In re A.W., 123322

A.W., a Missouri resident born in 2005, suffered repeated diabetic ketoacidosis and was hospitalized multiple times between 2018–2020, including admissions to an Overland Park, Kansas hospital (OPMC).
Mother and A.W. lived in Missouri for more than six consecutive months before the Kansas CINC petition; Mother sometimes used other addresses but remained physically present in Missouri.
Kansas filed a CINC petition on April 17, 2020, after A.W.'s April 2020 OPMC admission; A.W. was placed in foster care and Mother refused cooperation absent a court order.
The Johnson County District Court issued temporary emergency custody orders and later adjudicated A.W. a CINC on August 17, 2020, without addressing UCCJEA home-state issues.
On appeal Mother first challenged subject-matter jurisdiction under the UCCJEA; the court concluded Missouri was the child’s home state and that Kansas, at most, had emergency jurisdiction.
The appellate court vacated the CINC adjudication and remanded with directions to contact the appropriate Missouri court to see if it will accept or waive jurisdiction; if Missouri declines, Kansas may then determine its UCCJEA jurisdictional status.

Issue	Plaintiff's Argument (Mother)	Defendant's Argument (State)	Held
Whether Kansas had initial subject-matter jurisdiction under the UCCJEA (home-state rule)	Missouri was A.W.'s home state (lived there >6 months); Kansas lacked jurisdiction	A.W. was not domiciled in Missouri or no longer a Missouri resident	Missouri was A.W.'s home state; Kansas lacked initial jurisdiction
Whether Missouri "declined" jurisdiction sufficient to allow Kansas to proceed	No court in Missouri declined jurisdiction	Missouri agency informed Kansas to proceed, so Missouri declined	Agency communications are insufficient; only a court may decline jurisdiction
Whether Mother’s conduct (bringing child to Kansas) or acquiescence conferred jurisdiction	Mother did not invoke Kansas courts; State invoked jurisdiction	Mother brought A.W. to Kansas to avoid Missouri CPS, so her conduct was unjustifiable or acquiescent	UCCJEA §208 targets the person seeking to invoke jurisdiction; State invoked Kansas jurisdiction, so Mother’s conduct does not justify Kansas subject-matter jurisdiction
Scope of emergency jurisdiction under the UCCJEA	Kansas had emergency jurisdiction to protect A.W. and could make orders to ensure safety	Emergency justified full CINC adjudication by Kansas	Emergency jurisdiction permits temporary protective orders only; district court exceeded authority by adjudicating CINC; adjudication vacated

In re K.L.B., 56 Kan. App. 2d 429 (Kan. Ct. App. 2018) (subject-matter jurisdiction under UCCJEA may be raised at any time)
In re A.A., 51 Kan. App. 2d 794 (Kan. Ct. App. 2015) (UCCJEA applies to CINC proceedings and sets home-state rule)
In re J.C., 242 W. Va. 165 (W. Va. 2019) (home-state decline must come from a court, not a state agency)
In re E.D., 812 N.W.2d 712 (Iowa Ct. App. 2012) (emergency jurisdiction limited to temporary protective orders)
In re Gino C., 224 Cal. App. 4th 959 (Cal. Ct. App. 2014) (emergency jurisdiction may ripen into continuing jurisdiction only if home state declines)
In re A.L.H., 160 Vt. 410 (Vt. 1993) (emergency jurisdiction does not authorize permanent custody adjudications)