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§ 4. Aged and infirm persons; financial aid; state participation. The respective counties of the state shall provide, as may be prescribed by law, for those inhabitants who, by reason of age, infirmity or other misfortune, may have claims upon the aid of society. The state may participate financially in such aid and supervise and control the administration thereof.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1936, ch. 4; L. 1972, ch. 394, § 1; August 1, 1972.

Law Review and Bar Journal References:

Mentioned in "Exclusionary Zoning and Its Effects on Group Homes in Areas Zoned for Single-Family Dwellings," 24 K.L.R. 677, 699 (1976).

Attorney General's Opinions:

Aged and infirmed persons; financial aid; state county participation. 92-18.

CASE ANNOTATIONS

1. Question of relief of "poor" at public expense, discussed. The State, ex rel., v. Osawkee Township, 14 Kan. 418, 422. Questioned: Treadwell v. Beebe, 107 Kan. 31, 190 P. 768, and State, ex rel., v. Kansas City, 140 Kan. 471, 477, 37 P.2d 18.

2. Overseer of poor may bind county for relief of needy. Dykes v. Stafford County, 86 Kan. 697, 698, 702, 121 P. 1112.

3. Granting relief to certain disabled residents held to be discretionary. Gleason v. Sedgwick County, 92 Kan. 632, 141 P. 584.

4. Statute providing for county settlement of public welfare institutions valid. Beck v. Shawnee County, 105 Kan. 325, 328, 182 P. 397.

5. City has power to accept bequest of charitable trust fund. Treadwell v. Beebe, 107 Kan. 31, 37, 190 P. 768.

6. Smallpox epidemic; expenses incurred by city recoverable from county. City of Wichita v. Sedgwick County, 110 Kan. 471, 474, 204 P. 693.

7. Duty of overseer to furnish poor prompt and proper relief. Caton & Starr v. Osborne County, 110 Kan. 711, 714, 205 P. 341.

8. Duty of county under section to provide for inhabitants. Rishel v. McPherson County, 122 Kan. 741, 754, 253 P. 586.

9. Cited in holding county not authorized to construct asylum for insane. Donnelly v. Atchison County Comm'rs, 130 Kan. 428, 429, 286 P. 250.

10. State not prohibited from caring for poor or needy. State, ex rel., v. State Highway Comm., 138 Kan. 913, 914, 28 P.2d 770.

11. Statute (K.S.A. 10-301) does not limit amount of poor bonds county may issue under K.S.A. 39-3a02. State, ex rel., v. Robb, 143 Kan. 527, 530, 532, 55 P.2d 815.

12. Applied; statute (39-713) does not unlawfully delegate legislative power; constitutional. State, ex rel., v. Jackson County Board of Social Welfare, 161 Kan. 672, 674, 679, 680, 171 P.2d 651.

13. Section not violated by narrowing of eligibility guidelines for general assistance and MediKan. Bullock v. Whiteman, 254 Kan. 177, 183, 865 P.2d 197 (1993).