Kansas SOUL Permanency Program for Youth 16 and Older (K.S.A. 38-2272a)

A teenager age 16 or older in Kansas's child welfare system faces a specific problem that standard guardianship and POA instruments do not solve well. Kansas created the SOUL Family Legal Permanency program to address this gap, and it gives older youth something most kinship instruments cannot: a permanent legal connection to a caring adult.

What SOUL Permanency Is

Enacted through K.S.A. 38-2272a (L. 2026, Ch. 125), SOUL permanency creates a legal relationship between a youth aged 16 or older who is involved in the Kansas Child in Need of Care system and an approved adult — whether that is a relative, a family friend, a mentor, or another person with a close emotional connection to the young person.

Unlike guardianship, which is imposed by a court and focused on the adult's authority over the child, SOUL permanency centers on the youth's choice. The young person must agree to the arrangement. It is designed for teenagers who may not want to be "adopted" but desperately need a stable adult in their corner.

What Authority SOUL Permanency Grants

The legal authority under SOUL permanency is broad and permanent:

• Healthcare authority: The designated adult can consent to medical, dental, and mental health care
• Educational authority: Full authority over school enrollment, records, IEP participation, and educational decisions
• Medical POA execution: The adult can execute a medical power of attorney on the youth's behalf
• Permanency into adulthood: Unlike a power of attorney that expires after one year, or a guardianship that ends at 18, SOUL permanency creates a legal connection that extends into the young person's adult life

Who Qualifies

The youth must be 16 or older and involved in the Kansas Child in Need of Care system. The designated adult must be someone the youth has an existing relationship with — the statute uses "approved kin or close emotional connection." This is intentionally broader than blood relatives. A coach, a teacher, a church member, or a longtime family friend can qualify if the relationship is genuine and approved by the court.

The arrangement requires:

• The youth's agreement (this is non-negotiable — SOUL permanency cannot be imposed against a teenager's wishes)
• Parent consent, unless the parent has been found unfit by the court
• A court order finalizing the arrangement

How SOUL Differs from Guardianship

Guardianship under K.S.A. 59-3050 is a court appointment that gives an adult authority over a minor — it is adult-directed and ends when the child turns 18. SOUL permanency is youth-directed and permanent. The difference matters for older teenagers who have spent years in a system that made decisions for them.

A guardian appointed at age 16 has authority for two years. SOUL permanency creates a legal relationship that the young person carries into adulthood, providing a stable adult connection for healthcare decisions, emergency contacts, and the kind of practical support that most people take for granted when they have family.

How SOUL Connects to School and Medical Consent

For a kinship caregiver of a youth in state care who is 16 or older, SOUL permanency may be a better long-term option than renewing a power of attorney or maintaining a guardianship that will end at 18 anyway. The healthcare and educational authority is immediate, and the permanency extends beyond the child's 18th birthday.

If you are currently navigating school enrollment and medical consent for a younger child, the standard instruments — parental power of attorney, guardianship, or the Host Families Act POA — still apply. But if the child in your care is 16 or older and involved in the child welfare system, ask your attorney or Kansas Legal Services about SOUL permanency as an alternative.

Our Kansas School and Medical Consent Guide covers the full range of consent instruments Kansas recognizes, including how each one applies at different ages and in different caregiver situations.

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