the court, the parties, or the parties’

counsel of record within ten (10) working days of

submission of the recommendation(s) by the

limited case manager.

10. Motions for Review of Recommendations. Either party may, within fourteen (14)

calendar days of the date of submission of any written recommendation of the limited case manager,

file a written motion (objection) pursuant to K.S.A. Supp. 23-3509(d)(6) requesting review thereof

and indicating whether a hearing on the motion is requested or waived.

Such motions and

supporting documents must also be provided to the limited case manager, counsel of record (or

unrepresented parties if applicable) and the GAL. The court may direct that additional arguments

and authorities be submitted in such form and manner as the court deems appropriate. On receipt of a

timely-filed Motion for Review, the court shall first determine whether the

limited case manager’s

recommendation at issue “materially affects a parent’s right to care, custody and control of a child,”

after which the court shall proceed in accordance with applicable Kansas law. Costs of the procedure

and professional time may be assessed against a party who objects to a recommendation. In the

absence of a timely filed written Motion for Review (objection), any objection to the

limited case

manager

’s recommendations shall be deemed waived, and the court may thereupon enter its

orders without further review, hearing or notice.

11. Discovery, Subpoena, Process. Discovery, subpoena, and/or process shall not be

directed to the limited case manager without advance leave of court for good cause shown. In the event

that any discovery, subpoena or process is commenced and/or permitted, the court may impose conditions

and limitations thereon, including assessment against either or both parties the costs associated therewith,

as well as fees and expenses of and legal counsel for the limited case manager.

12. Pending and/or Further Proceedings. Proceedings on any pending parenting matters

are stayed pending efforts by the parties to resolve the matter through the limited case management

process, or further order of the Court. Upon commencing further proceedings in the case regarding the

parties’ minor child(ren), the parties shall contemporaneously submit the disputed issue(s) to the limited

case manager for resolution. The parties shall copy the limited case manager on all filings in this action.

13. Child in Need of Care Records. Pursuant to K.S.A. 38-1507(a)(2), the court orders

disclosure by the Kansas Department of Children and Families to the limited case manager of any child in

need of care reports and records relating to the child(ren) in this case. The court finds that such disclosure

is in the best interests of the child(ren), is necessary for the proceedings before the court, and that such

records are otherwise admissible in evidence. The limited case manager’s access shall be by oral

communication sharing or by in camera inspection as requested by the limited case manager.

14. Term. The limited case manager’s appointment may be terminated by court order

as provided in K.S.A. 23-3509(b) and (c). Unless terminated by court order sooner, the term of

the limited case manager shall expire when the limited case manager has submitted to the court

either a written agreement approved by the parties and/or formal recommendations as to all

issues assigned by the court. At this time, the limited case manager shall immediately be

relieved of all duties and responsibilities, except for the duty to testify, pursuant to subpoena or

appear pursuant to the court’s request, concerning his or her recommendations or the limited case

management process. The limited case manager will be entitled to be paid for said testimony or

appearance. The expiration or termination of the limited case manager’s term shall not relieve the

parties of their respective responsibilities to timely pay the limited case manager’s fees and expenses.

15. Withdrawal of Limited Case Manager. The limited case manager may withdraw at any

time for sufficient reason, including but not be limited to, the following:

a. Loss of neutrality which prevents objectivity;

b. Nonpayment by a party;

c. Lack of cooperation by a party;

d. Threat to a party;

e. Retirement or caseload reduction by a limited case manager; or

f. Any other reason which shall be stated to the court in writing and considered adequate and

sufficient reason by the court.

16. Notices and Submissions. Any notice or submission by the limited case manager to the

parties, their counsel of record, or to the court, shall be deemed sufficiently served as follows:

a. To a party, by email transmittal to that party’s designated email address, or, in the limited

case manager 's discretion, to that party’s last known mailing address.

b. To a counsel of record, or to the GAL, by email to the attorney’s or GAL’s email address as

shown in the court records, to the GAL's or attorney's mailing address, or as otherwise

designated by the attorney or GAL for that purpose.

c. If to the court, by email or mail to the court’s administrative assistant or, in the limited case

manager’s discretion, directly to the court.

d. The limited case manager may in any case elect to serve a notice or submission by regular

mail, in lieu of or in addition to email, but, in any instance where regular mail is the only

mode of service, any applicable deadline shall be extended by three (3) calendar days.

17. Written Agreement for Limited Case Management. The limited case manager and the

parties must enter into a written agreement. The written agreement should include the limited case

manager’s expectations and procedures; billing practices, method of payment, and use of collections; and

any other information the limited case manager deems necessary when providing limited case

management services. The limited case manager must promptly report the failure of a party to enter into a

written agreement with the limited case manager.

18. Mandatory Reporter. The parties are advised that the limited case manager is a

mandated reporter for child abuse pursuant to KSA 38-2223(a)(1)(D). The parties are also

advised that the limited case manager must screen and continually monitor each dispute for

domestic violence.

IT IS SO ORDERED.

________________________________

DISTRICT COURT JUDGE

Submitted by:

___________________________________

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