chapter-38•Chapter 38 — Minors
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
The period of minority extends in all persons to the age of eighteen (18) years, except that every person sixteen (16) years of age or over who is or has been married shall be considered of the age of majority in all matters relating to contracts, property rights, liabilities and the capacity to sue and be sued.
History: G.S. 1868, ch. 67, § 1; L. 1917, ch. 184, § 1; L. 1919, ch. 229, § 1; R.S. 1923, 38-101; L. 1965, ch. 274, § 1; L. 1972, ch. 161, § 5; L. 1978, ch. 155, § 1; July 1.
Except as otherwise provided in K.S.A. 38-615 through K.S.A. 38-622, and amendments thereto, a minor is bound not only by contracts for necessaries, but also by the minor's other contracts, unless the minor disaffirms them within a reasonable time after the minor attains the minor's majority and restores to the other party all money or property received by the minor by virtue of the contract and remaining within the minor's control at any time after the minor attaining the minor's majority.
History: G.S. 1868, ch. 67, § 2; R.S. 1923, 38-102; L. 2000, ch. 174, § 9; July 1.
No contract can be thus disaffirmed in cases where, on account of the minor's own misrepresentations as to his majority, or from his having engaged in business as an adult, the other party had good reasons to believe the minor capable of contracting.
History: G.S. 1868, ch. 67, § 3; October 31; R.S. 1923, 38-103.
When a contract for the personal service of a minor has been made with him alone, and those services are afterwards performed, payment made therefor to such minor in accordance with the terms of the contract is a full satisfaction for those services, and the parent or guardian cannot recover therefor.
History: G.S. 1868, ch. 67, § 4; October 31; R.S. 1923, 38-104.
History: G.S. 1868, ch. 67, § 5; R.S. 1923, 38-105; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 67, § 6; L. 1903, ch. 361, § 1; R.S. 1923, 38-106; L. 1935, ch. 185, § 1; Repealed, L. 1939, ch. 180, § 280; July 1.
Revisor's Note: Later act, see 59-2111 et seq.
History: G.S. 1868, ch. 67, § 7; R.S. 1923, 38-107; Repealed, L. 1939, ch. 180, § 280; July 1.
That the district courts for the several counties in this state shall have authority to confer upon minors the rights of majority, concerning contracts and real and personal property, and to authorize and empower minors to purchase, hold, possess and control in their own person and right, and without the intervention or control of a guardian or trustee, any goods, chattels, rights, interests in lands, tenements and effects by such minor lawfully acquired or inherited; and such minor shall have full power to hold, convey and dispose of the same, and to make contracts and be subject to all the liabilities incident thereto, sue and be sued, and in all respects to exercise and enjoy all rights of property and of contracts in the same manner and to the same extent as persons at the age of majority.
History: L. 1875, ch. 114, § 1; May 15; R.S. 1923, 38-108.
Any minor, desiring to obtain the rights of majority for the purposes named in the preceding section, may, by his or her next friend, file a petition in the district court of the county in which such minor shall reside, setting forth,
first,
the age of the minor petitioner, and that said petitioner is then and has been a bona fide resident of such county for at least one year next preceding the filing of the petition;
second,
the cause for which petitioner seeks to obtain the rights of majority. Such petition shall be filed as in other cases and notice of the hearing on said petition shall be given by publishing such notice for three consecutive weeks in some newspaper authorized by law to publish legal notices and the time of the hearing on said petition shall be not less than thirty days after the date of the first publication of said notice.
Upon proof in open court of the truth of the allegations in such petition and that said petitioner is a person of sound mind and able to transact his or her own affairs and that the interest of the petitioner shall be promoted thereby, the court may, in its discretion, order and decree that the petitioner be empowered to exercise the rights of majority for any and all purposes mentioned in K.S.A. 38-108, or any acts amendatory thereof or supplemental thereto; and thereupon such order and decree shall be entered on the records of said court; and thereafter all acts by said petitioner done and performed concerning any contract, rights in action, or interests in real or personal property, shall have the same force, validity and effect as if made by a person of full age.
History: L. 1875, ch. 114, § 2; R.S. 1923, 38-109; L. 1943, ch. 176, § 1; June 28.
The costs of proceedings under this act shall be taxed against the minor petitioner, and the same shall be paid before the entry of the decree herein provided for.
History: L. 1875, ch. 114, § 3; May 15; R.S. 1923, 38-110.
During the trial of an action or the hearing of any proceeding or examination in which vulgar, obscene or immoral evidence is elicited or produced, the police judge trying the case or the judge of the district court hearing the proceeding or examination, may expel and exclude any or all minors from the courtroom and place of trial or hearing.
History: L. 1885, ch. 144, § 1; R.S. 1923, 38-111; L. 1976, ch. 145, § 159; January 10, 1977.
Any corporation heretofore or hereafter organized under the laws of the state of Kansas having for its purpose the care and maintenance of destitute and friendless children, and being authorized by law to surrender said children for adoption, is hereby authorized and empowered to receive and retain such children, and provide them with homes until they reach their majority, and to stand at all times in loco parentis to such children, until it surrenders the same to individuals for adoption.
History: L. 1889, ch. 134, § 1; R.S. 1923, 38-112; L. 1947, ch. 262, § 1; June 30.
History: L. 1889, ch. 134, § 2; R.S. 1923, 38-113; L. 1947, ch. 262, § 2; L. 1985, ch. 114, § 22; Repealed, L. 1990, ch. 145, § 38; July 1.
History: L. 1979, ch. 118, § 1; L. 1983, ch. 140, § 7; Repealed, L. 1985, ch. 114, § 30; July 1.
History: L. 1889, ch. 134, § 3; R.S. 1923, 38-114; L. 1947, ch. 262, § 3; L. 1976, ch. 145, § 160; Repealed, L. 1990, ch. 145, § 38; July 1.
It shall be lawful for such corporation to receive donations and bequests and to apply the same to the support of said home; and the proper authorities of any city or county having a population of more than thirty thousand are hereby authorized and empowered to make such appropriation for the benefit of such home as they shall from time to time deem expedient.
History: L. 1889, ch. 134, § 4; March 19; R.S. 1923, 38-115.
Said corporation shall have the power to purchase and sell such real and personal property as the board of directors may deem to be for the interest of the corporation.
History: L. 1889, ch. 134, § 5; March 19; R.S. 1923, 38-116.
History: L. 1927, ch. 224, § 1; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1927, ch. 224, §§ 2, 3; Repealed, L. 1939, ch. 180, § 280; July 1.
Any person receiving bodily injury or any person, partnership, corporation, political subdivision or other entity whose property has been damaged or destroyed shall be entitled to recover damages in an appropriate action at law in a court of competent jurisdiction from the parents of any child, living with the parents, who maliciously or willfully injured such person or damaged or destroyed such property while under the age of 18 years. Such recovery shall be limited to the actual damages in an amount not to exceed $5,000, in addition to taxable court costs, unless the court or jury finds that the malicious or willful act of such minor causing such injury, damage or destruction is the result of parental neglect, in which event the $5,000 limitation does not apply. Recovery under this section for bodily injury shall be limited to actual medical expenses.
History: L. 1959, ch. 203, § 1; L. 1965, ch. 275, § 1; L. 1978, ch. 156, § 1; L. 1995, ch. 257, § 5; July 1.
History: L. 1959, ch. 203, § 2; Repealed, L. 1975, ch. 230, § 1; July 1.
Any parent, including a parent who is a minor, whether married or unmarried, may consent to the performance upon his or her child of a medical, surgical or post mortem procedure by a physician licensed to practice medicine or surgery. The consent of a parent who is a minor shall not be voidable because of such minority, but for such purpose a parent who is a minor shall be deemed to have the same legal capacity to act and shall have the same powers and obligations as has a person of legal age.
History: L. 1967, ch. 241, § 1; July 1.
Notwithstanding any other provision of the law, an unmarried pregnant minor where no parent or guardian is available may give consent to the furnishing of hospital, medical and surgical care related to her pregnancy, and such consent shall not be subject to disaffirmance because of minority. The consent of a parent or guardian of an unmarried pregnant minor shall not be necessary in order to authorize hospital, medical and surgical care related to her pregnancy, where no parent or guardian is available.
History: L. 1967, ch. 241, § 2; July 1.
Any person 16 years of age or older shall be eligible to donate blood voluntarily without the necessity of obtaining parental permission or authorization. No person 16 or 17 years of age shall receive compensation for any such donation without parental permission or authorization.
History: L. 1969, ch. 221, § 1; L. 1972, ch. 161, § 6; L. 1975, ch. 229, § 1; L. 2006, ch. 184, § 2; July 1.
Notwithstanding any other provision of the law, any minor sixteen (16) years of age or over, where no parent or guardian is immediately available, may give consent to the performance and furnishing of hospital, medical or surgical treatment or procedures and such consent shall not be subject to disaffirmance because of minority. The consent of a parent or guardian of such a minor shall not be necessary in order to authorize the proposed hospital, medical or surgical treatment or procedures.
History: L. 1969, ch. 220, § 1; July 1.
History: L. 1968, ch. 182, § 1; L. 1976, ch. 145, § 161; Repealed, L. 1990, ch. 145, § 38; July 1.
History: L. 1968, ch. 182, § 2; Repealed, L. 1990, ch. 145, § 38; July 1.
History: L. 1968, ch. 182, § 3; L. 1985, ch. 114, § 23; Repealed, L. 1990, ch. 145, § 38; July 1.
History: L. 1968, ch. 182, §§ 4, 5; Repealed, L. 1990, ch. 145, § 38; July 1.
Revisor's Note: Section transferred to 23-3302.
Revisor's Note: Section transferred to 23-3303.
Revisor's Note: Section transferred to 23-3304.
History: L. 1971, ch. 152, § 1; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1977, ch. 286, § 1; L. 2006, ch. 62, § 7; Repealed, L. 2008, ch. 169, § 23; July 1.
(a) As used in this section:
(1) "Child" means a person under 18 years of age who has been removed from the home of a relative as a result of judicial determination and whose placement and care is the responsibility of the secretary.
(2) "Family foster home" means a private home in which care is given for 24 hours a day for children away from their parent or guardian and which is licensed under K.A.R. 28-4-311 et seq.
(3) "Foster family" means all persons living in the foster home other than foster children.
(4) "Foster parent" means the licensee who is responsible for the care of foster children.
(5) "Secretary" means the secretary for children and families.
(b) In order to assist the foster family to make an informed decision regarding their acceptance of a particular child, to help the foster family anticipate problems which may occur during the child's placement and to help the foster family meet the needs of the child in a constructive manner, the secretary shall seek to obtain and shall provide the following information to the foster parent as the information becomes available to the secretary:
(1) Strengths, needs and general behavior of the child;
(2) circumstances which necessitated placement;
(3) information about the child's family and the child's relationship to the family which may affect the placement;
(4) important life experiences and relationships which may affect the child's feelings, behavior, attitudes or adjustment;
(5) medical history of the child, including third-party coverage which may be available to the child; and
(6) education history, to include present grade placement, special strengths and weaknesses.
History: L. 1990, ch. 144, § 1; L. 2014, ch. 115, § 49; July 1.
As used in this act:
(a) "Health care provider" means a person licensed to practice medicine and surgery by the state board of healing arts, a person who holds a temporary permit to practice medicine and surgery issued by the state board of healing arts, a person engaged in a postgraduate training program in medicine and surgery approved by the state board of healing arts, a medical care facility licensed by the department of health and environment, a health maintenance organization issued a certificate of authority by the commissioner of insurance, a licensed professional nurse, a licensed practical nurse, a licensed physician assistant, a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by such law to form such a corporation and who are health care providers as defined by this subsection, a Kansas limited liability company organized for the purpose of rendering professional services by its members who are health care providers as defined by this subsection and who are legally authorized to render the professional services for which the limited liability company is organized, a partnership of persons who are health care providers as defined by this subsection or a Kansas not-for-profit corporation organized for the purpose of rendering professional services by persons who are health care providers as defined by this subsection.
(b) "Parent" means:
(1) A minor's parent by birth or adoption;
(2) a minor's legal guardian; or
(3) any person who under court order is authorized to give consent for a minor.
History: L. 1995, ch. 183, § 2; L. 2000, ch. 162, § 13; February 1, 2001.
(a) Subject to the provisions of this section, a parent may delegate in writing the parent's authority to consent to the immunization of a minor to any of the following individuals, not in order of priority:
(1) A grandparent by birth or adoption;
(2) an adult brother or sister or half brother or half sister, by birth or adoption;
(3) an adult aunt or uncle by birth or adoption;
(4) a stepparent; or
(5) another adult who has care and control of the minor.
(b) A grandparent, brother or sister, aunt or uncle or stepparent of a minor who is the primary caregiver of a minor and who may consent to the immunization of the minor under subsection (a) may delegate in writing the authority to consent to immunization of the minor to another person listed in subsection (a).
(c) A health care provider may rely on a notarized document from another state, territory or country that contains substantially the same information as is required in any immunization consent rules and regulations of the department of health and environment if the document is presented for consent by a person listed in subsection (a).
(d) A person who consents to immunization of a minor under this act shall provide the health care provider with sufficient and accurate health information about the minor for whom the consent is given and, if necessary, sufficient and accurate health information about the minor's family to enable the person providing the consent and the health care provider to determine adequately the risks and benefits inherent in the proposed immunization and determine whether the immunization is advisable.
History: L. 1995, ch. 183, § 3; July 1.
(a) Subject to the provisions of this section, the following individuals, not in order of priority, may consent to the immunization of a minor if a parent is not reasonably available and the authority to consent is not denied under subsection (b):
(1) A grandparent by birth or adoption;
(2) an adult brother or sister or half brother or half sister, by birth or adoption;
(3) an adult aunt or uncle by birth or adoption;
(4) a stepparent; or
(5) another adult who has care and control of the minor.
(b) A person may not consent to the immunization of a minor under subsection (a) if:
(1) The person has actual knowledge that the parent has expressly refused to give consent to the immunization; or
(2) the parent has told the person that the person may not consent to the immunization of the minor or, in the case of a written authorization, has withdrawn the authorization in writing.
(c) For purposes of this section, a parent is not reasonably available if:
(1) The location of the parent is unknown;
(2) (A) a reasonable effort made by a person listed in subsection (a) to locate and communicate with the parent for the purpose of obtaining consent has failed; and (B) not more than 90 days have passed since the date that the effort was made; or
(3) the parent has been contacted by a person listed in subsection (a) and requested to consent to the immunization of the minor, and the parent: (A) Has not acted on the request; and (B) has not expressly denied authority to the person listed in subsection (a) to consent to immunization of the minor.
(d) A person authorized to consent to the immunization of a minor under this section shall confirm in writing that the parent is not reasonably available and the written confirmation shall be included in the minor's medical record.
History: L. 1995, ch. 183, § 4; July 1.
The responsibility of a health care provider to provide information to a person consenting to the immunization of a minor as provided by K.S.A. 38-136 and 38-137 is the same as the health care provider's responsibility to a parent.
History: L. 1995, ch. 183, § 5; July 1.
(a) In the absence of willful misconduct or gross negligence, a health care provider who accepts the health history and other information given by a person who is delegated the authority to consent to the immunization of a minor as provided by K.S.A. 38-136 or 38-137 shall not be liable for an adverse reaction related to an immunization of the minor resulting from factual errors in the health history or information given by the person to the health care provider.
(b) In the absence of willful misconduct or gross negligence, a health care provider who relies on the consent of a person delegated the authority to consent to the immunization of a minor as provided by K.S.A. 38-136 or 38-137 shall not be liable for damages arising from reliance on such consent.
(c) Except for acts of willful misconduct or gross negligence, a person who consents to the immunization of a minor as provided by K.S.A. 38-136 or 38-137 shall not be liable for damages arising from any such immunization administered by a person authorized by law to administer immunizations in this state.
History: L. 1995, ch. 183, § 6; July 1.
The provisions of K.S.A.
38-135
through 38-140 shall not affect authority to consent to immunization of a minor pursuant to K.S.A.
38-2217
or
38-2316, and amendments thereto, or pursuant to any other law.
History: L. 1995, ch. 183, § 7; L. 2006, ch. 169, § 106; L. 2007, ch. 195, § 19; July 1.
History: L. 1995, ch. 183, § 7; L. 2006, ch. 200, § 91; Repealed, L. 2007, ch. 195, § 59; July 1.
(a) As used in this section:
(1) "Child" means a person under 18 years of age; and
(2) "parent" means and includes a natural parent, an adoptive parent, a stepparent or a guardian or conservator of a child who is liable by law to maintain, care for or support the child.
(b) It shall be the public policy of this state that parents shall retain the fundamental right to exercise primary control over the care and upbringing of their children in their charge. It is further the public policy of this state that children shall have the right to protection from abuse and neglect.
(c) Nothing in subsection (b) shall be interpreted to expand, diminish or in any way alter the scope of the rights of parents or children to the extent such rights exist as of the effective date of this act.
(d) Any parent may maintain a cause of action in state court or in any court of competent jurisdiction for claims arising under the principles established in subsection (b). Any person authorized by law to act on behalf of a child may maintain a cause of action in the name of such child in any court of competent jurisdiction for claims arising under the principles established in subsection (b).
History: L. 1996, ch. 229, § 159; July 1.
The provisions of K.S.A. 38-142 through 38-148, and amendments thereto, shall be known and may be cited as the grandparents as caregivers act.
History: L. 2006, ch. 208, § 1; July 1.
As used in the grandparents as caregivers act:
(a) "Program" means the grandparents as caregivers program.
(b) "Secretary" means the secretary for children and families.
(c) "Department" means the Kansas department for children and families.
History: L. 2006, ch. 208, § 2; L. 2014, ch. 115, § 50; July 1.
(a) In accordance with the provisions of the grandparents as caregivers act and subject to the provisions of appropriation acts, the secretary shall establish a grandparents as caregivers program within the Kansas department for children and families. The program shall be administered in a manner which recognizes that:
(1) The relationship between a child and a parent differs from the relationship between a child and a grandparent;
(2) society and the demands and needs of the members of society change between the time a person raises a child and the time the same person raises a grandchild;
(3) caring for a grandchild often places additional financial, social and psychological strain on grandparents with fixed incomes;
(4) different parenting skills are necessary when raising a grandchild, and many grandparents do not possess such skills, are not aware of how to obtain such skills and cannot afford access to the services necessary to obtain such skills;
(5) grandparents acting as caregivers need a support structure, including counseling for both the grandparent and grandchild, respite care, transportation assistance and child care; and
(6) grandparents are often unaware of medical and other assistance, including cash assistance for which they may be eligible.
History: L. 2006, ch. 208, § 3; L. 2014, ch. 115, § 51; July 1.
(a) If a person meets the financial eligibility requirements developed by the secretary, a grandparent shall be eligible to participate in the program if such grandparent:
(1) Is 50 years of age or older;
(2) has the grandchild placed in such grandparent's custody by the state, is the legal guardian of the grandchild or has other legal custody of the grandchild; and
(3) has an annual household income of less than 130% of the federal poverty level.
(b) A grandparent shall not be eligible to participate in the program if the parent or parents of the child reside with such grandparent.
(c) The secretary annually shall review the eligibility of grandparents participating in the program. Grandparents shall be required to meet eligibility requirements each year to continue in the program.
History: L. 2006, ch. 208, § 4; July 1.
If there are no grandparents of a child who are willing to participate in the program, the secretary may include in the program any other close relative who becomes the legal guardian of the child or obtains legal custody of the child, as granted by a court of competent jurisdiction or through placement by the secretary. In order to participate, such relative must meet the eligibility requirements of subsections (a)(1), (a)(2) and (a)(3) of K.S.A. 38-145, and amendments thereto. A relative qualifying for the program pursuant to this section shall be considered a grandparent for purposes of this act.
History: L. 2006, ch. 208, § 5; July 1.
By January 1, 2007, and subject to the provisions of appropriation acts, the secretary:
(a) Shall reimburse grandparents in the program for the cost of the care of the grandchild in the amount of $200 per grandchild per month but not to exceed a total of $600 per month. Such reimbursements shall not be considered income in determining eligibility for public assistance benefits under other state programs and, to the extent allowed by federal law, under federal programs, with the exception of temporary assistance for needy families which may not be received for those same grandchildren. Grandparents in the program shall continue to receive reimbursement until the child reaches the age of 18 or the age of 21, if such child is in full-time attendance at a secondary school, postsecondary educational institution as defined by K.S.A. 74-3201b, and amendments thereto, or an institution as defined by K.S.A. 74-32,163, and amendments thereto, or is in a state accredited job training program. Grandparents annually shall submit to the secretary a sworn statement that the child is living with and receiving support from the grandparents. A child attending a postsecondary educational institution or an institution shall be considered as living with the grandparents. The parent of any child receiving or for which assistance is received through the program shall remain liable for the support of the child as required by law;
(b) may provide continuing counseling for the child and grandparent under the program;
(c) may provide ancillary or support services including, but not limited to, respite care, child care, clothing allowances, parenting skills training, childhood immunizations and other health screening and transportation assistance. Eligibility for services pursuant to the program shall be based on the same eligibility criteria used for other benefits provided by the department; and
(d) may provide a medical card and other medical assistance to each child under the program.
History: L. 2006, ch. 208, § 6; July 1.
(a) The secretary, on or before the first day of the regular legislative session, shall report annually to the legislature:
(1) The number of children participating in the program and the breakdown of where these children were placed, with either a grandparent or other close relative;
(2) the number of children moved from a foster care placement or other state custody to a grandparent or other close relative;
(3) an overview of the moneys spent on the program; and
(4) the cost-savings analysis of implementing the program by having the children placed with a grandparent or other close relative instead of being placed in state custody.
(b) The secretary may adopt any rules and regulations necessary to implement the provisions of this act.
History: L. 2006, ch. 208, § 7; July 1.
The provisions of the grandparents as caregivers act shall not be construed to create an entitlement for participants in the program.
History: L. 2006, ch. 208, § 8; July 1.
(a) This section shall be known and may be cited as Simon's law.
(b) A do-not-resuscitate order or similar physician's order shall not be instituted, either orally or in writing, unless at least one parent or legal guardian of a patient or resident who is an unemancipated minor or prospective patient or resident who is an unemancipated minor has first been informed of the physician's intent to institute such an order and a reasonable attempt has been made to inform the other parent if the other parent is reasonably available and has custodial or visitation rights. Such information must be provided both orally and in writing unless, in reasonable medical judgment, the urgency of the decision requires reliance on only providing the information orally. The provision of such information must be contemporaneously recorded in the patient's medical record, specifying by whom and to whom the information was given, the date and time of its provision, and whether it was provided in writing as well. When only one parent has been informed, the nature of reasonable attempts to inform the other parent or the reason why such attempts were not made must also be contemporaneously recorded in the patient's medical record.
(c) Either parent of an unemancipated minor or the unemancipated minor's guardian may refuse consent for a do-not-resuscitate order or similar physician's order for the unemancipated minor, either in writing or orally. Any such refusal of consent must be contemporaneously recorded in the patient's medical record. No do-not-resuscitate order or similar physician's order shall be instituted either orally or in writing if there has been such a refusal of consent except in accordance with a court order issued pursuant to subsection (d).
(d) If the parents of a minor patient are unable to agree on whether to institute or revoke a do-not-resuscitate order or similar physician's order, either parent may institute a proceeding under subsection (e) to resolve the conflict based on a presumption in favor of the provision of cardio-pulmonary resuscitation. Pending the final determination of such proceedings, including any appeals, a do-not-resuscitate order or similar physician's order shall not be implemented.
(e) A parent or guardian may petition a district court of the county in which the patient resides or in which the patient is receiving treatment for an order enjoining a violation or threatened violation of this section or to resolve a conflict. Upon receiving such a petition, the district court shall issue an order fixing the date, time and place of a hearing on the petition and order that notice of the hearing shall be given to such persons as the court shall direct. A preliminary hearing may be held without notice if the court determines that holding that hearing without notice is necessary to prevent imminent danger to the child's life. In the court's discretion, a hearing may be conducted in a courtroom, a treatment facility or at some other suitable place.
(f) Upon the request of a patient or resident or a prospective patient or resident, a healthcare facility, nursing home or physician shall disclose in writing any policies relating to a patient or resident or the services a patient or resident may receive involving resuscitation or life-sustaining measures, including any policies related to treatments deemed non-beneficial, ineffective, futile or inappropriate, within the healthcare facility or agency. Nothing in this section shall require a healthcare facility, nursing home or physician to have a written policy relating to or involving resuscitation, life-sustaining or non-beneficial treatment for unemancipated minor patients or adult patients, residents or wards.
(g) Nothing in this section may be construed to alter or supersede the provisions of K.S.A. 65-2891, and amendments thereto, relating to emergency care by health care providers.
History: L. 2017, ch. 30, § 1; July 1.
History: L. 2017, ch. 102, § 1; Expired, June 30, 2019.
(a) A person having legal custody of a minor may settle or compromise and enter into a settlement agreement with a person against whom the minor has a claim or from whom the minor is to receive proceeds from the sale of real estate, for the settlement of any estate or from any other source if:
(1) A guardian or conservator has not been appointed for the minor;
(2) the total amount of the settlement proceeds due to the minor, after reduction from the total settlement amount of all medical expenses, medical liens, all other liens and reasonable attorney fees and costs, is $25,000 or less if paid in cash, by draft or check, by direct deposit or by the purchase of a premium for an annuity;
(3) the moneys payable under the settlement agreement will be paid as provided in subsections (c) and (d); and
(4) the person entering into the settlement agreement on behalf of the minor completes an affidavit or verified statement that attests that the person:
(A) Has made a reasonable inquiry and that to the best of the person's knowledge:
(i) The minor will be fully compensated by the settlement; or
(ii) there is no practical way to obtain additional amounts from the party or parties entering into the settlement agreement with the minor; and
(B) understands and acknowledges that such person is obligated by law to deposit the settlement directly into a restricted savings or other restricted investment account or purchase an annuity as provided in subsection (c).
(b) The attorney representing the person entering into the settlement agreement on behalf of the minor, if any, shall maintain the affidavit or verified statement completed under subsection (a)(4) in the attorney's file for a period of five years.
(c) The moneys payable under the settlement agreement shall be paid as follows:
(1) If the minor or person entering into the settlement agreement on behalf of the minor is represented by an attorney and the settlement is paid in cash, by draft or check or by direct deposit into the attorney's trust account maintained in compliance with supreme court rules to be held for the benefit of the minor, the attorney shall:
(A) Timely deposit the moneys received on behalf of the minor directly into a restricted savings or other restricted investment account that only allows withdrawals from the account under the circumstances specified in subsection (d); or
(B) purchase an annuity by direct payment to the issuer of the annuity with the minor designated as the sole beneficiary of the annuity.
(2) If the minor or person entering into the settlement agreement on behalf of the minor is not represented by an attorney and the settlement is paid by check, draft or direct deposit, the minor or person entering into the settlement agreement on behalf of the minor shall provide the person or entity with whom the minor has settled the claim with the information sufficient to draw a check or draft made payable, or complete an electronic transfer of settlement funds:
(A) Into a restricted savings or other restricted investment account that only allows withdrawals from the account under the circumstances specified in subsection (d); or
(B) to purchase an annuity by direct payment to the issuer of the annuity with the minor designated as the sole beneficiary of the annuity.
(3) If the minor is under the care, custody and control of the state, the secretary for children and families shall establish a restricted trust account or subaccount of a trust account that earns interest for the benefit of the minor for the purpose of receiving moneys payable to the minor under the settlement agreement. If the settlement is paid:
(A) In cash or by draft or check, the moneys received on behalf of the minor shall be timely deposited into the account established under this paragraph and notice of the deposit to the minor and the person entering into the settlement agreement on behalf of the minor shall be delivered by personal service or first-class mail;
(B) by direct deposit, the minor, the person entering into the settlement on behalf of the minor or the department, shall provide the person or entity with whom the minor has settled the claim with the information sufficient to complete an electronic transfer of settlement funds into the account established under this paragraph and notice of the deposit to the minor and the person entering into the settlement agreement on behalf of the minor shall be delivered by personal service or first-class mail; or
(C) through the purchase of an annuity, direct payment shall be made to the issuer of the annuity with the minor designated as the sole beneficiary of the annuity.
(d) (1) The moneys in the minor's restricted savings or other restricted investment account, trust account or trust subaccount established under subsection (c) may not be withdrawn, removed, paid out or transferred to any person, including the minor, except as follows:
(A) Pursuant to court order;
(B) upon the minor attaining the age of majority or being otherwise emancipated; or
(C) upon the minor's death.
(2) Upon the minor's or account holder's death, the balance of such account shall be paid to the payable on death beneficiary in accordance with K.S.A. 9-1215, and amendments thereto, or, in the absence of a named payable on death beneficiary, in accordance with the provisions of the Kansas probate code.
(e) A signed settlement agreement entered into on behalf of the minor in compliance with subsection (a) is binding on the minor without the need for court approval or review, has the same force and effect as if the minor were a competent adult entering into the settlement agreement, shall serve to fully release all claims of the minor encompassed by the settlement agreement and may be relied on by a financial institution or other entity, in lieu of a court order, when opening a restricted savings or other restricted investment account or purchasing an annuity on behalf of a minor pursuant to this section.
(f) (1) Any person or entity against whom a minor has a claim that settles the claim with the minor in good faith under this section shall not be liable to the minor for any claims arising from the settlement of the claim.
(2) An insurer who in good faith transfers funds into a restricted savings or other restricted investment account or to purchase an annuity at the direction of the minor or the minor's representatives who entered into a settlement agreement shall not be liable to the minor or the minor's representatives for any claims arising from the use of such funds after the transfer is completed.
(3) A financial institution who in good faith opens a restricted savings or other restricted investment account at the direction of the minor or the minor's representatives who entered into a settlement agreement shall not be liable to the minor or the minor's representatives for any claims arising from the use of such funds.
(g) Nothing in this section shall prevent any person acting on behalf of the minor from filing for guardianship, limited guardianship or conservatorship in an appropriate district court and requesting the district court to approve the settlement on behalf of the minor and oversee the settlement proceeds.
(h) Nothing in this section shall prevent the minor or any person acting on behalf of the minor from filing in an appropriate district court and requesting the district court to approve the settlement agreement, the affidavit or verified statement of the person entering into the settlement agreement, the terms and disposition of the settlement proceeds or any other matter or agreement relating to or arising from the claims encompassed by the settlement agreement. The district court shall award any docket fees required to file the action to the minor or person acting on behalf of the minor.
History: L. 2023, ch. 65, § 1; July 1.
History: G.S. 1868, ch. 46, § 1; R.S. 1923, 38-201; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 2; R.S. 1923, 38-202; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 3; R.S. 1923, 38-203; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 4; R.S. 1923, 38-204; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 5; R.S. 1923, 38-205; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 6; R.S. 1923, 38-206; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 7; L. 1911, ch. 200, § 1; R.S. 1923, 38-207; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 8; R.S. 1923, 38-208; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 9; R.S. 1923, 38-209; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 10; R.S. 1923, 38-210; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1874, ch. 78, § 1; L. 1875, ch. 102, § 1; L. 1915, ch. 247, § 1; R.S. 1923, 38-211; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 12; L. 1911, ch. 200, § 2; R.S. 1923, 38-212; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1875, ch. 102, § 2; R.S. 1923, 38-213; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1874, ch. 78, § 2; R.S. 1923, 38-214; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 13; R.S. 1923, 38-215; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 14; R.S. 1923, 38-216; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 15; R.S. 1923, 38-217; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 16; R.S. 1923, 38-218; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 17; R.S. 1923, 38-219; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 18; L. 1883, ch. 116, § 1; R.S. 1923, 38-220; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 19; R.S. 1923, 38-221; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 20; R.S. 1923, 38-222; L. 1931, ch. 195, § 1; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 21; R.S. 1923, 38-223; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 22; R.S. 1923, 38-224; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 23; R.S. 1923, 38-225; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 24; R.S. 1923, 38-226; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 25; R.S. 1923, 38-227; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 46, § 26; R.S. 1923, 38-228; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1885, ch. 128, § 1; R.S. 1923, 38-229; Repealed, L. 1939, ch. 180, § 280; July 1.
History: R.S. 1923, 38-230; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1885, ch. 128, § 3; R.S. 1923, 38-231; L. 1927, ch. 225, § 1; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1899, ch. 144, § 1; R.S. 1923, 38-232; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1885, ch. 128, § 2; L. 1903, ch. 328, § 1; R.S. 1923, 38-233; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1903, ch. 328, § 2; R.S. 1923, 38-234; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1935, ch. 186, § 1; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1935, ch. 186, § 2; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1935, ch. 186, § 3; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1901, ch. 106, § 1; R.S. 1923, 38-301; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1901, ch. 106, §§ 2, 3; R.S. 1923, 38-302, 38-303; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1901, ch. 106, § 4; R.S. 1923, 38-304; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1901, ch. 106, § 5; R.S. 1923, 38-305; Repealed, L. 1957, ch. 256, § 39; July 1.
No parent or guardian or other person who by instrument of writing surrenders or has heretofore surrendered the custody of a child to any children's aid society, or institution shall thereafter, contrary to the terms of such instruments, be entitled to the custody of or any control or authority over or any right to interfere with any such child, and these same conditions shall prevail where a child is or has been delivered to such children's aid society or institution by action of any proper court.
History: L. 1901, ch. 106, § 6; March 15; R.S. 1923, 38-306.
History: L. 1901, ch. 106, § 7; R.S. 1923, 38-307; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1901, ch. 106, § 8; R.S. 1923, 38-308; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1901, ch. 106, §§ 9; 10; R.S. 1923, 38-309, 38-310; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1901, ch. 106, § 11; R.S. 1923, 38-311; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1901, ch. 106, § 12; R.S. 1923, 38-312; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1901, ch. 106, § 13; R.S. 1923, 38-313; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1901, ch. 106, § 14; R.S. 1923, 38-314; Repealed, L. 1957, ch. 256, § 39; July 1.
No association which is incorporated under the laws of any other state than the state of Kansas shall place any child in any family home within the boundaries of the state of Kansas, either with or without indenture or for adoption, unless the said association shall have furnished the board of administration* with such guaranty as they may require that no child will be brought into the state of Kansas by such society or its agents having any contagious or incurable disease, or having any deformity, or being of feeble mind or vicious character, and that said association will receive and remove from the state any child brought into the state of Kansas by its agent which shall become a public charge within the period of five years after being brought into the state. Any person who shall receive to be placed in a home, or shall place in a home, any child in behalf of any association incorporated in any other state than the state of Kansas which shall not have complied with the requirements of this act shall be imprisoned in the county jail not more than thirty days, or fined not less than five dollars or more than one hundred dollars, or both, in the discretion of the court.
History: L. 1901, ch. 106, § 15; March 15; R.S. 1923, 38-315.
History: L. 1901, ch. 106, §§ 16, 17; R.S. 1923, 38-316, 38-317; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1901, ch. 106, Appendix; R.S. 1923, 38-318; Repealed, L. 1957, ch. 256, § 39; July 1.
It is hereby declared to be the policy of this state to identify and encourage the adoption of certain hard-to-place children now living in or likely to be placed in foster homes or institutions, and to secure for such children the benefits and security of permanent homes in which such children can receive continuous parental care, guidance, protection and love, and to reduce the number of such children who must be placed or remain in foster homes or institutions until they become adults. It is further declared to be the policy of this state to secure the right of such children to a stable and permanent family life by insuring that no child need be deprived of such care by a family otherwise qualified to adopt. It is further declared to be the policy of this state to reduce the total cost to the state of foster home and institutional care by means of the program of adoption support authorized in this act.
History: L. 1972, ch. 162, § 1; July 1.
As used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein:
(a) "Department" means the Kansas department for children and families or any division thereof.
(b) "Secretary" means the secretary for children and families or the secretary's designee.
History: L. 1972, ch. 162, § 2; L. 1974, ch. 175, § 1; L. 2014, ch. 115, § 52; July 1.
The secretary is hereby authorized and directed to adopt such rules and regulations as may be necessary to assist in the administration of the program of adoption support authorized by this act. The regulations adopted pursuant to this act also shall provide for the periodic review of the amount and continued eligibility for such adoption support sufficient to protect the interest of the child, the family and the public, and shall provide for appeal procedures.
History: L. 1972, ch. 162, § 3; L. 1974, ch. 175, § 2; July 1.
Before a child may become eligible for adoption support under this act, it shall be necessary that:
(a) The child shall be or have been a child hard to place in adoption due to attitudes of society toward his: Age; racial or ethnic background; mental, emotional or physical handicap; or membership in a sibling group; and
(b) The child shall have resided in a foster home or child-care institution or, in the judgment of the secretary, is both eligible for, and likely to be placed in, either a foster home or institution.
History: L. 1972, ch. 162, § 4; L. 1974, ch. 175, § 3; July 1.
Adoption support under this act shall not continue: (a) Beyond the time that the adopted child reaches eighteen (18) years of age, unless such adopted person is participating in an educational or training program approved by the secretary, in which case adoption support under this act shall continue until such adopted person becomes twenty-one (21) years of age or until such adopted person ceases participation in an educational or training program approved by the secretary, whichever occurs first; or (b) beyond the time that the adopted child becomes emancipated, dies or otherwise ceases to need support.
History: L. 1972, ch. 162, § 5; L. 1979, ch. 121, § 1; July 1.
A prospective parent seeking adoption support hereunder shall be a person who has the character, judgment, sense of responsibility and disposition which makes him or her suitable as an adoptive parent under the provisions of K.S.A. 59-2101 et seq., and who lacks the financial means fully to care for such child. Factors to be considered by the secretary in setting the amount of any payment or payments to be made pursuant to this act shall include: The size of the family, including the adoptive child; the usual living expenses of the family; the special needs of any family members; and the family income. Whenever it appears to the secretary that the adoptive parents are no longer in need of adoption support, such support shall be terminated.
History: L. 1972, ch. 162, § 6; L. 1974, ch. 175, § 4; July 1.
Within the limits of appropriations made for the care of children in foster homes and child-care institutions, the secretary is hereby authorized to make funds available to carry out the provisions of this act and, for such purposes, to contract with any public agency or licensed child placement agency or adoptive parent. The secretary is authorized further to accept funds from other sources including federal, private and other public funding sources to carry out the purposes of this act. Payments may be continuing or lump sum payments of adoptive support. In lieu of or in addition to continuing payments, the secretary may make one or more specific lump sum payments for or on behalf of the child, either to the adoptive parent or directly to other persons to assist in correcting any condition causing such child to be hard to place for adoption.
History: L. 1972, ch. 162, § 7; L. 1974, ch. 175, § 5; July 1.
In no event shall adoption support under this act exceed the usual cost to the department for the monthly cost of care in a foster home, including medical services and other special grants as determined by the secretary.
History: L. 1972, ch. 162, § 8; L. 1974, ch. 175, § 6; July 1.
Any child placing agency having a child in foster care or institutional care may recommend to the secretary support of the adoption of such child and may include in its recommendation any other information likely to assist the secretary in carrying out the functions vested in him by this act. Such agency may be retained by the secretary to make the required replacement study or supervision of the prospective adoptive home.
History: L. 1972, ch. 162, § 9; L. 1974, ch. 175, § 7; July 1.
The district court may waive the court costs and other related costs for any adoptions under the provisions of this act.
History: L. 1972, ch. 162, § 10; L. 1976, ch. 145, § 162; January 10, 1977.
This act shall be known and may be cited as the "adoption support act of 1972."
History: L. 1972, ch. 162, § 11; July 1.
(a) It is hereby found and declared that: (1) Adoptive families of special needs children who move to other states often have difficulty in obtaining medical services due to reluctance by medical providers to accept Kansas medical cards; (2) as a consequence, adoptive placements for special needs children have been disrupted in the past due to the inability to receive medical services in the state of residence; and (3) the best interests of special needs children and their adoptive families who move to other states would be served by assuring a continuation of adoption assistance as long as there is a need and by providing a mechanism through which medical services can be provided in the state of residence.
(b) It shall, therefore, be the policy of this state, in adopting the interstate compact on adoption and medical assistance, to cooperate fully with other states in providing for continuing adoption assistance and medical services for special needs children who move.
History: L. 1985, ch. 141, § 1; July 1.
The interstate compact on adoption and medical assistance is hereby enacted into law and entered into by this state with any other state or states legally joining therein in the form substantially as follows:
INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE
The contracting states solemnly agree that:
ARTICLE I. FINDINGS
The party states find that:
(a) In order to obtain adoptive families for children with special needs, prospective adoptive parents must be assured of substantial assistance (usually on a continuing basis) in meeting the high costs of supporting and providing for the special needs and services required by such children.
(b) The states have a fundamental interest in promoting adoption for children with special needs because the care, emotional stability and general support and encouragement required by such children to surmount their physical, mental or emotional conditions can be best, and often only, obtained in family homes with a normal parent-child relationship.
(c) The states obtain advantages from providing adoption assistance because the customary alternative is for the state to defray the entire cost of meeting all the needs of such children.
(d) The special needs involved are for the emotional, physical maintenance of the child, and medical support and services.
(e) The necessary assurances of adoption assistance for children with special needs, in those instances where children and adoptive parents are in states other than the one undertaking to provide the assistance, is to establish and maintain suitable substantive guarantees and workable procedures for interstate payments to assist with the necessary child maintenance, procurement of services and medical assistance.
ARTICLE II. PURPOSES
The purposes of this compact are to:
(a) Strengthen protections for the interests of the children with special needs on behalf of whom adoption assistance is committed to be paid, when such children are in or move to states other than the one committed to make adoption assistance payments.
(b) Provide substantive assurances and procedures which will promote the delivery of medical and other services on an interstate basis to children through programs of adoption assistance established by the laws of the party states.
ARTICLE III. DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
(a) "Child with special needs" means a minor who has not yet attained the age at which the state normally discontinues children's services or 21, where the state determines that the child's mental or physical handicaps warrant the continuation of assistance, for whom the state has determined the following:
(1) That the child cannot or should not be returned to the home of such child's parents;
(2) that there exists with respect to the child a specific factor or condition (such as ethnic background, age or membership in a minority or sibling group, or the presence of factors such as medical condition or physical, mental or emotional handicaps) because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance;
(3) that, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance payments.
(b) "Adoption assistance" means the payment or payments for maintenance of a child, which payment or payments are made or committed to be made pursuant to the adoption assistance program established by the laws of a party state.
(c) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands or a territory or possession of the United States.
(d) "Adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.
(e) "Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.
(f) "Parents" means the singular or plural of the word "parent."
ARTICLE IV. ADOPTION ASSISTANCE
(a) Each state shall determine the amounts of adoption assistance and other aid which it will give to children with special needs and their adoptive parents in accordance with its own laws and programs. The adoption assistance and other aid may be made subject to periodic reevaluation of eligibility by the adoption assistance state in accordance with its laws. The provisions of this article and of article V are subject to the limitation set forth in this paragraph.
(b) The adoption assistance and medical assistance services and benefits to which this compact applies are those provided to children with special needs and their adoptive parents from the time of the final decree of adoption or the interlocutory decree of adoption, as the case may be, pursuant to the laws of the adoption assistance state. In addition to the content required by subsequent provisions of this article for adoption assistance agreements, each such agreement shall state whether the initial adoption assistance period thereunder begins with the final or interlocutory decree of adoption. Aid provided by party states to children with special needs during the preadoptive placement period or earlier shall be under the foster care or other programs of the states and, except as provided in paragraph (c) of this article, shall not be governed by the provisions of this compact.
(c) Every case of adoption assistance shall include an adoption assistance agreement between the adoptive parents and the agency of the state undertaking to provide the adoption assistance. Every such agreement shall contain provisions for the fixing of actual or potential interstate aspects of the adoption assistance, as follows:
(1) An express commitment that the adoption assistance shall be payable without regard for the state of residence of the adoptive parents, both at the outset of the agreement period and at all times during its continuance.
(2) A provision setting forth with particularity the types of child care and services toward which the adoption assistance state will make payments.
(3) A commitment to make medical assistance available to the child in accordance with article V of this compact.
(4) An express declaration that the agreement is for the benefit of the child, the adoptive parents and the state and that it is enforceable by any or all of them.
(d) Any services or benefits provided by the residence state and the adoption assistance state for a child may be facilitated by the party states on each other's behalf. To this end, the personnel of the child welfare agencies of the party states will assist each other and beneficiaries of adoption assistance agreements with other party states in implementing benefits expressly included in adoption assistance agreements. However, it is recognized and agreed that in general children to whom adoption assistance agreements apply are eligible for benefits under the child welfare, education, rehabilitation, mental health and other programs of their state of residence on the same basis as other resident children.
(e) Adoption assistance payments, when made on behalf of a child in another state, shall be made on the same basis and in the same amounts as they would be made if the child were in the state making the payments.
ARTICLE V. MEDICAL ASSISTANCE
(a) Children for whom a party state is committed in accordance with the terms of an adoption assistance agreement to make adoption assistance payments are eligible for medical assistance during the entire period for which such payments are to be provided. Upon application therefor, the adoptive parents of a child on whose behalf a party state's duly constituted authorities have entered into an adoption assistance agreement, the adoptive parents shall receive a medical assistance identification made out in the child's name. The identification shall be issued by the medical assistance program of the residence state and shall entitle the child to the same benefits, pursuant to the same procedures, as any other child who is a resident of the state and covered by medical assistance, whether or not the adoptive parents are eligible for medical assistance.
(b) The identification shall bear no indication that an adoption assistance agreement with another state is the basis for issuance. However, if the identification is issued on account of an outstanding adoption assistance agreement to which another state is a signatory, the records of the issuing state and the adoption assistance state shall show the fact, shall contain a copy of the adoption assistance agreement and any amendment or replacement therefor, and all other pertinent information. The adoption assistance and medical assistance programs of the adoption assistance state shall be notified of the identification issuance.
(c) A state which has issued a medical assistance identification pursuant to this compact, which identification is valid and currently in force, shall accept, process and pay medical assistance claims thereon as on any other medical assistance eligibilities of residents.
(d) An adoption assistance state which provides medical services or benefits to children covered by its adoption assistance agreements, which services or benefits are not provided for those children under the medical assistance program of the residence state, may enter into cooperative arrangements with the residence state to facilitate the delivery and administration of such services and benefits. However, any such arrangements shall not be inconsistent with this compact nor shall they relieve the residence state of any obligation to provide medical assistance in accordance with its laws and this compact.
(e) A child whose residence is changed from one party to another party state shall be eligible for medical assistance under the medical assistance program of the new state of residence.
ARTICLE VI. JOINDER AND WITHDRAWAL
(a) This compact shall be open to joinder by any state. It shall enter into force as to a state when its duly constituted and empowered authority has executed it.
(b) In order that the provisions of this compact may be accessible to and known by the general public and so that its status as law in each of the party states may be fully implemented, the full text of the compact, together with a notice of its execution, shall be caused to be published by the authority which has executed it in each party state. Copies of the compact shall be made available upon request made of the executing authority in any state.
(c) Withdrawal from this compact shall be by written notice sent by the authority which executed it to the appropriate officials of all other party states, but no such notice shall take effect until one year after it is given in accordance with the requirements of this paragraph.
(d) All adoption assistance agreements outstanding and to which a party state is signatory at the time when its withdrawal from this compact takes effect shall continue to have the effects given to them pursuant to this compact, until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreements involved shall continue to have all rights and obligations conferred or imposed by this compact and the withdrawing state shall continue to administer the compact to the extent necessary to accord and implement fully the rights and protections preserved hereby.
History: L. 1985, ch. 141, § 2; July 1.
Pursuant to the compact, the governor may designate an officer who shall be the compact administrator and who, acting jointly with similar officers of other party states, shall adopt rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall serve subject to the pleasure of the governor. The compact administrator shall cooperate with all departments, agencies and officers of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state hereunder.
History: L. 1985, ch. 141, § 3; July 1.
The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to the compact. If a supplementary agreement requires or contemplates the use of any institution or facility of this state or requires or contemplates the provision of any service by this state, the supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.
History: L. 1985, ch. 141, § 4; July 1.
The compact administrator, subject to the approval of the director of accounts and reports, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into under the compact.
History: L. 1985, ch. 141, § 5; July 1.
The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.
History: L. 1985, ch. 141, § 6; July 1.
History: L. 1905, ch. 190, § 1; L. 1917, ch. 154, § 1; R.S. 1923, 38-401; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 2; R.S. 1923, 38-402; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 3; R.S. 1923, 38-403; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 4; R.S. 1923, 38-404; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 5; R.S. 1923, 38-405; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1943, ch. 177, § 2; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 6; R.S. 1923, 38-406; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 7; R.S. 1923, 38-407; L. 1943, ch. 177, § 1; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 8; R.S. 1923, 38-408; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 9; R.S. 1923, 38-409; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 10; R.S. 1923, 38-410; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 11; R.S. 1923, 38-411; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 12; R.S. 1923, 38-412; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 13; R.S. 1923, 38-413; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 14; R.S. 1923, 38-414; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1905, ch. 190, § 15; R.S. 1923, 38-415; Repealed, L. 1957, ch. 256, § 39; July 1.
History: R.S. 1923, 38-416; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1907, ch. 177, § 2; R.S. 1923, 38-417; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1907, ch. 177, §§ 3 to 5; R.S. 1923, 38-418 to 38-420; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1907, ch. 177, § 6; R.S. 1923, 38-421; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1907, ch. 177, § 11; R.S. 1923, 38-422; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1907, ch. 177, § 12; R.S. 1923, 38-423; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1907, ch. 177, § 13; R.S. 1923, 38-424; L. 1927, ch. 226, § 1; L. 1947, ch. 264, § 1; L. 1951, ch. 286, § 1; L. 1959, ch. 197, § 1; Repealed, L. 1961, ch. 227, § 1; June 30.
History: L. 1907, ch. 177, § 14; R.S. 1923, 38-425; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1907, ch. 177, § 15; R.S. 1923, 38-426; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1907, ch. 177, § 16; R.S. 1923, 38-427; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1911, ch. 236, § 1; R.S. 1923, 38-428; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1911, ch. 236, § 2; R.S. 1923, 38-429; Repealed, L. 1957, ch. 256, § 39; July 1.
History: L. 1929, ch. 154, § 1; Repealed, L. 1970, ch. 161, § 1; July 1.
History: L. 1929, ch. 154, § 2; L. 1953, ch. 219, § 1; Repealed, L. 1970, ch. 161, § 1; July 1.
History: L. 1929, ch. 154, § 3; Repealed, L. 1970, ch. 161, § 1; July 1.
(a) The county commissioners of any county having a population of more than 20,000 may provide a detention home or juvenile farm for the purpose of caring for children who are under 18 years of age and who are delinquent, miscreant, juvenile offenders, wayward, deprived or children in need of care.
(b) Upon presentation to the board of county commissioners of any county of this state of a petition signed by at least 15% of the voters of the county, the board shall call an election to be held at the date of the next general election and shall submit at such election the question of establishing a detention home or juvenile farm. The question shall appear upon the ballot as follows:
For the detention home (or juvenile farm) ........................... ☐
Against the detention home (or juvenile farm) .................... ☐
If a majority of the votes cast for and against such proposition shall be in favor of such establishment, the board of county commissioners shall proceed to establish the same as herein provided.
(c) In the establishment of a detention home or juvenile farm or in any home or farm previously established, the commissioners shall provide separate quarters for those children who are delinquent, miscreant or juvenile offenders and those children who are wayward, deprived or children in need of care. Until a properly equipped juvenile farm has been provided, the county commissioners may lease or rent a suitable building or part thereof, for a term not to exceed five years, to be used for those purposes.
History: L. 1907, ch. 177, § 7; L. 1923, ch. 108, § 1; R.S. 1923, 38-501; L. 1976, ch. 145, § 163; L. 1983, ch. 140, § 8; July 1.
The detention home shall be in the charge of a person or persons who shall be under the supervision of the judge of the district court. The inmates of the detention home shall be controlled as far as possible through parental care. The children shall be placed in the public schools if possible, or the commissioners may provide for separate instruction within the home. The detention home is to supplement the work of the district court and to be used instead of any jail or prison, but it shall be the policy of the judge of the district court, court services officer and the person or persons in charge of the detention home to make the detention home a temporary home and as soon as possible to provide for the return of the inmates of the home to their biological parents, adoptive parents or legal guardians.
History: L. 1907, ch. 177, § 8; R.S. 1923, 38-502; L. 1975, ch. 52, § 12; L. 1976, ch. 145, § 164; L. 1984, ch. 112, § 11; July 1.
It shall be the duty of the matron or superintendent of the detention home to keep a complete record of all inmates of the home, including age, sex, time of admission, and time of discharge, conduct and character, state of health at time of admission and dismissal, and shall make a monthly report to the judge of the district court on a blank provided for the same.
History: L. 1907, ch. 177, § 9; R.S. 1923, 38-503; L. 1976, ch. 145, § 165; January 10, 1977.
For the support and maintenance of the detention home or juvenile farm and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, the county commissioners shall make an estimate of the cost and levy a tax, as in the case of providing for other expenses of the county, and all expenses of the said detention home or juvenile farm shall be accorded as a part of the expenses of the said district court of the said county. The salary of the matron or superintendent shall be fixed by the county commissioners, and warrants shall be drawn for the payment of said salary and all other bills regularly allowed by the said commissioners on account of said expenses for the maintenance of said detention home or juvenile farm.
History: L. 1907, ch. 177, § 10; R.S. 1923, 38-504; L. 1976, ch. 145, § 166; L. 1979, ch. 52, § 142; July 1.
In every county having a city whose population is not less than 53,000, the board of county commissioners may by unanimous vote, and shall upon petition of 30% of the electors of the county, procure the necessary ground and erect and maintain suitable buildings for a parental home for children within the county who are homeless, deprived, wayward, miscreant, delinquent, children in need of care or juvenile offenders.
History: L. 1915, ch. 276, § 1; L. 1919, ch. 211, § 1; R.S. 1923, 38-505; L. 1982, ch. 182, § 127; January 1, 1983.
Any child who is homeless, deprived, wayward, miscreant, delinquent, a child in need of care or a juvenile offender may be kept at the home provided for by this act, upon order of the judge of the district court.
History: L. 1915, ch. 276, § 2; R.S. 1923, 38-506; L. 1976, ch. 145, § 167; L. 1983, ch. 140, § 9; July 1.
For the purchase of the necessary ground and the erection of a suitable building or buildings for the purposes herein provided for and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, the board of county commissioners may, by unanimous vote, levy a tax on all taxable tangible property of the county and also may, by unanimous vote, levy an annual tax for the support and maintenance of such home and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, which taxes shall be levied and collected as in case of providing for other expenses of the county.
History: L. 1915, ch. 276, § 3; R.S. 1923, 38-507; L. 1970, ch. 100, § 32; L. 1975, ch. 162, § 28; L. 1979, ch. 52, § 143; July 1.
The home herein provided for shall be in the charge of a person or persons to be selected by the judge of the district court. Such managers shall receive and have the advisory assistance of a board consisting of five (5) residents of such county who shall be named by the board of county commissioners, two (2) whose terms shall be for four (4) years, one whose term shall be for three (3) years, one whose term shall be for two (2) years, and one for one year, and upon the expiration of such terms appointments shall be made for four (4) years, and such advisory board shall at all times have access to the home and every department thereof and shall be entitled to familiarity with every detail in its management.
History: L. 1915, ch. 276, § 4; R.S. 1923, 38-508; L. 1975, ch. 52, § 13; L. 1976, ch 145, § 168; January 10, 1977.
The home herein provided for shall be under the supervision of the board of county commissioners except as otherwise provided for in the provision of chapter 177*, Session Laws of 1907, entitled, "An act amendatory of and supplemental to chapter 190** of the Laws of 1905 entitled 'An act to establish a juvenile court and to provide for dependent and neglected children,' and chapter 190** of the laws of 1905."
History: L. 1915, ch. 276, § 5; April 10; R.S. 1923, 38-509.
The members of the advisory board shall receive no compensation. The salaries of the managers in charge shall be fixed by the board of county commissioners and warrants shall be drawn for the payment of such salaries and all other bills regularly allowed by said board of county commissioners, on account of expenses incurred for the maintenance of said home.
History: L. 1915, ch. 276, § 6; April 10; R.S. 1923, 38-510.
In every county containing a city the population of which is not less than 70,000, the board of county commissioners may, as hereinafter provided, procure the necessary ground within the county and erect and maintain suitable buildings and improvements for a juvenile farm for boys under 16 years of age who are deprived, wayward, miscreant, delinquent, children in need of care or juvenile offenders.
History: L. 1923, ch. 114, § 1; R.S. 1923, 38-511; L. 1982, ch. 182, § 128; January 1, 1983.
In any such county the board of county commissioners shall upon presentation of a petition signed by electors of said county, equal to ten percent of the vote cast for secretary of state at the last preceding general election, submit to a vote of the people the question of the purchase of the necessary ground in said county and the establishment thereon of a juvenile farm for boys. Said question may be submitted at a special election called for that purpose, or at a general election, but said special election may be held at the same time as the city election, in which event a special ballot upon such question shall be provided for the voters at such election. Such question shall appear upon the ballot as follows:
For the "detention home" or juvenile farm ................................... ☐
Against the "detention home" or juvenile farm ............................ ☐
And if a majority of the votes cast for and against such proposition shall be in favor of such establishment, the board of county commissioners shall proceed to establish and maintain the same as herein provided. In like manner a detention home or juvenile farm for girls may be provided in any county containing a city the population of which is not less than 70,000; but propositions for the establishment of more than one home may not be submitted at the same election.
History: L. 1923, ch. 114, § 2; March 8; R.S. 1923, 38-512.
For the purchase, improvement, support and maintenance of such juvenile farm, or farms and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, the county commissioners shall make an estimate of the cost and levy a tax as in the case of providing for other expenses of the county, upon all taxable tangible property of said county.
History: L. 1923, ch. 114, § 3; R.S. 1923, 38-513; L. 1970, ch. 100, § 33; L. 1975, ch. 162, § 29; L. 1979, ch. 52, § 144; July 1.
Any boy or girl over whom the judge of the district court is by law given jurisdiction and authority, may be committed to such home, in the discretion of said court.
History: L. 1923, ch. 114, § 4; R.S. 1923, 38-514; L. 1976, ch. 145, § 169; January 10, 1977.
Detention homes or juvenile farms for girls established under the provisions of K.S.A. 38-511 to 38-514, inclusive, and amendments thereto, shall be in the charge of a person or persons to be selected by the judge of the district court. Such person or persons shall receive and have the advisory assistance of a board consisting of five (5) residents of such county who shall be appointed by the board of county commissioners. Each member shall be appointed for a term of four (4) years, and such advisory board shall at all times have access to the home and each department thereof and shall be entitled to familiarity with every detail in its management. The members of such advisory board shall receive no compensation. The salary of the person or persons in charge of the home or farm shall be fixed by the board of county commissioners and warrants shall be drawn for the payment of such salary and all other bills regularly allowed by said board of county commissioners on account of the expenses incurred for the maintenance of said home.
History: L. 1929, ch. 194, § 1; L. 1975, ch. 52, § 14; L. 1976, ch. 145, § 170; January 10, 1977.
History: L. 1945, ch. 178, §§ 1 to 7; Repealed, L. 1957, ch. 257, § 1; June 29.
The board of county commissioners of any county having a population of more than 120,000 wherein territory has been designated as an urban area may acquire the necessary grounds and erect and provide for the maintenance of suitable buildings, improvements, facilities and equipment for a juvenile farm or detention home for children under the age of 18 years who are deprived, wayward, miscreant, delinquent, children in need of care or juvenile offenders. In any such county the board of county commissioners may submit the question of the establishing, improving and equipping the detention home or juvenile farm to the qualified electors of the county, at a general election or at a special election called for that purpose. Upon the presentation of a petition signed by more than 2,500 of the qualified electors of the county, as determined by the election commissioner from the poll books in the elections office, the board of county commissioners shall be required to submit the question to the voters at a general election or at a special election called for such purpose. There shall also be submitted at the same election the question of whether the funds required for the establishing, improving and equipping of such detention home or juvenile farm and grounds shall be raised by the issuance of bonds in an amount not exceeding $150,000 or by a special tax levy of one mill on each dollar of assessed taxable tangible property in the county, for a period of one year.
If a majority of those voting on such proposition vote in favor of establishing the detention home or juvenile farm and shall elect to raise the funds necessary therefor by the issuance of bonds, the county commissioners may issue general obligation bonds of the county in the sum determined necessary by the board to purchase the land and establish, improve and equip the detention home or juvenile farm and grounds, but the sum shall not exceed $150,000. The bonds shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law. The bonds shall not be subject to nor within any bonded debt limitation prescribed by the laws of the state and shall not be considered or included in applying any other law limiting bonded indebtedness.
If a majority of those voting on the proposition vote in favor of establishing the detention home or juvenile farm and grounds, and elect to raise the funds necessary therefor by a special tax levy, the county commissioners shall levy a tax upon all of the taxable tangible property in the county in the amount determined necessary to purchase the property and improve and equip the detention home or juvenile farm and grounds, but the tax so levied shall not exceed one mill on each dollar of the assessed tangible valuation in the county for one year. The tax levy herein authorized shall be in addition to all other tax levies authorized or limited by law, and shall not be subject to nor within the aggregate tax levy limits prescribed by K.S.A. 79-1947, or amendments thereto.
History: L. 1959, ch. 152, § 1; L. 1982, ch. 182, § 129; January 1, 1983.
The county may receive donations and bequests of either money or property for the purpose of establishing and maintaining such detention home or juvenile farm and grounds. The judge of the district court shall make all regulations necessary for the supervision and conducting of said detention home or juvenile farm and grounds.
History: L. 1959, ch. 152, § 2; L. 1965, ch. 276, § 1; L. 1976, ch. 145, § 171; January 10, 1977.
Any boy or girl over whom the judge of the district court is by law given jurisdiction and authority, may be committed to such home, in the discretion of said court.
History: L. 1959, ch. 152, § 3; L. 1976, ch. 145, § 172; January 10, 1977.
The detention home or district farm shall be in charge of a person or persons to be selected by the judge of the district court. The judge of the district court shall appoint two (2) members of an advisory board and the board of county commissioners by resolution shall appoint three (3) members of said advisory board which shall consist of five (5) members who shall be persons other than county commissioners and shall serve at the pleasure of the appointing authority. The advisory board shall consult with and advise the person or persons in charge of the home or farm and judge of the district court concerning the problems at the home or farm; and said judge may delegate such supervisory powers as the judge may see fit to the board, and the board is authorized to exercise the powers so delegated. The members of such advisory board shall receive no compensation. The salary of the person or persons in charge of the home or farm shall be fixed by the judge of the district court and shall be payable from funds collected for the maintenance of such home or farm.
History: L. 1959, ch. 152, § 4; L. 1965, ch. 276, § 2; L. 1975, ch. 52, § 15; L. 1976, ch. 145, § 173; January 10, 1977.
History: L. 1959, ch. 152, § 5; L. 1965, ch. 276, § 3; L. 1970, ch. 100, § 34; Repealed, L. 1972, ch. 154, § 4; March 25.
The boards of county commissioners of any two (2) or more counties jointly may provide a detention home or juvenile farm for the purpose of caring for children under eighteen (18) years of age who are in the custody of the judge of the district court; or upon presentation to the board of county commissioners of each of such counties of a petition signed by at least fifteen percent (15%) of the voters of said county as determined by the total vote cast for the office of secretary of state at the last preceding general election, said boards shall each call an election to be held at the date of the next succeeding election and shall submit at such election the question of establishing such joint detention home or juvenile farm. Such question shall appear upon the ballot as follows:
For the "detention home" (juvenile farm) .................................. ☐
Against the "detention home" (juvenile farm) ............................☐
And if a majority of the votes cast for and against such proposition in each such county shall be in favor of such establishment, the boards of county commissioners of such counties shall proceed to establish the same as herein provided. Until a properly equipped home or farm has been provided, such boards of county commissioners may lease or rent a suitable building or part thereof, for a term not to exceed five (5) years to be used for such purposes.
Control of the home or farm shall be under a board of directors composed of the judge of the district court and one county commissioner of each of the participating counties.
History: L. 1963, ch. 252, § 1; L. 1976, ch. 145, § 174; January 10, 1977.
Before the boards of county commissioners shall provide a detention home or juvenile farm as authorized by K.S.A. 38-528, said boards shall enter into an agreement for joint or co-operative action pursuant to the provisions of this act. Appropriate action by resolution by each of such boards of county commissioners shall be necessary before any such agreement may enter into force. Such agreement shall specify the following:
(a) Its duration.
(b) The precise organization, composition and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto.
(c) Its purpose or purposes.
(d) The manner of financing the joint undertaking and of establishing and maintaining a budget therefor.
(e) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination.
(f) Any other necessary and proper matters.
In the event that the agreement does not establish a separate legal entity to conduct the joint undertaking, the agreement shall, in addition to items (a), (c), (d), (e) and (f) listed above, contain the following: (1) Provision for an administrator or a joint board responsible for administering the joint undertaking; and in the case of a joint board, each county party to the agreement shall be represented; and (2) the manner of acquiring, holding and disposing of real and personal property used in the joint undertaking.
Every agreement made hereunder shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general who shall determine whether the agreement is in proper form and compatible with the laws of this state. The attorney general shall approve any agreement submitted to him hereunder unless he shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the boards of county commissioners concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure of the attorney general to disapprove an agreement submitted hereunder within ninety (90) days of its submission shall constitute approval thereof.
History: L. 1963, ch. 252, § 2; June 30.
Prior to its entry into force, an agreement made pursuant to this act shall be filed with the register of deeds of each of the counties participating in such joint undertaking and with the secretary of state.
History: L. 1963, ch. 252, § 3; June 30.
The detention home shall be in the charge of a person or persons who shall be under the supervision of the judge of the district court of the county in which the detention home is located. The inmates of the detention home shall be controlled as far as possible through parental care. The children shall be placed in the public schools if possible, or the boards of county commissioners of the counties party to the joint undertaking may provide for separate instruction within the home. The detention home shall supplement the work of the district court and shall be used instead of any jail or prison, but it shall be the policy of the judge of the district court, court services officer and the person or persons in charge of the detention home to make the detention home a temporary home and as soon as possible to provide for the return of the inmates of the home to their biological parents, adoptive parents or legal guardians.
History: L. 1963, ch. 252, § 4; L. 1975, ch. 52, § 16; L. 1976, ch. 145, § 175; L. 1984, ch. 112, § 12; July 1.
It shall be the duty of the matron or superintendent of the detention home to keep a complete record by counties of all inmates of the home, including age, sex, time of admission, and time of discharge, conduct and character, state of health at time of admission and dismissal, and shall make a monthly report to the judge of the district court of each county party to the joint undertaking and to the judge of the district court of any other county from which juveniles have been received into the home. Such monthly report shall be made on a uniform form which shall be provided by the judge of the district court of the county in which the detention home is located.
History: L. 1963, ch. 252, § 5; L. 1976, ch. 145, § 176; January 10, 1977.
For the purposes of paying its share of the cost of the purchase, improvement, support and maintenance of such detention home or juvenile farm as determined by the agreement for the joint undertaking and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, the board of county commissioners of each county party to the agreement shall levy an annual tax on all the assessed taxable tangible property of the county.
History: L. 1963, ch. 252, § 6; L. 1970, ch. 100, § 35; L. 1975, ch. 162, § 30; L. 1979, ch. 52, § 145; July 1.
The board of county commissioners of any county party to a joint undertaking as authorized by this act is hereby empowered by resolution and order of said board to submit to the qualified electors of the county at a general or special election the question of the issuance of the bonds of said county in an amount not exceeding two hundred thousand dollars ($200,000) for the purpose of providing funds for the construction, enlargement, remodeling, equipping and furnishing the said detention home or juvenile farm and the acquisition of necessary ground therefor or for any one or more of such purposes. Action by the board of county commissioners as herein authorized may be compelled by there being presented to said board a petition signed by twenty-five percent (25%) of the electors of said county as evidenced by the total vote cast in said county for secretary of state at the last preceding general election.
The board of county commissioners shall submit the question to the qualified electors of the county at the next general election to be held in the county, or if no general election shall be held within six (6) months from the date said petition is presented, then at a special election which shall be called for that purpose, if requested in the petition. On submitting any such proposition to the electors of the county at a general or special election the ballots shall have printed thereon the nature of the proposal, and if a majority of the votes cast at such general or special election, shall be in favor of the issuance of bonds for the purpose of constructing, enlarging, remodeling, equipping and furnishing the same, and the purchase of such ground as may be necessary, or for any one or more of such purposes, it shall be the duty of the board of county commissioners to take action forthwith for the issuance of such bonds: Provided, That no such bonds shall be issued until and unless the other county or counties shall likewise have authorized the issuance of bonds for such purpose or purposes in the amount agreed upon by the boards of county commissioners parties to the joint undertaking.
The question of the issuance of bonds may be submitted to the electors of the county at the same time and as a part of the submission of the question of establishing of a detention home or juvenile farm as authorized by K.S.A. 38-528. All bonds issued under the authority of this section shall be issued, sold, delivered and retired in accordance with the provisions of the general bond law.
History: L. 1963, ch. 252, § 7; June 30.
All taxes collected under the authority of this act and all the proceeds of bonds issued under the authority of this act shall be paid over to the county treasurer of the county in which such detention home or juvenile farm is located or to be located. The county treasurer of such county shall place said moneys in a special fund or funds and the same shall be disbursed for the purposes for which the taxes were levied or the bonds issued in like manner as if all of such moneys had been derived from tax levies or bonds issued by the county in which such detention home or juvenile home is located or to be located and in accordance with the agreement entered into by the participating counties.
History: L. 1963, ch. 252, § 8; June 30.
The county commissioners of each county having a population of more than one hundred thirty thousand (130,000) and less than one hundred eighty-five thousand (185,000) inhabitants in this state may provide parental, detention or juvenile homes or schools or youth centers for the purpose of caring for children under eighteen (18) years of age in the custody or under the jurisdiction of the district court.
History: L. 1967, ch. 242, § 1; L. 1976, ch. 145, § 177; January 10, 1977.
For the improvement, support, operation and maintenance of such home, school or youth center and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, the county commissioners shall levy a tax as in the case of providing for other expenses of the county on all taxable tangible property of said county.
History: L. 1967, ch. 242, § 2; L. 1970, ch. 100, § 36; L. 1975, ch. 162, § 31; L. 1979, ch. 52, § 146; July 1.
The parental detention or juvenile home or school or youth center shall be under the supervision of a superintendent or a director and other staff and employees, who shall be selected by and under the direction and supervision of the detention or parental home or youth center board of directors. The board of directors shall consist of six citizens of the county appointed and qualified as provided by this section. The judges of the district court of the county shall appoint three members of the board of directors as follows: A person expert in the care and treatment of both physical and emotional illnesses of children, a member of the board of education of the school system of the city of the first class within the county and a practicing member of the bar of the county. The board of county commissioners shall appoint three persons as follows: A person expert in law enforcement within the county; a person expert in business methods, bookkeeping, record keeping and accounting; and a representative or citizen at large. The members of the board of directors shall serve terms of three years commencing July 1 of the year of their appointment and ending at the expiration of three years unless terminated by resignation or inability to serve, the inability to be determined by the appointing authority. The board of directors shall establish program principles for the care and treatment of children committed to the center and shall generally supervise the operation of the center consistent with the revised Kansas code for care of children and the Kansas juvenile justice code and good child care principles.
History: L. 1967, ch. 242, § 3; L. 1970, ch. 162, § 1; L. 1982, ch. 182, § 130; L. 2006, ch. 200, § 92; January 1, 2007.
The county commissioners may receive donations and bequests of either money or property for the use of the parental, detention or juvenile home or school or youth center.
History: L. 1967, ch. 242, § 4; July 1.
Any boy or girl over whom the judge of the district court is by law given jurisdiction and authority, may be committed to such home in the discretion of said court.
History: L. 1967, ch. 242, § 5; L. 1976, ch. 145, § 178; January 10, 1977.
The boards of county commissioners of any two (2) or more counties jointly may provide a youth camp or home for the purpose of caring for children under eighteen (18) years of age who are in the custody of the judge of the district court or other courts of records.
Control of the youth camp or home shall be under a board of directors composed of the members of the boards of county commissioners of the participating counties and the judge of the district court of one of such counties to be selected by the county commissioner members of such board.
History: L. 1970, ch. 163, § 1; L. 1976, ch. 145, § 179; January 10, 1977.
Before the boards of county commissioners shall provide a youth camp or home as authorized by K.S.A. 38-541, said boards shall enter into an agreement for joint or co-operative action pursuant to the provisions of this act. Appropriate action by resolution by each of such boards of county commissioners shall be necessary before any such agreement may enter into force. Such agreement shall specify the following:
(a) Its duration.
(b) The precise organization, composition and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto.
(c) Its purpose or purposes.
(d) The manner of financing the joint undertaking and of establishing and maintaining a budget therefor.
(e) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination.
(f) Any other necessary and proper matters.
In the event that the agreement does not establish a separate legal entity to conduct the joint undertaking, the agreement shall, in addition to items (a), (c), (d), (e) and (f) listed above, contain the following: (1) Provision for an administrator or a joint board responsible for administering the joint undertaking; and in the case of a joint board, each county party to the agreement shall be represented; and (2) the manner of acquiring, holding and disposing of real and personal property used in the joint undertaking.
Every agreement made hereunder shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general who shall determine whether the agreement is in proper form and compatible with the laws of this state. Failure of the attorney general to disapprove an agreement submitted hereunder within ninety (90) days of its submission shall constitute approval thereof.
History: L. 1970, ch. 163, § 2; July 1.
Prior to its entry into force, an agreement made pursuant to this act shall be filed with the register of deeds of each of the counties participating in such joint undertaking and with the secretary of state.
History: L. 1970, ch. 163, § 3; July 1.
The youth camp or home shall be in charge of a superintendent who shall be under the supervision of the board of directors. The youths who are placed in the youth camp or home shall be controlled as far as possible through parental care. The youths shall be placed in the public schools if possible, or the boards of county commissioners of the counties party to the joint undertaking may provide for separate instruction within the youth camp or home. The youth camp or home shall supplement the work of the district court and may be used instead of any jail or prison, but it shall be the policy of the judge of the district court, probation officer and the superintendent of the youth camp or home to make the youth camp or home a temporary home, and as soon as possible to provide for the return of youths placed in the youth camp or home to their biological parents, adoptive parents or legal guardians.
History: L. 1970, ch. 163, § 4; L. 1976, ch. 145, § 180; L. 1984, ch. 112, § 13; July 1.
It shall be the duty of the superintendent of the youth camp or home to keep a complete record by counties of all youths placed in the youth camp or home, including age, sex, time of admission, and time of discharge, conduct and character, state of health at time of admission and dismissal, and shall make a monthly report to the judge of the district court of each county party to the joint undertaking and to the judge of any other county from which juveniles have been received into the youth camp or home. Such monthly report shall be made on a form prescribed by the board of directors.
History: L. 1970, ch. 163, § 5; L. 1976, ch. 145, § 181; January 10, 1977.
For the purposes of paying its share of the cost of the purchase, improvement, support and maintenance of such youth camp or home as determined by the agreement for the joint undertaking and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, the board of county commissioners of each county party to the agreement shall levy an annual tax on all the assessed taxable tangible property of the county, which tax in any one year shall not exceed a rate of one mill. Before any such tax shall be levied, the board of county commissioners of the county shall publish a resolution once each week for two consecutive weeks in the official newspaper of such county stating the amount of the tax proposed to be levied, the purpose for which such levy is proposed to be made and that if within thirty (30) days following the last publication of such resolution a petition signed by electors equal in number to not less than five percent (5%) of the electors of such county which voted for secretary of state at the last preceding general election shall be filed in the office of the county election officer of such county requesting an election upon the proposition to levy such tax, that no such tax shall be levied without the question of levying the same having been first submitted to and been approved by a majority of the electors of such county voting at an election called and held thereon. If a valid petition is filed within the time specified with the county election officer of the county no tax shall be levied until the question of levying the same shall have been submitted to and been approved by a majority of the electors of the county voting at an election called and held thereon. No such levies shall be made until and unless the other county or counties shall likewise have authorized the levy of taxes for such purpose or purposes in the amount agreed upon by the board of county commissioners parties to the joint undertaking. All elections called and held under the provisions of this section shall be called and held in the manner provided for the calling and holding of elections under the general bond law. One-half (½) mill of such tax levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to or within any tax levy limit or aggregate tax levy limit prescribed by article 19 of chapter 79 of the Kansas Statutes Annotated or of any other law of this state.
History: L. 1970, ch. 163, § 6; L. 1979, ch. 52, § 147; July 1.
The boards of county commissioners of counties party to a joint undertaking as authorized by this act may by resolution provide for the issuance of bonds of such counties in an amount not exceeding two hundred thousand dollars ($200,000) for the purpose of providing funds for the construction, enlargement, remodeling, equipping and furnishing of a youth camp or home and the acquisition of necessary ground therefor or for any one or more of such purposes. Resolutions authorizing the issuance of bonds under the provisions of this act shall be published in the official county papers of the counties party to such joint undertaking and shall be published once each week for two (2) consecutive weeks therein. Such resolution shall state the amount of bonds proposed to be issued, the purpose for which the proceeds shall be used and shall state that if within thirty (30) days following the last publication of such resolution a petition signed by electors equal in number to not less than five percent (5%) of the electors of such county which voted for secretary of state at the last preceding general election shall be filed in the office of the county election officer of such county requesting an election upon the proposition to issue such bonds, that no such bonds shall be issued without the question of issuing the same having been first submitted to and been approved by a majority of the electors of such county voting at the election called and held thereon. If a valid petition is filed within the time specified with the county election officer of either county no bonds shall be issued by the board of county commissioners of either county until the question of their issuance shall have been submitted to and been approved by the electors of both counties voting at elections called and held thereon. On submitting any such proposition to the electors of the county at a general or special election the ballots shall have printed thereon the nature of the proposal, and if a majority of the votes cast at such general or special election, shall be in favor of the issuance of bonds for the purpose of constructing, enlarging, remodeling, equipping and furnishing the same, and the purchase of such ground as may be necessary, or for any one or more of such purposes, the board of county commissioners shall take action for the issuance of such bonds: Provided, That no such bonds shall be issued until and unless the other county or counties shall likewise have authorized the issuance of bonds for such purpose or purposes in the amount agreed upon by the boards of county commissioners parties to the joint undertaking.
All bonds issued under the authority of this section shall be issued, sold, delivered and retired in accordance with the provisions of the general bond law.
History: L. 1970, ch. 163, § 7; July 1.
All taxes collected under the authority of this act, except for amounts to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, and all the proceeds of bonds issued under the authority of this act shall be paid over to the county treasurer of the county in which such youth camp or home is located or to be located. The county treasurer of such county shall place said moneys in a special fund or funds and the same shall be disbursed for the purposes for which the taxes were levied or the bonds issued in like manner as if all of such moneys had been derived from tax levies or bonds issued by the county in which such youth camp or home is located or to be located and in accordance with the agreement entered into by the participating counties. Such county treasurer shall execute to the state of Kansas a corporate surety bond issued by a company authorized to do business in the state of Kansas to be approved by the board of directors in an amount fixed by such board at not less than one and one-third times the maximum amount of moneys on hand at any time in such special fund. The board of directors may apply for and accept a grant, gift or aid from the state or federal government or from any private source, and if so accepted the same shall be deposited to the credit of the special fund provided for in this section.
History: L. 1970, ch. 163, § 8; L. 1979, ch. 52, § 148; July 1.
The board of directors of any youth camp or home may adopt a resolution at any time before tax moneys are available under authority of this act, and such resolution may provide for the issuance of no-fund warrants in an amount not to exceed the amount which would be produced by a one mill levy on the assessed taxable tangible property in the contracting counties. Such no-fund warrants may be issued without the approval of the state board of tax appeals, and in all other respects shall be issued in accordance to statutes related to no-fund warrants.
History: L. 1970, ch. 163, § 9; L. 2008, ch. 109, § 58; L. 2014, ch. 141, § 52; July 1.
The board of directors of any youth camp or home may contract with the board of county commissioners of any county for the payment of expenses for any youth residing in the county of such board of county commissioners, when such youth is placed in a youth camp or home. In the absence of such a contract, no youth shall be so placed unless he resides in one of the contracting counties or unless such expenses are paid by the state board of social welfare or some person or agency other than one of the contracting counties. Such expenses shall be determined by the board of the directors from time to time and shall be in an amount which is sufficient to defray all costs and expenses of the youth camp or home allocated and apportioned to such youth.
History: L. 1970, ch. 163, § 10; July 1.
History: L. 1970, ch. 163, § 11; L. 1976, ch. 145, § 182; Repealed, L. 1978, ch. 120, § 33; July 1.
History: L. 1970, ch. 163, § 12; Repealed, L. 1976, ch. 208, § 1; July 1.
As used in this act, unless the context otherwise requires:
(a) "Youth camp and home" means a parental home operated by a board of directors as provided in this act.
(b) "Youth" means child adjudicated to be a delinquent child, miscreant child, wayward child, traffic offender, truant, deprived child, child in need of care or juvenile offender.
History: L. 1970, ch. 163, § 13; L. 1982, ch. 182, § 131; January 1, 1983.
The board of county commissioners of Sedgwick county shall authorize an expenditure per annum for allowed expenses incurred in the operation of public youth residential and detention facilities.
The administration and control of such facilities shall be under the supervision of the board of county commissioners. The board of county commissioners shall set an annual budget of the costs and expenses for the purchase, improvement, operation and maintenance of the facilities and payment of salaries of staff members. The board of county commissioners shall levy a tax as in the case of providing for other expenses of the county on the assessed taxable valuation of the county for such purpose and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county.
History: L. 1970, ch. 164, § 2; L. 1972, ch. 153, § 22; L. 1973, ch. 175, § 38; L. 1974, ch. 361, § 50; L. 1975, ch. 162, § 32; L. 1976, ch. 207, § 3; L. 1979, ch. 122, § 3; L. 1979, ch. 123, § 1; L. 1986, ch. 156, § 1; July 1.
In Johnson county the operation of public youth residential facilities shall be under the supervision and control of the district court. The chief judge of the district court shall determine staff requirements and appoint and supervise staff members of such facilities in accordance with the personnel policies and compensation plan adopted by the board of county commissioners. The board of county commissioners shall set an annual budget of the costs and expenses for the purchase, improvement, operation and maintenance of such facilities and payment of salaries of staff members. The county commissioners shall levy a tax as in the case of providing for other expenses of the county on the assessed taxable valuation of such county for the purpose and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county.
History: L. 1972, ch. 165, § 2; L. 1973, ch. 185, § 1; L. 1973, ch. 175, § 39; L. 1974, ch. 361, § 51; L. 1975, ch. 162, § 33; L. 1976, ch. 207, § 4; L. 1979, ch. 122, § 4; L. 1979, ch. 123, § 2; L. 1988, ch. 136, § 1; L. 1999, ch. 57, § 43; July 1.
History: L. 1990, ch. 43, § 12; Repealed, L. 1994, ch. 351, § 6; July 1.
No child under fourteen (14) years of age shall be at any time employed at any occupation or trade in any business or service, except as provided by K.S.A. 38-614.
History: L. 1917, ch. 227, § 1; R.S. 1923, 38-601; L. 1973, ch. 183, § 1; July 1.
No child under eighteen (18) years of age shall be at any time employed in any occupation, trade or business which is in any way dangerous or injurious to the life, health, safety, morals or welfare of such minor. The state labor commissioner is hereby authorized and empowered, from time to time, to hold public hearings to determine work, trade or occupations which are within the prohibition of this section, and he shall adopt appropriate rules and regulations, after public hearings thereon, prohibiting or regulating employment of minors in any work, trade or occupation found to be dangerous or injurious to the life, health, safety, morals or welfare of minors under the age of eighteen (18) years: Provided, That no child under the age of eighteen (18) shall be employed in any of the occupations declared by the United States secretary of labor to be within the hazardous occupation regulations issued pursuant to the child labor provisions of the fair labor standards act on July 1, 1973.
History: L. 1917, ch. 227, § 2; R.S. 1923, 38-602; L. 1943, ch. 178, § 1; L. 1973, ch. 183, § 2; July 1.
History: L. 1943, ch. 178, § 2; Repealed, L. 1973, ch. 183, § 6; July 1.
(a) No child under sixteen (16) years of age, who is employed in any of the several vocations mentioned in this act, or in the transmission of merchandise or messages, or any hotel, restaurant or mercantile establishment shall be employed before 7 a.m., or after 10 p.m., except on any evening that does not precede a school day, nor more than eight (8) hours in any one calendar day, nor more than forty (40) hours in any one week.
(b) The provisions of this section shall not apply to any student engaged in school food service preparation nor shall such provisions apply to the employment of a student-learner who is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority, or in a course of study in a substantially similar program conducted by a private school: Provided, That such a student-learner is employed under a written agreement which shall provide: (1) That the work of the student-learner shall be incidental to his training, and shall be under the supervision of a teacher-coordinator employed by the school; and (2) that a schedule of organized and progressive work processes to be performed on the job shall have been prepared. Such a written agreement shall carry the name of the student-learner, and shall be signed by the employer and the school coordinator or principal.
History: L. 1917, ch. 227, § 3; R.S. 1923, 38-603; L. 1973, ch. 183, § 3; July 1.
That all persons, firms, or corporations employing children under sixteen (16) years of age in any of the vocations mentioned in this act, shall be required to first obtain and keep on file and accessible to any inspector or officer charged with the enforcement of this act, the work permit as hereinafter provided for: Provided, That if such children are enrolled in or attending any secondary school within the state, no such work permit shall be required.
History: L. 1917, ch. 227, § 4; R.S. 1923, 38-604; L. 1972, ch. 163, § 1; July 1.
That every employer shall keep posted in a conspicuous place near the principal entrance, in any establishment where children under sixteen years of age are employed, permitted or suffered to work, a notice stating the maximum number of hours such child may be required, or permitted to work, on each day of the week, the hours of commencing and stopping work and the hours allowed for dinner or other meals. The form for such notice shall be furnished by the state labor commissioner, and the employment of any child for a longer time in any day than so stated, or at any time other than as stated in said notice, shall be deemed a violation of the provisions of this act.
History: L. 1917, ch. 227, § 5; May 26; R.S. 1923, 38-605.
The superintendent of schools or his or her duly authorized representative, or the judge of the district court, shall issue a work permit only after he or she has received, examined, approved, and filed the following papers duly executed, namely:
First.
A written statement signed by the person for whom the child expects to work, or by some one duly authorized by such person, stating the occupation at which he or she intends to employ such child.
Second.
The school record of such child properly filled out and signed by the principal of the school last attended, setting forth that such child has completed the course of study prescribed for elementary schools by the state board of education. In case such school record is not available then the official issuing the permit shall cause such child to be examined to determine whether or not such child has the educational qualifications equivalent to a completion of the elementary course of study prescribed by the state board of education, and shall file in the office a statement setting forth the result of such examination: Provided, That a permit may be issued to allow a child who has not completed the course of study provided for herein to work when school is not in session in the district in which such child resides, subject to all the other limitations of this act.
Third.
Evidence of age of the child, showing that the child is fourteen years of age; and that the state labor commissioner shall be, and hereby is authorized, empowered, and directed to make and prescribe, and from time to time to change and amend such rules and regulations, not in conflict with this act, as he or she may deem necessary and proper to secure satisfactory evidence of the age of the child applying for a work permit: Provided, however, That the evidence of age, and the manner of preparing and producing such evidence, required under such rules and regulations, shall comply substantially with the requirements as to proof of age prescribed by any rules and regulations made pursuant to the act of congress entitled, "An act to prevent interstate commerce in the products of child labor, and for other purposes, approved September 1, 1916," and any amendments thereto hereafter made.
History: L. 1917, ch. 227, § 6; R.S. 1923, 38-606; L. 1976, ch. 145, § 183; January 10, 1977.
That every work permit shall state the name, sex, the date and place of birth, and the place of residence, and describe the color of the hair and eyes, and the height and weight of such child, and shall contain a statement of the proof of age accepted and shall verify that the papers required by the preceding sections have been duly examined, approved, and filed, and that the child named in such permit has appeared before the official issuing the permit and has been examined. Every such permit shall be signed in the presence of the official issuing the same, by the child in whose name it is issued. It shall show the date of its issue.
History: L. 1917, ch. 227, § 7; May 26; R.S. 1923, 38-607.
That the permits provided for under this act shall be issued upon blanks furnished by the state labor commissioner and shall be made out in duplicate; one of such duplicates shall be forthwith returned to the state labor commissioner, by the party issuing the same, with a statement of the character and substance of the evidence offered prior to the issuance of such permit. Such permit shall be sufficient protection to the employer of any child as to the age of such child, except when such employer has actual knowledge of the falsity of such permit.
History: L. 1917, ch. 227, § 8; May 26; R.S. 1923, 38-608.
That on the termination of the employment of a child whose work permit is on file, such permit shall be returned by the employer within two days to the official who issued the same; upon receipt of which the official shall transmit the same or a copy of the same to the state labor commissioner.
History: L. 1917, ch. 227, § 9; May 26; R.S. 1923, 38-609.
That whenever it shall appear to the state labor commissioner that any permit has been improperly or illegally issued or that the physical or moral welfare of such child could be best served by the revocation of such permit, he may forthwith revoke the same, and shall then notify the person employing such child and the child holding such permit of such revocation.
History: L. 1917, ch. 227, § 10; May 26; R.S. 1923, 38-610.
That it shall be the duty of the state labor commissioner, and his deputies, to inspect the permits and lists hereinabove provided for, to examine children employed in factories, workshops, theaters, elevators, packing houses and mines, and the vocations mentioned in K.S.A. 38-601 and 38-602, as to their age and education, and to file complaints in any court of competent jurisdiction to enforce the provisions of this act, and it shall be the duty of the county attorney of the proper county to appear and prosecute all complaints so filed.
History: L. 1917, ch. 227, § 11; May 26; R.S. 1923, 38-611.
That any person, firm or corporation employing any person or child in violation of any provision of this act, or permitting or conniving at such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days nor more than ninety days.
History: L. 1917, ch. 227, § 12; May 26; R.S. 1923, 38-612.
The state labor commissioner is hereby authorized to receive any federal aid or assistance that is authorized by law to be expended for purposes relating to article 6 of chapter 38 of the Kansas Statutes Annotated.
History: L. 1973, ch. 183, § 4; July 1.
For the purposes of article 6 of chapter 38 of the Kansas Statutes Annotated, and amendments thereto, the following shall not be considered employment:
(1) Children employed by their parents in nonhazardous occupations;
(2) domestic service;
(3) casual labor in or around a private home;
(4) delivery or messenger work;
(5) delivering or distributing newspapers or shopping news;
(6) agricultural, horticultural, livestock or dairying pursuits and employments incident thereto; and
(7) except as provided by K.S.A. 38-615 through 38-622, and amendments thereto, children employed as actors, actresses or performers in motion pictures, theatrical, radio or television productions.
Such exempt services shall not be performed by a child attending school during hours in which the public school is in session in the district in which such child resides.
History: L. 1973, ch. 183, § 5; L. 1982, ch. 183, § 1; L. 2000, ch. 174, § 10; July 1.
As used in this act:
(a) "Artistic or creative services" includes, but is not limited to, services as an actor, actress, dancer, musician, comedian, singer, stunt-person, voice-over artist or other performer or entertainer, or as a song writer, musical producer or arranger, writer, director, producer, production executive, choreographer, composer, conductor or designer.
(b) "Casting agency" means an agency that provides one or more performers for a fee.
(c) "Gross earnings" means an amount of $5,000 or more paid directly to the minor pursuant to the contract, including the payment of any advances to the minor pursuant to the contract, but excluding deductions to offset those advances or other expenses incurred by the employer pursuant to the contract.
(d) "Minor child" means any unemancipated child in the period of minority as defined in K.S.A. 38-101, and amendments thereto.
History: L. 2000, ch. 174, § 1; July 1.
(a) No infant under the age of one month may be employed on any motion picture set or location unless a licensed physician and surgeon who is board-certified in pediatrics provides written certification that the infant is at least 15 days old and, in the physician's medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of filmmaking and the infant's lungs, eyes, heart and immune system are sufficiently developed to withstand the potential risks.
(b) Any parent, guardian or employer of a minor child and any officer or agent of an employer of a minor child, who directly or indirectly violates subsection (a) or who causes or permits a violation of subsection (a), with respect to that minor child, is guilty of a class B misdemeanor.
History: L. 2000, ch. 174, § 2; July 1.
The earnings and accumulations of a minor child related to a contract of a type described in K.S.A. 38-618, and amendments thereto, shall remain the sole legal property of the minor child.
History: L. 2000, ch. 174, § 3; July 1.
This section applies to the following contracts entered into on or after January 1, 2001, between a minor child and any third-party or parties:
(a) A contract pursuant to which a person is employed or agrees to render artistic or creative services, either directly or through a third party, including, but not limited to, a personal services corporation.
(b) A contract pursuant to which a person agrees to: (1) Purchase or otherwise secure, sell, lease, license or otherwise dispose of literary, musical or dramatic properties, or use of a person's likeness, voice recording, performance or story of or incidents in such person's life, either tangible or intangible or any rights therein to use in motion pictures, television, the production of sound recordings in any format now known or hereafter devised, the legitimate or living stage, or otherwise in the entertainment field.
(c) A contract pursuant to which a person is employed or agrees to render services as a participant or player in a sport.
(d) Where a minor child renders services as an extra, background performer or in a similar capacity, through a casting agency, the casting agency or service shall be considered the minor child's employer for the purposes of this act.
History: L. 2000, ch. 174, § 4; July 1.
(a) A contract, otherwise valid, of a type described in K.S.A. 38-618, and amendments thereto, entered into during one's minority, cannot be disaffirmed on that ground, either during the minority of the person entering into the contract or at any time thereafter, if the contract has been approved by the district court in any county in which the minor resides or is employed or in which any party to the contract has its principal office in this state for the transaction of business.
(b) Approval of the district court may be given upon petition of any party to the contract, after such reasonable notice to all other parties to the contract as is fixed by the district court, with opportunity for such other parties to appear and be heard.
(c) Approval of the district court given under this section extends to the whole of the contract and all of its terms and provisions, including, but not limited to, any optional or conditional provisions contained in the contract for extension, prolongation or termination of the term of the contract.
(d) For the purposes of any proceeding under this act, a parent or legal guardian entitled to the physical custody, care and control of the minor child at the time of the proceeding shall be considered the minor child's guardian ad litem for the proceeding, unless the district court shall determine that appointment of a different individual as guardian ad litem is required in the best interests of the minor child.
History: L. 2000, ch. 174, § 5; July 1.
(a) A parent or guardian, as the case may be, entitled to the physical custody, care and control of a minor child who enters into a contract of a type described in K.S.A. 38-618, and amendments thereto, shall provide a certified copy of the minor child's birth certificate indicating the minor child's minority to the other party or parties to the contract, and in addition, in the case of a guardian, a certified copy of the court document appointing the person as the minor child's legal guardian.
(b) (1) Notwithstanding any other statute, in an order approving a minor child's contract of a type described in K.S.A. 38-618, and amendments thereto, the court shall require that 15% of the minor child's gross earnings pursuant to the contract be set aside by the minor child's employer and preserved for the benefit of the minor child, either in a trust fund or other savings plan approved by the district court.
(2) The district court shall require that at least one parent or legal guardian entitled to the physical custody, care and control of the minor child at the time the order is issued be appointed as trustee of the funds ordered to be set aside for the benefit of the minor child, unless the district court shall determine that appointment of a different individual, individuals, entity or entities as trustee or trustees is required in the best interest of the minor child.
(3) The trustee or trustees of the funds ordered to be set aside shall promptly provide the minor child's employer with the name, address and telephone number of the financial institution where the funds will be held, the name of the account, the number of the account, the name of the minor child beneficiary, the name of the trustee or trustees of the account and any additional information needed by the minor child's employer to deposit into the account the portion of the minor child's gross earnings in accordance with the order. The trustee or trustees shall attach to the written statement a true and accurate photocopy of any information received from the financial institution confirming the creation of the account, such as an account agreement, account terms, passbook or other similar writings.
(4) The minor child's employer shall deposit or disburse the funds as required by the order within 15 business days of receiving the order and receiving from the trustee or trustees the account information required by this section. Notwithstanding any other statute, pending receipt of the trustee's statement, the minor's employer shall hold for the benefit of the minor the percentage ordered by the court of the minor's gross earnings pursuant to the contract.
(5) When making the initial deposit of funds pursuant to the order, the minor child's employer shall provide the financial institution with a copy of the order.
(6) Once the minor child's employer deposits the set aside funds into a trust fund or other savings plan approved by the district court, the minor child's employer shall have no further obligation or duty to monitor or account for the funds. The trustee or trustees of the trust fund or other savings plan shall be the only individual, individuals, entity or entities with the obligation or duty to monitor and account for those funds once they have been deposited by the minor child's employer. The trustee or trustees shall do an annual accounting of the funds held in trust, in an account or other savings plan, in accordance with K.S.A. 59-1606, and amendments thereto.
(7) The district court shall have continuing jurisdiction over the trust fund or other savings plan established pursuant to the order and may at any time, on good cause shown, order that the trust fund or other savings plan be amended or terminated, notwithstanding the provisions of the declaration of trust or other savings plan. If the beneficiary is a minor child, an order amending or terminating a trust fund or other savings plan may be made only after reasonable notice to the beneficiary, to the parent or guardian, if any, and to the trustee or trustees of the funds, with opportunity for all parties to appear and be heard.
(8) The trustee or trustees of the funds ordered to be set aside shall promptly notify the minor child's employer in writing of any change in facts that affect the employer's obligation or ability to set aside the funds in accordance with the order, including, but not limited to, a change of financial institution or account number or the existence of a new or amended order issued pursuant to paragraph (b)(7) amending or terminating the employer's obligations under the original order. The written notification shall include the information set forth in paragraph (b)(3) and shall be accompanied by a true and accurate photocopy of the new or amended order.
(9) A parent or legal guardian, as the case may be, entitled to the physical custody, care and control of the minor child, the minor child through a guardian ad litem or the trustee or trustees, may at any time petition the court to request an increase in the percentage of gross earnings that are set aside for the benefit of the minor child.
(c) (1) Notwithstanding any other statute, for any minor child's contract of a type described in K.S.A. 38-618, and amendments thereto, that is not being submitted for approval by the district court pursuant to K.S.A. 38-618, and amendments thereto, or for which the district court has issued a final order denying approval, 15% of the minor child's gross earnings pursuant to the contract shall be set aside by the minor child's employer either in a trust fund or other savings plan and preserved for the benefit of the minor child in accordance with K.S.A. 38-621, and amendments thereto. At least one parent or legal guardian, as the case may be, entitled to the physical custody, care and control of the minor, shall be the trustee of the funds set aside for the benefit of the minor, unless the court, upon petition by the parent or legal guardian, the minor, through the minor child's guardian ad litem, or the trustee or trustees of the trust, shall determine that appointment of a different individual, individuals, entity or entities as trustee or trustees is required in the best interest of the minor.
(2) A parent or guardian, as the case may be, entitled to the physical custody, care and control of the minor child, shall promptly provide the minor child's employer with a true and accurate photocopy of the trustee's statement and attachments pursuant to subsection (c) of K.S.A. 38-621, and amendments thereto, and in addition, in the case of a guardian, a certified copy of the district court document appointing the person as the minor child's legal guardian.
(3) The minor child's employer shall deposit 15% of the minor child's gross earnings pursuant to the contract within 15 business days of receiving the trustee's statement and attachments pursuant to subsection (c) of K.S.A. 38-621, and amendments thereto, or if the district court denies approval of the contract, within 15 business days of receiving a final order denying approval of the contract. Notwithstanding any other statute, pending receipt of the trustee's statement and attachments or the final district court order, the minor child's employer shall hold for the benefit of the minor child the 15% of the minor child's gross earnings pursuant to the contract.
(4) Once the minor child's employer deposits the set aside funds into a trust fund or other savings plan pursuant to K.S.A. 38-621, and amendments thereto, the minor child's employer shall have no further obligation or duty to monitor or account for the funds. The trustee or trustees of the trust fund or other savings plan shall be the only individual, individuals, entity or entities with the obligation or duty to monitor and account for these funds once they have been deposited by the minor child's employer. The trustee or trustees shall do an annual accounting of the funds held in trust, in an account or other savings plan, in accordance with K.S.A. 59-1606, and amendments thereto.
(5) The district court, in any county in which the minor child resides or in which the trust fund or other savings plan is established, at any time, on good cause shown, may order that the trust fund or other savings plan be amended or terminated, notwithstanding the provisions of the declaration of trust or other savings plan upon petition by the parent or legal guardian, the minor through a guardian ad litem or the trustee or trustees. If the beneficiary is a minor child, an order amending or terminating a trust fund or other savings plan may be made only after reasonable notice to the beneficiary, to the parent or guardian, if any, and to the trustee or trustees of the funds, with opportunity for all parties to appear and be heard.
(6) A parent or guardian, entitled to the physical custody, care and control of the minor child, shall promptly notify the minor child's employer in writing of any change in facts that affect the employer's obligation or ability to set aside funds for the benefit of the minor child in accordance with this section, including, but not limited to, a change of financial institution or account number or the existence of a new or amended order issued pursuant to paragraph (c)(5) amending or terminating the employer's obligations under this section. The written notification shall be accompanied by a true and accurate photocopy of the trustee's statement and attachments pursuant to subsection (c) of K.S.A. 38-621, and amendments thereto, or a true and accurate photocopy of the new or amended order.
(d) Where a parent or guardian is entitled to the physical custody, care and control of a minor child who enters into a contract of a type described in K.S.A. 38-618, and amendments thereto, the relationship between the parent or guardian and the minor child is a fiduciary relationship that is governed by the law of trust, whether or not a district court has issued a formal order to that effect. With respect to all earnings and accumulations of the minor child under the contract, the parent or guardian shall pay all liabilities incurred by the minor child under the contract, including, but not limited to, payments for taxes on all earnings, including taxes on the amounts set aside under subsections (b) and (c) of this section, and payments for personal or professional services rendered to the minor child or the business related to the contract. Nothing in this subdivision shall be construed to alter any other existing responsibilities of a parent or legal guardian to provide for the support of a minor child.
History: L. 2000, ch. 174, § 6; July 1.
(a) A parent or legal guardian entitled to the physical custody, care and control of the minor child shall establish a trust fund or other savings plan pursuant to this section at a bank, savings and loan institution, credit union or brokerage firm or company registered under the investment company act of 1940 within seven business days after the minor child's contract is signed by the minor child and the employer, unless a similar trust fund or other savings plan has been previously established for the purpose of preserving for the benefit of the minor child the portion of the minor child's gross earnings pursuant to paragraph (1) of subsection (b) of K.S.A. 38-620, and amendments thereto, or the contract described by paragraph (1) of subsection (c) of K.S.A. 38-620, and amendments thereto. At least one parent or guardian shall be the trustee of the trust fund or other savings plan for the benefit of the minor child.
(b) Except as otherwise provided in this section, prior to the date on which the beneficiary of the trust funds or other savings plan attains 18 years of age or the issuance of a declaration of right of majority of the minor child under K.S.A. 38-109, and amendments thereto, no withdrawal by the beneficiary may be made of funds on deposit in the trust fund or other savings plan without written order of the district court pursuant to paragraph (7) of subsection (b) or paragraph (5) of subsection (c) of K.S.A. 38-620, and amendments thereto. Upon reaching 18 years of age, or obtaining the issuance of a declaration of right of majority under K.S.A. 38-109, and amendments thereto, the beneficiary may withdraw the funds on deposit in the trust fund or other savings plan only after providing a certified copy of the beneficiary's birth certificate to the financial institution where the trust fund or other savings plan is located.
(c) The trustee or trustees shall prepare a written statement within 10 business days after the minor's contract is signed by the minor and the employer, under penalty of perjury, that shall include the name, address and telephone number of the financial institution, the name of the account, the number of the account, the name of the minor child beneficiary, the name of the trustee or trustees of the account and any additional information needed by the minor child's employer to deposit into the account the portion of the minor child's gross earnings prescribed by paragraph (1) of subsection (b) or paragraph (1) of subsection (c) of K.S.A. 38-620, and amendments thereto. The trustee or trustees shall attach to the written statement a true and accurate photocopy of any information received from the financial institution confirming the creation of the account, such as an account agreement, account terms, passbook or other similar writings.
(d) If the trust fund or other savings plan is established in the United States, it shall be established either with a financial institution that is and remains insured at all times by the federal deposit insurance corporation, the securities investor protection corporation, or the national credit union share insurance fund or their respective successors or with a company that is and remains registered under the investment company act of 1940. If the trust fund or other savings plan is established outside the United States, the financial institution shall be a first-class international bank. The trustee or trustees of the trust fund or other savings plan shall be the only individual, individuals, entity or entities with the obligation or duty to ensure that the funds remain in a financial institution insured in accordance with this section.
(e) Upon application by the trustee or trustees to the financial institution or company where the trust fund or other savings plan is held, the trust funds may be handled by the trustee or trustees in any of the following methods:
(1) The trustee or trustees may transfer funds to another account at the same financial institution or company, provided that the funds transferred shall continue to be subject to this act.
(2) The trustee or trustees may transfer funds to another financial institution or company, provided that the funds transferred shall continue to be subject to this act and that the trustee or trustees have provided written notification to the financial institution or company to which the funds will be transferred that the funds are subject to this section and written notice of the requirements of this act.
(3) The trustee or trustees may use all or a part of the funds to purchase, in the name of and for the benefit of the minor child: (A) Mutual funds offered by a company registered under the investment company act of 1940, so long as those mutual funds are broad-based index funds or invest broadly across the domestic or a foreign regional economy and are not sector funds or with a company that is and remains registered under the investment company act of 1940 as authorized by this section; or (B) government securities and bonds, certificates of deposit, money market instruments, money market accounts or mutual funds investing solely in those government securities and bonds, certificates, instruments and accounts that are available at the financial institution where the trust fund or other savings plan is held, so long as that the funds remain in trust at a financial institution insured by the federal deposit insurance corporation, the securities investor protection corporation, or the national credit union share insurance fund if within the United States, or maintained in a first-class international bank if not within the United States, if those purchases have a maturity date on or before the date upon which the minor child will attain 18 years of age, and any proceeds accruing from those purchases will be redeposited into that account or accounts or used to further purchase any of those or similar securities, bonds, certificates, instruments, funds or accounts.
History: L. 2000, ch. 174, § 7; July 1.
The state department of labor may adopt rules and regulations setting out standards for minor children on motion picture sets as may be necessary to protect the safety and well being of minor children and to carry out the purposes of this act.
History: L. 2000, ch. 174, § 8; L. 2004, ch. 179, § 1; July 1.
Revisor's Note: Later act, see 21-6307.
History: L. 1883, ch. 105, § 1; R.S. 1923, 38-701; L. 1965, ch. 277, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
Revisor's Note: Later act, see 21-6307.
History: L. 1883, ch. 105, § 2; R.S. 1923, 38-702; L. 1965, ch. 277, § 2; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1903, ch. 219, § 1; R.S. 1923, 38-703; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1889, ch. 104, § 1; R.S. 1923, 38-704; L. 1965, ch. 277, § 3; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
Revisor's Note: Later act, see 21-3513.
History: L. 1889, ch. 104, § 2; R.S. 1923, 38-705; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1889, ch. 104, §§ 3 to 6; R.S. 1923, 38-706 to 38-709; Repealed, L. 1957, ch. 256, § 39; July 1.
Revisor's Note: Later act, see 21-6318.
History: L. 1955, ch. 195, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
Revisor's Note: Later act, see 21-5508, 21-5511, 21-5513, 21-5601.
History: L. 1955, ch. 196, § 1; L. 1957, ch. 258, § 1; L. 1959, ch. 198, § 1; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
Revisor's Note: Later act, see 21-5601, 21-5602, 21-5607.
History: L. 1965, ch. 277, §§ 4 to 7; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1965, ch. 386, § 1; L. 1972, ch. 164, § 1; L. 1977, ch. 149, § 1; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1965, ch. 386, § 2; L. 1970, ch. 165, § 1; L. 1972, ch. 164, § 2; L. 1974, ch. 175, § 8; L. 1975, ch. 231, § 1; L. 1976, ch. 145, § 184; L. 1977, ch. 149, § 2; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1965, ch. 386, § 3; L. 1972, ch. 164, § 3; L. 1975, ch. 231, § 2; L. 1976, ch. 145, § 185; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1965, ch. 386, § 4; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1965, ch. 386, § 5; L. 1975, ch. 231, § 3; L. 1977, ch. 149, § 3; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1967, ch. 243, § 1; L. 1972, ch. 164, § 4; L. 1974, ch. 175, § 9; L. 1975, ch. 231, § 4; L. 1976, ch. 145, § 186; L. 1977, ch. 149, § 4; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1977, ch. 149, §§ 5 to 8; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1972, ch. 164, § 5; L. 1975, ch. 231, § 5; L. 1977, ch. 149, § 9; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1975, ch. 231, § 6; L. 1976, ch. 145, § 187; L. 1977, ch. 149, § 10; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1975, ch. 231, § 7; L. 1977, ch. 149, § 11; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1978, ch. 157, § 1; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 1; L. 1976, ch. 207, § 1; L. 1979, ch. 122, § 1; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 2; L. 1965, ch. 278, § 1; L. 1970, ch. 165, § 2; L. 1971, ch. 150, § 1; L. 1973, ch. 184, § 1; L. 1975, ch. 33, § 7; L. 1976, ch. 207, § 2; L. 1978, ch. 158, § 1; L. 1979, ch. 122, § 2; L. 1980, ch. 122, § 1; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 3; Repealed, L. 1976, ch. 207, § 34; January 10, 1977.
History: L. 1957, ch. 256, § 4; L. 1970, ch. 164, § 1; L. 1972, ch. 165, § 1; L. 1974, ch. 176, § 1; Repealed, L. 1976, ch. 207, § 34; January 10, 1977.
Revisor's Note: Section transferred to 38-554.
History: L. 1970, ch. 164, § 3; Repealed, L. 1976, ch. 207, § 34; January 10, 1977.
Revisor's Note: Section transferred to 38-555.
History: L. 1972, ch. 165, §§ 3, 4; Repealed, L. 1976, ch. 207, § 34; January 10, 1977.
History: L. 1957, ch. 256, § 5; L. 1976, ch. 207, § 5; L. 1978, ch. 158, § 2; L. 1979, ch. 124, § 1; L. 1981, ch. 182, § 1; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1974, ch. 176, §§ 2, 3; Repealed, L. 1976, ch. 207, § 34; January 10, 1977.
History: L. 1978, ch. 158, § 3; L. 1981, ch. 182, § 2; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1978, ch. 158, § 12; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 6; L. 1965, ch. 278, § 2; L. 1975, ch. 232, § 1; L. 1976, ch. 207, § 6; L. 1978, ch. 158, § 4; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 7; L. 1976, ch. 207, § 7; L. 1978, ch. 158, § 6; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 8; L. 1965, ch. 278, § 3; L. 1969, ch. 224, § 1; L. 1972, ch. 166, § 1; L. 1975, ch. 233, § 1; L. 1976, ch. 207, § 8; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 9; Repealed, L. 1976, ch. 207, § 34; January 10, 1977.
History: L. 1980, ch. 122, § 3; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 10; L. 1976, ch. 207, § 9; Repealed, L. 1978, ch. 158, § 36; July 1.
History: L. 1978, ch. 158, § 5; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 11; L. 1978, ch. 158, § 7; L. 1979, ch. 122, § 5; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 12; L. 1976, ch. 207, § 10; L. 1978, ch. 158, § 8; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 13; L. 1969, ch. 224, § 2; L. 1976, ch. 207, § 11; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 14; L. 1970, ch. 165, § 3; L. 1976, ch. 207, § 12; L. 1977, ch. 150, § 1; L. 1978, ch. 120, § 15; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 15; L. 1965, ch. 278, § 4; L. 1972, ch. 153, § 57; L. 1973, ch. 134, § 39; L. 1974, ch. 446, § 18; L. 1974, ch. 178, § 1; L. 1976, ch. 207, § 13; L. 1978, ch. 158, § 10; L. 1980, ch. 122, § 2; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1974, ch. 178, § 3; L. 1976, ch. 207, § 14; Repealed, L. 1978, ch. 158, § 36; July 1.
History: L. 1974, ch. 178, § 4; L. 1976, ch. 207, § 15; L. 1978, ch. 158, § 13; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1974, ch. 178, § 2; L. 1976, ch. 207, § 16; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1978, ch. 158, § 9; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1978, ch. 158, § 11; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 16; L. 1965, ch. 278, § 5; L. 1970, ch. 165, § 4; L. 1976, ch. 207, § 17; L. 1978, ch. 158, § 14; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1978, ch. 158, § 33; L. 1979, ch. 125, § 1; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 17; L. 1969, ch. 224, § 3; L. 1973, ch. 186, § 22; L. 1974, ch. 177, § 1; L. 1974, ch. 178, § 5; L. 1976, ch. 207, § 18; L. 1977, ch. 112, § 16; L. 1978, ch. 158, § 15; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 18; L. 1976, ch. 207, § 19; L. 1978, ch. 158, § 16; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 19; L. 1965, ch. 279, § 1; L. 1973, ch. 186, § 23; L. 1974, ch. 178, § 6; L. 1976, ch. 207, § 20; L. 1978, ch. 158, § 17; L. 1979, ch. 122, § 6; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1978, ch. 158, § 26; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 20; L. 1976, ch. 207, § 21; L. 1978, ch. 158, § 18; L. 1978, ch. 231, § 27; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 21; L. 1965, ch. 280, § 1; L. 1970, ch. 165, § 5; L. 1976, ch. 207, § 22; L. 1977, ch. 105, § 14; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 22; L. 1976, ch. 207, § 23; L. 1979, ch. 122, § 7; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 23; L. 1961, ch. 228, § 1; L. 1972, ch. 167, § 1; L. 1973, ch. 186, § 24; L. 1974, ch. 178, § 7; L. 1975, ch. 235, § 1; L. 1976, ch. 207, § 24; L. 1977, ch. 105, § 15; L. 1979, ch. 122, § 8; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 24; L. 1959, ch. 199, § 1; L. 1965, ch. 280, § 2; L. 1970, ch. 165, § 6; L. 1971, ch. 151, § 1; L. 1973, ch. 186, § 25; L. 1973, ch. 184, § 2; L. 1976, ch. 207, § 25; L. 1978, ch. 158, § 19; L. 1979, ch. 122, § 9; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 25; L. 1959, ch. 200, § 1; L. 1976, ch. 207, § 26; L. 1978, ch. 158, § 20; L. 1979, ch. 122, § 10; L. 1982, ch. 357, § 13; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 26; L. 1965, ch. 278, § 6; L. 1969, ch. 224, § 4; L. 1971, ch. 151, § 2; L. 1973, ch. 184, § 3; L. 1976, ch. 207, § 27; L. 1978, ch. 158, § 23; L. 1979, ch. 126, § 1; L. 1979, ch. 122, § 11; L. 1982, ch. 357, § 14; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1979, ch. 126, § 2; L. 1979, ch. 122, § 16; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1979, ch. 126, § 3; L. 1979, ch. 122, § 17; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1979, ch. 126, § 4; L. 1979, ch. 122, § 18; L. 1982, ch. 357, § 15; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1979, ch. 126, § 5; L. 1982, ch. 357, § 16; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1979, ch. 126, § 6; L. 1979, ch. 119, § 1; L. 1982, ch. 357, § 17; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1979, ch. 126, § 7; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 27; L. 1969, ch. 224, § 5; L. 1973, ch. 186, § 26; L. 1975, ch. 235, § 2; L. 1976, ch. 207, § 28; L. 1978, ch. 158, § 24; L. 1979, ch. 122, § 12; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1975, ch. 234, § 1; Repealed, L. 1976, ch. 207, § 34; January 10, 1977.
History: L. 1957, ch. 256, § 28; L. 1965, ch. 280, § 3; L. 1973, ch. 186, § 27; L. 1975, ch. 234, § 2; L. 1976, ch. 207, § 29; L. 1978, ch. 158, § 25; L. 1979, ch. 127, § 1; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1974, ch. 358, § 1; L. 1976, ch. 58, § 3; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 29; L. 1969, ch. 224, § 6; L. 1978, ch. 158, § 29; L. 1979, ch. 122, § 13; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1978, ch. 158, § 21; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1978, ch. 158, § 22; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 30; L. 1959, ch. 201, § 1; L. 1976, ch. 207, § 30; Repealed, L. 1978, ch. 123, § 3; July 1.
History: L. 1957, ch. 256, § 31; Repealed, L. 1979, ch. 122, § 19; July 1.
History: L. 1957, ch. 256, § 32; L. 1975, ch. 236, § 1; L. 1976, ch. 207, § 31; Repealed, L. 1979, ch. 122, § 19; July 1.
History: L. 1957, ch. 256, § 33; L. 1975, ch. 236, § 2; Repealed, L. 1976, ch. 207, § 34; January 10, 1977.
History: L. 1957, ch. 256, § 34; L. 1969, ch. 224, § 7; L. 1976, ch. 207, § 32; L. 1978, ch. 158, § 30; L. 1981, ch. 183, § 2; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1978, ch. 158, § 27; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1978, ch. 158, § 28; L. 1979, ch. 122, § 14; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 35; L. 1976, ch. 207, § 33; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, § 36; L. 1965, ch. 278, § 7; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 256, §§ 37, 38; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1969, ch. 224, § 8; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1978, ch. 158, § 31; L. 1980, ch. 122, § 4; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1978, ch. 158, § 32; L. 1979, ch. 122, § 15; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1978, ch. 158, § 35; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1979, ch. 120, §§ 1, 2, 4; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
History: L. 1957, ch. 259, § 1; L. 1965, ch. 281, § 1; L. 1968, ch. 8, § 1; L. 1972, ch. 161, § 7; L. 1976, ch. 145, § 188; L. 1980, ch. 123, § 1; Repealed, L. 1985, ch. 143, § 27; July 1.
History: L. 1957, ch. 259, § 2; L. 1959, ch. 202, § 1; L. 1968, ch. 8, § 2; L. 1979, ch. 128, § 1; Repealed, L. 1985, ch. 143, § 27; July 1.
History: L. 1957, ch. 259, § 3; L. 1968, ch. 8, § 3; Repealed, L. 1985, ch. 143, § 27; July 1.
History: L. 1957, ch. 259, § 4; L. 1965, ch. 281, § 1; L. 1968, ch. 8, § 4; L. 1972, ch. 161, § 8; Repealed, L. 1985, ch. 143, § 27; July 1.
History: L. 1957, ch. 259, §§ 5, 6; L. 1968, ch. 8, §§ 5, 6; Repealed, L. 1985, ch. 143, § 27; July 1.
History: L. 1957, ch. 259, § 7; L. 1965, ch. 281, § 2; L. 1968, ch. 8, § 7; L. 1972, ch. 161, § 9; Repealed, L. 1985, ch. 143, § 27; July 1.
History: L. 1957, ch. 259, §§ 8 to 11; Repealed, L. 1985, ch. 143, § 27; July 1.
History: L. 1974 ch. 179, § 1; L. 1979, ch. 129, § 1; Repealed, L. 1985, ch. 143, § 27; July 1.
History: L. 1965, ch. 283, §§ 1 to 6; Repealed, L. 2004, ch. 15, § 2; August 26, 2008.
History: L. 1965, ch. 283, § 7; L. 1981, ch. 184, § 1; Repealed, L. 2004, ch. 15, § 2; August 26, 2008.
This act may be cited as the Interstate Compact for Juveniles.
THE INTERSTATE COMPACT
FOR JUVENILES
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action among the compacting states to: (a) ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (b) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (c) return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (d) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (e) provide for the effective tracking and supervision of juveniles; (f) equitably allocate the costs, benefits and obligations of the compacting states; (g) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders; (h) insure immediate notice to jurisdiction where defined offenders are authorized to travel or to relocate across state lines; (i) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact; (j) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of Compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (k) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct non-compliance; (l) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (m) coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
(a) "By-laws" means: those by-laws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct.
(b) "Compact Administrator" means: the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.
(c) "Compacting State" means: any state which has enacted the enabling legislation for this compact.
(d) "Commissioner" means: the voting representative of each compacting state appointed pursuant to Article III of this compact.
(e) "Court" means: any court having jurisdiction over delinquent, neglected, or dependent children.
(f) "Deputy Compact Administrator" means: the individual, if any, in each compacting state appointed to act on behalf of a Compact Administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.
(g) "Interstate Commission" means: the Interstate Commission for Juveniles created by Article III of this compact.
(h) "Juvenile" means: any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:
(1) Accused Delinquent - a person charged with an offense that, if committed by an adult, would be a criminal offense;
(2) Adjudicated Delinquent - a person found to have committed an offense that, if committed by an adult, would be a criminal offense;
(3) Accused Status Offender - a person charged with an offense that would not be a criminal offense if committed by an adult;
(4) Adjudicated Status Offender - a person found to have committed an offense that would not be a criminal offense if committed by an adult; and
(5) Non-Offender - a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.
(i) "Non-Compacting state" means: any state which has not enacted the enabling legislation for this compact.
(j) "Probation or Parole" means: any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.
(k) "Rule" means: a written statement by the Interstate Commission promulgated pursuant to Article VI of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.
(l) "State" means: a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
ARTICLE III
INTERSTATE COMMISSION FOR
JUVENILES
(a) The compacting states hereby create the "Interstate Commission for Juveniles." The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(b) The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created hereunder. The commissioner shall be the compact administrator, deputy compact administrator or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.
(c) In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations. Such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All non-commissioner members of the Interstate Commission shall be ex-officio (non-voting) members. The Interstate Commission may provide in its by-laws for such additional ex-officio (non-voting) members, including members of other national organizations, in such numbers as shall be determined by the commission.
(d) Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission.
(e) The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(f) The Interstate Commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the by-laws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its by-laws and rules, and performs such other duties as directed by the Interstate Commission or set forth in the by-laws.
(g) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The by-laws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.
(h) The Interstate Commission's by-laws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
(i) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the Rules or as otherwise provided in the Compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
(1) Relate solely to the Interstate Commission's internal personnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure by statute;
(3) Disclose trade secrets or commercial or financial information which is privileged or confidential;
(4) Involve accusing any person of a crime, or formally censuring any person;
(5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) Disclose investigative records compiled for law enforcement purposes;
(7) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;
(8) Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or
(9) Specifically relate to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding.
(j) For every meeting closed pursuant to this provision, the Interstate Commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
(k) The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall insofar as is reasonably possible conform to up-to-date technology, and coordinate its information functions with the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE
INTERSTATE COMMISSION
The commission shall have the following powers and duties:
(1) To provide for dispute resolution among compacting states.
(2) To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.
(3) To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any by-laws adopted and rules promulgated by the Interstate Commission.
(4) To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the by-laws, using all necessary and proper means, including but not limited to the use of judicial process.
(5) To establish and maintain offices which shall be located within one or more of the compacting states.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, hire or contract for services of personnel.
(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its power and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures and levy dues as provided in Article VIII of this compact.
(14) To sue and be sued.
(15) To adopt a seal and by-laws governing the management and operation of the Interstate Commission.
(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
(17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
(18) To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity.
(19) To establish uniform standards of the reporting, collecting and exchanging of data.
(20) The Interstate Commission shall maintain its corporate books and records in accordance with the By-laws.
ARTICLE V
ORGANIZATION AND OPERATION OF
THE INTERSTATE COMMISSION
Section (a) By-laws
(1) The Interstate Commission shall, by a majority of the members present and voting, within twelve months after the first Interstate Commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(A) Establishing the fiscal year of the Interstate Commission;
(B) Establishing an executive committee and such other committees as may be necessary;
(C) Provide for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;
(D) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;
(E) Establishing the titles and responsibilities of the officers of the Interstate Commission;
(F) Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations;
(G) Providing "start-up" rules for initial administration of the compact; and
(H) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Section (b) Officers and Staff
(1) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the by-laws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.
Section (c) Qualified Immunity, Defense and Indemnification
(1) The Commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
(2) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
(3) The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the Attorney General of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
(4) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner's representatives or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE
INTERSTATE COMMISSION
(a) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
(b) Rulemaking shall occur pursuant to the criteria set forth in this article and the by-laws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Commission.
(c) When promulgating a rule, the Interstate Commission shall, at a minimum:
(1) publish the proposed rule's entire text stating the reason(s) for that proposed rule;
(2) allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record, and be made publicly available;
(3) provide an opportunity for an informal hearing if petitioned by ten (10) or more persons; and
(4) promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
(d) Allow, not later than sixty days after a rule is promulgated, any interested person to file a petition in the United States District Court of the District of Columbia or in the Federal District Court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.
(e) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.
(f) The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this act shall be null and void twelve (12) months after the first meeting of the Interstate Commission created hereunder.
(g) Upon determination by the Interstate Commission that a state-of-emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than ninety (90) days after the effective date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT AND
DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
Section (a) Oversight
(1) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Section (b) Dispute Resolution
(1) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.
(2) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and non-compacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(3) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article XI of this compact.
ARTICLE VIII
THE STATE COUNCIL
(a) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(b) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
(c) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its by-laws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
ARTICLE IX
THE STATE COUNCIL
Each member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state's participation in Interstate Commission activities and other duties as may be determined by that state, including but not limited to, development of policy concerning operations and procedures of the compact within that state.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE
AND AMENDMENT
(a) Any state, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in Article II of this compact is eligible to become a compacting state.
(b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004 or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states and territories of the United States.
(c) The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendments shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION
AND JUDICIAL ENFORCEMENT
Section (a) Withdrawal
(1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
Section (b) Technical Assistance, Fines, Suspension, Termination and Default
(1) If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the by-laws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
(A) Remedial training and technical assistance as directed by the Interstate Commission;
(B) Alternative Dispute Resolution;
(C) Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and
(D) Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the by-laws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or the Chief Judicial Officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the by-laws, or duly promulgated rules and any other grounds designated in commission by-laws and rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination.
(2) Within sixty days of the effective date of termination of a defaulting state, the Commission shall notify the Governor, the Chief Justice or Chief Judicial Officer, the Majority and Minority Leaders of the defaulting state's legislature, and the state council of such termination.
(3) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
(4) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
(5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
Section (c) Judicial Enforcement
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.
Section (d) Dissolution of Compact
(1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the by-laws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally construed to effectuate its purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT
AND OTHER LAWS
Section (a) Other Laws
(1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
(2) All compacting states' laws other than state Constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
Section (b) Binding Effect of the Compact
(1) All lawful actions of the Interstate Commission, including all rules and by-laws promulgated by the Interstate Commission, are binding upon the compacting states.
(2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
History: L. 2004, ch. 15, § 1; August 26, 2008.
This act shall take effect and be in force from and after the later of July 1, 2004, or upon enactment into law by the 35th state and its publication in the statute book.
History: L. 2004, ch. 15, § 3; August 26, 2008.
The governor shall designate an officer who shall be the interstate compact for juveniles compact administrator. The compact administrator shall serve subject to the pleasure of the governor. The compact administrator shall cooperate with all departments, agencies and officers of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state hereunder.
History: L. 2009, ch. 3, § 1; March 26.
(a) There is hereby established the Kansas council for interstate juvenile supervision. The council shall consist of the following members:
(1) The interstate compact for juveniles compact administrator or the compact administrator's designee;
(2) the chief justice of the supreme court or the chief justice's designee;
(3) the attorney general or the attorney general's designee;
(4) a person representing crime victims groups appointed by the attorney general;
(5) the commissioner of the juvenile justice authority or the commissioner's designee;
(6) one member of the house of representatives appointed by the speaker of the house of representatives; and
(7) one member of the senate appointed by the president of the senate.
(b) The appointments shall be made within 30 days after the effective date of this act. The initial meeting of the council shall be convened within 60 days after the effective date of this act by the commissioner of juvenile justice at a time and place designated by the commissioner of juvenile justice. The council shall elect a chairperson and may elect any additional officers from among its members necessary to discharge its duties.
(c) Meetings of the council subsequent to its initial meeting shall be held and conducted in accordance with policies and procedures established by the council.
(d) The council shall meet upon call of its chairperson as necessary to carry out its duties under this act.
(e) Each member of the council appointed by the chief justice or the attorney general shall be appointed for a term of four years. All other members shall be appointed for a term of two years and shall continue to serve during that time as long as the member occupies the position which made the member eligible for the appointment. Each member shall continue in office until a successor is appointed and qualifies. Members shall be eligible for reappointment, and appointment may be made to fill an unexpired term.
(f) The council shall oversee and administer the state's participation in the interstate compact for juveniles, K.S.A. 38-1008, and amendments thereto, and shall develop policies concerning the operations and procedures of the compact within the state.
(g) Each member of the council shall receive compensation, subsistence allowances, mileage and other expenses as provided for in K.S.A. 75-3223, and amendments thereto, for each day or part thereof actually spent on council activities.
History: L. 2009, ch. 3, § 2; March 26.
History: L. 1970, ch. 166, § 1; Repealed, L. 1985, ch. 114, § 30; July 1.
History: L. 1970, ch. 166, §§ 2, 3; Repealed, L. 1985, ch. 114, § 30; July 1.
History: L. 1970, ch. 166, § 4; Repealed, L. 1985, ch. 114, § 30; July 1.
History: L. 1970, ch. 166, § 5; Repealed, L. 1985, ch. 114, § 30; July 1.
History: L. 1970, ch. 166, § 6; Repealed, L. 1985, ch. 114, § 30; July 1.
History: L. 1970, ch. 166, § 7; Repealed, L. 1985, ch. 114, § 30; July 1.
History: L. 1970, ch. 166, § 8; Repealed, L. 1985, ch. 114, § 30; July 1.
History: L. 1970, ch. 166, § 9; Repealed, L. 1985, ch. 114, § 30; July 1.
Revisor's Note: Section transferred to 23-2201.
Revisor's Note: Section transferred to 23-2205.
Revisor's Note: Section transferred to 23-2206.
Revisor's Note: Section transferred to 23-2207.
Revisor's Note: Section transferred to 23-2208.
Revisor's Note: Section transferred to 23-2209.
Revisor's Note: Section transferred to 23-2210.
Revisor's Note: Section transferred to 23-2211.
Revisor's Note: Section transferred to 23-2212.
Revisor's Note: Section transferred to 23-2213.
Revisor's Note: Section transferred to 23-2214.
Revisor's Note: Section transferred to 23-2215.
Revisor's Note: Section transferred to 23-2216.
Revisor's Note: Section transferred to 23-2217.
Revisor's Note: Section transferred to 23-2218.
Revisor's Note: Section transferred to 23-2219.
Revisor's Note: Section transferred to 23-2220.
Revisor's Note: Section transferred to 23-2221.
Revisor's Note: Section transferred to 23-2222.
History: L. 1985, ch. 114, § 20; L. 1986, ch. 157, § 3; L. 1987, ch. 150, § 1; L. 1987, ch. 151, § 1; Repealed, L. 1990, ch. 145, § 38; July 1.
Revisor's Note: Section transferred to 23-2223.
Revisor's Note: Section transferred to 23-2224.
Revisor's Note: Section transferred to 23-2225.
Revisor's Note: Section transferred to 23-2202.
Revisor's Note: Section transferred to 23-2203.
Revisor's Note: Section transferred to 23-2204.
It is hereby found and declared: (1) That finding suitable homes for children who have lost or never had them requires the full attention and resources of the state of Kansas; (2) that the needs of children and of adults cannot be met by restricting child placement services and supervision to the state of Kansas; (3) that would-be parents and children have need for love and security and fulfillment that can be met only when children in need of placement are matched with adults who can care for them; (4) a variety of circumstances makes interstate placements of children essential and offers compelling reasons for an interstate compact under which the jurisdictional, administrative and human rights and obligations involved can be protected.
It shall therefore be the policy of this state, in adopting the interstate compact on the placement of children, to cooperate fully with other states in providing that no children shall be sent or brought into any other party state for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this interstate compact.
History: L. 1976, ch. 206, § 1; July 1.
The interstate compact on the placement of children is hereby enacted into law and entered into with any other state or states legally joining therein in the form substantially as follows:
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
The contracting states solemnly agree that:
ARTICLE I.
Purpose and Policy
It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:
(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangements for the care of children will be promoted.
ARTICLE II.
Definitions
As used in this compact: (a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.
(b) "Sending agency" means a party state; officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state, a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state.
(c) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.
(d) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.
ARTICLE III.
Conditions for Placement
(a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.
(b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:
(1) The name, date and place of birth of the child.
(2) The identity and address or addresses of the parents or legal guardian.
(3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child.
(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.
(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.
ARTICLE IV.
Penalty for Illegal Placement
The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.
ARTICLE V.
Retention of Jurisdiction
(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.
(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.
(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state, nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.
ARTICLE VI.
Institutional Care of Delinquent Children
A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that:
(1) Equivalent facilities for the child are not available in the sending agency's jurisdiction; and
(2) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
ARTICLE VII.
Compact Administrator
The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.
ARTICLE VIII.
Limitations
This compact shall not apply to: (a) The sending or bringing of a child into a receiving state by his parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or non-agency guardian in the receiving state.
(b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.
ARTICLE IX.
Enactment and Withdrawal
This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two (2) years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.
ARTICLE X.
Construction and Severability
The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
History: L. 1976, ch. 206, § 2; July 1.
Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. Said compact administrator shall serve subject to the pleasure of the governor. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state hereunder.
History: L. 1976, ch. 206, § 3; July 1.
The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, said supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
History: L. 1976, ch. 206, § 4; July 1.
The compact administrator, subject to the approval of the state director of accounts and reports, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
History: L. 1976, ch. 206, § 5; July 1.
The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions. Failure to comply with the provisions of the interstate compact on the placement of children by any professional providing services related to the placement of children is a class C misdemeanor. For the purposes of this section, "professional" means any person who receives payment or compensation for providing services related to the placement of children for adoption.
History: L. 1976, ch. 206, § 6; L. 1990, ch. 145, § 34; July 1.
History: L. 1978, ch. 231, § 1; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 2; L. 1983, ch. 140, § 10; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 3; L. 1983, ch. 140, § 11; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 4; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 5; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 6; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 7; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 8; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 9; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 10; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 11, 12; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 13; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 14; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 15; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, §§ 16 to 21; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 22; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, § 23; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1978, ch. 231, §§ 24 to 26; Repealed, L. 2000, ch. 171, § 84; July 1.
History: L. 1980, ch. 175, § 1; Repealed, L. 2000, ch. 171, § 84; July 1.
Revisor's Note: Section transferred to 23-37,101.
Revisor's Note: Section transferred to 23-37,102.
Revisor's Note: Section transferred to 23-37,103.
Revisor's Note: Section transferred to 23-37,104.
Revisor's Note: Section transferred to 23-37,105.
Revisor's Note: Section transferred to 23-37,106.
Revisor's Note: Section transferred to 23-37,107.
Revisor's Note: Section transferred to 23-37,108.
Revisor's Note: Section transferred to 23-37,109.
Revisor's Note: Section transferred to 23-37,110.
Revisor's Note: Section transferred to 23-37,111.
Revisor's Note: Section transferred to 23-37,112.
Revisor's Note: Section transferred to 23-37,201.
Revisor's Note: Section transferred to 23-37,202.
Revisor's Note: Section transferred to 23-37,203.
Revisor's Note: Section transferred to 23-37,204.
Revisor's Note: Section transferred to 23-37,205.
Revisor's Note: Section transferred to 23-37,206.
Revisor's Note: Section transferred to 23-37,207.
Revisor's Note: Section transferred to 23-37,208.
Revisor's Note: Section transferred to 23-37,209.
Revisor's Note: Section transferred to 23-37,210.
Revisor's Note: Section transferred to 23-37,301.
Revisor's Note: Section transferred to 23-37,302.
Revisor's Note: Section transferred to 23-37,303.
Revisor's Note: Section transferred to 23-37,304.
Revisor's Note: Section transferred to 23-37,305.
Revisor's Note: Section transferred to 23-37,306.
Revisor's Note: Section transferred to 23-37,307.
Revisor's Note: Section transferred to 23-37,308.
Revisor's Note: Section transferred to 23-37,309.
Revisor's Note: Section transferred to 23-37,310.
Revisor's Note: Section transferred to 23-37,311.
Revisor's Note: Section transferred to 23-37,312.
Revisor's Note: Section transferred to 23-37,313.
Revisor's Note: Section transferred to 23-37,314.
Revisor's Note: Section transferred to 23-37,315.
Revisor's Note: Section transferred to 23-37,316.
Revisor's Note: Section transferred to 23-37,317.
Revisor's Note: Section transferred to 23-37,401.
Revisor's Note: Section transferred to 23-37,402.
Revisor's Note: Section transferred to 23-37,405.
Revisor's Note: Section transferred to 23-3801.
Revisor's Note: Section transferred to 23-3802.
Revisor's Note: Section transferred to 23-3803.
Revisor's Note: Section transferred to 23-3804.
Revisor's Note: Section transferred to 23-3805.
Revisor's Note: Section transferred to 23-3806.
Revisor's Note: Section transferred to 23-3807.
Revisor's Note: Section transferred to 23-3808.
Revisor's Note: Section transferred to 23-3809.
Revisor's Note: Section transferred to 23-3810.
Revisor's Note: Section transferred to 23-3811.
Revisor's Note: Section transferred to 23-3812.
History: L. 1980, ch. 289, § 1; L. 1981, ch. 299, § 48; L. 1982, ch. 357, § 18; L. 1986, ch. 339, § 1; Repealed, L. 1992, ch. 313, § 16; September 1.
History: L. 1980, ch. 289, §§ 2 to 4; Repealed, L. 1992, ch. 313, § 16; September 1.
History: L. 1991, ch. 251, § 1; Repealed, L. 1992, ch. 313, § 16; September 1.
History: L. 1982, ch. 182, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
Revisor's Note: Section was amended twice in 1985 session, see also 38-1502a. Section was amended twice in the 1996 session, see also 38-1502b. Section was amended twice in the 1998 session; see also 38-1502c. Section was also amended by L. 1999, ch. 116, § 42, but that version was repealed by L. 1999, ch. 156, § 29. Section was amended twice in the 2000 session, see also 38-1502d.
History: L. 1982, ch. 182, § 2; L. 1983, ch. 140, § 12; L. 1984, ch. 153, § 1; L. 1985, ch. 144, § 1; L. 1986, ch. 158, § 2; L. 1987, ch. 112, § 36; L. 1988, ch. 138, § 1; L. 1989, ch. 95, § 7; L. 1990, ch. 146, § 2; L. 1990, ch. 150, § 4; L. 1992, ch. 318, § 7; L. 1994, ch. 270, § 3; L. 1994, ch. 337, § 1; L. 1996, ch. 214, § 38; L. 1998, ch. 139, § 1; L. 1999, ch. 156, § 4; L. 2000, ch. 150, § 3; L. 2001, ch. 211, § 10; L. 2002, ch. 36, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 2; L. 1983, ch. 140, § 12; L. 1984, ch. 153, § 1; L. 1985, ch. 145, § 3; Repealed, L. 1986, ch. 158, § 4; July 1.
History: L. 1982, ch. 182, § 2; L. 1983, ch. 140, § 12; L. 1984, ch. 153, § 1; L. 1985, ch. 144, § 1; L. 1986, ch. 158, § 2; L. 1987, ch. 112, § 36; L. 1988, ch. 138, § 1; L. 1989, ch. 95, § 7; L. 1990, ch. 146, § 2; L. 1990, ch. 150, § 4; L. 1992, ch. 318, § 7; L. 1994, ch. 270, § 3; L. 1994, ch. 337, § 1; L. 1996, ch. 229, § 31; Repealed, L. 1998, ch. 139, § 12; Repealed, L. 1998, ch. 171, § 31; July 1.
History: L. 1982, ch. 182, § 2; L. 1983, ch. 140, § 12; L. 1984, ch. 153, § 1; L. 1985, ch. 144, § 1; L. 1986, ch. 158, § 2; L. 1987, ch. 112, § 36; L. 1988, ch. 138, § 1; L. 1989, ch. 95, § 7; L. 1990, ch. 146, § 2; L. 1990, ch. 150, § 4; L. 1992, ch. 318, § 7; L. 1994, ch. 270, § 3; L. 1994, ch. 337, § 1; L. 1996, ch. 214, § 38; L. 1998, ch. 171, § 6; Repealed, L. 1999, ch. 116, § 51; Repealed, L. 1999, ch. 156, § 29; May 27.
History: L. 1982, ch. 182, § 2; L. 1983, ch. 140, § 12; L. 1984, ch. 153, § 1; L. 1985, ch. 144, § 1; L. 1986, ch. 158, § 2; L. 1987, ch. 112, § 36; L. 1988, ch. 138, § 1; L. 1989, ch. 95, § 7; L. 1990, ch. 146, § 2; L. 1990, ch. 150, § 4; L. 1992, ch. 318, § 7; L. 1994, ch. 270, § 3; L. 1994, ch. 337, § 1; L. 1996, ch. 214, § 38; L. 1998, ch. 139, § 1; L. 1999, ch. 156, § 4; L. 2000, ch. 171, § 82; Repealed, L. 2001, ch. 211, § 18; July 1.
Revisor's Note: Section was amended twice in the 2000 session, see also 38-1503a.
History: L. 1982, ch. 182, § 3; L. 1991, ch. 111, § 1; L. 2000, ch. 150, § 4; L. 2001, ch. 211, § 11; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
Revisor's Note: Section was amended twice in the 2000 session, see also 38-1503.
History: L. 1982, ch. 182, § 3; L. 1991, ch. 111, § 1; L. 2000, ch. 171, § 74; Repealed, L. 2001, ch. 211, § 18; July 1.
History: L. 1982, ch. 182, § 4; L. 1983, ch. 140, § 13; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 5; L. 1983, ch. 191, § 22; L. 1996, ch. 167, § 48; L. 2002, ch. 114, § 53; L. 2003, ch. 67, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1985, ch. 145, § 4; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
Revisor's Note: Section transferred to 38-2209.
Revisor's Note: Section transferred to 38-2210.
Revisor's Note: Section transferred to 38-2211.
Revisor's Note: Section was amended twice in 1992 session, see also 38-1507a. Section transferred to 38-2212.
History: L. 1982, ch. 182, § 7; L. 1983, ch. 140, § 14; L. 1985, ch. 145, § 1; L. 1988, ch. 138, § 2; L. 1990, ch. 147, § 1; L. 1992, ch. 312, § 37; Repealed, L. 1996, ch. 229, § 162; July 1.
History: L. 1992, ch. 318, § 4; L. 1996, ch. 229, § 34; Repealed, L. 2004, ch. 178, § 7; July 1.
Revisor's Note: Section transferred to 38-2213.
History: L. 1982, ch. 182, § 9; Repealed, L. 1983, ch. 140, § 49; July 1.
History: L. 1982, ch. 182, § 10; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 11; L. 1992, ch. 128, § 9; L. 1996, ch. 234, § 11; L. 2006, ch. 215, § 8; Repealed, L. 2009, ch. 116, § 27; July 1.
History: L. 1982, ch. 182, § 12; L. 1983, ch. 140, § 16; L. 1985, ch. 115, § 41; L. 1991, ch. 112, § 2; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 13; L. 1983, ch. 140, § 17; L. 1985, ch. 146, § 1; L. 1986, ch. 211, § 31; L. 1992, ch. 312, § 2; L. 1994, ch. 301, § 31; L. 1996, ch. 167, § 49; L. 2000, ch. 150, § 6; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1985, ch. 146, § 2; L. 1987, ch. 268, § 1; L. 1999, ch. 116, § 36; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 2005, ch. 171, § 23; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 14; L. 1990, ch. 147, § 2; L. 1991, ch. 113, § 1; L. 1991, ch. 114, § 14; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 15; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 16; L. 1988, ch. 218, § 1; L. 1992, ch. 312, § 3; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 17; L. 1983, ch. 140, § 18; L. 1988, ch. 138, § 9; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
(a) Fingerprints or photographs shall not be taken of any person under 18 years of age who is taken into custody for any purpose, except:
(1) As authorized by K.S.A. 38-2313, and amendments thereto; or
(2) if authorized by a judge of the district court having jurisdiction.
(b) Fingerprints and photographs taken under subsection (a)(2) shall be kept readily distinguishable from those of persons of the age of majority.
(c) Fingerprints and photographs taken under subsection (a)(2) may be sent to a state or federal repository only if authorized by a judge of the district court having jurisdiction.
(d) Nothing in this section shall preclude the custodian of the child from authorizing photographs or fingerprints of the child to be used in any action under the Kansas parentage act, K.S.A. 23-2201 et seq., and amendments thereto.
(e) This section shall be part of and supplemental to the Kansas code for care of children.
History: L. 1984, ch. 157, § 1; L. 1992, ch. 312, § 4; L. 2006, ch. 169, § 107; L. 2012, ch. 162, § 58; May 31.
History: L. 1984, ch. 115, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1984, ch. 115, § 2; L. 1986, ch. 159, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 18; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
Revisor's Note: Section was amended twice in 1986 Session, see also 38-1522a.
History: L. 1982, ch. 182, § 19; L. 1983, ch. 140, § 19; L. 1985, ch. 147, § 8; L. 1986, ch. 299, § 4; L. 1987, ch. 152, § 1; L. 1988, ch. 140, § 2; L. 1991, ch. 114, § 13; L. 1992, ch. 312, § 38; L. 1996, ch. 229, § 36; L. 1997, ch. 156, § 43; L. 2001, ch. 154, § 2; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 19; L. 1983, ch. 140, § 19; L. 1985, ch. 147, § 8; L. 1986, ch. 160, § 1; Repealed, L. 1987, ch. 152, § 2; July 1.
History: L. 1988, ch. 140, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 20; L. 1983, ch. 140, § 20; L. 1984, ch. 154, § 1; L. 1988, ch. 140, § 3; L. 1990, ch. 147, § 3; L. 1992, ch. 86, § 1; L. 1996, ch. 139, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1988, ch. 138, § 3; L. 1990, ch. 147, § 4; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 21; L. 1983, ch. 140, § 21; L. 1988, ch. 138, § 4; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 22; L. 1985, ch. 148, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 23; L. 1983, ch. 140, § 22; L. 1984, ch. 155, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 24; L. 1984, ch. 156, § 1; L. 1984, ch. 157, § 7; L. 1986, ch. 161, § 1; L. 1988, ch. 138, § 5; L. 1995, ch. 29, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 25; L. 1983, ch. 140, § 23; L. 1984, ch. 156, § 2; L. 1984, ch. 157, § 8; L. 1986, ch. 161, § 2; L. 1988, ch. 138, § 6; L. 1995, ch. 29, § 2; L. 1996, ch. 229, § 37; L. 1999, ch. 156, § 5; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 26; L. 2000, ch. 174, § 13; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1987, ch. 246, § 4; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 27; L. 1992, ch. 312, § 5; L. 2000, ch. 150, § 7; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 28; L. 1998, ch. 187, § 17; L. 2000, ch. 150, § 8; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 29; L. 1983, ch. 140, § 24; L. 1992, ch. 312, § 6; L. 2000, ch. 171, § 83; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 30; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 31; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 32; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 33; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 34; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 35; L. 1986, ch. 161, § 4; L. 1988, ch. 138, § 7; L. 1992, ch. 318, § 10; L. 1999, ch. 156, § 6; L. 2000, ch. 150, § 9; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
Revisor's Note: Section was amended twice in 1992 session, see also 38-1543a.
History: L. 1982, ch. 182, § 36; L. 1986, ch. 161, § 5; L. 1988, ch. 138, § 10; L. 1992, ch. 318, § 11; L. 1994, ch. 301, § 4; L. 1999, ch. 156, § 7; L. 2000, ch. 150, § 10; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 36; L. 1986, ch. 161, § 5; L. 1988, ch. 138, § 10; L. 1992, ch. 312, § 7; Repealed, L. 1994, ch. 301, § 85; July 1.
History: L. 1982, ch. 182, § 37; L. 1983, ch. 140, § 25; L. 1994, ch. 301, § 84; L. 2000, ch. 150, § 11; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 38; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1987, ch. 149, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 39; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 40; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 2003, ch. 141, § 1; L. 2005, ch. 197, § 3; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 41; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 42; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 43; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 44; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
Revisor's Note: Criminal proceedings, see 22-3434.
History: L. 1985, ch. 112, §§ 1, 2; L. 1986, ch. 119, §§ 7, 8; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1994, ch. 301, § 11; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 45; L. 1998, ch. 139, § 2; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 46; L. 1985, ch. 144, § 2; L. 1996, ch. 229, § 38; L. 1998, ch. 139, § 3; L. 1999, ch. 156, § 8; L. 2000, ch. 150, § 12; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 47; L. 1984, ch. 152, § 4; L. 1985, ch. 144, § 3; L. 1986, ch. 161, § 6; L. 1989, ch. 95, § 8; L. 1992, ch. 312, § 8; L. 1995, ch. 268, § 1; L. 1998, ch. 139, § 4; L. 2000, ch. 150, § 13; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 48; L. 1985, ch. 144, § 4; L. 1992, ch. 312, § 9; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 49; L. 1985, ch. 145, § 2; L. 1987, ch. 153, § 1; L. 1989, ch. 122, § 1; L. 1990, ch. 148, § 1; L. 1994, ch. 301, § 5; L. 1998, ch. 139, § 5; L. 1999, ch. 156, § 9; L. 2000, ch. 150, § 14; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 50; L. 1983, ch. 140, § 26; L. 2000, ch. 150, § 15; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 51; L. 2000, ch. 150, § 16; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1988, ch. 138, § 8; L. 1992, ch. 318, § 12; L. 2000, ch. 150, § 17; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1989, ch. 122, § 3; L. 1996, ch. 229, § 39; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1994, ch. 282, § 11; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 52; L. 1998, ch. 139, § 6; L. 2000, ch. 150, § 18; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 53; L. 1994, ch. 301, § 6; L. 1998, ch. 139, § 7; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
Revisor's Note: Section was amended twice in the 2000 session, see also 38-1583a.
History: L. 1982, ch. 182, § 54; L. 1983, ch. 140, § 27; L. 1991, ch. 115, § 1; L. 1993, ch. 195, § 1; L. 1994, ch. 301, § 7; L. 1998, ch. 139, § 8; L. 1999, ch. 156, § 10; L. 2000, ch. 150, § 19; L. 2001, ch. 211, § 12; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
Revisor's Note: Section was amended twice in the 2000 session, see also 38-1583.
History: L. 1982, ch. 182, § 54; L. 1983, ch. 140, § 27; L. 1991, ch. 115, § 1; L. 1993, ch. 195, § 1; L. 1994, ch. 301, § 7; L. 1998, ch. 139, § 8; L. 1999, ch. 156, § 10; L. 2000, ch. 174, § 14; Repealed, L. 2001, ch. 211, § 18; July 1.
Revisor's Note: Section was amended twice in 1985 session, see also 38-1584a.
History: L. 1982, ch. 182, § 55; L. 1983, ch. 140, § 28; L. 1985, ch. 144, § 5; L. 1987, ch. 153, § 2; L. 1994, ch. 301, § 8; L. 2000, ch. 150, § 20; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 55; L. 1983, ch. 140, § 28; L. 1985, ch. 148, § 2; Repealed, L. 1987, ch. 153, § 3; July 1.
History: L. 1992, ch. 318, § 8; L. 1994, ch. 301, § 9; L. 1998, ch. 139, § 9; L. 2000, ch. 174, § 15; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1992, ch. 298, § 87; L. 1993, ch. 258, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1999, ch. 156, § 3; L. 2000, ch. 150, § 21; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 56; L. 1986, ch. 115, § 81; L. 1994, ch. 301, § 10; L. 2000, ch. 150, § 22; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 57; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 58; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1990, ch. 150, § 5; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1992, ch. 312, §§ 10 to 13; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 2000, ch. 150, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 2000, ch. 174, § 11; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 2004, ch. 137, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
History: L. 1982, ch. 182, § 59; L. 1996, ch. 229, § 2; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
Revisor's Note: Section was also amended by L. 1990, ch. 146, § 3, effective May 3, 1990, but such amendment was repealed by L. 1990, ch. 150, § 14, effective Jan. 1, 1993. Section was also amended by L. 1993, ch. 209, § 2, but that version was repealed by L. 1993, ch. 291, § 283. Section was amended twice in the 1998 session; see also 38-1602a. Section was amended twice in 1999 session, see also 38-1602b.
History: L. 1982, ch. 182, § 60; L. 1983, ch. 140, § 29; L. 1986, ch. 162, § 1; L. 1987, ch. 112, § 37; L. 1989, ch. 95, § 9; L. 1990, ch. 146, § 3; L. 1990, ch. 150, § 6; L. 1993, ch. 291, § 220; L. 1994, ch. 270, § 4; L. 1994, ch. 337, § 2; L. 1996, ch. 229, § 40; L. 1996, ch. 229, § 41; L. 1997, ch. 156, § 44; L. 1997, ch. 156, § 45; L. 1998, ch. 171, § 8; L. 1999, ch. 156, § 11; L. 2003, ch. 72, § 2; L. 2003, ch. 158, § 3; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 60; L. 1983, ch. 140, § 29; L. 1986, ch. 162, § 1; L. 1987, ch. 112, § 37; L. 1989, ch. 95, § 9; L. 1990, ch. 146, § 3; L. 1990, ch. 150, § 6; L. 1993, ch. 291, § 220; L. 1994, ch. 270, § 4; L. 1994, ch. 337, § 2; L. 1996, ch. 229, § 40; L. 1996, ch. 229, § 41; L. 1997, ch. 156, § 44; L. 1997, ch. 156, § 45; L. 1998, ch. 187, § 2; Repealed, L. 1999, ch. 116, § 51; Repealed, L. 1999, ch. 156, § 29; May 27.
History: L. 1982, ch. 182, § 60; L. 1983, ch. 140, § 29; L. 1986, ch. 162, § 1; L. 1987, ch. 112, § 37; L. 1989, ch. 95, § 9; L. 1990, ch. 146, § 3; L. 1990, ch. 150, § 6; L. 1993, ch. 291, § 220; L. 1994, ch. 270, § 4; L. 1994, ch. 337, § 2; L. 1996, ch. 229, § 40; L. 1996, ch. 229, § 41; L. 1997, ch. 156, § 44; L. 1997, ch. 156, § 45; L. 1998, ch. 171, § 8; L. 1999, ch. 116, § 44; Repealed, L. 2000, ch. 159, § 14; July 1.
History: L. 1982, ch. 182, § 61; L. 1991, ch. 116, § 1; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 62; L. 1996, ch. 229, § 42; L. 1997, ch. 156, § 46; L. 1997, ch. 156, § 47; L. 1998, ch. 187, § 3; L. 1999, ch. 156, § 12; L. 2006, ch. 200, § 93; Repealed, L. 2013, ch. 51, § 2; July 1.
History: L. 1982, ch. 182, § 63; L. 1996, ch. 229, § 43; L. 1999, ch. 51, § 1; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 64; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1994, ch. 282, § 9; L. 1996, ch. 229, § 44; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
Revisor's Note: Section was amended twice in 1992 session, see also 38-1607a.
History: L. 1982, ch. 182, § 65; L. 1988, ch. 139, § 2; L. 1990, ch. 147, § 5; L. 1992, ch. 318, § 5; L. 1993, ch. 164, § 1; L. 1994, ch. 270, § 7; L. 1996, ch. 229, § 45; L. 1996, ch. 229, § 46; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 65; L. 1988, ch. 139, § 2; L. 1990, ch. 147, § 5; L. 1992, ch. 286, § 14; Repealed, L. 1993, ch. 164, § 3; July 1.
History: L. 1982, ch. 182, § 66; L. 1983, ch. 140, § 30; L. 1984, ch. 157, § 2; L. 1990, ch. 147, § 6; L. 1992, ch. 318, § 6; L. 1993, ch. 164, § 2; L. 1994, ch. 270, § 8; L. 1996, ch. 229, § 47; L. 1996, ch. 229, § 48; L. 1997, ch. 156, § 48; L. 1998, ch. 171, § 9; L. 2006, ch. 200, § 94; Repealed, L. 2013, ch. 51, § 2; July 1.
History: L. 1982, ch. 182, § 67; L. 1990, ch. 147, § 7; L. 1996, ch. 229, § 49; L. 2003, ch. 66, § 2; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 68; L. 1983, ch. 140, § 31; L. 1986, ch. 129, § 2; L. 1989, ch. 96, § 2; L. 1992, ch. 312, § 14; L. 1996, ch. 229, § 50; L. 1997, ch. 156, § 49; L. 1998, ch. 131, § 7; L. 2005, ch. 168, § 3; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 69; L. 1983, ch. 140, § 32; L. 1984, ch. 157, § 3; L. 1992, ch. 312, § 15; L. 1993, ch. 291, § 221; L. 1994, ch. 291, § 68; L. 1996, ch. 229, § 51; L. 1997, ch. 156, § 50; L. 2001, ch. 208, § 17; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 70; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
Revisor's Note: Section was also amended by L. 1996, ch. 229, § 52, but that version was repealed by L. 1997, ch. 156, § 115.
History: L. 1982, ch. 182, § 71; L. 1992, ch. 128, § 10; L. 1996, ch. 234, § 12; L. 1997, ch. 156, § 51; L. 2006, ch. 215, § 9; Repealed, L. 2009, ch. 116, § 27; July 1.
Revisor's Note: Section was also amended by L. 1996, ch. 229, § 53, but that version was repealed by L. 1997, ch. 156, § 115.
History: L. 1982, ch. 182, § 72; L. 1983, ch. 140, § 33; L. 1986, ch. 211, § 32; L. 1991, ch. 117, § 1; L. 1996, ch. 167, § 50; L. 1997, ch. 156, § 52; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 73; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 74; L. 1983, ch. 140, § 34; L. 1984, ch. 157, § 5; L. 1985, ch. 115, § 42; L. 1991, ch. 112, § 3; L. 1995, ch. 214, § 1; L. 1996, ch. 229, § 54; L. 1996, ch. 229, § 55; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1983, ch. 140, § 35; L. 1996, ch. 229, § 56; L. 1996, ch. 229, § 57; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1983, ch. 140, § 36; L. 1984, ch. 157, § 4; L. 1986, ch. 159, § 2; L. 1990, ch. 149, § 2; L. 1996, ch. 229, § 58; L. 1996, ch. 229, § 59; L. 1997, ch. 156, § 53; L. 1998, ch. 171, § 10; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 75; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 76; L. 1992, ch. 312, § 16; L. 1996, ch. 229, § 60; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 77; L. 1995, ch. 251, § 30; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 78; L. 1983, ch. 140, § 37; L. 1984, ch. 157, § 6; L. 1986, ch. 156, § 2; L. 1986, ch. 162, § 3; L. 1986, ch. 163, § 1; L. 1993, ch. 291, § 275; L. 1996, ch. 229, § 61; L. 1996, ch. 229, § 62; L. 1998, ch. 187, § 4; L. 1999, ch. 156, § 13; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 79; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 80; L. 1983, ch. 140, § 38; L. 1992, ch. 312, § 17; L. 1996, ch. 229, § 63; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, §§ 81 to 84; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 85; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
Revisor's Note: Section was also amended by L. 1992, ch. 312, § 18, effective July 1, 1992, but such amendment was repealed by L. 1992, ch. 312, § 42, effective Jan. 1, 1993.
History: L. 1982, ch. 182, § 86; L. 1986, ch. 162, § 4; L. 1990, ch. 150, § 1; L. 1992, ch. 312, § 19; L. 1996, ch. 229, § 64; L. 1997, ch. 156, § 54; L. 2000, ch. 150, § 23; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 87; L. 1996, ch. 229, § 65; L. 1997, ch. 156, § 55; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 88; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 89; L. 1995, ch. 214, § 2; L. 1996, ch. 229, § 66; L. 1997, ch. 156, § 56; L. 2004, ch. 144, § 3; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 90; L. 1986, ch. 115, § 82; L. 1990, ch. 149, § 3; L. 1991, ch. 89, § 2; L. 1992, ch. 239, § 298; L. 1993, ch. 291, § 222; L. 1996, ch. 229, § 67; L. 1997, ch. 156, § 57; L. 1997, ch. 156, § 58; L. 1998, ch. 187, § 5; L. 1999, ch. 156, § 14; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 91; L. 1983, ch. 140, § 39; L. 1986, ch. 299, § 5; L. 1992, ch. 312, § 20; L. 1996, ch. 229, § 68; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, §§ 92, 93; L. 1996, ch. 229, §§ 69, 70; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
Revisor's Note: Section was also amended by L. 1996, ch. 229, § 71, but that version was repealed by L. 1997, ch. 156, § 115.
History: L. 1986, ch. 162, § 2; L. 1996, ch. 185, § 4; L. 1997, ch. 156, § 59; L. 1998, ch. 187, § 6; L. 1999, ch. 156, § 15; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1994, ch. 282, § 6; L. 1994, ch. 337, § 4; L. 1996, ch. 229, § 72; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 94; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 95; L. 1993, ch. 166, § 5; L. 1995, ch. 243, § 1; L. 1996, ch. 229, § 73; L. 1997, ch. 156, § 60; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 96; L. 1996, ch. 229, § 74; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 97; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 98; L. 1995, ch. 251, § 31; L. 1996, ch. 229, § 75; L. 1999, ch. 116, § 45; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 99; L. 1996, ch. 229, § 76; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1986, ch. 119, §§ 5, 6; L. 1996, ch. 229, §§ 77, 78; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 100; L. 1990, ch. 147, § 8; L. 1996, ch. 229, § 79; L. 1997, ch. 156, § 61; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 101; L. 1990, ch. 147, § 9; L. 1991, ch. 113, § 2; L. 1996, ch. 229, § 80; L. 1997, ch. 156, § 62; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
Revisor's Note: Section was amended twice in 1989 session, see also 38-1663a. Section was amended twice in 1990 session, see also 38-1663b. This section was also amended by L. 1992, ch. 239, § 280, but such amended version was repealed by L. 1993, ch. 291, § 283, effective July 1, 1993. Section was also amended by L. 1997, ch. 156, § 64, but that version was repealed by L. 1998, ch. 187, § 19.
History: L. 1982, ch. 182, § 102; L. 1987, ch. 154, § 1; L. 1989, ch. 95, § 10; L. 1990, ch. 48, § 1; L. 1992, ch. 312, § 21; L. 1993, ch. 291, § 223; L. 1994, ch. 270, § 5; L. 1994, ch. 337, § 3; L. 1996, ch. 229, § 81; L. 1997, ch. 156, § 63; L. 1998, ch. 187, § 7; L. 1998, ch. 187, § 8; L. 1999, ch. 156, § 16; L. 2000, ch. 150, § 24; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 102; L. 1987, ch. 154, § 1; L. 1989, ch. 92, § 29; Repealed, L. 1990, ch. 151, § 2; July 1.
History: L. 1982, ch. 182, § 102; L. 1987, ch. 154, § 1; L. 1989, ch. 95, § 10; L. 1990, ch. 151, § 1; Repealed, L. 1992, ch. 312, § 41; Repealed, L. 1992, ch. 239, § 303; July 1, 1993.
History: L. 1982, ch. 182, § 103; L. 1989, ch. 122, § 2; L. 1990, ch. 150, § 8; L. 1994, ch. 324, § 1; L. 1996, ch. 229, § 82; L. 1999, ch. 156, § 17; L. 2000, ch. 150, § 25; L. 2006, ch. 200, § 95; Repealed, L. 2013, ch. 51, § 2; July 1.
History: L. 1982, ch. 182, § 104; L. 1992, ch. 312, § 22; L. 1996, ch. 229, § 83; L. 2003, ch. 66, § 1; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 105; L. 1992, ch. 312, § 23; L. 1996, ch. 229, § 84; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 106; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1994, ch. 282, § 7; L. 1994, ch. 337, § 5; L. 1996, ch. 229, § 85; L. 1997, ch. 156, § 65; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 107; L. 1990, ch. 150, § 9; L. 1994, ch. 282, § 1; L. 1996, ch. 229, § 86; L. 1997, ch. 156, § 66; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 108; L. 1996, ch. 229, § 87; Repealed, L. 1997, ch. 156, § 115; July 1.
History: L. 1982, ch. 182, § 109; L. 1983, ch. 140, § 40; L. 1990, ch. 149, § 4; L. 1994, ch. 282, § 2; L. 1996, ch. 229, § 88; L. 1997, ch. 156, § 67; L. 1999, ch. 156, § 18; L. 2000, ch. 150, § 26; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 110; L. 1996, ch. 229, § 89; L. 1997, ch. 156, § 68; L. 1997, ch. 156, § 69; L. 2000, ch. 150, § 27; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 111; L. 1990, ch. 149, § 5; L. 1994, ch. 282, § 3; L. 1996, ch. 229, § 90; L. 1997, ch. 156, § 70; L. 1997, ch. 156, § 71; L. 2000, ch. 150, § 28; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1990, ch. 149, § 12; L. 1994, ch. 282, § 4; L. 1996, ch. 229, § 91; L. 1997, ch. 156, § 72; L. 2000, ch. 150, § 29; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1994, ch. 282, § 12; L. 1996, ch. 229, § 92; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 112; L. 1996, ch. 229, § 93; L. 1997, ch. 156, § 73; L. 1997, ch. 156, § 74; L. 1999, ch. 156, § 19; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 113; L. 1983, ch. 140, § 41; L. 1996, ch. 229, § 94; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 114; L. 1986, ch. 115, § 83; L. 1994, ch. 282, § 10; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 115; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1982, ch. 182, § 116; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1990, ch. 150, § 7; L. 1996, ch. 229, § 95; L. 1997, ch. 156, § 75; L. 1998, ch. 187, § 10; L. 2000, ch. 150, § 30; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
Revisor's Note: Section was also amended by L. 1996, ch. 229, § 96, but that version was repealed by L. 1997, ch. 156, § 115.
History: L. 1993, ch. 242, § 1; L. 1995, ch. 251, § 32; L. 1996, ch. 215, § 6; L. 1997, ch. 156, § 76; L. 2001, ch. 102, § 4; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1990, ch. 149, § 10; L. 1996, ch. 229, § 97; L. 1997, ch. 156, § 77; L. 1997, ch. 156, § 78; L. 1998, ch. 187, § 11; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1990, ch. 149, § 11; L. 1992, ch. 239, § 299; L. 1993, ch. 291, § 224; Repealed, L. 1996, ch. 229, § 163; July 1, 1997.
History: L. 1992, ch. 312, §§ 24 to 26; L. 1996, ch. 229, §§ 98 to 100; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1992, ch. 312, § 27; L. 1996, ch. 229, § 101; L. 2000, ch. 171, § 13; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1992, ch. 312, § 28; L. 1996, ch. 229, § 102; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1996, ch. 229, § 8; L. 1997, ch. 156, § 79; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1996, ch. 229, § 9; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1996, ch. 229, § 16; L. 1997, ch. 156, § 80; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1997, ch. 156, § 23; L. 1998, ch. 187, § 9; L. 1999, ch. 156, § 20; L. 2000, ch. 150, § 31; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1997, ch. 156, § 24; Repealed, L. 2007, ch. 195, § 59; July 1.
History: L. 1997, ch. 156, § 25; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 1999, ch. 156, § 2; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 2000, ch. 150, § 34; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
History: L. 2003, ch. 29, §§ 2, 3; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
This act may be cited as the Kansas uniform transfers to minors act.
History: L. 1985, ch. 143, § 24; July 1.
In this act:
(1) "Adult" means an individual who has attained the age of 21 years.
(2) "Benefit plan" means an employer's plan for the benefit of an employee or partner.
(3) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
(4) "Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
(5) "Court" means district court.
(6) "Custodial property" means (i) any interest in property transferred to a custodian under this act and (ii) the income from and proceeds of that interest in property.
(7) "Custodian" means a person so designated under K.S.A. 38-1710 or a successor or substitute custodian designated under K.S.A. 38-1719.
(8) "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.
(9) "Legal representative" means an individual's personal representative or conservator.
(10) "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(11) "Minor" means an individual who has not attained the age of 21 years.
(12) "Person" means an individual, corporation, organization, or other legal entity.
(13) "Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
(14) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(15) "Transfer" means a transaction that creates custodial property under K.S.A. 38-1710.
(16) "Transferor" means a person who makes a transfer under this act.
(17) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
History: L. 1985, ch. 143, § 1; July 1.
(a) This act applies to a transfer that refers to this act in the designation under subsection (a) of K.S.A. 38-1710 by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this act despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state.
(b) A person designated as custodian under this act is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
(c) A transfer that purports to be made and which is valid under the uniform transfers to minors act, the uniform gifts to minors act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
History: L. 1985, ch. 143, § 2; July 1.
(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for _____________(name of minor) under the Kansas uniform transfers to minors act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under subsection (a) of K.S.A. 38-1710.
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under K.S.A. 38-1710. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to K.S.A. 38-1710.
History: L. 1985, ch. 143, § 3; July 1.
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to K.S.A. 38-1710.
History: L. 1985, ch. 143, § 4; July 1.
(a) A personal representative or trustee may make an irrevocable transfer pursuant to K.S.A. 38-1710 to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b) If the testator or settlor has nominated a custodian under K.S.A. 38-1704 to receive the custodial property, the transfer must be made to that person.
(c) If the testator or settlor has not nominated a custodian under K.S.A. 38-1704, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection (a) of K.S.A. 38-1710.
History: L. 1985, ch. 143, § 5; July 1.
(a) Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to K.S.A. 38-1710, and amendments thereto, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Subject to subsection (c), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to K.S.A. 38-1710, and amendments thereto.
(c) A transfer under subsection (a) or (b) may be made only if:
(1) The personal representative, trustee or conservator considers the transfer to be in the best interest of the minor;
(2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument; and
(3) the transfer is authorized by the court if such transfer exceeds $25,000 in value.
History: L. 1985, ch. 143, § 6; L. 2023, ch. 65, § 2; July 1.
(a) Subject to subsections (b) and (c), a person not subject to K.S.A. 38-1706 or 38-1707, and amendments thereto, who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to K.S.A. 38-1710, and amendments thereto.
(b) If a person having the right to nominate a custodian under K.S.A. 38-1704, and amendments thereto, has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(c) If no custodian has been nominated under K.S.A. 38-1704, and amendments thereto, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $25,000 in value.
History: L. 1985, ch. 143, § 7; L. 2023, ch. 65, § 3; July 1.
A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this act.
History: L. 1985, ch. 143, § 8; July 1.
(a) Custodial property is created and a transfer is made whenever:
(1) An uncertificated security or a certificated security in registered form is either:
(i) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for __________ (name of minor) under the Kansas uniform transfers to minors act"; or
(ii) delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b);
(2) money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ______ (name of minor) under the Kansas uniform transfers to minors act";
(3) the ownership of a life or endowment insurance policy or annuity contract is either:
(i) Registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for _________ (name of minor) under the Kansas uniform transfers to minors act"; or
(ii) assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: "as custodian for ________ (name of minor) under the Kansas uniform transfers to minors act";
(4) an irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: "as custodian for _________ (name of minor) under the Kansas uniform transfers to minors act";
(5) an interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for _________ (name of minor) under the Kansas uniform transfers to minors act";
(6) a certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either:
(i) Issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ______ (name of minor) under the Kansas transfers to minors act"; or
(ii) delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: "as custodian for _________ (name of minor) under the Kansas transfers to minors act"; or
(7) an interest in any property not described in paragraphs (1) through (6) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b).
(b) An instrument in the following form satisfies the requirements of paragraphs (1)(ii) and (7) of subsection (a):
"TRANSFER UNDER THE [NAME OF ENACTING STATE] UNIFORM TRANSFERS TO MINORS ACT
I, ________________ (name of transferor or name and representative capacity if a fiduciary) hereby transfer to _____________________________ (name of custodian), as custodian for ___________________ (name of minor) under the [Name of enacting state] uniform transfers to minors act, the following: (insert a description of the custodial property sufficient to identify it).
Dated: ___________
(Signature)
__________________ (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the[Name of enacting state] uniform transfers to minors act.
Dated:____________________
__________________________________"
(Signature of Custodian)
(c) A transferor shall place the custodian in control of the custodial property as soon as practicable.
History: L. 1985, ch. 143, § 9; July 1.
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this act by the same custodian for the benefit of the same minor constitutes a single custodianship.
History: L. 1985, ch. 143, § 10; July 1.
(a) The validity of a transfer made in a manner prescribed in this act is not affected by:
(1) Failure of the transferor to comply with subsection (c) of K.S.A. 38-1710 concerning possession and control;
(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection (a) of K.S.A. 38-1710; or
(3) death or incapacity of a person nominated under K.S.A. 38-1704 or designated under K.S.A. 38-1710 as custodian or the disclaimer of the office by that person.
(b) A transfer made pursuant to K.S.A. 38-1710 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this act, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this act.
(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this act and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this act.
History: L. 1985, ch. 143, § 11; July 1.
(a) A custodian shall:
(1) Take control of custodial property;
(2) register or record title to custodial property if appropriate; and
(3) collect, hold, manage, invest, and reinvest custodial property.
(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
(c) A custodian may invest in or pay premiums on life insurance or endowment policies on (i) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or (ii) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for _________ (name of minor) under the Kansas uniform transfers to minors act."
(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
History: L. 1985, ch. 143, § 12; July 1.
(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(b) This section does not relieve a custodian from liability for breach of K.S.A. 38-1713.
History: L. 1985, ch. 143, § 13; July 1.
(a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of the custodian personally or of any other person to support the minor, or (ii) any other income or property of the minor which may be applicable or available for that purpose.
(b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
History: L. 1985, ch. 143, § 14; July 1.
(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(b) Except for one who is a transferor under K.S.A. 38-1705, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in subsection (f) of K.S.A. 38-1719, a custodian need not give a bond.
History: L. 1985, ch. 143, § 15; July 1.
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1) The validity of the purported custodian's designation;
(2) the propriety of, or the authority under this act for, any act of the purported custodian;
(3) the validity or propriety under this act of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) the propriety of the application of any property of the minor delivered to the purported custodian.
History: L. 1985, ch. 143, § 16; July 1.
(a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(b) A custodian is not personally liable:
(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
History: L. 1985, ch. 143, § 17; July 1.
(a) A person nominated under K.S.A. 38-1704 or designated under K.S.A. 38-1710 as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under K.S.A. 38-1704, the person who made the nomination may nominate a substitute custodian under K.S.A. 38-1704; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under subsection (a) of K.S.A. 38-1710. The custodian so designated has the rights of a successor custodian.
(b) A custodian at any time may designate a trust company or an adult other than a transferor under K.S.A. 38-1705 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed.
(c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
(d) If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection (b), an adult member of the minor's family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian.
(e) A custodian who declines to serve under subsection (a) or resigns under subsection (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(f) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under K.S.A. 38-1705 or to require the custodian to give appropriate bond.
History: L. 1985, ch. 143, § 18; July 1.
(a) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court: (i) For an accounting by the custodian or the custodian's legal representative; or (ii) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under K.S.A. 38-1718 to which the minor or the minor's legal representative was a party.
(b) A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) The court, in a proceeding under this act or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
(d) If a custodian is removed under subsection (f) of K.S.A. 38-1719, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
History: L. 1985, ch. 143, § 19; July 1.
The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:
(1) The minor's attainment of 21 years of age with respect to custodial property transferred under K.S.A. 38-1705 or 38-1706;
(2) the minor's attainment of the age of 18 years with respect to custodial property transferred under K.S.A. 38-1707 or 38-1708; or
(3) the minor's death.
History: L. 1985, ch. 143, § 20; July 1.
This act applies to a transfer within the scope of K.S.A. 38-1703 made after its effective date if:
(1) The transfer purports to have been made under the Kansas uniform gifts to minors act; or
(2) the instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the uniform gifts to minors act" or "as custodian under the uniform transfers to minors act" of any other state, and the application of this act is necessary to validate the transfer.
History: L. 1985, ch. 143, § 21; July 1.
(a) Any transfer of custodial property as now defined in this act made before the effective date of this act is validated notwithstanding that there was no specific authority in the Kansas uniform gifts to minors act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(b) This act applies to all transfers made before the effective date of this act in a manner and form prescribed in the Kansas uniform gifts to minors act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on the effective date of this act.
History: L. 1985, ch. 143, § 22; July 1.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
History: L. 1985, ch. 143, § 23; July 1.
If any provisions of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end provisions of this act are severable.
History: L. 1985, ch. 143, § 25; July 1.
To the extent that this act, by virtue of subsection (b) of K.S.A. 38-1723, does not apply to transfers made in a manner prescribed in the Kansas gifts to minors act or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the Kansas gifts to minors act of the enacting state does not affect those transfers or those powers, duties, and immunities.
History: L. 1985, ch. 143, § 26; July 1.
History: L. 1992, ch. 313, §§ 1 to 3; Repealed, L. 1997, ch. 156, § 115; July 1.
History: L. 1992, ch. 313, § 4; L. 1995, ch. 255, § 1; Repealed, L. 1997, ch. 156, § 115; July 1.
History: L. 1992, ch. 313, §§ 5, 6; Repealed, L. 1997, ch. 156, § 115; July 1.
History: L. 1992, ch. 313, § 7; L. 1993, ch. 243, § 1; L. 1995, ch. 255, § 2; Repealed, L. 1997, ch. 156, § 115; July 1.
(a) There is hereby established in the state treasury the family and children investment fund. The family and children investment fund shall be administered as provided in this section.
(b) There shall be credited to the family and children investment fund appropriations, gifts, grants, contributions, matching funds and participant payments.
(c) (1) There is hereby created the family and children trust account in the family and children investment fund. The secretary for children and families shall administer the family and children trust account.
(2) Moneys credited to the family and children trust account shall be used for the following purposes: (A) Matching federal moneys to purchase services relating to community-based programs for the broad range of child abuse and neglect prevention activities; (B) providing start-up or expansion grants for community-based prevention projects for the broad range of child abuse and neglect prevention activities; (C) studying and evaluating community-based prevention projects for the broad range of child abuse and neglect prevention activities; (D) preparing, publishing, purchasing and disseminating educational material dealing with the broad range of child abuse and neglect prevention activities; and (E) payment of the administrative costs of the family and children trust account and of that portion of the Kansas children's cabinet, established pursuant to K.S.A. 38-1901, and amendments thereto, which are attributable to the family and children trust account, and that portion of the administrative costs of the board of trustees, of the Kansas public employees retirement system established by K.S.A. 74-4905, and amendments thereto, which are attributable to the family and children endowment account of the family and children investment fund. No moneys in the family and children trust account shall be used for the purpose of providing services for the voluntary termination of pregnancy.
(3) Expenditures from the family and children trust account shall be subject to the approval of the Kansas children's cabinet established pursuant to K.S.A. 38-1901, and amendments thereto. All expenditures from the family and children trust account shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for children and families or a person designated by the secretary.
(d) (1) There is hereby created the permanent families account in the family and children investment fund. The judicial administrator of the courts shall administer this account.
(2) Moneys credited to the permanent families account shall be used for the following purposes: (A) Not more than 12% of the amount credited to the permanent families account during the fiscal year may be used to provide technical assistance to district courts or local groups wanting to establish a local citizen review board or a court-appointed special advocate program, including but not limited to such staff as necessary to provide such assistance, and to provide services necessary for the administration of such board or program, including but not limited to grants administration, accounting, data collection, report writing and training of local citizen review board staff; (B) grants to court-appointed special advocate programs, upon application approved by the chief judge of the judicial district where the program is located; and (C) grants to district courts, upon application of the chief judge of the judicial district, for expenses of establishment, operation and evaluation of local citizen review boards in the judicial district, including costs of: (i) Employing local citizen review board coordinators and clerical staff; (ii) telephone, photocopying and office equipment and supplies for which there are shown to be no local funds available; (iii) mileage of staff and board members; and (iv) training staff and board members.
(3) In addition to the other duties and powers provided by law, in administering the permanent families account, the judicial administrator shall:
(A) Accept and receive grants, loans, gifts or donations from any public or private entity in support of programs administered by the judicial administrator and assist in the development of supplemental funding sources for local and state programs;
(B) consider applications for and make such grants from the permanent families account as authorized by law; and
(C) receive reports from local citizen review boards established pursuant to K.S.A. 38-2207, and amendments thereto, regarding the status of children under the supervision of the district courts and regarding systemic barriers to permanence for children, assure that appropriate data is maintained regularly and compiled at least once a year by such boards on all cases reviewed and assure that the effectiveness of such boards is evaluated on an ongoing basis, using, where possible, random selection of local citizen review boards and cases for the evaluation and including client outcome data to determine effectiveness.
(4) All expenditures from the permanent families account shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the judicial administrator or a person designated by the judicial administrator.
(e) The family and children endowment account of the family and children investment fund shall constitute and shall be administered as an endowment for the purposes for which expenditures may be made from the family and children trust account of the family and children investment fund. The family and children endowment account of the family and children investment fund shall be invested by the board of trustees of the Kansas public employees retirement system established by K.S.A. 74-4905, and amendments thereto. All interest or other income of the investments of the moneys in the family and children trust endowment account of the family and children investment fund, after payment of any management and administrative fees, shall be considered income of the family and children trust account of the family and children investment fund and shall be deposited in the state treasury to the credit of the family and children trust account of the family and children investment fund.
(f) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the family and children investment fund interest earnings based on:
(1) The average daily balance of moneys in the family and children investment fund for the preceding month, excluding all amounts credited to the family and children endowment account of the family and children investment fund; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History: L. 1992, ch. 313, § 8; L. 1993, ch. 243, § 2; L. 1996, ch. 253, § 6; L. 1997, ch. 156, § 81; L. 1999, ch. 172, § 7; L. 2000, ch. 159, § 7; L. 2014, ch. 115, § 53; July 1.
History: L. 1992, ch. 313, § 8; L. 1993, ch. 243, § 2; L. 1996, ch. 253, § 6; L. 1997, ch. 156, § 81; L. 1999, ch. 57, § 44; Repealed, L. 2000, ch. 159, § 14; July 1.
History: L. 1992, ch. 313, §§ 9 to 12; Repealed, L. 1997, ch. 156, § 115; July 1.
Revisor's Note: Provisions moved to 38-2207.
History: L. 1992, ch. 313, § 13; L. 1999, ch. 57, § 45; Repealed, L. 2006, ch. 169, § 140; January 1, 2007.
(a) The local citizen review board shall have the duty, authority and power to:
(1) Review each case of a child who is the subject of a child in need of care petition or who has been adjudicated a child in need of care or who is a juvenile offender referred by the judge, receive verbal information from all persons with pertinent knowledge of the case and have access to materials contained in the court's files on the case;
(2) determine the progress which has been made to acquire a permanent home for the child in need of care or toward rehabilitation for the juvenile offender;
(3) suggest an alternative case goal if progress has been insufficient; and
(4) make recommendations to the judge regarding further actions on the case.
(b) The initial review by the local citizen review board may take place any time after a petition is filed for a child in need of care and after adjudication for a juvenile offender. A review must occur within six months after the initial disposition hearing.
(c) The local citizen review board will review each referred case at least once each year.
(d) The judge shall consider the local citizen review board recommendations in making an authorized disposition pursuant to K.S.A. 38-2255, and amendments thereto, or in issuing a sentence pursuant to 38-1663, and amendments thereto, and may incorporate the citizen review board's recommendations into an order in lieu of the six-month review hearing.
(e) Three members of the local citizen review board must be present to review a case.
(f) The court shall provide a place for the reviews to be held. The local citizen review board members shall travel to the county of the family residence of the child being reviewed to hold the review.
History: L. 1992, ch. 313, § 14; L. 1995, ch. 101, § 1; L. 1996, ch. 229, § 103; L. 2006, ch. 200, § 96; January 1, 2007.
On July 1, 1997, the corporation for change established by K.S.A. 38-1803 is hereby abolished.
History: L. 1997, ch. 156, § 27; May 22.
On and after July 1, 1997:
(a) Whenever the corporation for change, or words of like effect, is referred to or designated by a statute, contract or other document, and such reference relates to the family and children trust account of the family and children investment fund, such reference or designation shall be deemed to apply to the Kansas department for children and families.
(b) Whenever the executive director or the chairperson of the board of directors of the corporation for change, or words of like effect, is referred to or designated by a statute, contract or other document, and such reference relates to the family and children trust account of the family and children investment fund, such reference or designation shall be deemed to apply to the secretary for children and families.
(c) All orders and directives of the corporation for change or of the executive director or the chairperson of the board of directors of the corporation for change which are in existence on the effective date of this act and which relate to the family and children trust account of the family and children investment fund, shall continue to be effective and shall be deemed to be orders and directives of the Kansas department for children and families until revised, amended or nullified pursuant to law.
(d) The Kansas department for children and families shall succeed to whatever right, title or interest the corporation for change has acquired in any real property in this state with moneys from the family and children trust account of the family and children investment fund, and the Kansas department for children and families shall hold the same for and in the name of the state of Kansas. On and after the effective date of this act, whenever any statute, contract, deed or other document concerns the power or authority of the corporation for change or of the executive director or the chairperson of the board of directors of the corporation for change to acquire, hold or dispose of real property or any interest therein and such power or authority relates to the children and family trust account of the family and children investment fund or to real property or any interest therein acquired with moneys from such account prior to the effective date of this act, the Kansas department for children and families shall succeed to such power or authority.
History: L. 1997, ch. 156, § 28; L. 2014, ch. 115, § 54; July 1.
On and after July 1, 1997:
(a) Whenever the corporation for change, or words of like effect, is referred to or designated by a statute, contract or other document and such reference or designation relates to the permanent families account of the family and children investment fund, such reference or designation shall be deemed to apply to the judicial administrator of the courts.
(b) Whenever the executive director or the chairperson of the board of directors of the corporation for change, or words of like effect, is referred to or designated by a statute, contract or other document and such reference or designation refers to the permanent families account of the children and families investment fund, such reference or designation shall be deemed to apply to the judicial administrator of the courts.
(c) All orders and directives of the corporation for change or of the executive director or the chairperson of the board of directors of the corporation for change in existence on the effective date of this act which refer to the permanent families account of the children and families investment fund shall continue to be effective and shall be deemed to be orders and directives of the judicial administrator of the courts until revised, amended or nullified pursuant to law.
(d) The judicial administrator of the courts shall succeed to whatever right, title or interest the corporation for change has acquired in any real property in this state acquired with moneys from the permanent families account of the family and children investment fund prior to the effective date of this act, and the judicial administrator of the courts shall hold the same for and in the name of the state of Kansas. On and after the effective date of this act, whenever any statute, contract, deed or other document concerns the power or authority of the corporation for change or of the executive director or the chairperson of the board of directors of the corporation for change to acquire, hold or dispose of real property or any interest therein, and such power or authority relates to the permanent families account of the family and children investment fund or to real property or any interest therein acquired with moneys from such account prior to the effective date of this act, the judicial administrator of the courts shall succeed to such power or authority.
History: L. 1997, ch. 156, § 29; May 22.
On and after July 1, 1997:
(a) Except as otherwise provided in this act, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the corporation for change, which relate to the family and children trust account of the family and children investment fund prior to the effective date of this act and which are transferred to the Kansas department for children and families, and who, in the opinion of the secretary for children and families, are necessary to perform the powers, duties and functions of the Kansas department for children and families, shall be transferred to and shall become officers and employees of the Kansas department for children and families. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this section. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolition of personnel positions in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
(b) Except as otherwise provided in this act, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the corporation for change, which relate to the permanent families account of the family and children investment fund prior to the effective date of this act and which are transferred by this act to the judicial administrator of the courts, and who, in the opinion of the judicial administrator of the courts, are necessary to perform the powers, duties and functions of the office of judicial administration under this act, shall be transferred to, and shall become officers and employees of the office of judicial administration. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this section. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolition of personnel positions in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
History: L. 1997, ch. 156, § 30; L. 2014, ch. 115, § 55; July 1.
On and after July 1, 1997:
(a) When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The Kansas department for children and families shall succeed to all property and records which were used for or pertain to the performance of the powers, duties and functions transferred to the Kansas department for children and families by this act. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer or attachment of any state agency, or all or part of the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.
(c) The judicial administrator of the courts shall succeed to all property and records which were used for or pertain to the performance of the powers, duties and functions transferred to the judicial administrator of the courts. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer or attachment of any state agency, or all or part of the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.
History: L. 1997, ch. 156, § 31; L. 2014, ch. 115, § 56; July 1.
On and after July 1, 1997:
(a) The Kansas department for children and families shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the corporation for change which relates to the family and children trust account of the family and children investment fund transferred to the Kansas department for children and families under this act.
(b) The judicial administrator of the courts shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the corporation for change which relates to the permanent families account of the family and children investment fund transferred to the judicial administrator of the courts under this act.
(c) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(d) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1997, ch. 156, § 32; L. 2014, ch. 115, § 57; July 1.
On and after July 1, 1997:
(a) The balance of all funds received by the corporation for change and maintained in interest-bearing accounts in Kansas banks or Kansas savings and loan associations pursuant to K.S.A. 38-1809, prior to its repeal, shall be transferred to and deposited in the state treasury and credited to the family and children investment fund.
(b) The liability for all accrued compensation or salaries of officers and employees who are transferred to the Kansas department for children and families as provided for by this act and who become a part of the Kansas department for children and families, shall be assumed and paid by the Kansas department for children and families.
(c) The liability for all accrued compensation or salaries of officers and employees who are transferred to the office of judicial administration as provided for by this act and who become part of the office of judicial administration, shall be assumed and paid by the judicial administrator of the courts.
History: L. 1997, ch. 156, § 33; L. 2014, ch. 115, § 58; July 1.
On and after July 1, 2025:
(a) (1) The advisory committee on children and families is hereby redesignated and shall be known and referred to as the Kansas children's cabinet.
(2) The Kansas children's cabinet shall be within the Kansas office of early childhood.
(b) (1) The Kansas children's cabinet shall consist of 18 members as follows:
(A) The director of the Kansas office of early childhood;
(B) The secretary of health and environment, or the secretary's designee;
(C) the secretary for children and families, or the secretary's designee;
(D) a member of the state board of regents selected by the state board of regents, or such member's designee;
(E) the commissioner of education, or the commissioner's designee;
(F) the secretary of corrections, or the secretary's designee;
(G) a member of the Kansas supreme court selected by the Kansas supreme court, or such member's designee;
(H) five members of the public appointed by the governor who are interested in and knowledgeable about the needs of children and families and who, subject to subsection (e), may include persons who are children's advocates, members of organizations with experience in programs that benefit children or other individuals who have experience with children's programs and services;
(I) one legislative member appointed by the speaker of the house of representatives;
(J) one legislative member appointed by the majority leader of the house of representatives;
(K) one legislative member appointed by the minority leader of the house of representatives;
(L) one legislative member appointed by the president of the senate;
(M) one legislative member appointed by the majority leader of the senate; and
(N) one legislative member appointed by the minority leader of the senate.
(2) The members designated by subparagraphs (1)(A) through (1)(G) shall be nonvoting members of the Kansas children's cabinet. All other members shall be voting members.
(c) (1) The voting members shall appoint a chairperson of the cabinet from among the voting members. The chairperson shall serve in such office until a successor is appointed and qualified. The members of the Kansas children's cabinet may elect any additional officers from among its members necessary to carry out the duties and functions of the Kansas children's cabinet.
(2) Each voting member shall serve at the pleasure of such voting member's appointing authority.
(3) All members appointed to fill vacancies in the membership of the Kansas children's cabinet and all members appointed to succeed members appointed to membership on the Kansas children's cabinet shall be appointed in like manner as that provided for the original appointment of the member succeeded.
(d) Not more than three members of the Kansas children's cabinet appointed by the governor under subsection (b)(1)(H) shall be members of the same political party.
(e) (1) No person shall serve on the Kansas children's cabinet if such person has knowingly acquired a substantial interest in any business. Any such person who knowingly acquires such an interest shall vacate such member's position on the Kansas children's cabinet.
(2) As used in this subsection:
(A) "Substantial interest" means any of the following:
(i) If an individual or an individual's spouse, either individually or collectively, has owned within the preceding 12 months a legal or equitable interest exceeding $5,000 or 5% of any business, whichever is less, the individual has a substantial interest in that business.
(ii) If an individual or an individual's spouse, either individually or collectively, has received during the preceding calendar year compensation that is or will be required to be included as taxable income on federal income tax returns of the individual and spouse in an aggregate amount of $2,000 from any business or combination of businesses, the individual has a substantial interest in that business or combination of businesses.
(iii) If an individual or an individual's spouse holds the position of officer, director, associate, partner or proprietor of any business, the individual has a substantial interest in the business, irrespective of that amount of compensation received by the individual or the individual's spouse.
(iv) If an individual or an individual's spouse receives compensation that is a portion or percentage of each separate fee or commission paid to a business or combination of businesses, the individual has a substantial interest in any client or customer who pays fees or commissions to the business or combination of businesses from which fees or commissions the individual or the individual's spouse, either individually or collectively, received an aggregate of $2,000 or more in the preceding calendar year.
(B) "Client or customer" means a business or combination of businesses.
(C) "Business" means any entity that is eligible to receive funds from the children's initiatives fund, as provided in K.S.A. 38-2102, and amendments thereto, from the children's initiatives accountability fund, established by K.S.A. 38-2103, and amendments thereto, or from the family and children trust account of the family and children investment fund, as provided in K.S.A. 38-1808, and amendments thereto.
(f) The Kansas children's cabinet shall meet upon the call of the chairperson as necessary to carry out the duties and functions of the Kansas children's cabinet. A quorum of the Kansas children's cabinet shall be five voting members.
(g) The Kansas children's cabinet shall have and perform the following functions:
(1) Assist the governor and the director of the Kansas office of early childhood in developing and implementing a coordinated, comprehensive service delivery system to serve the children and families of Kansas;
(2) identify barriers to service and gaps in service due to strict definitions of boundaries between departments and agencies;
(3) facilitate interagency and interdepartmental cooperation toward the common goal of serving children and families;
(4) investigate and identify methodologies for the combining of funds across departmental boundaries to better serve children and families;
(5) propose actions needed to achieve coordination of funding and services across departmental lines;
(6) encourage and facilitate joint planning and coordination between the public and private sectors to better serve the needs of children and families;
(7) perform the duties and functions prescribed by K.S.A. 38-2103, and amendments thereto; and
(8) review each individual application submitted to the cabinet for any grant funding opportunities and allocate and administer such grants upon direction by the director of the Kansas office of early childhood.
(h) Members of the Kansas children's cabinet shall not be paid compensation but shall receive subsistence allowances, mileage and other expenses as provided by K.S.A. 75-3223, and amendments thereto. The subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto, shall be paid from available appropriations of the Kansas office of early childhood, except that expenses of members who are employed by a state agency shall be reimbursed by that state agency.
History: L. 1997, ch. 156, § 34; L. 1999, ch. 172, § 8; L. 2014, ch. 115, § 59; L. 2025, ch. 118, § 37; July 1.
(a) The children's cabinet is authorized to establish a nonprofit corporation organized under section 501(c)(3) of the internal revenue code of 1986. The board of directors of the nonprofit corporation shall consist of the members of the children's cabinet, the executive director of the children's cabinet and other directors designated by the children's cabinet.
(b) The purpose of the nonprofit corporation shall be to receive gifts, donations, grants and other moneys and engage in fundraising projects for the benefit of the Dolly Parton's imagination library book gifting program to develop, implement, promote and sustain reading by the children of Kansas.
History: L. 2024, ch. 2, § 1; July 1.
(a) The department of health and environment shall develop and submit a plan consistent with federal guidelines established under section 4901 of public law 105-33 (42 U.S.C. § 1397aa et seq.; title XXI).
(b) The plan developed under subsection (a) shall be a capitated managed care plan covering Kansas children from zero to 19 years which:
(1) Contains benefit levels at least equal to those for the early and periodic screening, diagnosis and treatment program;
(2) provides for presumptive eligibility for children where applicable;
(3) provides continuous eligibility for 12 months once a formal determination is made that a child is eligible subject to subsection (e);
(4) has performance based contracting with measurable outcomes indicating age appropriate utilization of plan services to include, but not limited to, such measurable services as immunizations, vision, hearing and dental exams, emergency room utilization, annual physical exams and asthma;
(5) shall use the same prior authorization standards and requirements as used for health care services under medicaid to further the goal of seamlessness of coverage between the two programs;
(6) shall provide targeted low-income children, as defined under section 4901 of public law 105-33 (42 U.S.C. § 1397aa, et seq.), coverage subject to appropriations;
(7) shall provide coverage, subject to appropriation of funds and eligibility requirements, for children residing in a household having a gross household income (A) for 2009, at or under 225% of the 2008 federal poverty income guidelines and (B) for 2010 and subsequent years, at or under 250% of the 2008 federal poverty income guidelines; the participants receiving coverage shall contribute to the payment for such coverage through a sliding-fee scale based upon ability to pay as established by rules and regulations of the secretary of health and environment; and
(8) contains a provision which requires the newly enrolled participants with a family income over 200% of the federal poverty income guidelines to wait at least 8 months before participating in this program, if such participants previously had comprehensive health benefit coverage through an individual policy or a health benefit plan provided by any health insurer as defined in K.S.A.
40-4602, and amendments thereto. This waiting period provision shall not apply when the prior coverage ended due to loss of employment other than the voluntary termination, change to a new employer that does not provide an option for dependent coverage, discontinuation of health benefits to all employees, expiration of COBRA coverage period or any other situations where the prior coverage ended due to reasons unrelated to the availability of this program.
(c) The secretary of health and environment is authorized to contract with entities authorized to transact health insurance business in this state to implement the health insurance coverage plan pursuant to subsection (a) providing for several plan options to enrollees which are coordinated with federal and state child health care programs, except that when contracting to provide managed mental health care services the secretary of health and environment shall assure that contracted entities demonstrate the ability to provide a full array of mental health services in accordance with the early and periodic screening, diagnosis and treatment plan. The secretary of health and environment shall not develop a request for proposal process which excludes community mental health centers from the opportunity to bid for managed mental health care services.
(d) When developing and implementing the plan in subsection (a), the secretary of health and environment to the extent authorized by law:
(1) Shall include provisions that encourage contracting insurers to utilize and coordinate with existing community health care institutions and providers;
(2) may work with public health care providers and other community resources to provide educational programs promoting healthy lifestyles and appropriate use of the plan's health services;
(3) shall plan for outreach and maximum enrollment of eligible children through cooperation with local health departments, schools, child care facilities and other community institutions and providers;
(4) shall provide for a simplified enrollment plan;
(5) shall provide cost sharing as allowed by law;
(6) shall not count the caring program for children, the Kansas health insurance association plan or any charity health care plan as insurance under subsection (e)(1)*;
(7) may provide for payment of health insurance premiums, including contributions to a health savings account if applicable, and, in conjunction with an employer sponsored insurance premium assistance plan, may provide that supplemental benefits be purchased outside of the capitated managed care plan, if it is determined cost effective, taking into account the number of children to be served and the benefits to be provided;
(8) may provide that prescription drugs, transportation services and dental services are purchased outside of the capitated managed care plan to improve the efficiency, accessibility and effectiveness of the program; and
(9) shall include a provision that requires any individual to be a citizen or an alien lawfully admitted to the United States for purposes of establishing eligibility for benefits under the plan and to present satisfactory documentary evidence of citizenship or lawful admission of the individual. The criteria for determining whether the documentation is satisfactory shall be no more restrictive than the criteria used by the social security administration to determine citizenship. A document issued by a federally-recognized Indian tribe evidencing membership or enrollment in, or affiliation with, such tribe, such as a tribal enrollment card or certificate of degree of Indian blood shall be satisfactory documentary evidence of citizenship or lawful admission.
(e) A child shall not be eligible for coverage and shall lose coverage under the plan developed under subsection (a) of K.S.A. 38-2001, and amendments thereto, if such child's family has not paid the enrollee's applicable share of any premium due.
If the family pays all of the delinquent premiums owed during the year, such child will again be eligible for coverage for the remaining months of the continuous eligibility period.
(f) The plan developed under section 4901 of public law 105-33 (42 U.S.C. § 1397aa et seq., and amendments thereto) is not an entitlement program. The availability of the plan benefits shall be subject to funds appropriated. The secretary of health and environment shall not utilize waiting lists, but shall monitor costs of the program and make necessary adjustments to stay within the program's appropriations.
(g) Eligibility and benefits under the plan prescribed by subsection (b)(7) are not and shall not be construed to be entitlements, are for legal residents of the state of Kansas and are subject to availability of state and federal funds and to any state and federal requirements and the provisions of appropriation acts. If the secretary of health and environment determines that the available federal funds and the state funds appropriated are insufficient to sustain coverage for the income eligibility levels prescribed by subsection (b)(7), a lower income level shall be adopted and implemented by the secretary of health and environment, within the limits of appropriations available therefor, and all such changes shall be published by the secretary of health and environment in the Kansas register.
History: L. 1998, ch. 125, § 1; L. 1999, ch. 36, § 1; L. 2001, ch. 54, § 1; L. 2004, ch. 157, § 2; L. 2008, ch. 164, § 22; L. 2012, ch. 102, § 3; July 1.
(a) The secretary of health and environment shall adopt rules and regulations as necessary to implement and administer the provisions of this act.
(b) All rules and regulations adopted on and after July 1, 2013, and prior to July 1, 2014, to implement this section shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary of health and environment until revised, amended, revoked or nullified pursuant to law.
History: L. 1998, ch. 125, § 2; L. 2014, ch. 42, § 1; July 1.
(a) (1) None of the funds appropriated to implement this act shall be expended for any abortion.
(2) None of the funds appropriated to implement this act shall be expended for health benefits coverage that includes coverage of abortion.
(3) The term "health benefits coverage" means the package of services covered by entities in subsection (c) of K.S.A. 38-2001, and amendments thereto, authorized to transact health insurance business in this state pursuant to a contract or other arrangement entered into under sections of this act.
(b) The limitations established in subsection (a) shall not apply to an abortion:
(1) If the pregnancy is the result of an act of rape, aggravated indecent liberties with a child or incest; or
(2) if necessary to save the life of the pregnant woman.
History: L. 1998, ch. 125, § 3; April 30.
The secretary in contracting for capitated managed health care for children shall include in the pool of persons to be covered those eligible children covered by the Kansas medicaid program as law allows.
History: L. 1998, ch. 125, § 4; April 30.
The secretary shall enter into contracts as deemed appropriate to carry out the provisions of this act. Administrative services under this program shall be contracted with private entities. Nothing in this act precludes the secretary from entering into a contract with the agency medicaid management information system fiscal agent.
History: L. 1998, ch. 125, § 5; April 30.
The secretary for children and families shall advise and consult with the secretary of health and environment on issues relating to children's health status.
History: L. 1998, ch. 125, § 6; L. 2008, ch. 110, § 2; L. 2012, ch. 102, § 4; L. 2018, ch. 71, § 34; July 1.
For the purpose of financially empowering parents to choose a health plan for a child, the secretary should review and report both verbally and in writing to the standing committee on public health and welfare of the senate and the standing committee on children and seniors of the house of representatives prior to each legislative session with recommendations regarding the following items:
(a) Direct transfer of the annual premium for a plan chosen by an eligible low-income family to the insurer;
(b) The use of a refundable tax credit for an eligible low-income family to apply toward the purchase of a child's health care coverage. Such refundable tax credit would cover most or all of the cost of the insurance with the parents paying any difference. Additionally, an eligible low-income family would receive full benefit of the credit, regardless of how small their income tax obligation was; and
(c) The status of the Kansas insurance coverage for children's program including all performance measures relating to the Kansas insurance coverage for children's program.
History: L. 1998, ch. 125, § 7; L. 2013, ch. 134, § 3; July 1.
History: L. 1998, ch. 125, § 9; Repealed, L. 1999, ch. 172, § 10; July 1.
(a) There is hereby established in the state treasury the Kansas insurance coverage for children fund.
(b) The secretary is authorized to apply for and receive grants, gifts and donations from nonfederal sources for the purposes set out under this act.
(c) The secretary shall remit all moneys received under subsection (b) to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas insurance coverage for children fund.
(d) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas insurance coverage for children fund interest earnings based on: (1) The average daily balance of moneys in such fund for the preceding month; and (2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(e) All expenditures from the Kansas insurance coverage for children fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or the secretary's designee for the purposes of this act.
History: L. 1998, ch. 125, § 10; L. 2001, ch. 5, § 108; July 1.
If any provision or clause of this act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History: L. 1998, ch. 125, § 12; April 30.
(a) There is hereby established in the state treasury the Kansas endowment for youth fund which shall constitute a trust fund and shall be invested, managed and administered in accordance with the provisions of this act by the board of trustees of the Kansas public employees retirement system established by K.S.A. 74-4905, and amendments thereto.
(b) All of the moneys received by the state pursuant to the tobacco litigation settlement agreements entered into by the attorney general on behalf of the state of Kansas, or pursuant to any judgment rendered, regarding the litigation against tobacco industry companies and related entities, shall be deposited in the state treasury and credited to the Kansas endowment for youth fund. All such moneys shall constitute an endowment which shall remain credited to the Kansas endowment for youth fund except as provided in this section or in K.S.A. 38-2102, and amendments thereto, for transfers to the children's initiatives fund. Expenditures may be made from the Kansas endowment for youth fund for the payment of the operating expenses of the Kansas children's cabinet and the board of trustees, including the expenses of investing and managing the moneys, which are attributable to the Kansas endowment for youth fund. All moneys credited to the Kansas endowment for youth fund shall be invested to provide an ongoing source of investment earnings available for periodic transfer to the children's initiatives fund in accordance with this act. All expenditures from the Kansas endowment for youth fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the board of trustees of the Kansas public employees retirement system or by the chairperson's designee.
(c) On the effective date of this act, the director of accounts and reports shall transfer all moneys credited to the children's health care programs fund to the Kansas endowment for youth fund and the children's health care programs fund is hereby abolished. On and after July 1, 1999, whenever the children's health care programs fund, or words of like effect, is referred to or designated by statute, contract or other document, such reference or designation shall be deemed to apply to the Kansas endowment for youth fund.
History: L. 1999, ch. 172, § 1; July 1.
(a) There is hereby established in the state treasury the children's initiatives fund which shall be administered in accordance with this section and the provisions of appropriation acts.
(b) All moneys credited to the children's initiatives fund shall be used for the purposes of providing additional funding for programs, projects, improvements, services and other purposes directly or indirectly beneficial to the physical and mental health, welfare, safety and overall well-being of children in Kansas as provided by appropriation or other acts of the legislature. In allocating or appropriating moneys in the children's initiatives fund, the legislature shall emphasize programs and services that are data-driven and outcomes-based and may emphasize programs and services that are generally directed toward improving the lives of children and youth by combating community-identified risk factors associated with children and youth becoming involved in tobacco, alcohol, drugs or juvenile delinquency. Programs funded must have a clearly articulated objective to be achieved with any funds received. As a condition precedent to funding, every program must demonstrate that the program's design is supported by credible research, that the program as implemented will constitute best practices in the field, that data is available to benchmark the program's desired outcomes and that an evaluation and assessment component is part of the program design and that such evaluation is capable of determining program performance, needed program modifications to enhance performance, ways in which the program could be modified for transfer to other venues, and when performance no longer justifies funding. Community-based programs must demonstrate the availability of sufficient community leadership and the capacity to appropriately implement and administer the program that is funded. Programs which require community mobilization to successfully achieve program objectives must demonstrate a specific strategy to obtain the requisite levels of community mobilization. Moneys allocated or appropriated from the children's initiatives fund shall not be used to replace or substitute for moneys appropriated from the state general fund in the immediately preceding fiscal year.
(c) All expenditures from the children's initiatives fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved in the manner prescribed by law.
(d) (1) On July 1, 2000, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer, in the following order of priority, (A) first, $70,740,000 from the Kansas endowment for youth fund to the state general fund and (B) second, $30,000,000 from the Kansas endowment for youth fund to the children's initiatives fund.
(2) On July 1, 2001, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $40,000,000 from the Kansas endowment for youth fund to the children's initiatives fund and shall transfer $10,000,000 from the Kansas endowment for youth fund to the state general fund.
(3) On July 1, 2002, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $45,000,000 from the Kansas endowment for youth fund to the children's initiatives fund.
(4) On July 1 of each fiscal year thereafter, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer from the Kansas endowment for youth fund to the children's initiatives fund the amount equal to 102.5% of the amount transferred from the Kansas endowment for youth fund to the children's initiatives fund pursuant to this section during the immediately preceding fiscal year.
(5) If the amounts to be received during any fiscal year under the tobacco litigation settlement agreements entered into by the attorney general on behalf of the state of Kansas, or pursuant to any judgment rendered, regarding the litigation against tobacco industry companies and related entities, are reduced or increased from the amount that was anticipated to be received for such fiscal year, as of the time the settlement agreements were entered into, then the legislature may adjust the amount otherwise provided by this subsection to be transferred from the Kansas endowment for youth fund to the children's initiatives fund for such fiscal year by including provisions in appropriation acts for such fiscal year that proportionally reduce or increase, as appropriate, the amount otherwise provided by this subsection to be transferred from the Kansas endowment for youth fund to the children's initiatives fund for such fiscal year. In addition, for purposes of circumstances related to the investment of moneys in the Kansas endowment for youth fund or other circumstances or matters deemed sufficient by the legislature, the legislature may adjust the amount otherwise provided by this subsection to be transferred from the Kansas endowment for youth fund to the children's initiatives fund for any fiscal year by including provisions in appropriation acts for such fiscal year that proportionally reduce or increase, as appropriate, the amount otherwise provided by this subsection to be transferred from the Kansas endowment for youth fund to the children's initiatives fund for such fiscal year.
(e) It is the intent of the legislature that, except as provided by this section, no amounts shall be transferred from the Kansas endowment for youth fund to the children's initiatives fund or to any other fund during any state fiscal year.
(f) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas endowment for youth fund interest earnings based on (1) the average daily balance of moneys in the children's initiatives fund for the preceding month and (2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History: L. 1999, ch. 172, § 2; July 1.
(a) The Kansas children's cabinet established by K.S.A. 38-1901, and amendments thereto, shall advise the governor, the legislature and the director of the Kansas office of early childhood regarding the uses of the moneys credited to the children's initiatives fund.
(b) Use of such funds shall be subject to appropriations made by the legislature.
(c) The Kansas children's cabinet shall review, assess and evaluate all uses of the moneys in the children's initiatives fund. The Kansas children's cabinet shall study and shall initiate studies, assessments and evaluations, by contract or otherwise, through institutions of higher education and other appropriate research entities to identify best practices and to measure and otherwise determine the efficiency and efficacy of practices that are utilized in programs, projects, improvements, services and other purposes for which moneys are allocated or appropriated from the children's initiatives fund. The costs of such reviews, assessments and evaluations shall be paid from the children's initiatives accountability fund.
(d) There shall be conducted performance audits and other audit work by the legislative post auditor upon request by the Kansas children's cabinet and as directed by the legislative post audit committee in accordance with the legislative post audit act. The purpose of such performance audits and other audit work shall be to provide interested parties with the program evaluation and research needed to make informed decisions for the uses of moneys credited to the children's initiatives fund. The auditor to conduct such performance audit or other audit work shall be specified in accordance with K.S.A. 46-1122, and amendments thereto, and if the legislative post audit committee specifies under such statute that a firm, as defined by K.S.A. 46-1112, and amendments thereto, is to perform all or part of the audit work of such audit, such firm shall be selected and shall perform such audit work as provided in K.S.A. 46-1123 and 46-1125 through 46-1127, and amendments thereto. The audit work required pursuant to this subsection shall be conducted in accordance with generally accepted governmental auditing standards. The post auditor shall compute the reasonably anticipated cost of the audit work performed by a firm for such performance audit or other audit work pursuant to this subsection, subject to review and approval by the contract audit committee established by K.S.A. 46-1120, and amendments thereto, and the Kansas children's cabinet shall pay such cost from the children's initiatives accountability fund. If all or part of the audit work for such performance audit or other audit work is performed by the division of post audit and the division of post audit incurs costs in addition to those attributable to the operations of the division of post audit in the performance of other duties and responsibilities, the post auditor shall charge the Kansas children's cabinet for such additional costs and the Kansas children's cabinet shall pay such charges from the children's initiatives accountability fund. The payment of any such costs and any such charges shall be a transaction between the division of post audit and the Kansas children's cabinet and such transaction shall be settled in accordance with K.S.A. 75-5516, and amendments thereto. All moneys received by the division of post audit for such costs and charges shall be credited to the audit services fund.
(e) There is hereby established in the state treasury the children's initiatives accountability fund within the Kansas office of early childhood, which shall be administered in accordance with this section and appropriation acts. The governor shall recommend and the legislature shall provide for moneys to be credited annually to the children's initiatives accountability fund by transfers or appropriation acts.
(f) All moneys credited to the children's initiatives accountability fund shall be used for the purposes of providing funding for assessment and evaluation of programs, projects, improvements, services and other purposes for which moneys are allocated or appropriated from the children's initiatives fund. All expenditures from the children's initiatives accountability fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved in the manner prescribed by law.
(g) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas endowment for youth fund interest earnings based on the:
(1) Average daily balance of moneys in the children's initiatives accountability fund for the preceding month; and
(2) net earnings rate of the pooled money investment portfolio for the preceding month.
History: L. 1999, ch. 172, § 3; L. 2025, ch. 118, § 38; July 1.
(a) The board of trustees is responsible for the management and investment of the fund and shall discharge the board's duties with respect to the fund solely in the interests of the beneficiaries of the fund for the exclusive purpose of providing investment revenue for the purposes for which the moneys may be used and defraying reasonable expenses of administering the fund and shall invest and reinvest moneys in the fund and acquire, retain, manage, including the exercise of any voting rights and disposal of investments of the fund within the limitations and according to the powers, duties and purposes as prescribed by this section.
(b) Moneys in the fund shall be invested and reinvested to achieve the investment objective which is preservation of the fund to provide benefits to the beneficiaries of the fund and accordingly providing that the moneys are as productive as possible, subject to the standards set forth in this act. No moneys in the fund shall be invested or reinvested if the sole or primary investment objective is for economic development or social purposes or objectives.
(c) In investing and reinvesting moneys in the fund and in acquiring, retaining, managing and disposing of investments of the fund, the board of trustees shall exercise the judgment, care, skill, prudence and diligence under the circumstances then prevailing, which persons of prudence, discretion and intelligence acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims by diversifying the investments of the fund so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so, and not in regard to speculation but in regard to the permanent disposition of similar funds, considering the probable income as well as the probable safety of their capital.
(d) In the discharge of such management and investment responsibilities the board of trustees may contract for the services of one or more professional investment advisors or other consultants in the management and investment of moneys in the fund and otherwise in the performance of the duties of the board of trustees under this act.
(e) The board of trustees shall require that each person contracted with under subsection (d) to provide services shall obtain commercial insurance which provides for errors and omissions coverage for such person in an amount to be specified by the board of trustees. The amount of such coverage specified by the board of trustees shall be at least the greater of $500,000 or 1% of the funds entrusted to such person up to a maximum of $10,000,000. The board of trustees shall require a person contracted with under subsection (d) to provide services give a fidelity bond in a penal sum as may be fixed by law or, if not so fixed, as may be fixed by the board of trustees, with corporate surety authorized to do business in this state. Such persons contracted with the board of trustees pursuant to subsection (d) and any persons contracted with such persons to perform the functions specified in subsection (b) shall be deemed to be fiduciary agents of the board of trustees in the performance of contractual obligations.
(f) (1) Subject to the objective set forth in subsection (b) and the standards set forth in subsection (c), the board of trustees shall formulate and adopt policies and objectives for the investment and reinvestment of moneys in the fund and the acquisition, retention, management and disposition of investments of the fund. Such policies and objectives shall be in writing and shall include:
(A) Specific asset allocation standards and objectives;
(B) establishment of criteria for evaluating the risk versus the potential return on a particular investment; and
(C) a requirement that all investment advisors, and any managers or others with similar duties and responsibilities as investment advisors, shall immediately report all instances of default on investments to the board of trustees and provide such board of trustees with recommendations and options, including, but not limited to, curing the default or withdrawal from the investment.
(2) The board of trustees shall review such policies and objectives, make changes considered necessary or desirable and readopt such policies and objectives on an annual basis.
(g) (1) Except as provided in subsection (d) and this subsection, the custody of money and securities of the fund shall remain in the custody of the state treasurer, except that the board of trustees may arrange for the custody of such money and securities as it considers advisable with one or more member banks or trust companies of the federal reserve system or with one or more banks in the state of Kansas, or both, to be held in safekeeping by the banks or trust companies for the collection of the principal and interest or other income or of the proceeds of sale.
(2) The state treasurer and the board of trustees shall collect the principal and interest or other income of investments or the proceeds of sale of securities in the custody of the state treasurer and shall pay such moneys when so collected into the state treasury to the credit of the fund.
(3) The principal and interest or other income or the proceeds of sale of securities as provided in paragraph (1) of this subsection shall be reported to the state treasurer and the board of trustees and credited to the fund.
(h) All interest or other income of the investments of the moneys in the fund, after payment of any management fees, shall be considered income of the fund and shall be deposited in the state treasury to the credit of the fund.
(i) As used in this section:
(1) "Board of trustees" means the board of trustees of the Kansas public employees retirement system established by K.S.A. 74-4905 and amendments thereto.
(2) "Fiduciary" means a person who, with respect to the fund, is a person who:
(A) Exercises any discretionary authority with respect to administration of the fund;
(B) exercises any authority to invest or manage assets of the fund or has any authority or responsibility to do so;
(C) provides investment advice for a fee or other direct or indirect compensation with respect to the assets of the fund or has any authority or responsibility to do so;
(D) provides actuarial, accounting, auditing, consulting, legal or other professional services for a fee or other direct or indirect compensation with respect to the fund or has any authority or responsibility to do so; or
(E) is a member of the board of trustees or of the staff of the board of trustees.
(3) "Fund" means the Kansas endowment for youth fund and the family and the children endowment account of the family and children investment fund.
(4) With respect to the investment of moneys in the Kansas endowment for youth fund, "purposes for which the moneys may be used" means the purposes for which the moneys in the children's initiatives fund may be used, as provided in K.S.A. 38-2102, and amendments thereto, and "beneficiaries of the fund" means the beneficiaries of the children's initiatives fund, as provided by K.S.A. 38-2102, and amendments thereto.
(5) With respect to the investment of moneys in the family and children endowment account of the family and children investment fund, "purposes for which the moneys may be used" means the purposes for which the moneys in the family and children trust account of the family and children investment fund may be used, as provided in subsection (c) of K.S.A. 38-1808, and amendments thereto, and "beneficiaries of the fund" means the beneficiaries of the family and children trust account of the family and children investment fund may be used, as provided in subsection (c) of K.S.A. 38-1808, and amendments thereto.
History: L. 1999, ch. 172, § 4; July 1.
The board of trustees of the Kansas public employees retirement system shall report to the governor and to the legislature on the moneys credited to the Kansas endowment for youth fund and investment earnings thereon at least once each calendar quarter and on a monthly basis upon request of the governor, the president of the senate or the speaker of the house of representatives. In addition, the board of trustees shall submit a report on or before October 1 of each year to the director of the budget, the director of the legislative research department and the chairpersons of the senate committee on ways and means and the house of representatives committee on appropriations detailing the board's estimates as to the amounts of moneys that would be available for transfer from the Kansas endowment for youth fund to the children's initiatives fund during the ensuing fiscal year. The director of the budget and the governor shall use the information in such report in the preparation of the governor's budget report under K.S.A. 75-3721, and amendments thereto.
History: L. 1999, ch. 172, § 5; July 1.
K.S.A. 38-2201 through 38-2283, and amendments thereto, shall be known as and may be cited as the revised Kansas code for care of children.
(a) Proceedings pursuant to this code shall be civil in nature and all proceedings, orders, judgments and decrees shall be deemed to be pursuant to the parental power of the state. Any orders pursuant to this code shall take precedence over any similar order under chapter 23 of the Kansas Statutes Annotated, and amendments thereto, the Kansas family law code, article 11 of chapter 38 of the Kansas Statutes Annotated, and amendments thereto, determination of parentage, article 21 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, adoption and relinquishment act, article 30 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, guardians and conservators, or article 31 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, protection from abuse act, until jurisdiction under this code is terminated.
(b) The code shall be liberally construed to carry out the policies of the state which are to:
(1) Consider the safety and welfare of a child to be paramount in all proceedings under the code;
(2) provide that each child who comes within the provisions of the code shall receive the care, custody, guidance control and discipline that will best serve the child's welfare and the interests of the state, preferably in the child's home and recognizing that the child's relationship with such child's family is important to the child's well being;
(3) make the ongoing physical, mental and emotional needs of the child decisive considerations in proceedings under this code;
(4) acknowledge that the time perception of a child differs from that of an adult and to dispose of all proceedings under this code without unnecessary delay;
(5) encourage the reporting of suspected child abuse and neglect;
(6) investigate reports of suspected child abuse and neglect thoroughly and promptly;
(7) provide for the protection of children who have been subject to physical, mental or emotional abuse or neglect or sexual abuse;
(8) provide preventative and rehabilitative services, when appropriate, to abused and neglected children and their families so, if possible, the families can remain together without further threat to the children;
(9) provide stability in the life of a child who must be removed from the home of a parent; and
(10) place children in permanent family settings, in absence of compelling reasons to the contrary.
(c) Nothing in this code shall be construed to permit discrimination on the basis of disability.
(1) The disability of a parent shall not constitute a basis for a determination that a child is a child in need of care, for the removal of custody of a child from the parent, or for the termination of parental rights without a specific showing that there is a causal relation between the disability and harm to the child.
(2) In cases involving a parent with a disability, determinations made under this code shall consider the availability and use of accommodations for the disability, including adaptive equipment and support services.
(d) (1) Nothing in this code shall be construed to permit any person to compel a parent to medicate a child if the parent is acting in accordance with medical advice from a physician. The actions of a parent in such circumstances shall not constitute a basis for a determination that a child is a child in need of care, for the removal of custody of a child from the parent, or for the termination of parental rights without a specific showing that there is a causal relation between the actions and harm to the child.
(2) As used in this subsection, "physician" means a person licensed to practice medicine and surgery by the state board of healing arts or by an equivalent licensing board or entity in any state.
History: L. 2006, ch. 200, § 1; L. 2010, ch. 75, § 4; L. 2011, ch. 24, § 3; L. 2012, ch. 162, § 59; L. 2016, ch. 102, § 8; July 1.
(a) This section shall be known and may be cited as the Representative Gail Finney memorial foster care bill of rights.
(b) Consistent with the policy of the state expressed in K.S.A. 38-2201 et seq., and amendments thereto, in order to ensure proper care and protection of a child in need of care in the child welfare system, unless otherwise ordered by the court, such child shall have the right to:
(1) Live in a safe, comfortable placement, in accordance with K.S.A. 38-2255, and amendments thereto:
(A) Where such child lives in the least restrictive environment;
(B) where such child shall be treated with respect, have a place to store belongings and receive healthy food, adequate clothing and appropriate personal hygiene products;
(C) with siblings when possible; and
(D) upon proper investigation and consideration in accordance with K.S.A. 38-2242, and amendments thereto, with a relative, kinship care placement or someone from such child's community with similar religious beliefs or ethnic heritage;
(2) have visits with family;
(3) have as few placements as possible;
(4) have and maintain belongings by:
(A) Making a list of belongings to have when placed out of home;
(B) providing such list of belongings to such child's case manager;
(C) bringing such belongings when placed out of home; and
(D) if going on a visit or to a new placement, having belongings packed and transportable for the visit or move;
(5) have access to all appropriate school supplies, services, tutoring, extra-curricular, cultural and personal enrichment activities;
(6) attend school daily in accordance with K.S.A. 38-2218, and amendments thereto;
(7) receive a high school diploma if such child has earned the standard credits in accordance with K.S.A. 38-2285, and amendments thereto;
(8) be notified of all hearings held pursuant to the revised Kansas code for care of children, when age or developmentally appropriate;
(9) attend, in person or virtually, all court hearings held pursuant to the revised Kansas code for care of children, when age or developmentally appropriate;
(10) address the court regarding any proposed placement or placement change in accordance with K.S.A. 38-2262, and amendments thereto, when age or developmentally appropriate;
(11) have a guardian ad litem represent the best interests of the child, in accordance with K.S.A. 38-2205, and amendments thereto, and contact such child regularly;
(12) request an attorney who will represent the position of the child, if different than the determinations of the guardian ad litem, in accordance with K.S.A. 38-2205, and amendments thereto;
(13) have privacy to send and receive unopened mail and make and receive phone calls;
(14) have regular and private contact with and access to case managers, attorneys and advocates;
(15) access accurate and necessary information for such child's well-being from case managers, guardians and any person who is by law liable to maintain, care for or support the child;
(16) have as few changes in case managers as possible;
(17) contact a case manager's supervisor if there is a conflict that cannot be resolved between such child and such child's case manager;
(18) report a violation of this section without fear of punishment, interference, coercion or retaliation; and
(19) when transitioning out of the child welfare system:
(A) Be an active participant in developing a transition plan, as defined in K.S.A. 38-2202, and amendments thereto;
(B) have services and benefits explained;
(C) have a checking or savings account;
(D) learn to manage money, when age or developmentally appropriate;
(E) learn job skills that are age or developmentally appropriate; and
(F) be involved in life skills training and activities.
(c) Consistent with the policy of the state expressed in K.S.A. 38-2201 et seq., and amendments thereto, in order to ensure active participation of foster parents and kinship caregivers as an integral, indispensable and vital role in the state's efforts to care for children in the custody of the secretary, unless otherwise ordered by the court, such foster parents and kinship caregivers shall have the right to:
(1) Be treated by the Kansas department for children and families and other child welfare system stakeholders with dignity, respect and trust as a primary provider of care and support and a member of the professional team caring for a child in the custody of the secretary;
(2) not be discriminated in accordance with the Kansas act against discrimination, K.S.A. 44-1001, et seq., and amendments thereto, and federal law;
(3) continue with such foster parents' and kinship caregivers' own family values and beliefs with consideration given to the special needs of children who have experienced trauma and separation from their biological families, if the values and beliefs of the child and the biological family are respected and not infringed upon;
(4) make decisions concerning the child consistent with the policies, procedures and other directions of the Kansas department for children and families and within the limits of state and federal law;
(5) receive standardized preservice training by the Kansas department for children and families or the department's designee and at appropriate intervals to meet mutually assessed needs of the child, such foster parents and kinship caregivers;
(6) receive timely financial reimbursement and be notified of any costs or expenses for which such foster parents and kinship caregivers may be eligible for reimbursement in accordance with K.S.A. 38-2216, and amendments thereto;
(7) receive information regarding services and contact the Kansas department for children and families or the department's designee during regular business hours and, in the event of an emergency, by telephone after business hours;
(8) receive any information on issues concerning the child and known to the Kansas department for children and families or the department's designee that is relevant to the care of the child or that may jeopardize the health and safety of the foster family, the kinship care placement or the child or alter the manner in which care and services should be administered prior to the placement of such child;
(9) discuss known information regarding the child prior to placement and be provided additional information from the Kansas department for children and families or the department's designee as such information becomes available under state and federal law;
(10) refuse placement of a child in such foster parents' and kinship caregivers' home or request the removal of a child from such foster parents' and kinship caregivers' home after providing reasonable notice;
(11) receive any available information through the Kansas department for children and families regarding the number of times a child has been placed and the reasons for such placements, and receive the names and phone numbers of any previous placements if such placements have authorized such a release by law;
(12) receive information from the Kansas department for children and families that is relevant to the care of a child when the child is placed with such foster parents and kinship caregivers;
(13) provide input and participate in the case planning process for the child and participate in and be informed about the planning of visitation between the child and the child's biological family, recognizing that visitation with the child's biological family is important, in accordance with K.S.A. 38-2255, and amendments thereto;
(14) communicate with the child's child welfare case management provider and share and obtain relevant and appropriate information regarding such child's placement;
(15) communicate with members of the child's professional team, including, but not limited to, such child's child welfare management provider, therapists, physicians and teachers as allowed by rules and regulations and state and federal law, for the purpose of participating in such child's case plan;
(16) be notified in advance of any court hearing or review where the case plan or permanency of the child is an issue, including periodic reviews held by the court, in accordance with the revised Kansas code for care of children;
(17) be considered as a placement option, if a child who was formerly placed with such parents or kinship caregivers is in the custody of the secretary again;
(18) continue contact and communication with a child subsequent to the child's placement from such foster parents' and kinship caregivers' home, subject to the approval of the child and the child's biological parents, if such biological parents' rights have not been terminated;
(19) direct questions to the Kansas department for children and families regarding information, concerns, policy violations and a corrective action plan relating to licensure as a family foster home;
(20) have the rights described in this section be given full consideration when the Kansas department for children and families develops and approves policies regarding placement and permanency;
(21) submit a report to the court pursuant to K.S.A. 38-2261, and amendments thereto; and
(22) request a court hearing regarding a change of placement notice pursuant to K.S.A. 38-2258, and amendments thereto, if a child has been placed with the same foster parents for six months or longer.
(d) (1) The secretary shall provide written and oral notification to foster youth, foster parents and kinship caregivers of the rights created under this section and information for filing complaints.
(2) The secretary shall make a list of the rights created under this section digitally available on the secretary's website.
(3) Each child welfare management provider shall make available physical and digital copies of a list of the rights created under this section.
(e) This section shall not be construed to create a private right of action independent of the revised Kansas code for care of children, but may be enforced through equitable relief as a part of the corresponding case under the revised Kansas code for care of children.
(f) This section shall be a part of and supplemental to the revised Kansas code for care of children.
History: L. 2023, ch. 70, § 2; May 4.
As used in the revised Kansas code for care of children, unless the context otherwise indicates:
(a) "Abandon" or "abandonment" means to forsake, desert or, without making appropriate provision for substitute care, cease providing care for the child.
(b) "Adult correction facility" means any public or private facility, secure or nonsecure, that is used for the lawful custody of accused or convicted adult criminal offenders.
(c) "Aggravated circumstances" means the abandonment, torture, chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
(d) "Child in need of care" means a person less than 18 years of age at the time of filing of the petition or issuance of an ex parte protective custody order pursuant to K.S.A. 38-2242, and amendments thereto, who:
(1) Is without adequate parental care, control or subsistence and the condition is not due solely to the lack of financial means of the child's parents or other custodian;
(2) is without the care or control necessary for the child's physical, mental or emotional health;
(3) has been physically, mentally or emotionally abused or neglected or sexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-3421 or 72-3120, and amendments thereto;
(7) except in the case of a violation of K.S.A. 41-727, 74-8810(j), 79-3321(m) or (n), or K.S.A. 21-6301(a)(14), and amendments thereto, or, except as provided in paragraph (12), does an act which, when committed by a person under 18 years of age, is prohibited by state law, city ordinance or county resolution, but which is not prohibited when done by an adult;
(8) while less than 10 years of age, commits any act that if done by an adult would constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-5102, and amendments thereto;
(9) is willfully and voluntarily absent from the child's home without the consent of the child's parent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a court ordered or designated placement, or a placement pursuant to court order, if the absence is without the consent of the person with whom the child is placed or, if the child is placed in a facility, without the consent of the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another person under 18 years of age, who has been physically, mentally or emotionally abused or neglected, or sexually abused;
(12) while less than 10 years of age commits the offense defined in K.S.A. 21-6301(a)(14), and amendments thereto;
(13) has had a permanent custodian appointed and the permanent custodian is no longer able or willing to serve; or
(14) has been subjected to an act that would constitute human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto, or has committed an act which, if committed by an adult, would constitute selling sexual relations, as defined by K.S.A. 21-6419, and amendments thereto.
(e) "Child abuse medical resource center" means a medical institution affiliated with an accredited children's hospital or a recognized institution of higher education that has an accredited medical school program with board-certified child abuse pediatricians who provide training, support, mentoring and peer review to CARE providers on CARE exams.
(f) "Child abuse review and evaluation exam" or "CARE exam" means a forensic medical evaluation of a child alleged to be a victim of abuse or neglect conducted by a CARE provider.
(g) "Child abuse review and evaluation network" or "CARE network" means a network of CARE providers, child abuse medical resource centers and any medical provider associated with a child advocacy center that has the ability to conduct a CARE exam that collaborate to improve services provided to a child alleged to be a victim of abuse or neglect.
(h) "Child abuse review and evaluation provider" or "CARE provider" means a person licensed to practice medicine and surgery, advanced practice registered nurse or licensed physician assistant who performs CARE exams of and provides medical diagnosis and treatment to a child alleged to be a victim of abuse or neglect and who receives:
(1) Kansas-based initial intensive training regarding child maltreatment from the CARE network;
(2) continuous trainings on child maltreatment from the CARE network; and
(3) peer review and new provider mentoring regarding medical evaluations from a child abuse medical resource center.
(i) "Child abuse review and evaluation referral" or "CARE referral" means a brief written review of allegations of physical abuse, emotional abuse, medical neglect or physical neglect submitted by the secretary or law enforcement agency to a child abuse medical resource center for a recommendation of such child's need for medical care that may include a CARE exam.
(j) "Citizen review board" is a group of community volunteers appointed by the court and whose duties are prescribed by K.S.A. 38-2207 and 38-2208, and amendments thereto.
(k) "Civil custody case" includes any case filed under chapter 23 of the Kansas Statutes Annotated, and amendments thereto, the Kansas family law code, article 11 of chapter 38 of the Kansas Statutes Annotated, and amendments thereto, determination of parentage, article 21 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, adoption and relinquishment act, or article 30 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, guardians and conservators.
(l) "Court-appointed special advocate" means a responsible adult other than an attorney guardian ad litem who is appointed by the court to represent the best interests of a child, as provided in K.S.A. 38-2206, and amendments thereto, in a proceeding pursuant to this code.
(m) "Custody" whether temporary, protective or legal, means the status created by court order or statute that vests in a custodian, whether an individual or an agency, the right to physical possession of the child and the right to determine placement of the child, subject to restrictions placed by the court.
(n) "Extended out of home placement" means a child has been in the custody of the secretary and placed with neither parent for 15 of the most recent 22 months beginning 60 days after the date at which a child in the custody of the secretary was removed from the child's home.
(o) "Educational institution" means all schools at the elementary and secondary levels.
(p) "Educator" means any administrator, teacher or other professional or paraprofessional employee of an educational institution who has exposure to a pupil specified in K.S.A. 72-6143(a), and amendments thereto.
(q) "Harm" means physical or psychological injury or damage.
(r) "Interested party" means the grandparent of the child, a person with whom the child has been living for a significant period of time when the child in need of care petition is filed, and any person made an interested party by the court pursuant to K.S.A. 38-2241, and amendments thereto, or Indian tribe seeking to intervene that is not a party.
(s) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an adult jail or lockup, unless the facility meets all applicable standards and licensure requirements under law and there is: (A) Total separation of the juvenile and adult facility spatial areas such that there could be no haphazard or accidental contact between juvenile and adult residents in the respective facilities; (B) total separation in all juvenile and adult program activities within the facilities, including recreation, education, counseling, health care, dining, sleeping and general living activities; and (C) separate juvenile and adult staff, including management, security staff and direct care staff such as recreational, educational and counseling.
(t) "Juvenile detention facility" means any secure public or private facility used for the lawful custody of accused or adjudicated juvenile offenders that must not be a jail.
(u) "Juvenile intake and assessment worker" means a responsible adult authorized to perform intake and assessment services as part of the intake and assessment system established pursuant to K.S.A. 75-7023, and amendments thereto.
(v) "Kinship care placement" means the placement of a child in the home of an adult with whom the child or the child's parent already has close emotional ties.
(w) "Kinship caregiver" means an adult who the secretary has selected for placement for a child in need of care with whom the child or the child's parent already has close emotional ties.
(x) "Law enforcement officer" means any person who by virtue of office or public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.
(y) "Multidisciplinary team" means a group of persons, appointed by the court under K.S.A. 38-2228, and amendments thereto, that has knowledge of the circumstances of a child in need of care.
(z) "Neglect" means acts or omissions by a parent, guardian or person responsible for the care of a child resulting in harm to a child, or presenting a likelihood of harm, and the acts or omissions are not due solely to the lack of financial means of the child's parents or other custodian. Neglect may include, but shall not be limited to:
(1) Failure to provide the child with food, clothing or shelter necessary to sustain the life or health of the child;
(2) failure to provide adequate supervision of a child or to remove a child from a situation that requires judgment or actions beyond the child's level of maturity, physical condition or mental abilities and that results in bodily injury or a likelihood of harm to the child; or
(3) failure to use resources available to treat a diagnosed medical condition if such treatment will make a child substantially more comfortable, reduce pain and suffering, or correct or substantially diminish a crippling condition from worsening. A parent legitimately practicing religious beliefs who does not provide specified medical treatment for a child because of religious beliefs shall, not for that reason, be considered a negligent parent; however, this exception shall not preclude a court from entering an order pursuant to K.S.A. 38-2217(a)(2), and amendments thereto.
(aa) "Parent" when used in relation to a child or children, includes a guardian and every person who is by law liable to maintain, care for or support the child.
(bb) "Party" means the state, the petitioner, the child, any parent of the child and an Indian child's tribe intervening pursuant to the Indian child welfare act.
(cc) "Permanency goal" means the outcome of the permanency planning process, which may be reintegration, adoption, appointment of a permanent custodian, establishment of SOUL family legal permanency or another planned permanent living arrangement.
(dd) "Permanent custodian" means a judicially approved permanent guardian of a child pursuant to K.S.A. 38-2272, and amendments thereto.
(ee) "Physical, mental or emotional abuse" means the infliction of physical, mental or emotional harm or the causing of a deterioration of a child and may include, but shall not be limited to, maltreatment or exploiting a child to the extent that the child's health or emotional well-being is endangered.
(ff) "Placement" means the designation by the individual or agency having custody of where and with whom the child will live.
(gg) "Qualified residential treatment program" means a program designated by the secretary for children and families as a qualified residential treatment program pursuant to federal law.
(hh) "Reasonable and prudent parenting standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural and social activities.
(ii) "Relative" means a person related by blood, marriage or adoption.
(jj) "Runaway" means a child who is willfully and voluntarily absent from the child's home without the consent of the child's parent or other custodian.
(kk) "Secretary" means the secretary for children and families or the secretary's designee.
(ll) "Secure facility" means a facility, other than a staff secure facility or juvenile detention facility, that is operated or structured so as to ensure that all entrances and exits from the facility are under the exclusive control of the staff of the facility, whether or not the person being detained has freedom of movement within the perimeters of the facility, or that relies on locked rooms and buildings, fences or physical restraint in order to control behavior of its residents. No secure facility shall be in a city or county jail.
(mm) "Sexual abuse" means any contact or interaction with a child in which the child is being used for the sexual stimulation of the perpetrator, the child or another person. Sexual abuse shall include, but is not limited to, allowing, permitting or encouraging a child to:
(1) Be photographed, filmed or depicted in pornographic material; or
(2) be subjected to aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if committed in whole or in part for the purpose of the sexual gratification of the offender or another, or be subjected to an act that would constitute conduct proscribed by article 55 of chapter 21 of the Kansas Statutes Annotated or K.S.A. 21-6419 or 21-6422, and amendments thereto.
(nn) "Shelter facility" means any public or private facility or home, other than a juvenile detention facility or staff secure facility, that may be used in accordance with this code for the purpose of providing either temporary placement for children in need of care prior to the issuance of a dispositional order or longer term care under a dispositional order.
(oo) "Support, opportunity, unity, legal relationships family legal permanency" or "SOUL family legal permanency" means the appointment of one or more adults, approved by a child who is 16 years of age or older and the subject of a child in need of care proceeding, pursuant to K.S.A. 38-2272a, and amendments thereto.
(pp) "Staff secure facility" means a facility described in K.S.A. 65-535, and amendments thereto: (1) That does not include construction features designed to physically restrict the movements and activities of juvenile residents who are placed therein; (2) that may establish reasonable rules restricting entrance to and egress from the facility; and (3) in which the movements and activities of individual juvenile residents may, for treatment purposes, be restricted or subject to control through the use of intensive staff supervision. No staff secure facility shall be in a city or county jail.
(qq) "Transition plan" means, when used in relation to a youth in the custody of the secretary, an individualized strategy for the provision of medical, mental health, education, employment and housing supports as needed for the adult and, if applicable, for any minor child of the adult, to live independently and specifically provides for the supports and any services for which an adult with a disability is eligible including, but not limited to, funding for home and community based services waivers.
(rr) "Youth residential facility" means any home, foster home or structure that provides 24-hour-a-day care for children and that is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(ss) "Behavioral health crisis" means behavioral and conduct issues that impact the safety or health of a child, members of the child's household or family or members of the community, including, but not limited to, non-life threatening mental health and substance abuse concerns.
History: L. 2006, ch. 200, § 2; L. 2008, ch. 169, § 1; L. 2009, ch. 99, § 1; L. 2010, ch. 75, § 5; L. 2011, ch. 30, § 155; L. 2012, ch. 162, § 60; L. 2013, ch. 120, § 31; L. 2015, ch. 94, § 12; L. 2016, ch. 102, § 9; L. 2018, ch. 107, § 8; L. 2019, ch. 43, § 3; L. 2023, ch. 70, § 5; L. 2024, ch. 47, § 2; July 1.
History: L. 2006, ch. 200, § 2; L. 2008, ch. 169, § 1; L. 2009, ch. 99, § 1; L. 2010, ch. 75, § 5; L. 2011, ch. 30, § 155; L. 2012, ch. 162, § 60; L. 2013, ch. 120, § 31; L. 2015, ch. 94, § 12; L. 2016, ch. 102, § 9; L. 2018, ch. 107, § 8; L. 2019, ch. 43, § 3; L. 2023, ch. 96, § 3; Repealed, L. 2024, ch. 47, § 10; July 1.
(a) Proceedings concerning any child who may be a child in need of care shall be governed by this code, except in those instances when the court knows or has reason to know that an Indian child is involved in the proceeding, in which case, the Indian child welfare act of 1978, 25 U.S.C. § 1901 et seq., applies. The Indian child welfare act may apply to: The filing to initiate a child in need of care proceeding, K.S.A. 38-2234, and amendments thereto; ex parte custody orders, K.S.A. 38-2242, and amendments thereto; temporary custody hearing, K.S.A. 38-2243, and amendments thereto; adjudication, K.S.A. 38-2247, and amendments thereto; burden of proof, K.S.A. 38-2250, and amendments thereto; disposition, K.S.A. 38-2255, and amendments thereto; permanency hearings, K.S.A. 38-2264, and amendments thereto; termination of parental rights, K.S.A. 38-2267, 38-2268 and 38-2269, and amendments thereto; establishment of permanent custodianship, K.S.A. 38-2268 and 38-2272, and amendments thereto; establishment of SOUL family legal permanency, K.S.A. 2025 Supp. 38-2272a, and amendments thereto; the newborn infant protection act, K.S.A. 38-2282, and amendments thereto; the Representative Gail Finney memorial foster care bill of rights, K.S.A. 2025 Supp. 38-2201a, and amendments thereto; the placement of a child in any foster, pre-adoptive and adoptive home and the placement of a child in a guardianship arrangement under article 30 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto.
(b) Subject to the uniform child custody jurisdiction and enforcement act, K.S.A. 23-37,101 through 23-37,405, and amendments thereto, the district court shall have original jurisdiction of proceedings pursuant to this code.
(c) The court acquires jurisdiction over a child by the filing of a petition pursuant to this code or upon issuance of an ex parte order pursuant to K.S.A. 38-2242, and amendments thereto. When the court acquires jurisdiction over a child in need of care, jurisdiction may continue until the child has:
(1) Become 18 years of age, or until June 1 of the school year during which the child became 18 years of age if the child is still attending high school unless there is no court approved transition plan, in which event jurisdiction may continue until a transition plan is approved by the court or until the child reaches 21 years of age;
(2) been adopted;
(3) SOUL family legal permanency as ordered by the court pursuant to K.S.A. 2025 Supp. 38-2272a, and amendments thereto, and such jurisdiction may continue until the child has reached 18 years of age, or until June 1 of the school year during which the child reached 18 years of age if the child is still attending high school; or
(4) been discharged by the court.
(d) Any child 18 years of age or over may request, in writing to the court, that the jurisdiction of the court cease. The court shall give notice of the request to all parties and interested parties and 30 days after receipt of the request, jurisdiction will cease.
(e) When it is no longer appropriate for the court to exercise jurisdiction over a child, the court, upon its own motion or the motion of a party or interested party at a hearing or upon agreement of all parties or interested parties, shall enter an order discharging the child. Except upon request of the child pursuant to subsection (d), the court shall not enter an order discharging a child until June 1 of the school year during which the child becomes 18 years of age if the child is in an out-of-home placement, is still attending high school and has not completed the child's high school education.
(f) When a petition is filed under this code, a person who is alleged to be under 18 years of age shall be presumed to be under that age for the purposes of this code, unless the contrary is proved.
(g) A court's order issued in a proceeding pursuant to this code, shall take precedence over such orders in a civil custody case, a proceeding under article 31 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, protection from abuse act, or a comparable case in another jurisdiction, except as provided by K.S.A. 23-37,101 through 23-37,405, and amendments thereto, uniform child custody jurisdiction and enforcement act.
(h) If a child is eligible to receive services from the Kansas department for children and families, the department of corrections or the judicial branch, such agencies shall collaborate to provide such services. Nothing in this subsection shall preclude the child from accessing services provided by the Kansas department for children and families, the department of corrections, the judicial branch or any other state agency if the child is otherwise eligible for the services.
History: L. 2006, ch. 200, § 3; L. 2008, ch. 169, § 2; L. 2009, ch. 99, § 2; L. 2010, ch. 75, § 6; L. 2011, ch. 24, § 4; L. 2012, ch. 162, § 61; L. 2023, ch. 70, § 4; L. 2024, ch. 47, § 3; L. 2024, ch. 100, § 5; July 1.
History: L. 2006, ch. 200, § 3; L. 2008, ch. 169, § 2; L. 2009, ch. 99, § 2; L. 2010, ch. 75, § 6; L. 2011, ch. 24, § 4; L. 2012, ch. 162, § 61; L. 2023, ch. 96, § 4; Repealed, L. 2024, ch. 100, § 16; July 1.
(a) Venue of any case involving a child in need of care shall be in the county of the child's residence or in the county where the child is found.
(b) Upon application of any party or interested party and after notice to all other parties and interested parties, the court in which the petition was originally filed alleging that a child is a child in need of care may order the proceedings transferred to the court of the county where: (1) The child is physically present; (2) the parent or parents reside; or (3) other proceedings are pending in this state concerning custody of the child. The judge of the court in which the case is pending shall consult with the judge of the proposed receiving court prior to transfer of the case. If the judges do not agree that the case should be transferred or if a hearing is requested, a hearing shall be held on the desirability of the transfer, with notice to parties or interested parties, the secretary and the proposed receiving court. If the judge of the transferring court orders the case transferred, the order of transfer shall include findings stating why the case is being transferred and, if available, the names and addresses of all interested parties to whom the receiving court should provide notice of any further proceedings. The receiving court shall accept the case. Upon a judge ordering a transfer of venue, the clerk shall transmit the contents of the official file and a complete copy of the social file to the court to which venue is transferred, and, upon receipt of the record, the receiving court shall assume jurisdiction as if the proceedings were originally filed in that court. The transferring judge, if an adjudicatory hearing has been held, shall also transmit recommendations as to disposition. The court may return the case to the court where it originated if the child is not present in the receiving county or, the receiving county is not the residence of the child's parent or parents.
History: L. 2006, ch. 200, § 4; January 1, 2007.
(a)
Appointment of guardian ad litem and attorney for child; duties.
Upon the filing of a petition, the court shall appoint an attorney to serve as guardian ad litem for a child who is the subject of proceedings under this code. The guardian ad litem shall make an independent investigation of the facts upon which the petition is based and shall appear for and represent the best interests of the child. When the child's position is not consistent with the determination of the guardian ad litem as to the child's best interests, the guardian ad litem shall inform the court of the disagreement. The guardian ad litem or the child may request the court to appoint a second attorney to serve as attorney for the child, and the court, on good cause shown, may appoint such second attorney. The attorney for the child shall allow the child and the guardian ad litem to communicate with one another but may require such communications to occur in the attorney's presence.
(b)
Attorney for parent or custodian.
A parent of a child alleged or adjudged to be a child in need of care may be represented by an attorney, in connection with all proceedings under this code. At the first hearing in connection with proceedings under this code, the court shall distribute a pamphlet, designed by the court, to the parents of a child alleged or adjudged to be a child in need of care, to advise the parents of their rights in connection with all proceedings under this code.
(1) If at any stage of the proceedings a parent desires but is financially unable to employ an attorney, the court shall appoint an attorney for the parent. It shall not be necessary to appoint an attorney to represent a parent who fails or refuses to attend the hearing after having been properly served with process in accordance with K.S.A. 38-2237, and amendments thereto. A parent or custodian who is not a minor, a mentally ill person or a disabled person may waive counsel either in writing or on the record.
(2) The court shall appoint an attorney for a parent who is a minor, a mentally ill person or a disabled person unless the court determines that there is an attorney retained who will appear and represent the interests of the person in the proceedings under this code.
(3) As used in this subsection: (A) "Mentally ill person" shall have the meaning ascribed thereto in K.S.A. 59-2946, and amendments thereto; and (B) "disabled person" shall have the meaning ascribed thereto in K.S.A. 77-201, and amendments thereto.
(c)
Attorney for interested parties.
A person who, pursuant to K.S.A. 38-2241, and amendments thereto, is an interested party in a proceeding involving a child alleged to be a child in need of care may be represented by an attorney in connection with all proceedings under this code. At the first hearing in connection with proceedings under this code, the court shall distribute a pamphlet, designed by the court, to interested parties in a proceeding involving a child alleged or adjudged to be a child in need of care, to advise interested parties of their rights in connection with all proceedings under this code. It shall not be necessary to appoint an attorney to represent an interested party who fails or refuses to attend the hearing after having been properly served with process in accordance with K.S.A. 38-2237, and amendments thereto. If at any stage of the proceedings a person who is an interested party under subsection (d) of K.S.A. 38-2241, and amendments thereto, desires but is financially unable to employ an attorney, the court may appoint an attorney for the interested party.
(d)
Continuation of representation.
A guardian ad litem appointed to represent the best interests of a child or a second attorney appointed for a child as provided in subsection (a), or an attorney appointed for a parent or custodian shall continue to represent the client at all subsequent hearings in proceedings under this code, including any appellate proceedings, unless relieved by the court upon a showing of good cause or upon transfer of venue.
(e)
Fees for counsel.
An attorney appointed pursuant to this section shall be allowed a reasonable fee for services, which may be assessed as an expense in the proceedings as provided in K.S.A. 38-2215, and amendments thereto.
History: L. 2006, ch. 200, § 5; January 1, 2007.
(a) The court at any stage of a proceeding pursuant to this code may appoint a special advocate for the child who shall serve until discharged by the court and whose primary duties shall be to advocate the best interests of the child and assist the child in obtaining a permanent, safe and homelike placement. The court-appointed special advocate shall have such qualifications and perform such specific duties and responsibilities as prescribed by rule of the supreme court.
(b) Any person participating in a judicial proceeding as a court-appointed special advocate shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any civil liability that otherwise might be incurred or imposed.
History: L. 2006, ch. 200, § 6; January 1, 2007.
(a) Subject to the availability of funds in the permanent families account of the family and children investment fund for citizen review boards, and subject to a request from a judicial district, there shall be citizen review boards in judicial districts, or portions of such districts.
(b) The chief judge of the judicial district, or another judge designated by the chief judge, shall appoint three to seven citizens from the community to serve on each citizen review board. Such members shall represent the various socioeconomic and ethnic groups of the judicial district, and shall have a special interest in children. Such judge may also appoint alternates when necessary.
(c) The term of appointment shall be two years and members may be reappointed.
(d) Members shall serve without compensation but may be reimbursed for mileage for out-of-county reviews.
(e) Each citizen review board shall meet quarterly and may meet monthly if the number of cases to review requires such meetings.
(f) Members and alternates appointed to citizen review boards shall receive at least six hours of training before reviewing a case.
History: L. 2006, ch. 200, § 7; January 1, 2007.
(a) The citizen review board shall have the duty, authority and power to:
(1) Review each case referred to them, and such additional cases as the board deems appropriate, of a child who is the subject of a child in need of care petition or who has been adjudicated a child in need of care, receive verbal information from all persons with pertinent knowledge of the case and have access to materials contained in the court's files on the case;
(2) determine the progress which has been made to acquire a permanent home for the child in need of care;
(3) suggest an alternative case goal if progress has been insufficient; and
(4) make recommendations to the judge regarding further actions on the case.
(b) The initial review by the citizen review board may take place any time after a petition is filed for a child in need of care.
(c) In any case referred to a citizen review board, the court shall conduct a hearing at least once each year.
(d) The judge shall consider the citizen review board recommendations in making an authorized dispositional order pursuant to K.S.A. 38-2255, and amendments thereto, and may incorporate the citizen review board's recommendations into an order in lieu of a hearing.
(e) Three members of the citizen review board shall be present to review a case.
(f) The court shall provide a place for the reviews to be held. The citizen review board members shall travel to the county of the family residence of the child being reviewed to hold the review.
History: L. 2006, ch. 200, § 8; L. 2010, ch. 75, § 7; July 1.
(a)
Confidentiality requirements.
In order to protect the privacy of children who are the subject of a child in need of care record or report, the records identified in this section shall be confidential and shall not be disclosed except as provided in K.S.A. 38-2210 through 38-2213, and amendments thereto. Confidential records that are disclosed pursuant to K.S.A. 38-2210 through 38-2213, and amendments thereto, shall not be further disclosed except to persons or entities authorized to receive them as provided in those sections, or by being presented as admissible evidence.
(1) Court records. Court records include both the official file and the social file.
(A) Official file. The official file of proceedings pursuant to this code shall consist of the pleadings, process, service of process, orders, writs and journal entries reflecting hearings held and judgments and decrees entered by the court. The official file shall be kept separate from other records of the court.
(B) Social file. The social file of proceedings pursuant to this code shall consist of reports and information received by the court, other than the official file. The social file shall be kept separate from other records of the court.
(2) Agency records. Agency records shall consist of all records and reports in the possession or control of the secretary or any agent of the secretary or of a juvenile intake and assessment agency concerning children alleged or adjudicated to be in need of care.
(3) Law enforcement records. Law enforcement records shall consist of all records and reports in the possession of a law enforcement agency concerning children alleged or adjudicated to be in need of care and shall, to the extent practical, be kept separate from other records held by a law enforcement agency.
(b)
Penalties for improper disclosure of confidential records.
No individual, association, partnership, corporation or other entity shall willfully or knowingly disclose, permit or encourage disclosure of the contents of records or reports in violation of the confidentiality requirements of this section. The court in a child in need of care proceeding may impose a civil penalty of up to $1,000 on any person or entity that violates this section. Violation of this section is a class A nonperson misdemeanor.
(c)
Immunity.
The following immunities shall apply to the disclosure of confidential information:
(1) Anyone who participates in providing or receiving information without malice under the provisions of K.S.A. 38-2210 through 38-2213, and amendments thereto, shall have immunity from any civil liability that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceedings resulting from providing or receiving information.
(2) The sharing of any information pursuant to this code by any person licensed or registered by the behavioral science regulatory board shall not be subject to review under any rules or regulations adopted by the behavioral sciences regulatory board.
(d)
Risk of harm to child or others.
Access to or disclosure of information pursuant to K.S.A. 38-2210 through 38-2213, and amendments thereto, is not required if the person or entity in possession of a record or report has reason to believe the person requesting such information may harm a child or other person as a result of such access or disclosure. The court may enter an order compelling or prohibiting access to, or disclosure of information.
History: L. 2004, ch. 178, § 1; July 1.
To facilitate investigation and ensure the provision of necessary services to children who may be in need of care and such children's families, the following persons and entities with responsibilities concerning a child who is alleged or adjudicated to be in need of care shall freely exchange information:
(a) The secretary.
(b) The secretary of corrections.
(c) A law enforcement agency investigating or receiving such report. Such information shall include information and records disclosed pursuant to K.S.A. 38-2212(e), and amendments thereto.
(d) Members of a court appointed multidisciplinary team.
(e) An entity mandated by federal law or an agency of any state authorized to receive and investigate reports of a child known or suspected to be in need of care.
(f) A military enclave or Indian tribal organization authorized to receive and investigate reports of a child known or suspected to be in need of care.
(g) A county or district attorney with responsibility for filing a petition pursuant to K.S.A. 38-2214, and amendments thereto.
(h) A court services officer who has taken a child into custody pursuant to K.S.A. 38-2231, and amendments thereto.
(i) An intake and assessment worker.
(j) Any community corrections program which has the child under court ordered supervision.
(k) The department of health and environment or persons authorized by the department of health and environment pursuant to K.S.A. 65-512, and amendments thereto, for the purpose of carrying out responsibilities relating to licensure or registration of child care providers as required by article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(l) The interstate compact for juveniles compact administrator for the purpose of carrying out the responsibilities related to the interstate compact for juveniles.
History: L. 2004, ch. 178, § 2; L. 2016, ch. 102, § 10; L. 2022, ch. 92, § 5; July 1.
(a)
Access to the official file.
The following persons or entities shall have access to the official file of a child in need of care proceeding pursuant to this code:
(1) The court having jurisdiction over the proceedings, including the presiding judge and any court personnel designated by the judge.
(2) The parties to the proceedings and their attorneys.
(3) The guardian ad litem for a child who is the subject of the proceeding.
(4) A court appointed special advocate for a child who is the subject of the proceeding or a paid staff member of a court appointed special advocate program.
(5) Any individual, or any public or private agency or institution, having custody of the child under court order or providing educational, medical or mental health services to the child or any placement provider or potential placement provider as determined by the secretary or court services officer.
(6) A citizen review board.
(7) The secretary of corrections or any agents designated by the secretary of corrections.
(8) Any county or district attorney from another jurisdiction with a pending child in need of care matter regarding any of the same parties.
(9) The office of the child advocate pursuant to the child advocate act.
(10) Any other person when authorized by a court order, subject to any conditions imposed by the order.
(11) An investigating law enforcement agency.
(b)
Access to the social file.
The following persons or entities shall have access to the social file of a child in need of care proceeding pursuant to this code:
(1) The court having jurisdiction over the proceeding, including the presiding judge and any court personnel designated by the judge.
(2) The attorney for a party to the proceeding or the person or persons designated by an Indian tribe that is a party.
(3) The guardian ad litem for a child who is the subject of the proceeding.
(4) A court appointed special advocate for a child who is the subject of the proceeding or a paid staff member of a court appointed special advocate program.
(5) A citizen review board.
(6) The secretary.
(7) The secretary of corrections or any agents designated by the secretary of corrections.
(8) Any county or district attorney from another jurisdiction with a pending child in need of care matter regarding any of the same parties or interested parties.
(9) The office of the child advocate pursuant to the child advocate act.
(10) Any other person when authorized by a court order, subject to any conditions imposed by the order.
(11) An investigating law enforcement agency.
(c)
Preservation of records.
The Kansas state historical society shall be allowed to take possession for preservation in the state archives of any court records related to proceedings under the Kansas code for care of children whenever such records otherwise would be destroyed. No such records in the custody of the Kansas state historical society shall be disclosed directly or indirectly to anyone for 70 years after creation of the records, except as provided in subsections (a) and (b). Pursuant to subsections (a)(10) and (b)(10), a judge of the district court may allow inspection for research purposes of any court records in the custody of the Kansas state historical society related to proceedings under the Kansas code for care of children.
History: L. 1982, ch. 182, § 6; L. 1988, ch. 139, § 1; L. 1992, ch. 318, § 1; L. 1996, ch. 229, § 32; L. 2004, ch. 178, § 3; L. 2008, ch. 145, § 7; L. 2009, ch. 143, § 15; L. 2016, ch. 102, § 11; L. 2022, ch. 92, § 6; L. 2024, ch. 73, § 7; July 1.
History: L. 1982, ch. 182, § 6; L. 1988, ch. 139, § 1; L. 1992, ch. 318, § 1; L. 1996, ch. 229, § 32; L. 2004, ch. 178, § 3; L. 2008, ch. 169, § 3; Repealed, L. 2009, ch. 143, § 37; July 1.
(a)
Principle of appropriate access.
Information contained in confidential agency records concerning a child alleged or adjudicated to be in need of care may be disclosed as provided in this section and shall be disclosed as provided in subsection (e). Disclosure shall in all cases be guided by the principle of providing access only to persons or entities with a need for information that is directly related to achieving the purposes of this code.
(b)
Free exchange of information.
Pursuant to K.S.A. 38-2210, and amendments thereto, the secretary and juvenile intake and assessment agencies shall participate in the free exchange of information concerning a child who is alleged or adjudicated to be in need of care.
(c)
Necessary access.
The following persons or entities shall have access to information from agency records. Access shall be limited to information reasonably necessary to carry out their lawful responsibilities, to maintain their personal safety and the personal safety of individuals in their care, or to educate, diagnose, treat, care for or protect a child alleged to be in need of care. Information authorized to be disclosed pursuant to this subsection shall not contain information that identifies a reporter of a child who is alleged or adjudicated to be a child in need of care.
(1) A child named in the report or records, a guardian ad litem appointed for the child and the child's attorney.
(2) A parent or other person responsible for the welfare of a child, or such person's legal representative.
(3) A court-appointed special advocate for a child, a citizen review board or other advocate that reports to the court.
(4) A person licensed to practice the healing arts or mental health profession in order to diagnose, care for, treat or supervise:
(A) A child whom such service provider reasonably suspects may be in need of care;
(B) a member of the child's family; or
(C) a person who allegedly abused or neglected the child.
(5) A person or entity licensed or registered by the secretary of health and environment or approved by the secretary for children and families to care for, treat or supervise a child in need of care.
(6) A coroner or medical examiner when such person is determining the cause of death of a child.
(7) The state child death review board established under K.S.A. 22a-243, and amendments thereto.
(8) An attorney for a private party who files a petition pursuant to K.S.A. 38-2233(b), and amendments thereto.
(9) A foster parent, prospective foster parent, permanent custodian, prospective permanent custodian, adoptive parent or prospective adoptive parent. In order to assist such persons in making an informed decision regarding acceptance of a particular child, to help the family anticipate problems that may occur during the child's placement, and to help the family meet the needs of the child in a constructive manner, the secretary shall seek and shall provide the following information to such persons as the information becomes available to the secretary:
(A) Strengths, needs and general behavior of the child;
(B) circumstances that necessitated placement;
(C) information about the child's family and the child's relationship to the family that may affect the placement;
(D) important life experiences and relationships that may affect the child's feelings, behavior, attitudes or adjustment;
(E) medical history of the child, including third-party coverage that may be available to the child; and
(F) education history, to include present grade placement, special strengths and weaknesses.
(10) The state protection and advocacy agency as provided by K.S.A. 65-5603(a)(10) or 74-5515(a)(2)(A) and (B), and amendments thereto.
(11) Any educational institution to the extent necessary to enable the educational institution to provide the safest possible environment for its pupils and employees.
(12) Any educator to the extent necessary to enable the educator to protect the personal safety of the educator and the educator's pupils.
(13) The office of the child advocate pursuant to the child advocate act.
(14) Any other federal, state or local government executive branch entity or any agent of such entity, having a need for such information in order to carry out such entity's responsibilities under the law to protect children from abuse and neglect.
(d)
Specified access.
The following persons or entities shall have access to information contained in agency records as specified. Information authorized to be disclosed pursuant to this subsection shall not contain information that identifies a reporter of a child who is alleged or adjudicated to be a child in need of care.
(1) Information from confidential agency records of the Kansas department for children and families, a law enforcement agency or any juvenile intake and assessment worker of a child alleged or adjudicated to be in need of care shall be available to members of the standing house or senate committee on judiciary, house committee on corrections and juvenile justice, house committee on child welfare and foster care, house committee on appropriations, senate committee on ways and means, legislative post audit committee and any joint committee with authority to consider children's and families' issues, when carrying out such member's or committee's official functions in accordance with K.S.A. 75-4319, and amendments thereto, in a closed or executive meeting. Except in limited conditions established by 2/3 of the members of such committee, records and reports received by the committee shall not be further disclosed. Unauthorized disclosure may subject such member to discipline or censure from the house of representatives or senate. The secretary for children and families shall not summarize the outcome of department actions regarding a child alleged to be a child in need of care in information available to members of such committees.
(2) The secretary for children and families may summarize the outcome of department actions regarding a child alleged to be a child in need of care to a person having made such report.
(3) Information from confidential reports or records of a child alleged or adjudicated to be a child in need of care may be disclosed to the public when:
(A) The individuals involved or their representatives have given express written consent; or
(B) the investigation of the abuse or neglect of the child or the filing of a petition alleging a child to be in need of care has become public knowledge, except that the agency shall limit disclosure to confirmation of procedural details relating to the handling of the case by professionals.
(e)
Law enforcement access.
The secretary shall disclose confidential agency records of a child alleged or adjudicated to be a child in need of care, as described in K.S.A. 38-2209, and amendments thereto, to the law enforcement agency investigating the alleged or substantiated report or investigation of abuse or neglect, regardless of the disposition of such report or investigation. Such records shall include, but not be limited to, any information regarding such report or investigation, records of past reports or investigations concerning such child and such child's siblings and the perpetrator or alleged perpetrator and the name and contact information of the reporter or persons alleging abuse or neglect and case managers, investigators or contracting entity employees assigned to or investigating such report. Such records shall only be used for the purposes of investigating the alleged or substantiated report or investigation of abuse or neglect.
(f)
Court order.
Notwithstanding the provisions of this section, a court of competent jurisdiction, after in camera inspection, may order disclosure of confidential agency records pursuant to a determination that the disclosure is in the best interests of the child who is the subject of the reports or that the records are necessary for the proceedings of the court. The court shall specify the terms of disclosure and impose appropriate limitations.
(g) (1) Notwithstanding any other provision of law to the contrary, except as provided in paragraph (6), in the event that child abuse or neglect results in a child fatality or near fatality, reports or records of a child alleged or adjudicated to be in need of care received by the secretary, a law enforcement agency or any juvenile intake and assessment worker shall become a public record and subject to disclosure pursuant to K.S.A. 45-215, and amendments thereto.
(2) Within seven days of receipt of a request in accordance with the procedures adopted under K.S.A. 45-220, and amendments thereto, the secretary shall notify any affected individual that an open records request has been made concerning such records. The secretary or any affected individual may file a motion requesting the court to prevent disclosure of such record or report, or any select portion thereof. Notice of the filing of such motion shall be provided to all parties requesting the records or reports, and such party or parties shall have a right to hearing, upon request, prior to the entry of any order on such motion. If the affected individual does not file such motion within seven days of notification, and the secretary has not filed a motion, the secretary shall release the reports or records. If such motion is filed, the court shall consider the effect such disclosure may have upon an ongoing criminal investigation, a pending prosecution, or the privacy of the child, if living, or the child's siblings, parents or guardians, and the public's interest in the disclosure of such records or reports. The court shall make written findings on the record justifying the closing of the records and shall provide a copy of the journal entry to the affected parties and the individual requesting disclosure pursuant to the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto.
(3) Notwithstanding the provisions of paragraph (2), in the event that child abuse or neglect results in a child fatality or criminal charges are filed with a court alleging that a person caused a child fatality, the secretary shall release the following information in response to an open records request made pursuant to the Kansas open records act, within seven business days of receipt of such request, as allowed by applicable law:
(A) Age and sex of the child;
(B) date of the fatality;
(C) a summary of any previous reports of abuse or neglect received by the secretary involving the child, along with the findings of such reports; and
(D) any department recommended services provided to the child.
(4) Notwithstanding the provisions of paragraph (2), in the event that a child fatality occurs while such child was in the custody of the secretary for children and families, the secretary shall release the following information in response to an open records request made pursuant to the Kansas open records act, within seven business days of receipt of such request, as allowed by applicable law:
(A) Age and sex of the child;
(B) date of the fatality; and
(C) a summary of the facts surrounding the death of the child.
(5) For reports or records requested pursuant to this subsection, the time limitations specified in this subsection shall control to the extent of any inconsistency between this subsection and K.S.A. 45-218, and amendments thereto. As used in this section, "near fatality" means an act that, as certified by a person licensed to practice medicine and surgery, places the child in serious or critical condition.
(6) Nothing in this subsection shall allow the disclosure of reports, records or documents concerning the child and such child's biological parents that were created prior to such child's adoption. Nothing herein is intended to require that an otherwise privileged communication lose its privileged character.
History: L. 1982, ch. 182, § 7; L. 1983, ch. 140, § 14; L. 1985, ch. 145, § 1; L. 1988, ch. 138, § 2; L. 1990, ch. 147, § 1; L. 1992, ch. 318, § 2; L. 1996, ch. 229, § 33; L. 1997, ch. 156, § 41; L. 1998, ch. 171, § 7; L. 1999, ch. 116, § 43; L. 2000, ch. 150, § 5; L. 2002, ch. 135, § 1; L. 2004, ch. 178, § 4; L. 2010, ch. 75, § 8; L. 2018, ch. 87, § 3; L. 2019, ch. 65, § 2; L. 2022, ch. 92, § 7; L. 2024, ch. 73, § 8; L. 2024, ch. 100, § 6; July 1.
History: L. 1982, ch. 182, § 7; L. 1983, ch. 140, § 14; L. 1985, ch. 145, § 1; L. 1988, ch. 138, § 2; L. 1990, ch. 147, § 1; L. 1992, ch. 318, § 2; L. 1996, ch. 229, § 33; L. 1997, ch. 156, § 41; L. 1998, ch. 171, § 7; L. 1999, ch. 116, § 43; L. 2000, ch. 150, § 5; L. 2002, ch. 135, § 1; L. 2004, ch. 178, § 4; L. 2010, ch. 75, § 8; L. 2018, ch. 71, § 35; Repealed, L. 2019, ch. 65, § 10; July 1.
(a) Principle of limited disclosure. Information contained in confidential law enforcement records concerning a child alleged or adjudicated to be in need of care may be disclosed as provided in this section. Disclosure shall in all cases be guided by the principle of providing access only to persons or entities with a need for information that is directly related to achieving the purposes of this code.
(b) Free exchange of information. Pursuant to K.S.A. 38-2210, and amendments thereto, a law enforcement agency shall participate in the free exchange of information concerning a child who is alleged or adjudicated to be in need of care.
(c) Access to information in law enforcement records. In order to discharge their official duties, the following persons or entities shall have access to confidential law enforcement records concerning a child alleged or adjudicated to be in need of care.
(1) The court having jurisdiction over the proceedings, including the presiding judge and any court personnel designated by the judge.
(2) The secretary.
(3) The secretary of corrections.
(4) Law enforcement officers or county or district attorneys or their staff.
(5) Any juvenile intake and assessment worker.
(6) Members of a court-appointed multidisciplinary team.
(7) The office of the child advocate pursuant to the child advocate act.
(8) Any other federal, state or local government executive branch entity, or any agent of such entity, having a need for such information in order to carry out such entity's responsibilities under law to protect children from abuse and neglect.
(9) Persons or entities allowed access pursuant to K.S.A. 38-2212(f), and amendments thereto.
(d) Necessary access. The following persons or entities shall have access to information from law enforcement records when reasonably necessary to carry out their lawful responsibilities, to maintain their personal safety and the personal safety of individuals in their care, or to educate, diagnose, treat, care for or protect a child alleged or adjudicated to be in need of care. Information authorized to be disclosed in this subsection shall not contain information that identifies a reporter of a child alleged or adjudicated to be a child in need of care.
(1) Any individual, or public or private agency authorized by a properly constituted authority to diagnose, care for, treat or supervise a child who is the subject of a report or record of child abuse or neglect, including physicians, psychiatrists, nurses, nurse practitioners, psychologists, licensed social workers, child development specialists, physician assistants, community mental health workers, alcohol and drug abuse counselors, and licensed or registered child care providers.
(2) School administrators shall have access to but shall not copy law enforcement records and may disclose information to teachers, paraprofessionals and other school personnel as necessary to meet the educational needs of the child or to protect the safety of students and school employees.
(3) The department of health and environment or persons authorized by the department of health and environment pursuant to K.S.A. 65-512, and amendments thereto, for the purposes of carrying out responsibilities relating to licensure or registration of child care providers as required by article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(e) Legislative access. Information from law enforcement records of a child alleged or adjudicated to be in need of care shall be available to members of the standing house or senate committee on judiciary, house committee on corrections and juvenile justice, house committee on appropriations, senate committee on ways and means, legislative post audit committee and any joint committee with authority to consider children's and families' issues, when carrying out such member's or committee's official functions in accordance with K.S.A. 75-4319, and amendments thereto, in a closed or executive meeting. Except in limited conditions established by 2/3 of the members of such committee, records and reports received by the committee shall not be further disclosed. Unauthorized disclosure may subject such member to discipline or censure from the house of representatives or senate.
(f) Court order. Notwithstanding the provisions of this section, a court of competent jurisdiction, after in camera inspection, may order disclosure of confidential law enforcement records pursuant to a determination that the disclosure is in the best interests of the child who is the subject of the reports or that the records are necessary for the proceedings of the court and otherwise admissible as evidence. The court shall specify the terms of disclosure and impose appropriate limitations.
History: L. 1982, ch. 182, § 8; L. 1983, ch. 140, § 15; L. 1984, ch. 153, § 2; L. 1992, ch. 318, § 3; L. 1996, ch. 229, § 35; L. 1997, ch. 156, § 42; L. 2004, ch. 178, § 5; L. 2024, ch. 73, § 9; July 1.
It shall be the duty of the county or district attorney or the county or district attorney's designee to prepare and file the petition alleging a child to be a child in need of care, and to appear at the hearing on the petition and to present evidence as necessary, at all stages of the proceedings, that will aid the court in making appropriate decisions. The county or district attorney or the county or district attorney's designee shall also have the other duties required by this code. Pursuant to a written agreement between the secretary and the county or district attorney, the attorneys for the secretary may perform the duties of the county or district attorney after disposition has been determined by the court.
History: L. 2006, ch. 200, § 9; January 1, 2007.
(a)
Docket fee.
The docket fee for proceedings under this code, if one is assessed as provided in this section, shall be $34. Only one docket fee shall be assessed in each case. Except as provided further, the docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.
(b)
Expenses.
The expenses for proceedings under this code, including fees and mileage allowed witnesses and fees and expenses approved by the court for appointed attorneys, shall be paid by the board of county commissioners from the general fund of the county.
(c)
Assessment of docket fee and expenses.
(1)
Docket fee.
The docket fee may be assessed or waived by the court conducting the initial dispositional hearing and the docket fee may be assessed against the complaining witness or person initiating the proceedings or a party or interested party other than the state, a political subdivision of the state, an agency of the state or of a political subdivision of the state, or a person acting in the capacity of an employee of the state or of a political subdivision of the state. Any docket fee received shall be remitted to the state treasurer pursuant to K.S.A. 20-362, and amendments thereto.
(2)
Expenses.
Expenses may be assessed against the complaining witness, a person initiating the proceedings, a party or an interested party, other than the state, a political subdivision of the state, an agency of the state or of a political subdivision of the state or a person acting in the capacity of an employee of the state or of a political subdivision of the state. When expenses are recovered from a person against whom they have been assessed the general fund of the county shall be reimbursed in the amount of the recovery. If it appears to the court in any proceedings under this code that expenses were unreasonably incurred at the request of any party the court may assess that portion of the expenses against the party.
(d)
Cases in which venue is transferred.
If venue is transferred from one county to another, the court from which the case is transferred shall send to the receiving court a statement of expenses paid from the general fund of the sending county. If the receiving court collects any of the expenses owed in the case, the receiving court shall pay to the sending court an amount proportional to the sending court's share of the total expenses owed to both counties. The expenses of the sending county shall not be an obligation of the receiving county except to the extent that the sending county's proportion of the expenses is collected by the receiving court. All amounts collected shall first be applied toward payment of the docket fee.
History: L. 2006, ch. 200, § 10; L. 2008, ch. 95, § 9; L. 2009, ch. 116, § 17; L. 2010, ch. 62, § 10; L. 2011, ch. 87, § 10; L. 2012, ch. 66, § 12; L. 2013, ch. 125, § 12; L. 2015, ch. 81, § 18; L. 2017, ch. 80, § 14; L. 2019, ch. 58, § 15; July 1.
(a)
How paid.
(1) If a child alleged or adjudged to be a child in need of care is not eligible for assistance under K.S.A. 39-709, and amendments thereto, expenses for the care and custody of the child shall be paid out of the general fund of the county in which the proceedings are brought. For the purpose of this section, a child who is a nonresident of the state of Kansas or whose residence is unknown shall have residence in the county where the proceedings are instituted.
(2) When a law enforcement officer has taken a child into custody as authorized by subsection (b) of K.S.A. 38-2231, and amendments thereto, and delivered the child to a person or facility designated by the secretary or when custody of a child is awarded to the secretary, the expenses of the care and custody of the child may be paid by the secretary, even though the child does not meet the eligibility standards of K.S.A. 39-709, and amendments thereto.
(3) When the custody of a child is awarded to the secretary, the expenses of the care and custody of the child shall not be paid out of the county general fund.
(4) Nothing in this section shall be construed to mean that any person shall be relieved of legal responsibility to support a child.
(b)
Reimbursement to county general fund.
(1) When expenses for the care and custody of a child alleged or adjudged to be a child in need of care have been paid out of the county general fund, the court may fix a time and place for hearing on the question of requiring payment or reimbursement of all or part of the expenses by a person who by law is liable to maintain, care for or support the child.
(2) The court, after notice to the person who by law is liable to maintain, care for or support the child, may hear and dispose of the matter and may enter an order relating to payment of expenses for care and custody of the child. If the person willfully fails or refuses to pay the sum, the person may be adjudged in contempt of court and punished accordingly.
(3) The county may bring a separate action against a person who by law is liable to maintain, care for or support a child alleged or adjudged to be a child in need of care for the reimbursement of expenses paid out of the county general fund for the care and custody of the child.
(c)
Reimbursement to secretary.
(1) When expenses for the care and custody of a child alleged or adjudged to be a child in need of care have been paid by the secretary, the secretary may recover the expenses pursuant to K.S.A. 39-709, 39-718b or 39-755, and amendments thereto, or as otherwise provided by law, from any person who by law is liable to maintain, care for or support the child.
(2) The secretary shall have the power to compromise and settle any claim due or any amount claimed to be due to the secretary from any person who by law is liable to maintain, care for or support the child.
History: L. 2006, ch. 200, § 11; January 1, 2007.
(a)
Physical or mental care and treatment.
(1) When a child less than 18 years of age is alleged to have been physically, mentally or emotionally abused or neglected or sexually abused, no consent shall be required to medically examine the child to determine whether the child has been abused or neglected. Unless the child is alleged or suspected to have been abused by the parent or guardian, the investigating officer shall notify or attempt to notify the parent or guardian of the medical examination of the child.
(2) When the health or condition of a child who is subject to jurisdiction of the court requires it, the court may consent to the performing and furnishing of hospital, medical, surgical or dental treatment or procedures, including the release and inspection of medical or dental records. A child, or parent of any child, who is opposed to certain medical procedures authorized by this subsection may request an opportunity for a hearing thereon before the court. Subsequent to the hearing, the court may limit the performance of matters provided for in this subsection or may authorize the performance of those matters subject to terms and conditions the court considers proper.
(3) The custodian or agent of the custodian is the personal representative for the purpose of consenting to disclosure of otherwise protected health information and may give consent to the following:
(A) Dental treatment for the child by a licensed dentist;
(B) diagnostic examinations of the child, including but not limited to the withdrawal of blood or other body fluids, x-rays and other laboratory examinations;
(C) releases and inspections of the child's medical history records;
(D) immunizations for the child;
(E) administration of lawfully prescribed drugs to the child;
(F) examinations of the child including, but not limited to, the withdrawal of blood or other body fluids or tissues for the purpose of determining the child's parentage; and
(G) subject to the limitations in K.S.A. 59-30,155, and amendments thereto, medical or surgical care determined by a physician to be necessary for the welfare of such child, if the parents are not available or refuse to consent.
(4) When the court has adjudicated a child to be in need of care, the custodian or an agent designated by the custodian is the personal representative for the purpose of consenting to disclosure of otherwise protected health information and shall have authority to consent to the performance and furnishing of hospital, medical, surgical or dental treatment or procedures or mental care or treatment other than inpatient treatment at a state psychiatric hospital, including the release and inspection of medical or hospital records, subject to terms and conditions the court considers proper and subject to the limitations of K.S.A. 59-30,155, and amendments thereto.
(5) Any health care provider who in good faith renders hospital, medical, surgical, mental or dental care or treatment to any child or discloses protected health information as authorized by this section shall not be liable in any civil or criminal action for failure to obtain consent of a parent.
(6) Nothing in this section shall be construed to mean that any person shall be relieved of legal responsibility to provide care and support for a child.
(b)
Care and treatment requiring court action.
If it is brought to the court's attention, while the court is exercising jurisdiction over the person of a child under this code, that the child may be a mentally ill person as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem as defined in K.S.A. 59-29b46, and amendments thereto, the court may:
(1) Direct or authorize the county or district attorney or the person supplying the information to file the petition provided for in K.S.A. 59-2957, and amendments thereto, and proceed to hear and determine the issues raised by the application as provided in the care and treatment act for mentally ill persons or the petition provided for in K.S.A. 59-29b57, and amendments thereto, and proceed to hear and determine the issues raised by the application as provided in the care and treatment act for persons with an alcohol or substance abuse problem; or
(2) authorize that the child seek voluntary admission to a treatment facility as provided in K.S.A. 59-2949, and amendments thereto, or K.S.A. 59-29b49, and amendments thereto.
The application to determine whether the child is a mentally ill person or a person with an alcohol or substance abuse problem may be filed in the same proceedings as the petition alleging the child to be a child in need of care, or may be brought in separate proceedings. In either event, the court may enter an order staying any further proceedings under this code until all proceedings have been concluded under the care and treatment act for mentally ill persons or the care and treatment act for persons with an alcohol or substance abuse problem.
History: L. 2006, ch. 200, § 12; L. 2008, ch. 169, § 4; L. 2025, ch. 40, § 140; January 1, 2026.
(a) When the court has granted legal custody of a child in a hearing under the code to an agency, association or individual, the custodian or an agent designated by the custodian shall have authority to make educational decisions for the child if the parents of the child are unknown or unavailable. When the custodian of the child is the secretary, and the parents of the child are unknown or unavailable, and the child appears to be an exceptional child who requires special education, the secretary shall immediately notify the state board of education, or a designee of the state board, and the school district in which the child is residing that the child is in need of an education advocate. As used in this section, a parent is unavailable if:
(1) Repeated attempts have been made to contact the parent to provide notice of an IEP meeting and secure the parent's participation and such attempts have been unsuccessful;
(2) having been provided actual notice of an IEP meeting, the parent has failed or refused to attend and participate in the meeting; or
(3) the parent's whereabouts are unknown so that notice of an IEP meeting cannot be given to the parent. As soon as possible after notification, the state board of education, or its designee, shall appoint an education advocate for the child.
(b) If the secretary changes the placement of a pupil from one school district to another or to another school within the same district, it shall be the duty of the secretary to transfer, or make provision for the transfer, of all school records of such pupil to the district or school to which the pupil is transferred. Such school records shall be transferred at the same time that the pupil is transferred or as soon as possible thereafter.
(c) As used in this section, the terms "exceptional child," "special education," and "education advocate" have the meanings respectively ascribed thereto in the special education for exceptional children act, K.S.A. 72-3403 et seq., and amendments thereto. The term "pupil" means a child living in a school district as a result of a placement therein by the secretary pursuant to this code.
History: L. 2006, ch. 200, § 13; January 1, 2007.
(a)
Of the child.
(1)
Psychological or emotional.
During proceedings under this code, the court, on its own motion or the motion of the guardian ad litem for the child, a party or interested party, may order an evaluation and written report of the psychological or emotional development or needs of a child who is the subject of the proceedings. The court may refer the child to a state institution for the evaluation if the secretary advises the court that the facility is a suitable place to care for, treat or evaluate the child and that space is available. The expenses of transportation to and from the state facility may be paid as a part of the expenses of temporary care and custody. The child may be referred to a mental health center or qualified professional for evaluation and the expenses of the evaluation may be considered as expenses of the proceedings and assessed as provided in this code. If the court orders an evaluation as provided in this section, a parent of the child shall have the right to obtain an independent evaluation at the expense of the parent.
(2)
Medical.
During proceedings under this code, the court may order an examination and report of the medical condition and needs of a child who is the subject of the proceedings. The court may also order a report from any physician who has been attending the child stating the diagnosis, condition and treatment afforded the child.
(3)
Educational.
During proceedings under this code, the court may order the chief administrative officer of the school which the child attends or attended to provide to the court information that is readily available which the school officials believe would properly indicate the educational needs of the child. The order may direct that the school conduct an educational needs assessment of the child and send a report of the assessment to the court. The educational needs assessment may include a meeting involving any of the following: The child's parents; the child's teachers; the school psychologist; a school special services representative; a representative of the secretary; the child's court-appointed special advocate; the child's foster parents, legal guardian and permanent custodian; a court services officer; and other persons that the chief administrative officer of the school or the officer's designee considers appropriate.
(b)
Physical, psychological or emotional status of parent or custodian.
During proceedings under this code, the court may order: (1) An examination, evaluation and report of the physical, mental or emotional status or needs of a parent, a person residing with a parent or any person being considered as one to whom the court may grant custody; and
(2) written reports from any qualified person concerning the parenting skills or ability to provide for the physical, mental or emotional needs and future development of a child by a parent or any person being considered as one to whom the court may grant custody.
(c)
Confidentiality of reports.
(1)
Reports of court ordered examination or evaluation.
No confidential relationship of physician and patient, psychologist and client or social worker and client shall arise from an examination or evaluation ordered by the court.
(2)
Report from private physician, psychologist or therapist.
When any interested party or party to proceedings under this code wishes the court to have the benefit of information or opinion from a physician, psychologist, registered marriage and family therapist or social worker with whom there is a confidential relationship, the party or interested party may waive the confidential relationship but restrict the information to be furnished or testimony to be given to those matters material to the issues before the court. If requested, the court may make an in camera examination of the proposed witness or the file of the proposed witness and excise any matters that are not material to the issues before the court.
(d)
Reports prepared by a court-appointed special advocate or by the secretary.
All reports prepared by a court-appointed special advocate or by the secretary shall be filed with the court and shall be made available as provided in subsection (e).
(e)
Availability of reports.
(1) All reports provided for in this section shall be filed with the court and shall be made available to counsel for any party or interested party prior to any scheduled hearing on any matter addressed by the report. If any party or interested party is not represented by counsel, the report shall be made available to that party.
(2) All reports provided for in this section may be read by the court at any stage of a proceeding under this code, but no fact or conclusion derived from a report shall be used as the basis for an order of the court unless the information has been admitted into evidence following an opportunity for any party or interested party to examine, under oath, the person who prepared the report. If the court is in possession of a report that has not been offered into evidence, the court shall inquire whether there is an objection to admitting the report into evidence. If there is no objection, the court may admit the report into evidence.
History: L. 2006, ch. 200, § 14; L. 2007, ch. 57, § 2; April 5.
(a) If the court determines that the information contained in the petition concerning parentage of the child may be incomplete or incorrect, the court shall determine whether the question has been previously adjudicated and whether service of process should be made on some additional person.
(b) If it appears that the issue of parentage needs to be adjudicated, the court shall stay child support proceedings, if any are pending in the case, with respect to that alleged parent and child relationship, until the dispute is resolved by agreement, by a separate action under the Kansas parentage act, K.S.A. 23-2201 et seq., and amendments thereto, or otherwise. Nothing in this subsection shall be construed to limit the power of the court to carry out the purposes of the code.
History: L. 2006, ch. 200, § 15; L. 2012, ch. 162, § 62; May 31.
(a) Fingerprints or photographs of a person alleged or adjudicated to be a child in need of care may be taken:
(1) By a person authorized to investigate an allegation or suspicion of child abuse or neglect to obtain and preserve evidence or to determine the identity of a child;
(2) as authorized by K.S.A. 38-1611, and amendments thereto; or
(3) if authorized by a judge of the district court having jurisdiction.
(b) Fingerprints and photographs taken under subsection (a)(3):
(1) Shall be kept separate from those of persons of the age of majority; and
(2) may be sent to a state or federal repository only if authorized by a judge of the district court having jurisdiction.
(c) Nothing in this section shall preclude the custodian of the child from authorizing photographs or fingerprints of the child to:
(1) Be used in any action under the Kansas parentage act, K.S.A. 23-2201 et seq., and amendments thereto;
(2) assist in the apprehension of a runaway child;
(3) assist in the adoption or other permanent placement of a child; or
(4) provide the child or the child's parents with a history of the child's life and development.
(d) For purposes of this section, the term photograph means an image or likeness of a child made or reproduced by any medium or means.
History: L. 2006, ch. 200, § 16; L. 2012, ch. 162, § 63; May 31.
The secretary shall conduct a continuing public information and educational program concerning the reporting of suspected abuse or neglect for local staff of the Kansas department for children and families, for persons required to report under this code and for other appropriate persons.
History: L. 2006, ch. 200, § 17; L. 2014, ch. 115, § 60; July 1.
(a)
Persons making reports.
(1) When any of the following persons has reason to suspect that a child has been harmed as a result of physical, mental or emotional abuse or neglect or sexual abuse, the person shall report the matter promptly as provided in subsections (b) and (c);
(A) The following persons providing medical care or treatment: Persons licensed to practice the healing arts, dentistry and optometry, persons engaged in postgraduate training programs approved by the state board of healing arts, licensed professional or practical nurses and chief administrative officers of medical care facilities;
(B) the following persons licensed by the state to provide mental health services: Licensed psychologists, licensed masters level psychologists, licensed clinical psychotherapists, licensed social workers, licensed marriage and family therapists, licensed clinical marriage and family therapists, licensed behavioral analysts, licensed assistant behavioral analysts, licensed professional counselors, licensed clinical professional counselors and registered alcohol and drug abuse counselors;
(C) teachers, school administrators and other employees of an educational institution that the child is attending and any member of the board of directors of the Kansas state high school activities association referenced in K.S.A. 72-7114, and amendments thereto, and any person who is employed by or is an officer of such association;
(D) persons licensed by the secretary of health and environment to provide child care services or the employees of persons so licensed at the place where the child care services are being provided to the child;
(E) firefighters, emergency medical services personnel, law enforcement officers, juvenile intake and assessment workers, court services officers, community corrections officers, case managers appointed under K.S.A. 23-3508, and amendments thereto, and mediators appointed under K.S.A. 23-3502, and amendments thereto; and
(F) any person employed by or who works as a volunteer for any organization, whether for profit or not-for-profit, that provides social services to pregnant teenagers, including, but not limited to, counseling, adoption services and pregnancy education and maintenance.
(2) In addition to the reports required under subsection (a)(1), any person who has reason to suspect that a child may be a child in need of care may report the matter as provided in subsection (b) and (c).
(b)
Form of report.
(1) The report may be made orally and shall be followed by a written report if requested. Every report shall contain, if known: The names and addresses of the child and the child's parents or other persons responsible for the child's care; the location of the child if not at the child's residence; the child's gender, race and age; the reasons why the reporter suspects the child may be a child in need of care; if abuse or neglect or sexual abuse is suspected, the nature and extent of the harm to the child, including any evidence of previous harm; and any other information that the reporter believes might be helpful in establishing the cause of the harm and the identity of the persons responsible for the harm.
(2) When reporting a suspicion that a child may be in need of care, the reporter shall disclose protected health information freely and cooperate fully with the secretary and law enforcement throughout the investigation and any subsequent legal process.
(c)
To whom made.
Reports made pursuant to this section shall be made to the secretary, except as follows:
(1) When the Kansas department for children and families is not open for business, reports shall be made to the appropriate law enforcement agency. On the next day that the department is open for business, the law enforcement agency shall report to the department any report received and any investigation initiated pursuant to K.S.A. 38-2226, and amendments thereto. The reports may be made orally or, on request of the secretary, in writing.
(2) Reports of child abuse or neglect occurring in an institution operated by the Kansas department of corrections shall be made to the attorney general or the secretary of corrections. Reports of child abuse or neglect occurring in an institution operated by the Kansas department for aging and disability services shall be made to the appropriate law enforcement agency. All other reports of child abuse or neglect by persons employed by the Kansas department for aging and disability services or the Kansas department for children and families, or of children of persons employed by either department, shall be made to the appropriate law enforcement agency.
(d)
Death of child.
Any person who is required by this section to report a suspicion that a child is in need of care and who knows of information relating to the death of a child shall immediately notify the coroner as provided by K.S.A. 22a-242, and amendments thereto.
(e)
Violations.
(1) Willful and knowing failure to make a report required by this section is a class B misdemeanor. It is not a defense that another mandatory reporter made a report.
(2) Intentionally preventing or interfering with the making of a report required by this section is a class B misdemeanor.
(3) Any person who willfully and knowingly makes a false report pursuant to this section or makes a report that such person knows lacks factual foundation is guilty of a class B misdemeanor.
(f)
Immunity from liability.
Anyone who, without malice, participates in the making of a report to the secretary or a law enforcement agency relating to a suspicion a child may be a child in need of care or who participates in any activity or investigation relating to the report or who participates in any judicial proceeding resulting from the report shall have immunity from any civil liability that might otherwise be incurred or imposed.
History: L. 2006, ch. 200, § 18; L. 2011, ch. 44, § 1; L. 2012, ch. 162, § 64; L. 2014, ch. 115, § 61; L. 2016, ch. 53, § 1; L. 2022, ch. 94, § 11; July 1.
(a) No employer shall terminate the employment of, prevent or impair the practice or occupation of, or impose any other sanction on, any employee because the employee made an oral or written report to, or cooperated with an investigation by, a law enforcement agency or the secretary relating to harm inflicted upon a child which was suspected by the employee of having resulted from the physical, mental or emotional abuse or neglect or sexual abuse of the child.
(b) Violation of this section is a class B misdemeanor.
History: L. 2006, ch. 200, § 19; January 1, 2007.
The secretary shall adopt rules and regulations governing the reporting of suspected child abuse or neglect that occurs in an institution operated by the secretary. Such rules and regulations shall specify those types of incidents which are required to be reported.
History: L. 2006, ch. 200, § 20; January 1, 2007.
(a)
Investigation for child abuse or neglect.
The secretary and law enforcement officers shall have the duty to receive and investigate reports of child abuse or neglect for the purpose of determining whether the report is valid and whether action is required to protect a child. Any person or agency which maintains records relating to the involved child which are relevant to any investigation conducted by the secretary or law enforcement agency under this code shall provide the secretary or law enforcement agency with the necessary records to assist in investigations. In order to provide such records, the person or agency maintaining the records shall receive from the secretary or law enforcement: (1) A written request for information; and (2) a written notice that the investigation is being conducted by the secretary or law enforcement. If the secretary and such officers determine that no action is necessary to protect the child but that a criminal prosecution should be considered, such law enforcement officers shall make a report of the case to the appropriate law enforcement agency.
(b)
Joint investigations.
When a report of child abuse or neglect indicates: (1) That there is serious physical harm to, serious deterioration of or sexual abuse of the child; and (2) that action may be required to protect the child, the investigation shall be conducted as a joint effort between the secretary and the appropriate law enforcement agency or agencies, with a free exchange of information between them pursuant to K.S.A. 38-2210, and amendments thereto. If a statement of a suspect is obtained by either agency, a copy of the statement shall be provided to the other.
(c)
Investigation of certain cases.
Suspected child abuse or neglect which occurs in an institution operated by the Kansas department of corrections shall be investigated by the attorney general or secretary of corrections. Any suspected child abuse or neglect in an institution operated by the Kansas department for aging and disability services, or by persons employed by the Kansas department for aging and disability services or the Kansas department for children and families, or of children of persons employed by either department, shall be investigated by the appropriate law enforcement agency.
(d)
Coordination of investigations by county or district attorney.
If a dispute develops between agencies investigating a reported case of child abuse or neglect, the appropriate county or district attorney shall take charge of, direct and coordinate the investigation.
(e)
Investigations concerning certain facilities.
Any investigation involving a facility subject to licensing or regulation by the secretary of health and environment shall be promptly reported to the state secretary of health and environment.
(f)
Cooperation between agencies.
Law enforcement agencies and the secretary shall assist each other in taking action which is necessary to protect a child regardless of which agency conducted the initial investigation.
(g)
Cooperation between school personnel and investigative agencies.
(1) Educational institutions, the secretary and law enforcement agencies shall cooperate with each other in the investigation of reports of suspected child abuse or neglect. The secretary and law enforcement agencies shall have access to a child in a setting designated by school personnel on the premises of an educational institution. Attendance at an interview conducted on such premises shall be at the discretion of the agency conducting the interview, giving consideration to the best interests of the child. To the extent that safety and practical considerations allow, law enforcement officers on such premises for the purpose of investigating a report of suspected child abuse or neglect shall not be in uniform.
(2) The secretary or a law enforcement officer may request the presence of school personnel during an interview if the secretary or officer determines that the presence of such person might provide comfort to the child or facilitate the investigation.
(h)
Visual observation required.
As part of any investigation conducted pursuant to this section, the secretary or the law enforcement agency, or such agency's designee, that is conducting the investigation shall visually observe the child who is the alleged victim of abuse or neglect. In the case of a joint investigation conducted pursuant to subsection (b), the secretary and the investigating law enforcement agency, or the designees of the secretary and such agency, shall both visually observe the child who is the alleged victim of abuse or neglect. All investigation reports shall include the date, time and location of any visual observation of a child that is required by this subsection.
(i)
Child abuse review and evaluation referrals.
(1) Upon investigation by law enforcement or assignment by the secretary of any investigation of physical abuse or physical neglect conducted pursuant to this section that concerns a child five years of age or younger, the secretary, the law enforcement agency or the agency's designee shall make a CARE referral for such child.
(2) In any other investigation of physical abuse, emotional abuse, medical neglect or physical neglect conducted pursuant to this section, the secretary, the law enforcement agency or the agency's designee may make a CARE referral for such child.
History: L. 2006, ch. 200, § 21; L. 2014, ch. 115, § 62; L. 2016, ch. 53, § 2; L. 2021, ch. 111, § 3; L. 2023, ch. 70, § 6; May 4.
(a) (1) When an investigation of child abuse or neglect conducted pursuant to K.S.A. 38-2226, and amendments thereto, includes a CARE referral that a child abuse medical resource center has recommended a CARE exam be conducted and the CARE provider determines a child has been subjected to physical abuse, emotional abuse, medical neglect or physical neglect, such determination shall be reported in a completed review and provided to the secretary for children and families and the local law enforcement agency or the agency's designee.
(2) When the secretary receives a completed review pursuant to paragraph (1), the secretary shall consider and include the completed review in making recommendations regarding the care, safety and placement of the child and maintain the completed review in the case record.
(3) Reviews conducted pursuant to paragraph (1) shall be confidential and not be disclosed except as provided in this section and K.S.A. 38-2209 through 38-2213, and amendments thereto.
(b) To provide forensic evaluation services to a child alleged to be a victim of physical abuse, emotional abuse, medical neglect or physical neglect in investigations that include a CARE exam:
(1) Child abuse medical resource centers may collaborate directly or through technology with CARE providers to provide forensic medical evaluations, medical training, support, mentoring and peer review to enhance the skill and role of child abuse medical resource centers and the CARE providers in a multidisciplinary context;
(2) CARE providers and child abuse medical resource centers shall provide and receive specialized training for medical evaluations conducted in a hospital, child advocacy center or by a private healthcare professional without the need for an agreement between such center and provider; and
(3) the CARE network shall develop recommendations concerning the medical-based screening process and forensic evidence collection for a child and provide such recommendations to CARE providers, child advocacy centers, hospitals and licensed practitioners.
(c) To implement and administer this section, the secretary of health and environment shall:
(1) Provide training for CARE providers to establish and maintain compliance with the requirements of K.S.A. 38-2202, and amendments thereto;
(2) assist in the implementation of subsection (b);
(3) pay for and manage a network referral system database; and
(4) adopt rules and regulations as necessary, subject to available appropriations.
(d) (1) A provider shall submit all charges for payment of reviews and CARE exams to the secretary of health and environment within 90 days after a review or exam has been performed.
(2) The secretary of health and environment shall pay all charges directly to the provider within 30 days after being submitted.
(3) The payment amount shall be for the exam at the rate not to exceed $750 for providing such exam, excluding costs for treatment that may be required due to the diagnosis, or any facility fees, supplies or laboratory or radiology testing.
(4) If a provider is found to have submitted fraudulent charges, such provider shall be banned from the CARE network and the secretary of health and environment shall report such incident to the provider's licensing board. Such licensing board shall investigate such report to determine whether unprofessional conduct has occurred.
(5) On or before January 31, 2024, the secretary of health and environment shall prepare and present a report to the house of representatives standing committee on child welfare and foster care and the senate standing committee on public health and welfare, or their successor committees, of the activities and operations under this section. Such report shall include:
(A) The number of providers who have submitted charges;
(B) the number of reviews and CARE exams performed;
(C) average charge submitted per review and CARE exam;
(D) total amount paid out to providers;
(E) the average number of days between when:
(i) A review or CARE exam is performed and charges are submitted; and
(ii) charges are submitted and paid to a provider; and
(F) any findings of fraudulent charges.
(e) There is hereby established in the state treasury the child abuse review and evaluation fund, and such fund shall be administered by the secretary of health and environment. All expenditures from the child abuse review and evaluation fund shall be for payments of reviews, CARE exams, training of CARE providers and the implementation and administration of subsection (b), as needed. All expenditures from the child abuse review and evaluation fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee. All moneys received for reviews, CARE exams and CARE provider training shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the child abuse review and evaluation fund.
(f) This section shall be a part of and supplemental to the revised Kansas code for care of children.
History: L. 2023, ch. 70, § 1; May 4.
(a) A child advocacy center in this state shall:
(1) Be a private, nonprofit incorporated agency or a governmental entity.
(2) Be a child advocacy center recognized by the national children's alliance.
(3) Have a neutral, child-focused facility where forensic interviews take place with children in appropriate cases of suspected or alleged physical, mental or emotional abuse or sexual abuse. All agencies shall have a place to interact with the child as investigative or treatment needs require.
(4) Have a minimum designated staff that is supervised and approved by the local board of directors or governmental entity.
(5) Have a multidisciplinary team that meets on a regularly scheduled basis or as the caseload of the community requires. The team shall include, but not be limited to, representatives from the state or local office prosecuting such case, law enforcement, child protective services, mental health services, a victim's advocate, child advocacy center staff and medical personnel.
(6) Provide case tracking of child abuse cases seen through the center. A center shall also collect data on the number of child abuse cases seen at the center, by sex, race, age, and other relevant data, the number of cases referred for prosecution, and the number of cases referred for medical services or mental health therapy.
(7) Provide medical examination services and evidence collection for physical, mental, emotional or sexual abuse, including sexual assault evidence collection pursuant to K.S.A. 65-448, and amendments thereto, on site at the child advocacy center, or provide referrals for medical examination services or evidence collection not on the site of the child advocacy center.
(8) Provide mental health therapy on site at the child advocacy center, or provide referrals for mental health therapy to a facility not on the site of the child advocacy center.
(9) Have an interagency commitment, in writing, covering those aspects of agency participation in a multidisciplinary approach to the handling of cases involving physical, mental or emotional abuse.
(10) Provide that child advocacy center employees and volunteers at the center are trained and screened in accordance with K.S.A. 65-516, and amendments thereto.
(11) Provide training for child advocacy center staff who interview children in forensic children's interview technique.
(b) Any child advocacy center within this state that meets the standards prescribed by this section shall be eligible to receive state funds that are appropriated by the legislature.
History: L. 2006, ch. 200, § 22; L. 2022, ch. 40, § 2; July 1.
The court on its own motion or upon request may, at any time, appoint a multidisciplinary team to assist in gathering information regarding a child who may be or is a child in need of care. The team may be a standing multidisciplinary team or may be appointed for a specific child. Any person appointed as a member of a multidisciplinary team may decline to serve and shall incur no civil liability as the result of declining to serve.
History: L. 2006, ch. 200, § 23; January 1, 2007.
(a) The secretary, a law enforcement officer, or a multidisciplinary team appointed pursuant to K.S.A. 38-2228, and amendments thereto, may request disclosure of documents, reports or information in regard to a child, who is the subject of a report of abuse or neglect, by making a written verified application to the district court. Upon a finding by the court that there is probable cause to believe the information sought will assist in the investigation of a report of child abuse or neglect, the court may issue a subpoena, subpoena duces tecum or an order for the production of the requested documents, reports or information and directing the documents, reports or information to be delivered to the applicant at a specific time, date and place.
(b) The time and date of delivery shall not be sooner than five days after the service of the subpoena or order, excluding Saturdays, Sundays, holidays, and days on which the office of the clerk of the court is not accessible. The court issuing the subpoena or order shall keep all applications filed pursuant to this subsection and a copy of the subpoena or order in a special file maintained for that purpose. Upon receiving service of a subpoena, subpoena duces tecum or an order for production pursuant to this section, the person or agency served shall give oral or written notice of service to any person known to have a right to assert a privilege or assert a right of confidentiality in regard to the documents, reports or information sought at least seven days before the date of delivery.
(c) Any parent, child, guardian ad litem, person or entity subpoenaed or subject to an order of production or person or entity who claims a privilege or right of confidentiality may request in writing that the court issuing the subpoena or order of production quash the subpoena, subpoena duces tecum or order for production issued pursuant to this section. The request shall automatically stay the operation of the subpoena, subpoena duces tecum or order for production and the documents, reports or information requested shall not be delivered until the issuing court has held a hearing to determine if the documents, reports or information are subject to the claimed privilege or right of confidentiality, and whether it is in the best interests of the child for the subpoena or order to produce to be honored. The request to quash shall be filed with the district court issuing the subpoena or order at least 24 hours prior to the specified time and date of delivery, excluding Saturdays, Sundays, holidays, or days on which the office of the clerk of the court is not accessible, and a copy of the written request must be given to the person subpoenaed or subject to the order for production at least 24 hours prior to the specified time and date of delivery.
History: L. 2006, ch. 200, § 24; L. 2010, ch. 135, § 46; July 1.
Whenever any person furnishes information to the secretary that a child appears to be a child in need of care, the department shall make a preliminary inquiry to determine whether the interests of the child require further action be taken. Whenever practicable, the inquiry shall include a preliminary investigation of the circumstances which were the subject of the information, including the home and environmental situation and the previous history of the child. If reasonable grounds to believe abuse or neglect exist, immediate steps shall be taken to protect the health and welfare of the abused or neglected child as well as that of any other child under the same care who may be harmed by abuse or neglect. After the inquiry, if the secretary determines it is not otherwise possible to provide those services necessary to protect the interests of the child, the secretary shall recommend to the county or district attorney that a petition be filed.
History: L. 2006, ch. 200, § 25; January 1, 2007.
(a) A law enforcement officer or court services officer shall take a child under 18 years of age into custody when:
(1) The law enforcement officer or court services officer has a court order commanding that the child be taken into custody as a child in need of care; or
(2) the law enforcement officer or court services officer has probable cause to believe that a court order commanding that the child be taken into custody as a child in need of care has been issued in this state or in another jurisdiction.
(b) A law enforcement officer shall take a child under 18 years of age into custody when the officer:
(1) Reasonably believes the child will be harmed if not immediately removed from the place or residence where the child has been found; or
(2) reasonably believes the child is experiencing a behavioral health crisis and is likely to cause harm to self or others.
(c) A law enforcement officer shall explore other options to separate the child from the source of harm before removal of such child as provided in subsection (b).
(d) The secretary shall provide an electronic means of communication for a responding law enforcement officer to refer a child who may be a victim of abuse or neglect to the secretary. The secretary shall receive such referrals and, within 24 hours, initiate an investigation of abuse or neglect and contact the persons who are the subject of such investigation. Then, within 24 hours of such contact, the secretary shall respond to the referring law enforcement agency with the status of the investigation.
(e) A law enforcement officer shall take a child under 18 years of age into custody when the officer:
(1) Has probable cause to believe that the child is a runaway or a missing person or a verified missing person entry for the child can be found in the national crime information center missing person system; or
(2) reasonably believes that the child is a victim of human trafficking, aggravated human trafficking or commercial sexual exploitation of a child.
(f) (1) If a person provides shelter to a child whom the person knows is a runaway, such person shall promptly report the child's location either to a law enforcement agency or to the child's parent or other custodian.
(2) If a person reports a runaway's location to a law enforcement agency pursuant to this section and a law enforcement officer of the agency has reasonable grounds to believe that it is in the child's best interests, the child may be allowed to remain in the place where shelter is being provided, subject to subsection (e), in the absence of a court order to the contrary. If the child is allowed to so remain, the law enforcement agency shall promptly notify the secretary of the child's location and circumstances.
(g) Except as provided in subsections (a), (b) and (e), a law enforcement officer may temporarily detain and assume temporary custody of any child subject to compulsory school attendance, pursuant to K.S.A. 72-3120, and amendments thereto, during the hours school is actually in session and shall deliver the child pursuant to K.S.A. 38-2232(g), and amendments thereto.
History: L. 2006, ch. 200, § 26; L. 2013, ch. 120, § 32; L. 2016, ch. 102, § 12; L. 2018, ch. 107, § 2; L. 2023, ch. 96, § 5; L. 2025, ch. 79, § 1; July 1.
(a) (1) To the extent possible, when any law enforcement officer takes into custody a child under the age of 18 years without a court order, the child shall promptly be delivered to the custody of the child's parent or other custodian unless there are reasonable grounds to believe that such action would not be in the best interests of the child.
(2) Except as provided in subsection (b), if the child is not delivered to the custody of the child's parent or other custodian, the child shall promptly be delivered to a:
(A) (i) Shelter facility designated by the court;
(ii) court services officer;
(iii) juvenile intake and assessment worker;
(iv) licensed attendant care center;
(v) juvenile crisis intervention center after written authorization by a community mental health center; or
(vi) other person;
(B) if the child is 15 years of age or younger, to a facility or person designated by the secretary; or
(C) if the child is 16 or 17 years of age and the child has no identifiable parental or family resources or shows signs of physical, mental, emotional or sexual abuse, to a facility or person designated by the secretary.
(3) If, after delivery of the child to a shelter facility, the person in charge of the shelter facility at that time and the law enforcement officer determine that the child will not remain in the shelter facility and if the child is presently alleged, but not yet adjudicated, to be a child in need of care solely pursuant to K.S.A. 38-2202(d)(9) or (d)(10), and amendments thereto, the law enforcement officer shall deliver the child to a secure facility, designated by the court, where the child shall be detained for not more than 24 hours, excluding Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible.
(4) No child taken into custody pursuant to this code shall be placed in a secure facility, except as authorized by this section and by K.S.A. 38-2242, 38-2243 and 38-2260, and amendments thereto.
(5) It shall be the duty of the law enforcement officer to furnish to the county or district attorney, without unnecessary delay, all the information in the possession of the officer pertaining to the child, the child's parents or other persons interested in or likely to be interested in the child and all other facts and circumstances which caused the child to be taken into custody.
(b) (1) When any law enforcement officer takes into custody any child as provided in K.S.A. 38-2231(b)(2), and amendments thereto, proceedings shall be initiated in accordance with the provisions of the interstate compact on juveniles, K.S.A. 38-1001 et seq., and amendments thereto, or K.S.A. 38-1008, and amendments thereto, when effective. Any child taken into custody pursuant to the interstate compact on juveniles may be detained in a juvenile detention facility or other secure facility.
(2) When any law enforcement officer takes into custody any child as provided in K.S.A. 38-2231(b)(3), and amendments thereto, the law enforcement officer shall place the child in protective custody and may deliver the child to a staff secure facility. The law enforcement officer shall contact the department for children and families to begin an assessment to determine safety, placement and treatment needs for the child. Such child shall not be placed in a secure facility, except as authorized by this section and by K.S.A. 38-2242, 38-2243 and 38-2260, and amendments thereto.
(3) When any law enforcement officer takes into custody any child as provided in K.S.A. 38-2231(b)(4), and amendments thereto, the law enforcement officer shall place the child in protective custody and may deliver the child to a juvenile crisis intervention center after written authorization by a community mental health center. Such child shall not be placed in a juvenile detention facility or other secure facility.
(c) Whenever a child under the age of 18 years is taken into custody by a law enforcement officer without a court order and is thereafter placed as authorized by subsection (a), the facility or person shall, upon written application of the law enforcement officer, have physical custody and provide care and supervision for the child. The application shall state:
(1) The name and address of the child, if known;
(2) the names and addresses of the child's parents or nearest relatives and persons with whom the child has been residing, if known; and
(3) the officer's belief that the child is a child in need of care and that there are reasonable grounds to believe that the circumstances or condition of the child is such that the child would be harmed unless placed in the immediate custody of the shelter facility or other person.
(d) A copy of the application shall be furnished by the facility or person receiving the child to the county or district attorney without unnecessary delay.
(e) The shelter facility or other person designated by the court who has custody of the child pursuant to this section shall discharge the child not later than 72 hours following admission, excluding Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible, unless a court has entered an order pertaining to temporary custody or release.
(f) In absence of a court order to the contrary, the county or district attorney or the placing law enforcement agency shall have the authority to direct the release of the child at any time.
(g) When any law enforcement officer takes into custody any child as provided in K.S.A. 38-2231(d), and amendments thereto, the child shall promptly be delivered to the school in which the child is enrolled, any location designated by the school in which the child is enrolled or the child's parent or other custodian.
History: L. 2006, ch. 200, § 27; L. 2009, ch. 99, § 3; L. 2010, ch. 11, § 4; L. 2013, ch. 120, § 33; L. 2018, ch. 107, § 3; L. 2019, ch. 65, § 3; July 1.
(a) Whenever the secretary or any other person refers a case to the county or district attorney for the purpose of filing a petition alleging that a child is a child in need of care, the county or district attorney shall review the facts, recommendations and any other evidence available and determine if the circumstances warrant filing a petition.
(b) Any individual may file a petition alleging a child is a child in need of care and the individual may be represented by the individual's own attorney in the presentation of the case.
(c) When a petition is filed alleging an infant surrendered pursuant to K.S.A. 38-2282, and amendments thereto, is a child in need of care, the petition shall include a request that the court find that reintegration is not a viable alternative. Such petition also shall include a request to terminate the parental rights of the parents of such infant. An expedited hearing shall be granted on any petition filed pursuant to this subsection.
History: L. 2006, ch. 200, § 28; January 1, 2007.
(a)
Filing and contents of petition.
(1) A petition filed to commence an action pursuant to this code shall be filed with the clerk of the district court and shall state, if known:
(A) The name, date of birth and residence address of the child;
(B) the name and residence address of the child's parents;
(C) the name and address of the child's nearest known relative if no parent can be found;
(D) the name and residence address of any persons having custody or control of the child; and
(E) plainly and concisely in the language of the statutory definition, the basis for the petition.
(2) The petition shall also state the specific facts that are relied upon to support the allegation referred to in the preceding paragraph including any known dates, times and locations.
(3) The proceedings shall be entitled: "In the Interest of ______________."
(4) The petition shall contain a request that the court find the child to be a child in need of care.
(5) The petition shall contain a request that the parent or parents be ordered to pay child support. The request for child support may be omitted with respect to a parent already ordered to pay child support for the child and shall be omitted with respect to one or both parents upon written request of the secretary.
(6) If the petition requests custody of the child to the secretary or a person other than the child's parent, the petition shall specify the efforts known to the petitioner to have been made to maintain the family and prevent the transfer of custody, or it shall specify the facts demonstrating that an emergency exists which threatens the safety to the child.
(7) If the petition requests removal of the child from the child's home, in addition to the information required by K.S.A. 38-2234(a)(6), and amendments thereto, the petition shall specify the facts demonstrating that allowing the child to remain in the home would be contrary to the welfare of the child or that placement is in the best interests of the child and the child is likely to sustain harm if not removed from the home.
(8) The petition shall have an attached copy of the prevention plan, if any, that has been prepared for the child.
(9) The petition shall contain the following statement: "If you do not appear in court the court will be making decisions without your input which could result in:
(A) The permanent or temporary removal of the child from the custody of the parent or present legal guardian;
(B) an order requiring one or both parents to pay child support until the permanent termination of one or both of the parents' parental rights;
(C) the permanent termination of one or both of the parents' parental rights;
(D) the appointment of a SOUL family legal permanency custodian for the child; and
(E) the appointment of a permanent custodian for the child.
If you cannot attend the hearing you may send a written response to the petition to the clerk of the court."
(10) The petition shall contain the following statement: "You may receive further notices of other hearings, proceedings and actions in this case which you may attend. These notices will be sent to you by first class mail to your last known address or an address you provide to the court. It is your responsibility to keep the court informed of your current address."
(b)
Motions.
Motions may be made orally or in writing. The motion shall state with particularity the grounds for the motion and shall state the relief or order sought.
History: L. 2006, ch. 200, § 29; L. 2019, ch. 43, § 4; L. 2024, ch. 47, § 4; July 1.
(a) Upon the filing of a petition under this code the court shall proceed by one of the following methods:
(1) The court shall issue summons pursuant to K.S.A. 38-2236, and amendments thereto, setting the matter for hearing within 30 days of the date the petition is filed. The summons, with a copy of the petition attached, shall be served pursuant to K.S.A. 38-2237, and amendments thereto.
(2) If the child has been taken into protective custody under the provisions of K.S.A. 38-2242, and amendments thereto, and a temporary custody hearing is held as required by K.S.A. 38-2243, and amendments thereto, a copy of the petition shall be served at the hearing on each party and interested party in attendance and a record of service made a part of the proceedings. The court shall announce the time of the next hearing. Process shall be served on any party or interested party not at the temporary custody hearing pursuant to subsection (a)(1). Upon the written request of the petitioner or the county or district attorney, separate or additional summons shall be issued to any party and interested party.
(b) If the petition requests custody to the secretary, the court shall cause a copy of the petition to be provided to the secretary upon filing.
History: L. 2006, ch. 200, § 30; January 1, 2007.
(a)
Persons to be served.
The summons and a copy of the petition shall be served on:
(1) The child alleged to be a child in need of care by serving the guardian ad litem appointed for the child;
(2) the parents or parent having legal custody or who may be ordered to pay child support by the court;
(3) the person with whom the child is residing; and
(4) any other person designated by the county or district attorney.
(b) A copy of the petition and notice of hearing shall be mailed by first class mail to the child's grandparents with whom the child does not reside.
History: L. 2006, ch. 200, § 31; January 1, 2007.
Summons, notice of hearings and other process may be served by one of the following methods:
(a)
Personal and residence service.
Personal and residence service is completed by service in substantial compliance with the provisions of K.S.A. 60-303, and amendments thereto. Personal service upon an individual outside the state shall be made in substantial compliance with the applicable provisions of K.S.A. 60-308, and amendments thereto.
(b)
Service by return receipt delivery.
Service by return receipt delivery is completed upon mailing or sending only in accordance with the provisions of subsection (c) of K.S.A. 60-303, and amendments thereto.
(c)
First class mail service.
Service may be made by first class mail, addressed to the individual to be served at the usual place of residence of the person with postage prepaid, and is completed upon the person appearing before the court in response thereto. If the person fails to appear, the summons, notice or other process shall be delivered by personal service, residential service, certified mail service or publication service.
(d)
Service upon confined parent.
If a parent of a child who is the subject of proceedings under this code is confined in a state or federal penal institution, state or federal hospital or other institution, service shall be made by return receipt delivery to addressee only to both the person in charge of the institution and the confined parent in care of the person in charge of the institution or that person's designee. Personal service on a confined parent who is present in the courtroom cures any defect in notice to the person in charge of the institution.
(e)
Service by publication.
If service cannot be completed after due diligence using any other method provided in this section, service may be made by publication in accordance with this subsection. Before service by publication, the petitioner, or someone on behalf of the petitioner, shall file an affidavit which shall state the affiant has made an attempt, but unsuccessful, with due diligence to ascertain the names or residences, or both, of the persons. The notice shall be published once a week for two consecutive weeks in the newspaper authorized to publish legal notices in the county where the petition is filed. If a parent cannot be served by other means and due diligence has revealed with substantial certainty that the parent is residing in a particular locality, publication shall also be in a newspaper authorized to publish legal notices in that locality.
History: L. 2006, ch. 200, § 32; L. 2007, ch. 36, § 1; L. 2008, ch. 169, § 5; July 1.
Proof of service shall be made as follows:
(a)
Personal or residential service.
(1) Every officer to whom summons or other process is delivered for service within the state shall make written report of the place, manner and date of service of the process.
(2) Every officer to whom summons or other process shall be delivered for service outside this state shall make written report of the place, manner and time of service.
(3) If the process is, by order of the court, delivered to a person other than an officer for service that person shall report the place, manner and time of service by affidavit.
(b)
Service by mail.
The clerk or a deputy clerk shall make a written report of service by mail.
(c)
Publication service.
Service by publication shall be reported by an affidavit showing the dates upon and the newspaper in which the notice was published. A copy of the published notice shall be attached to the affidavit.
(d)
Amendment of report.
The judge may allow an amendment of a report of service at any time and upon terms as are deemed just to correctly reflect the true manner of service.
History: L. 2006, ch. 200, § 33; January 1, 2007.
(a)
Proceedings upon filing.
Upon the filing of a subsequent pleading, other than a petition, indicating the necessity for a hearing, the court shall fix the time and place for the hearing.
(b)
Notice.
The notice of hearing shall be given by the clerk, unless otherwise ordered by the court. The notice shall be dated the day it is issued, contain the name of the court and the caption in the case.
(c)
Notification by first class mail.
Unless other provisions of this code expressly require service of process, notice of motions and other pleadings filed subsequent to the petition in connection with the case and any hearings to be held on such motions or other pleadings may be provided by first class mail, postage prepaid, to any party or interested party who has been served in accordance with K.S.A. 38-2237, and amendments thereto. Such notice shall be sent to the last address provided to the court by the party or interested party in question. Failure to appear shall not invalidate notice by first class mail. Notice by mail is not required if the court orally notifies a party or interested party of the time and place of the hearing.
History: L. 2006, ch. 200, § 34; January 1, 2007.
(a) Subject to K.S.A. 38-2241, and amendments thereto, a party or interested party shall be entitled to the use of subpoenas and other compulsory process to obtain the attendance of witnesses. Except as otherwise provided by this code, subpoenas and other compulsory processes shall be issued and served in the same manner and the disobedience thereof punished the same as in other civil cases.
(b) The court shall have the power to compel the attendance of witnesses from any county in the state for proceedings under this code.
(c) Only witnesses who have been subpoenaed shall be allowed witness fees and mileage. No witness shall be entitled to be paid fees or mileage before the witness' actual appearance at court.
History: L. 2006, ch. 200, § 35; January 1, 2007.
(a)
Jurisdiction of the court.
Parties and interested parties in a child in need of care proceedings are subject to the jurisdiction of the court.
(b)
Rights of parties.
Subject to the authority of the court to rule on the admissibility of evidence and provide for the orderly conduct of the proceedings, the rights of parties to participate in a child in need of care proceeding include, but are not limited to:
(1) Notice in accordance with K.S.A. 38-2236 and 38-2239, and amendments thereto;
(2) present oral or written evidence and argument, to call and cross-examine witnesses; and
(3) representation by an attorney in accordance with K.S.A. 38-2205, and amendments thereto.
(c)
Grandparents as interested parties.
(1) A grandparent of the child shall be an interested party to a child in need of care proceeding.
(2) Grandparents shall have the participatory rights of parties pursuant to subsection (b), except that the court may restrict those rights if the court finds that it would be in the best interests of the child. A grandparent may not be prevented under this paragraph from attending the proceedings, having access to the child's official file in the court records or making a statement to the court.
(d)
Persons with whom the child has been residing as interested parties.
(1) Any person with whom the child has resided for a significant period of time within six months of the date the child in need of care petition is filed shall be made an interested party, if such person notifies the court of such person's desire to become an interested party. Notification may be made in writing, orally or by appearance at the initial or a subsequent hearing on the child in need of care petition.
(2) Persons with interested party status under this subsection shall have the participatory rights of parties pursuant to subsection (b), except that the court may restrict those rights if the court finds that it would be in the best interests of the child.
(e)
Other interested parties.
(1) Any person with whom the child has resided at any time, who is within the fourth degree of relationship to the child, or to whom the child has close emotional ties may, upon motion, be made an interested party if the court determines that it is in the best interests of the child.
(2) Any other person or Indian tribe seeking to intervene that is not a party may, upon motion, be made an interested party if the court determines that the person or tribe has a sufficient relationship with the child to warrant interested party status or that the person's or tribe's participation would be beneficial to the proceedings.
(3) The court may, upon its own motion, make any person an interested party if the court determines that interested party status would be in the best interests of the child.
(f)
Procedure for determining, denying or terminating interested party status.
(1) Upon the request of the court, the secretary shall investigate the advisability of granting interested party status under this section and report findings and recommendations to the court.
(2) The court may deny or terminate interested party status under this subsection if the court determines, after notice and a hearing, that a person does not qualify for interested party status or that there is good cause to deny or terminate interested party status.
(3) A person who is denied interested party status or whose status as an interested party has been terminated may petition for review of the denial or termination by the chief judge of the district in which the court having jurisdiction over the child in need of care proceeding is located, or a judge designated by the chief judge. The chief judge or the chief judge's designee shall review the denial or termination within 30 days of receiving the petition. The child in need of care proceeding shall not be stayed pending resolution of the petition for review.
History: L. 2006, ch. 200, § 36; L. 2008, ch. 169, § 6; L. 2011, ch. 60, § 3; July 1.
(a) The court, upon verified application, may issue ex parte an order directing that a child be held in protective custody and, if the child has not been taken into custody, an order directing that the child be taken into custody. The application shall state for each child:
(1) The applicant's belief that the child is a child in need of care;
(2) that the child is likely to sustain harm if not immediately removed from the home;
(3) that allowing the child to remain in the home is contrary to the welfare of the child; and
(4) the facts relied upon to support the application, including efforts known to the applicant to maintain the family unit and prevent the unnecessary removal of the child from the child's home, or the specific facts supporting that an emergency exists which threatens the safety of the child.
(b) (1) The order of protective custody may be issued only after the court has determined there is probable cause to believe the allegations in the application are true. The order shall remain in effect until the temporary custody hearing provided for in K.S.A. 38-2243, and amendments thereto, unless earlier rescinded by the court.
(2) No child shall be held in protective custody for more than 72 hours, excluding Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible, unless within the 72-hour period a determination is made as to the necessity for temporary custody in a temporary custody hearing. The time spent in custody pursuant to K.S.A. 38-2232, and amendments thereto, shall be included in calculating the 72-hour period. Nothing in this subsection shall be construed to mean that the child must remain in protective custody for 72 hours. If a child is in the protective custody of the secretary, the secretary shall allow at least one supervised visit between the child and the parent or parents within such time period as the child is in protective custody. The court may prohibit such supervised visit if the court determines it is not in the best interest of the child.
(c) (1) Whenever the court determines the necessity for an order of protective custody, the court may place the child in the protective custody of:
(A) A parent or other person having custody of the child and may enter a restraining order pursuant to subsection (e);
(B) a person, other than the parent or other person having custody, who shall not be required to be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of law, if the child has been subjected to human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto, or the child committed an act which, if committed by an adult, would constitute a violation of K.S.A. 21-6419, and amendments thereto;
(F) after written authorization by a community mental health center, a juvenile crisis intervention center as described in K.S.A. 65-536, and amendments thereto; or
(G) the secretary, if the child is 15 years of age or younger, or 16 or 17 years of age if the child has no identifiable parental or family resources or shows signs of physical, mental, emotional or sexual abuse.
(2) If the secretary presents the court with a plan to provide services to a child or family which the court finds will assure the safety of the child, the court may only place the child in the protective custody of the secretary until the court finds the services are in place. The court shall have the authority to require any person or entity agreeing to participate in the plan to perform as set out in the plan. When the child is placed in the protective custody of the secretary, the secretary shall have the discretionary authority to place the child with a parent or to make other suitable placement for the child. When the child is placed in the temporary custody of the secretary and the child has been subjected to human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto, or the child committed an act which, if committed by an adult, would constitute a violation of K.S.A. 21-6419, and amendments thereto, the secretary shall have the discretionary authority to place the child in a staff secure facility, notwithstanding any other provision of law. When the child is presently alleged, but not yet adjudicated, to be a child in need of care solely pursuant to K.S.A. 38-2202(d)(9) or (d)(10), and amendments thereto, the child may be placed in a secure facility pursuant to an order of protective custody for a period of not to exceed 24 hours, excluding Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible.
(d) The order of protective custody shall be served pursuant to K.S.A. 38-2237(a), and amendments thereto, on the child's parents and any other person having legal custody of the child. The order shall prohibit the removal of the child from the court's jurisdiction without the court's permission.
(e) If the court issues an order of protective custody, the court may also enter an order restraining any alleged perpetrator of physical, sexual, mental or emotional abuse of the child from residing in the child's home; visiting, contacting, harassing or intimidating the child, other family member or witness; or attempting to visit, contact, harass or intimidate the child, other family member or witness. Such restraining order shall be served by personal service pursuant to K.S.A. 38-2237(a), and amendments thereto, on any alleged perpetrator to whom the order is directed.
(f) (1) The court shall not enter the initial order removing a child from the custody of a parent pursuant to this section unless the court first finds probable cause that: (A) (i) The child is likely to sustain harm if not immediately removed from the home;
(ii) allowing the child to remain in home is contrary to the welfare of the child; or
(iii) immediate placement of the child is in the best interest of the child; and
(B) reasonable efforts have been made to maintain the family unit and prevent the unnecessary removal of the child from the child's home or that an emergency exists which threatens the safety to the child.
(2) Such findings shall be included in any order entered by the court. If the child is placed in the custody of the secretary, the court shall provide the secretary with a written copy of any orders entered upon making the order.
History: L. 2006, ch. 200, § 37; L. 2009, ch. 99, § 4; L. 2010, ch. 11, § 5; L. 2010, ch. 155, § 12; L. 2013, ch. 120, § 34; L. 2018, ch. 107, § 4; L. 2019, ch. 65, § 4; July 1.
(a) Upon notice and hearing, the court may issue an order directing who shall have temporary custody and may modify the order during the pendency of the proceedings as will best serve the child's welfare.
(b) A hearing pursuant to this section shall be held within 72 hours, excluding Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible, following a child having been taken into protective custody.
(c) Whenever it is determined that a temporary custody hearing is required, the court shall immediately set the time and place for the hearing. Notice of a temporary custody hearing shall be given to all parties and interested parties.
(d) Notice of the temporary custody hearing shall be given at least 24 hours prior to the hearing. The court may continue the hearing to afford the 24 hours prior notice or, with the consent of the party or interested party, proceed with the hearing at the designated time. If an order of temporary custody is entered and the parent or other person having custody of the child has not been notified of the hearing, did not appear or waive appearance and requests a rehearing, the court shall rehear the matter without unnecessary delay.
(e) Oral notice may be used for giving notice of a temporary custody hearing where there is insufficient time to give written notice. Oral notice is completed upon filing a certificate of oral notice.
(f) The court may enter an order of temporary custody after determining there is probable cause to believe that the:
(1) Child is dangerous to self or to others;
(2) child is not likely to be available within the jurisdiction of the court for future proceedings;
(3) health or welfare of the child may be endangered without further care;
(4) child has been subjected to human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto;
(5) child is experiencing a behavioral health crisis and is in need of treatment; or
(6) child committed an act which, if committed by an adult, would constitute a violation of K.S.A. 21-6419, and amendments thereto.
(g) (1) Whenever the court determines the necessity for an order of temporary custody the court may place the child in the temporary custody of:
(A) A parent or other person having custody of the child and may enter a restraining order pursuant to subsection (h);
(B) a person, other than the parent or other person having custody, who shall not be required to be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of law, if the child has been subjected to human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto, or the child committed an act which, if committed by an adult, would constitute a violation of K.S.A. 21-6419, and amendments thereto;
(F) after written authorization by a community mental health center, a juvenile crisis intervention center, as described in K.S.A. 65-536, and amendments thereto; or
(G) the secretary, if the child is 15 years of age or younger, or 16 or 17 years of age if the child has no identifiable parental or family resources or shows signs of physical, mental, emotional or sexual abuse.
(2) If the secretary presents the court with a plan to provide services to a child or family which the court finds will assure the safety of the child, the court may only place the child in the temporary custody of the secretary until the court finds the services are in place. The court shall have the authority to require any person or entity agreeing to participate in the plan to perform as set out in the plan. When the child is placed in the temporary custody of the secretary, the secretary shall have the discretionary authority to place the child with a parent or to make other suitable placement for the child. When the child is placed in the temporary custody of the secretary and the child has been subjected to human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A 21-6422, and amendments thereto, or the child committed an act which, if committed by an adult, would constitute a violation of K.S.A. 21-6419, and amendments thereto, the secretary shall have the discretionary authority to place the child in a staff secure facility, notwithstanding any other provision of law. When the child is presently alleged, but not yet adjudicated to be a child in need of care solely pursuant to K.S.A. 38-2202(d)(9) or (d)(10), and amendments thereto, the child may be placed in a secure facility, but the total amount of time that the child may be held in such facility under this section and K.S.A. 38-2242, and amendments thereto, shall not exceed 24 hours, excluding Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible. The order of temporary custody shall remain in effect until modified or rescinded by the court or an adjudication order is entered but not exceeding 60 days, unless good cause is shown and stated on the record.
(h) If the court issues an order of temporary custody, the court may also enter an order restraining any alleged perpetrator of physical, sexual, mental or emotional abuse of the child from residing in the child's home; visiting, contacting, harassing or intimidating the child; or attempting to visit, contact, harass or intimidate the child, other family members or witnesses. Such restraining order shall be served by personal service pursuant to K.S.A. 38-2237(a), and amendments thereto, on any alleged perpetrator to whom the order is directed.
(i) (1) The court shall not enter the initial order removing a child from the custody of a parent pursuant to this section unless the court first finds probable cause that:
(A) (i) The child is likely to sustain harm if not immediately removed from the home;
(ii) allowing the child to remain in home is contrary to the welfare of the child; or
(iii) immediate placement of the child is in the best interest of the child; and
(B) reasonable efforts have been made to maintain the family unit and prevent the unnecessary removal of the child from the child's home or that an emergency exists which threatens the safety to the child.
(2) Such findings shall be included in any order entered by the court. If the child is placed in the custody of the secretary, upon making the order the court shall provide the secretary with a written copy.
(j) If the court enters an order of temporary custody that provides for placement of the child with a person other than the parent, the court shall make a child support determination pursuant to K.S.A. 38-2277, and amendments thereto.
(k) For the purposes of this section, "harassing or intimidating" and "harass or intimidate" includes, but is not limited to, utilizing any electronic tracking system or acquiring tracking information to determine the targeted person's location, movement or travel patterns.
History: L. 2006, ch. 200, § 38; L. 2008, ch. 169, § 7; L. 2009, ch. 99, § 5; L. 2010, ch. 11, § 6; L. 2010, ch. 155, § 13; L. 2013, ch. 120, § 35; L. 2018, ch. 107, § 5; L. 2019, ch. 65, § 5; L. 2023, ch. 78, § 4; L. 2024, ch. 100, § 7; July 1.
History: L. 2006, ch. 200, § 38; L. 2008, ch. 169, § 7; L. 2009, ch. 99, § 5; L. 2010, ch. 11, § 6; L. 2010, ch. 155, § 13; L. 2013, ch. 120, § 35; L. 2018, ch. 107, § 5; L. 2019, ch. 65, § 5; L. 2023, ch. 96, § 6; Repealed, L. 2024, ch. 100, § 16; July 1.
(a) At any time after filing a petition, but prior to an adjudication, the court may enter an order for continuance and informal supervision without an adjudication if no party objects. Upon granting the continuance, the court shall include in the order any conditions with which the parties and interested parties are expected to comply and provide the parties and interested parties with a copy of the order. The conditions may include appropriate dispositional alternatives authorized by K.S.A. 38-2255, and amendments thereto.
(b) An order for informal supervision may remain in force for a period of up to six months and may be extended, upon hearing, for an additional six-month period for a total of one year. For a child under an order for informal supervision who remains in the custody of such child's parent, such one-year period may be extended if no party objects, upon hearing, for up to an additional one year, with reviews by the court occurring at least every six months.
(c) The court after notice and hearing may revoke or modify the order with respect to a party or interested party upon a showing that the party or interested party, being subject to the order for informal supervision, has substantially failed to comply with the terms of the order, or that modification would be in the best interests of the child. Upon revocation, proceedings shall resume pursuant to this code.
(d) Persons subject to the order for informal supervision who successfully complete the terms and period of supervision shall not again be proceeded against in any court based solely upon the allegations in the original petition and the proceedings shall be dismissed.
(e) If the court issues an order for informal supervision pursuant to this section, the court may also enter an order restraining any alleged perpetrator of physical, mental or emotional abuse or sexual abuse of the child from residing in the child's home, visiting, contacting, harassing or intimidating the child, other family member or witness; or attempting to visit, contact, harass or intimidate the child, other family member or witness. The restraining order shall be served by personal service pursuant to subsection (a) of K.S.A. 38-2237, and amendments thereto, on any alleged perpetrator to whom the order is directed.
(f) Lack of service on a parent shall not preclude an informal supervision under the provisions of this section. If an order of informal supervision is entered which effects change in custody, any parent not served pursuant to K.S.A. 38-2237, and amendments thereto, who has not consented to the informal supervision, may request reconsideration of the order of informal supervision. The court shall hear the request without unnecessary delay. If the informal supervision order effects a change in custody, efforts to accomplish service pursuant to K.S.A. 38-2237, and amendments thereto, shall continue.
(g) For the purposes of this section, "harassing or intimidating" and "harass or intimidate" includes, but is not limited to, utilizing any electronic tracking system or acquiring tracking information to determine the targeted person's location, movement or travel patterns.
History: L. 2006, ch. 200, § 39; L. 2008, ch. 169, § 8; L. 2023, ch. 78, § 5; July 1.
(a) After a hearing and a finding that discovery procedures, as described in K.S.A. 60-226 through 60-237, and amendments thereto, will expedite the proceedings, the judge may allow discovery subject to limitations.
(b) Upon request of any party or interested party, any other party or interested party shall disclose the names of all potential witnesses.
History: L. 2006, ch. 200, § 40; January 1, 2007.
All proceedings under this code shall be disposed of without unnecessary delay. Continuances shall not be granted unless good cause is shown.
History: L. 2006, ch. 200, § 41; January 1, 2007.
(a)
Adjudication.
Proceedings prior to and including adjudication under this code shall be open to attendance by any person unless the court determines that closed proceedings or the exclusion of that person would be in the best interests of the child or is necessary to protect the privacy rights of the parents.
(1) The court may not exclude the guardian ad litem, parties and interested parties.
(2) Members of the news media shall comply with supreme court rule 1001.
(b)
Disposition.
Proceedings pertaining to the disposition of a child adjudicated to be in need of care shall be closed to all persons except the parties, the guardian ad litem, interested parties and their attorneys, officers of the court, a court appointed special advocate and the custodian.
(1) Other persons may be permitted to attend with the consent of the parties or by order of the court, if the court determines that it would be in the best interests of the child or the conduct of the proceedings, subject to such limitations as the court determines to be appropriate.
(2) The court may exclude any person if the court determines that such person's exclusion would be in the best interests of the child or the conduct of the proceedings.
(c) Notwithstanding subsections (a) and (b) of this section, the court shall permit the attendance at the proceedings of up to two people designated by the parent of the child, both of whom have participated in a parent ally orientation program approved by the judicial administrator.
(1) Such parent ally orientation program shall include, but not be limited to, information concerning the confidentiality of the proceedings; the child and parent's right to counsel; the definitions and jurisdiction pursuant to the Kansas code for care of children; the types and purposes of the hearings; options for informal supervision and dispositions; placement options; the parents' obligation to financially support the child while the child is in the state's custody; obligations of the secretary for children and families; obligations of entities that contract with the Kansas department for children and families for family preservation, foster care and adoption; the termination of parental rights; the procedures for appeals; and the basic rules regarding court procedure.
(2) The court may remove the parent's ally or allies from a proceeding if such ally becomes disruptive in the present proceeding or has been found disruptive in a prior proceeding.
(d)
Preservation of confidentiality.
If information required to be kept confidential by K.S.A. 38-2209, and amendments thereto, is to be introduced into evidence and there are persons in attendance who are not authorized to receive the information, the court may exclude those persons during the presentation of the evidence or conduct an in camera inspection of the evidence.
History: L. 2006, ch. 200, § 42; L. 2008, ch. 169, § 9; L. 2014, ch. 115, § 63; July 1.
(a) In any proceedings under this code, parents, persons with whom the child has been residing pursuant to subsection (d) of K.S.A. 38-2241, and amendments thereto, and guardians ad litem may stipulate or enter no contest statements to all or part of the allegations in the petition.
(b) Prior to the acceptance of any stipulation or no contest statement, other than to names, ages, parentage or other preliminary matters, the court shall ask each of the persons listed in subsection (a) the following questions:
(1) Do you understand that you have a right to a hearing on the allegations contained in the petition?
(2) Do you understand that you may be represented by an attorney and, if you are a parent and financially unable to employ an attorney, the court will appoint an attorney for you, if you so request?
(3) One of the following: (A) Do you understand that a stipulation is an admission that the statements in the petition are true or (B) Do you understand that a no contest statement neither admits nor denies the statement in the petition but allows the court to find that the statements in the petition are true?
(4) Do you understand that, if the court accepts your stipulation or no contest statement, you will not be able to appeal that finding, the court may find the child to be a child in need of care and the court will then make further orders as to the care, custody and supervision of the child?
(5) Do you understand that, if the court finds the child to be a child in need of care, the court is not bound by any agreement or recommendation of the parties as to disposition and placement of the child?
(c) Before accepting a stipulation the court shall find that there is a factual basis for the stipulation.
(d) Before an adjudication based on a no contest statement, the court shall find from a proffer of evidence that there is a factual basis.
(e) In proceedings other than termination of parental rights proceedings under this code if all persons listed in subsection (a) do not stipulate or enter no contest statements, the court shall hear evidence as to those persons, if they are present. The case may proceed by proffer as to persons not present, unless they appear by counsel and have instructed counsel to object.
(f) In evidentiary hearings for termination of parental rights under this code, the case may proceed by proffer as to parties not present, unless they appear by counsel and have instructed counsel to object.
History: L. 2006, ch. 200, § 43; L. 2008, ch. 169, § 10; July 1.
(a) In all proceedings under this code, the rules of evidence of the code of civil procedure shall apply, except that no evidence relating to the condition of a child shall be excluded solely on the ground that the matter is or may be the subject of a physician-patient privilege, psychologist-client privilege or social worker-client privilege.
(b) (1) The judge presiding at all hearings under this code shall not consider or rely upon any report not properly admitted according to the rules of evidence, except as provided by K.S.A. 38-2219, and amendments thereto.
(2) In all proceedings under this code, a report concerning the results and analysis of a court-ordered test of a person's blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs shall be admissible in evidence if the report is prepared and attested to by the person conducting the test or an authorized employee of the facility that conducted the test. Such person shall prepare a certificate that includes an attestation as to the result and analysis of the test and sign the certificate under oath. Nothing in this section shall prevent a party from calling such person as a witness.
(c) In any proceeding in which a child less than 13 years of age is alleged to have been physically, mentally or emotionally abused or neglected or sexually abused, a recording of an oral statement of the child, or of any witness less than 13 years of age, made before the proceeding began, is admissible in evidence if:
(1) The court determines that the time, content and circumstances of the statement provide sufficient indicia of reliability;
(2) no attorney for any party or interested party is present when the statement is made;
(3) the recording is both visual and aural and is recorded on film, videotape or by other electronic means;
(4) the recording equipment is capable of making an accurate recording, the operator of the equipment is competent and the recording is accurate and has not been altered;
(5) the statement is not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the child's statement and not made solely as a result of a leading or suggestive question;
(6) every voice on the recording is identified;
(7) the person conducting the interview of the child in the recording is present at the proceeding and is available to testify or be cross-examined by any party or interested party; and
(8) each party or interested party to the proceeding is afforded an opportunity to view the recording before it is offered into evidence.
(d) On motion of any party to a proceeding pursuant to the code in which a child less than 13 years of age is alleged to have been physically, mentally or emotionally abused or neglected or sexually abused, the court may order that the testimony of the child, or of any witness less than 13 years of age, be taken:
(1) In a room other than the courtroom and be televised by closed-circuit equipment in the courtroom to be viewed by the court and the parties and interested parties to the proceeding; or
(2) outside the courtroom and be recorded for showing in the courtroom before the court and the parties and interested parties to the proceeding if:
(A) The recording is both visual and aural and is recorded on film, videotape or by other electronic means;
(B) the recording equipment is capable of making an accurate recording, the operator of the equipment is competent and the recording is accurate and has not been altered;
(C) every voice on the recording is identified; and
(D) each party and interested party to the proceeding is afforded an opportunity to view the recording before it is shown in the courtroom.
(e) At the taking of testimony under subsection (d):
(1) Only an attorney for each party, interested party, the guardian ad litem for the child or other person whose presence would contribute to the welfare and well-being of the child and persons necessary to operate the recording or closed-circuit equipment may be present in the room with the child during the child's testimony;
(2) only the attorneys for the parties may question the child; and
(3) the persons operating the recording or closed-circuit equipment shall be confined to an adjacent room or behind a screen or mirror that permits such person to see and hear the child during the child's testimony, but does not permit the child to see or hear such person.
(f) If the testimony of a child is taken as provided by subsection (d), the child shall not be compelled to testify in court during the proceeding.
(g) (1) Any objection to a recording under subsection (d)(2) that such proceeding is inadmissible must be made by written motion filed with the court at least seven days before the commencement of the adjudicatory hearing. An objection under this subsection shall specify the portion of the recording which is objectionable and the reasons for the objection. Failure to file an objection within the time provided by this subsection shall constitute waiver of the right to object to the admissibility of the recording unless the court, in its discretion, determines otherwise.
(2) The provisions of this subsection shall not apply to any objection to admissibility for the reason that the recording has been materially altered.
History: L. 2006, ch. 200, § 44; L. 2007, ch. 57, § 1; L. 2017, ch. 58, § 3; July 1.
The petitioner must prove by clear and convincing evidence that the child is a child in need of care.
History: L. 2006, ch. 200, § 45; January 1, 2007.
(a) If the court finds that the child is not a child in need of care, the court shall enter an order dismissing the proceedings.
(b) If the court finds that the child is a child in need of care, the court shall enter an order adjudicating the child to be a child in need of care and may proceed to enter other orders as authorized by this code.
(c) A final adjudication or dismissal shall be entered within 60 days from the date of the filing of the petition, unless good cause for a continuance is shown on the record.
History: L. 2006, ch. 200, § 46; L. 2008, ch. 169, § 11; L. 2010, ch. 75, § 11; July 1.
(a) Before placement pursuant to this code of a child with a person other than the child's parent, the secretary, the court or the court services officer, at the direction of the court, may convene a conference of persons determined by the court, the secretary or the court services officer to have a potential interest in determining a placement which is in the best interests of the child. Such persons shall be given any information relevant to the determination of the placement of the child, including the needs of the child and any other information that would be helpful in making a placement in the best interests of the child. After presentation of the information, such persons shall be permitted to discuss and recommend to the secretary or the court services officer the person or persons with whom it would be in the child's best interest to be placed. Unless the secretary or the court services officer determines that there is good cause to place the child with a person other than as recommended, the child shall be placed in accordance with the recommendations.
(b) A person participating in a conference pursuant to this section shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of the person's participation.
History: L. 2006, ch. 200, § 47; January 1, 2007.
(a) At a dispositional hearing, the court shall receive testimony and other relevant information with regard to the safety and well being of the child and may enter orders regarding:
(1) Case planning which sets forth the responsibilities and timelines necessary to achieve permanency for the child; and
(2) custody of the child.
(b) An order of disposition may be entered at the time of the adjudication if notice has been provided pursuant to K.S.A. 38-2254, and amendments thereto, but shall be entered within 30 days following adjudication, unless delayed for good cause shown.
(c) If the dispositional hearing meets the requirements of K.S.A. 38-2265, and amendments thereto, the dispositional hearing may serve as a permanency hearing.
History: L. 2006, ch. 200, § 48; January 1, 2007.
(a) Unless waived by the persons entitled to notice, the court shall require notice of the time and place of the dispositional hearing be given to the parties and interested parties.
(b) The court shall require notice and the right to be heard as to proposals for living arrangements for the child, the services to be provided the child and the child's family, and the proposed permanency goal for the child to the following:
(1) The child's foster parent or parents or permanent custodian providing care for the child;
(2) preadoptive parents for the child, if any;
(3) the child's grandparents at their last known addresses or if no grandparent is living or if no living grandparent's address is known, to the closest relative of each of the child's parents whose address is known;
(4) the person having custody of the child; and
(5) upon request, by any person having close emotional ties with the child and who is deemed by the court to be essential to the deliberations before the court.
(c) The notice required by this subsection shall be given by first class mail, not less than 10 business days before the hearing.
(d) Individuals receiving notice pursuant to subsection (b) shall not be made a party or interested party to the action solely on the basis of this notice and the right to be heard. The right to be heard shall be at a time and in a manner determined by the court and does not confer an entitlement to appear in person at government expense.
(e) The provisions of this subsection shall not require additional notice to any person otherwise receiving notice of the hearing pursuant to K.S.A. 38-2239, and amendments thereto.
History: L. 2006, ch. 200, § 49; L. 2008, ch. 169, § 12; L. 2018, ch. 107, § 10; July 1.
(a)
Considerations.
Prior to entering an order of disposition, the court shall give consideration to:
(1) The child's physical, mental and emotional condition;
(2) the child's need for assistance;
(3) the manner in which the parent participated in the abuse, neglect or abandonment of the child;
(4) any relevant information from the intake and assessment process; and
(5) the evidence received at the dispositional hearing.
(b)
Custody with a parent.
The court may place the child in the custody of either of the child's parents subject to terms and conditions which the court prescribes to assure the proper care and protection of the child, including, but not limited to:
(1) Supervision of the child and the parent by a court services officer;
(2) participation by the child and the parent in available programs operated by an appropriate individual or agency; and
(3) any special treatment or care which the child needs for the child's physical, mental or emotional health and safety.
(c)
Removal of a child from custody of a parent.
The court shall not enter the initial order removing a child from the custody of a parent pursuant to this section unless the court first finds probable cause that:
(1) (A) The child is likely to sustain harm if not immediately removed from the home;
(B) allowing the child to remain in home is contrary to the welfare of the child; or
(C) immediate placement of the child is in the best interest of the child; and
(2) reasonable efforts have been made to maintain the family unit and prevent the unnecessary removal of the child from the child's home or that an emergency exists that threatens the safety to the child.
The court shall not enter an order removing a child from the custody of a parent pursuant to this section based solely on the finding that the parent is homeless.
(d)
Custody of a child removed from the custody of a parent.
If the court has made the findings required by subsection (c), the court shall enter an order awarding custody to: A relative of the child or to a person with whom the child has close emotional ties who shall not be required to be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto; any other suitable person; a shelter facility; a youth residential facility; a staff secure facility, notwithstanding any other provision of law, if the child has been subjected to human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto, or the child committed an act which, if committed by an adult, would constitute a violation of K.S.A. 21-6419, and amendments thereto; or, if the child is 15 years of age or younger, or 16 or 17 years of age if the child has no identifiable parental or family resources or shows signs of physical, mental, emotional or sexual abuse, to the secretary. Custody awarded under this subsection shall continue until further order of the court.
(1) When custody is awarded to the secretary, the secretary shall consider any placement recommendation by the court and notify the court of the placement or proposed placement of the child within 10 days of the order awarding custody. After providing the parties or interested parties notice and opportunity to be heard, the court may determine whether the secretary's placement or proposed placement is contrary to the welfare or in the best interests of the child. In making that determination the court shall consider the health and safety needs of the child and the resources available to meet the needs of children in the custody of the secretary. If the court determines that the placement or proposed placement is contrary to the welfare or not in the best interests of the child, the court shall notify the secretary, who shall then make an alternative placement.
(2) The custodian designated under this subsection shall notify the court in writing at least 10 days prior to any planned placement with a parent. The written notice shall state the basis for the custodian's belief that placement with a parent is no longer contrary to the welfare or best interest of the child. Upon reviewing the notice, the court may allow the custodian to proceed with the planned placement or may set the date for a hearing to determine if the child shall be allowed to return home. If the court sets a hearing on the matter, the custodian shall not return the child home without written consent of the court.
(3) The court may grant any person reasonable rights to visit the child upon motion of the person and a finding that the visitation rights would be in the best interests of the child.
(4) The court may enter an order restraining any alleged perpetrator of physical, mental or emotional abuse or sexual abuse of the child from: Residing in the child's home; visiting, contacting, harassing or intimidating the child, other family member or witness; or attempting to visit, contact, harass or intimidate the child, other family member or witness. Such restraining order shall be served by personal service pursuant to K.S.A. 38-2237(a), and amendments thereto, on any alleged perpetrator to whom the order is directed.
(5) The court shall provide a copy of any orders entered within 10 days of entering the order to the custodian designated under this subsection.
(e)
Further determinations regarding a child removed from the home.
If custody has been awarded under subsection (d) to a person other than a parent, a permanency plan shall be provided or prepared pursuant to K.S.A. 38-2264, and amendments thereto. If a permanency plan is provided at the dispositional hearing, the court may determine whether reintegration is a viable alternative or, if reintegration is not a viable alternative, whether the child should be placed for adoption, a permanent custodian appointed or a SOUL family legal permanency custodian appointed. In determining whether reintegration is a viable alternative, the court shall consider:
(1) Whether a parent has been found by a court to have committed one of the following crimes or to have violated the law of another state prohibiting such crimes or to have aided and abetted, attempted, conspired or solicited the commission of one of these crimes: (A) Murder in the first degree, K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and amendments thereto; (B) murder in the second degree, K.S.A. 21-3402, prior to its repeal, or K.S.A. 21-5403, and amendments thereto; (C) capital murder, K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and amendments thereto; (D) voluntary manslaughter, K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and amendments thereto; or (E) a felony battery that resulted in bodily injury;
(2) whether a parent has subjected the child or another child to aggravated circumstances;
(3) whether a parent has previously been found to be an unfit parent in proceedings under this code or in comparable proceedings under the laws of another state or the federal government;
(4) whether the child has been in the custody of the secretary and placed with neither parent for 15 of the most recent 22 months beginning 60 days after the date on which a child in the secretary's custody was removed from the child's home;
(5) whether the parents have failed to work diligently toward reintegration;
(6) whether the secretary has provided the family with services necessary for the safe return of the child to the home; and
(7) whether it is reasonable to expect reintegration to occur within a time frame consistent with the child's developmental needs.
(f)
Proceedings if reintegration is not a viable alternative.
If the court determines that reintegration is not a viable alternative, proceedings to terminate parental rights and permit placement of the child for adoption or appointment of a permanent custodian or a SOUL family legal permanency custodian shall be initiated unless the court finds that compelling reasons have been documented in the case plan why adoption or appointment of a permanent custodian or a SOUL family legal permanency custodian would not be in the best interests of the child. If compelling reasons have not been documented, the county or district attorney shall file a motion within 30 days to terminate parental rights or a motion to appoint a permanent custodian or SOUL family legal permanency custodian pursuant to K.S.A. 2025 Supp. 38-2272a, and amendments thereto, within 30 days and the court shall hold a hearing on the motion within 90 days of its filing. No hearing is required when the parents voluntarily relinquish parental rights or consent to the appointment of a permanent custodian or a SOUL family legal permanency custodian.
(g)
Additional orders.
In addition to or in lieu of any other order authorized by this section:
(1) The court may order the child and the parents of any child who has been adjudicated a child in need of care to attend counseling sessions as the court directs. The expense of the counseling may be assessed as an expense in the case. No mental health provider shall charge a greater fee for court-ordered counseling than the provider would have charged to the person receiving counseling if the person had requested counseling on the person's own initiative.
(2) If the court has reason to believe that a child is before the court due, in whole or in part, to the use or misuse of alcohol or a violation of K.S.A. 21-5701 through 21-5717, and amendments thereto, by the child, a parent of the child, or another person responsible for the care of the child, the court may order the child, parent of the child or other person responsible for the care of the child to submit to and complete an alcohol and drug evaluation by a qualified person or agency and comply with any recommendations. If the evaluation is performed by a community-based alcohol and drug safety program certified pursuant to K.S.A. 8-1008, and amendments thereto, the child, parent of the child or other person responsible for the care of the child shall pay a fee not to exceed the fee established by that statute. If the court finds that the child and those legally liable for the child's support are indigent, the fee may be waived. In no event shall the fee be assessed against the secretary.
(3) If child support has been requested and the parent or parents have a duty to support the child, the court may order one or both parents to pay child support and, when custody is awarded to the secretary, the court shall order one or both parents to pay child support. The court shall determine, for each parent separately, whether the parent is already subject to an order to pay support for the child. If the parent is not presently ordered to pay support for any child who is subject to the jurisdiction of the court and the court has personal jurisdiction over the parent, the court shall order the parent to pay child support in an amount determined under K.S.A. 38-2277, and amendments thereto. Except for good cause shown, the court shall issue an immediate income withholding order pursuant to K.S.A. 23-3101 et seq., and amendments thereto, for each parent ordered to pay support under this subsection, regardless of whether a payor has been identified for the parent. A parent ordered to pay child support under this subsection shall be notified, at the hearing or otherwise, that the child support order may be registered pursuant to K.S.A. 38-2279, and amendments thereto. The parent shall also be informed that, after registration, the income withholding order may be served on the parent's employer without further notice to the parent and the child support order may be enforced by any method allowed by law. Failure to provide this notice shall not affect the validity of the child support order.
(h) For the purposes of this section, "harassing or intimidating" and "harass or intimidate" includes, but is not limited to, utilizing any electronic tracking system or acquiring tracking information to determine the targeted person's location, movement or travel patterns.
History: L. 2006, ch. 200, § 50; L. 2009, ch. 99, § 6; L. 2009, ch. 143, § 16; L. 2010, ch. 75, § 12; L. 2011, ch. 69, § 1; L. 2012, ch. 162, § 65; L. 2013, ch. 120, § 36; L. 2018, ch. 107, § 11; L. 2023, ch. 78, § 6; L. 2024, ch. 47, § 5; July 1.
History: L. 2006, ch. 200, § 50; L. 2009, ch. 99, § 6; L. 2009, ch. 143, § 16; L. 2010, ch. 135, § 47; Repealed, L. 2011, ch. 30, § 288; July 1.
History: L. 2006, ch. 200, § 50; L. 2009, ch. 99, § 6; L. 2009, ch. 143, § 16; L. 2010, ch. 75, § 12; L. 2011, ch. 30, § 156; Repealed, L. 2012, ch. 162, § 90; May 31.
After the entry of any dispositional order, the court may rehear the matter on its own motion or the motion of a party or interested party. Upon notice, pursuant to K.S.A. 38-2254, and amendments thereto, and after the rehearing, the court may enter any dispositional order authorized by this code, except that a child support order which has been registered under K.S.A. 38-2279, and amendments thereto, may only be modified pursuant to K.S.A. 38-2279, and amendments thereto.
History: L. 2006, ch. 200, § 51; January 1, 2007.
If a child is placed outside the child's home at the dispositional hearing and no permanency plan is made a part of the record of the hearing, a written permanency plan shall be prepared pursuant to K.S.A. 38-2263, and amendments thereto.
History: L. 2006, ch. 200, § 52; January 1, 2007.
(a) Except as provided in K.S.A. 38-2255(d)(2) and 38-2259, and amendments thereto, if a child has been in the same foster home, kinship care placement or shelter facility for six months or longer, or has been placed by the secretary in the home of a parent or relative, the secretary shall give written notice of any plan to move the child to a different placement unless the move is to the selected preadoptive family for the purpose of facilitating adoption. The notice shall be given to: (1) The court having jurisdiction over the child; (2) the petitioner; (3) the attorney for the parents, if any; (4) each parent whose address is available; (5) the foster parent or custodian from whose home or shelter facility it is proposed to remove the child; (6) the child, if 12 or more years of age; (7) the child's guardian ad litem; (8) any other party or interested party; and (9) the child's court appointed special advocate.
(b) The notice shall state the placement to which the secretary plans to transfer the child and the reason for the proposed action. The notice shall be mailed by first class mail 30 days in advance of the planned transfer, except that the secretary shall not be required to wait 30 days to transfer the child if all persons enumerated in subsection (a)(2) through (8) consent in writing to the transfer.
(c) Within 14 days after receipt of the notice, any person enumerated in subsection (a)(2) through (8) receiving notice as provided above may request, either orally or in writing, that the court conduct a hearing to determine whether or not the change in placement is in the best interests of the child concerned. When the request has been received, the court shall schedule a hearing and immediately notify the secretary of the request and the time and date the matter will be heard. The court shall give notice of the hearing to persons enumerated in subsection (a)(2) through (9). If the court does not receive a request for hearing within the specified time, the change in placement may occur prior to the expiration of the 30 days. The secretary shall not change the placement of the child, except for the purpose of adoption, unless the change is approved by the court.
(d) When, after the notice set out above, a child in the custody of the secretary is removed from the home of a parent after having been placed in the home of a parent for a period of six months or longer, the secretary shall request a finding that:
(1) (A) The child is likely to sustain harm if not immediately removed from the home;
(B) allowing the child to remain in home is contrary to the welfare of the child; or
(C) immediate placement of the child is in the best interest of the child; and
(2) reasonable efforts have been made to maintain the family unit and prevent the unnecessary removal of the child from the child's home or that an emergency exists which threatens the safety to the child.
(e) The secretary shall present to the court in writing the efforts to maintain the family unit and prevent the unnecessary removal of the child from the child's home. In making the findings, the court may rely on documentation submitted by the secretary or may set the date for a hearing on the matter. If the secretary requests such finding, the court, not more than 45 days from the date of the request, shall provide the secretary with a written copy of the findings by the court for the purpose of documenting these orders.
History: L. 2006, ch. 200, § 53; L. 2008, ch. 169, § 13; L. 2010, ch. 75, § 13; L. 2011, ch. 91, § 20; L. 2023, ch. 70, § 7; May 4.
History: L. 2006, ch. 200, § 53; L. 2008, ch. 169, § 13; L. 2010, ch. 135, § 48; Repealed, L. 2011, ch. 91, § 41; July 1.
(a) When an emergency exists requiring immediate action to assure the safety and protection of the child or the secretary is notified that the foster parents or shelter facility refuse to allow the child to remain, the secretary may transfer the child to another foster home or shelter facility without prior court approval. The secretary shall notify the court of the action at the earliest practical time. When the child is removed from the home of a parent after having been placed in the home for a period of six months or longer, the secretary shall present to the court in writing the specific nature of the emergency and reasons why it is contrary to the welfare of the child to remain in the placement and request a finding by the court whether remaining in the home is contrary to the welfare of the child. If the court enters an order the court shall make a finding as to whether an emergency exists. The court shall provide the secretary with a copy of the order. In making the finding, the court may rely on documentation submitted by the secretary or may set the date for a hearing on the matter. If the secretary requests such a finding, the court shall provide the secretary with a written copy of the finding by the court not more than 45 days from the date of the request.
(b) The court shall not enter an order approving the removal of a child from the home of a parent pursuant to this section unless the court first finds probable cause that: (1) (A) The child is likely to sustain harm if not immediately removed from the home;
(B) allowing the child to remain in home is contrary to the welfare of the child; or
(C) immediate placement of the child is in the best interest of the child; and
(2) reasonable efforts have been made to maintain the family unit and prevent the unnecessary removal of the child from the child's home or that an emergency exists which threatens the safety to the child.
History: L. 2006, ch. 200, § 54; L. 2008, ch. 169, § 14; July 1.
(a)
Valid court order.
During proceedings under this code, the court may enter an order directing a child who is the subject of the proceedings to remain in a present or future placement if:
(1) The child and the child's guardian ad litem are present in court when the order is entered;
(2) the court finds that the child has been adjudicated a child in need of care pursuant to K.S.A. 38-2202(d)(6), (d)(7), (d)(8), (d)(9), (d)(10) or (d)(12), and amendments thereto, and that the child is not likely to be available within the jurisdiction of the court for future proceedings;
(3) the child and the guardian ad litem receive oral and written notice of the consequences of violation of the order; and
(4) a copy of the written notice is filed in the official case file.
(b)
Application.
Any person may file a verified application for determination that a child has violated an order entered pursuant to subsection (a) and for an order authorizing holding the child in a secure facility. The application shall state the applicant's belief that the child has violated the order entered pursuant to subsection (a) without good cause and the specific facts supporting the allegation.
(c)
Ex parte order.
After reviewing the application filed pursuant to subsection (b), the court may enter an ex parte order directing that the child be taken into custody and held in a secure facility designated by the court, if the court finds probable cause that the child violated the court's order to remain in placement without good cause. Pursuant to K.S.A. 38-2237, and amendments thereto, the order shall be served on the child's parents, the child's legal custodian and the child's guardian ad litem.
(d)
Preliminary hearing.
Within 24 hours following a child's being taken into custody pursuant to an order issued under subsection (c), the court shall hold a preliminary hearing to determine whether the child admits or denies the allegations of the application and, if the child denies the allegations, to determine whether probable cause exists to support the allegations.
(1) Notice of the time and place of the preliminary hearing shall be given orally or in writing to the child's parents, the child's legal custodian and the child's guardian ad litem.
(2) At the hearing, the child shall have the right to a guardian ad litem and shall be served with a copy of the application.
(3) If the child admits the allegations or enters a no contest statement and if the court finds that the admission or no contest statement is knowledgeable and voluntary, the court shall proceed without delay to the placement hearing pursuant to subsection (f).
(4) If the child denies the allegations, the court shall determine whether probable cause exists to hold the child in a secure facility pending an evidentiary hearing pursuant to subsection (e). After hearing the evidence, if the court finds that: (A) There is probable cause to believe that the child has violated an order entered pursuant to subsection (a) without good cause; and (B) placement in a secure facility is necessary for the protection of the child or to assure the presence of the child at the evidentiary hearing pursuant to subsection (e), the court may order the child held in a secure facility pending the evidentiary hearing.
(e)
Evidentiary hearing.
The court shall hold an evidentiary hearing on an application within 72 hours of the child's being taken into custody. Notice of the time and place of the hearing shall be given orally or in writing to the child's parents, the child's legal custodian and the child's guardian ad litem. At the evidentiary hearing, the court shall determine by a clear and convincing evidence whether the child has:
(1) Violated a court order entered pursuant to subsection (a) without good cause;
(2) been provided at the hearing with the rights enumerated in subsection (d)(2); and
(3) been informed of:
(A) The nature and consequences of the proceeding;
(B) the right to confront and cross-examine witnesses and present evidence;
(C) the right to have a transcript or recording of the proceedings; and
(D) the right to appeal.
(f)
Placement.
(1) If the child admits violating the order entered pursuant to subsection (a) or if, after an evidentiary hearing, the court finds that the child has violated such an order, the court shall immediately proceed to a placement hearing. The court may enter an order awarding custody of the child to:
(A) A parent or other legal custodian;
(B) a person other than a parent or other person having custody, who shall not be required to be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility; or
(D) the secretary, if the secretary does not already have legal custody of the child.
(2) The court may authorize the custodian to place the child in a secure facility, if the court determines that all other placement options have been exhausted or are inappropriate, based upon a written report submitted by the secretary, if the child is in the secretary's custody, or submitted by a public agency independent of the court and law enforcement, if the child is in the custody of someone other than the secretary. The report shall detail the behavior of the child and the circumstances under which the child was brought before the court and made subject to the order entered pursuant to subsection (a).
(3) The authorization to place the child in a secure facility pursuant to this subsection shall expire 60 days, inclusive of weekend and legal holidays, after its issue. The court may grant extensions of such authorization for two additional periods, each not to exceed 60 days, upon rehearing pursuant to K.S.A. 38-2256, and amendments thereto.
(g)
Payment.
The secretary shall only pay for placement and services for a child placed in a secure facility pursuant to subsection (f) upon receipt of a valid court order authorizing secure care placement.
(h)
Limitations on facilities used.
Nothing in this section shall authorize placement of a child in an adult jail or lockup.
(i)
Time limits, computation.
Except as otherwise specifically provided by subsection (f), Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible shall not be counted in computing any time limit imposed by this section.
History: L. 2006, ch. 200, § 55; L. 2008, ch. 169, § 15; L. 2010, ch. 11, § 7; L. 2016, ch. 46, § 27; July 1, 2019.
The secretary shall notify the foster parent or kinship caregivers that the foster parent or kinship caregivers have a right to submit a report. Copies of the report shall be available to the parties and interested parties. The report made by foster parents shall be on a form created and provided by the Kansas department for children and families.
History: L. 2006, ch. 200, § 56; L. 2014, ch. 115, § 64; L. 2023, ch. 70, § 8; May 4.
At any hearing under the code, the court, if requested by the child, shall allow the child to address the court, if the child is 10 years of age or older.
History: L. 2006, ch. 200, § 57; L. 2011, ch. 24, § 5; July 1.
(a) The goal of permanency planning is to assure, in so far as is possible, that children have permanency and stability in their living situations and that the continuity of family relationships and connections is preserved. In planning for permanency, the safety and well being of children shall be paramount.
(b) Whenever a child is subject to the jurisdiction of the court pursuant to the code, an initial permanency plan shall be developed for the child and submitted to the court within 30 days of the initial order of the court. If the child is in the custody of the secretary, or the secretary is providing services to the child, the secretary shall prepare the plan. Otherwise, the plan shall be prepared by the person who has custody or, if directed by the court, by a court services officer.
(c) A permanency plan is a written document prepared in consultation with the child, if the child is 14 years of age or older and the child is able, and, where possible, in consultation with the child's parents, and that:
(1) Describes the permanency goal that, if achieved, will most likely give the child a permanent and safe living arrangement;
(2) describes the child's level of physical health, mental and emotional health, and educational functioning;
(3) provides an assessment of the needs of the child and family;
(4) describes the services to be provided the child, the child's parents and the child's foster parents, if appropriate;
(5) includes a description of the tasks and responsibilities designed to achieve the plan and to whom assigned; and
(6) includes measurable objectives and time schedules for achieving the plan.
(d) In addition to the requirements of subsection (c), if the child is in an out of home placement, the permanency plan shall include:
(1) A plan for reintegration of the child's parent or parents or if reintegration is determined not to be a viable alternative, a statement for the basis of that conclusion and a plan for permanency identified in K.S.A. 38-2264(b)(2) through (b)(5), and amendments thereto;
(2) a description of the available placement alternatives;
(3) a justification for the placement selected, including a description of the safety and appropriateness of the placement; and
(4) a description of the programs and services which will help the child prepare to live independently as an adult.
(e) If there is a lack of agreement among persons necessary for the success of the permanency plan, the person or entity having custody of the child shall notify the court which shall set a hearing on the plan.
(f) A permanency plan may be amended at any time upon agreement of the plan participants. If a permanency plan requires amendment which changes the permanency goal, the person or entity having custody of the child shall notify the court which shall set a permanency hearing pursuant to K.S.A. 38-2264 and 38-2265, and amendments thereto.
History: L. 2006, ch. 200, § 58; L. 2016, ch. 102, § 13; L. 2024, ch. 47, § 6; July 1.
(a) A permanency hearing is a proceeding conducted by the court or by a citizen review board for the purpose of determining progress toward accomplishment of a permanency plan as established by K.S.A. 38-2263, and amendments thereto.
(b) The court or a citizen review board shall hear and the court shall determine whether and, if applicable, when the child will be:
(1) Reintegrated with the child's parents;
(2) placed for adoption;
(3) placed with a permanent custodian;
(4) if the child is 16 years of age or older, placed with a SOUL family legal permanency custodian; or
(5) if the child is 16 years of age or older and the secretary has documented compelling reasons why it would not be in the child's best interests for a placement in one of the placements pursuant to paragraphs (1) through (4), placed in another planned permanent living arrangement.
(c) At each permanency hearing, the court shall:
(1) Review with all present parties, including parents and interested parties, the current permanency goal and, on the record, inquire of each party whether each party: (A) Participated in the most recent permanency plan; (B) received a copy of such plan; and (C) has made reasonable efforts to achieve the permanency goal in place at the time of the hearing. If a party did not participate in such plan, the court shall inquire the reasoning for nonparticipation. If a party did not receive a copy of the most recent permanency plan, the court shall order the secretary to provide such party with such copy within two business days of entering such order.
(2) Enter a finding as to whether reasonable efforts have been made by appropriate public or private agencies to rehabilitate the family and achieve the permanency goal in place at the time of the hearing;
(3) enter a finding as to whether the reasonable and prudent parenting standard has been met and whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities. The secretary shall report to the court the steps the secretary is taking to ensure that the child's foster family home or child care institution is following the reasonable and prudent parenting standard and that the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consultation with the child in an age-appropriate manner about the opportunities of the child to participate in the activities; and
(4) if the child is 14 years of age or older, document the efforts made by the secretary to help the child prepare for the transition from custody to a successful adulthood. The secretary shall report to the court the programs and services that are being provided to the child that will help the child prepare for the transition from custody to a successful adulthood.
(d) The requirements of this subsection shall apply only if the permanency goal in place at the time of the hearing is another planned permanent living arrangement as described in subsection (b)(5). At each permanency hearing held with respect to the child, in addition to the requirements of subsection (c), the court shall:
(1) Ask the child, if the child is able, by attendance at the hearing or by report to the court, about the desired permanency outcome for the child;
(2) document the intensive, ongoing and, as of the date of the hearing, unsuccessful permanency efforts made by the secretary to return the child home or secure a placement for the child with a fit and willing relative, a legal custodian or guardian or an adoptive parent. The secretary shall report to the court the intensive, ongoing and, as of the date of the hearing, unsuccessful efforts made by the secretary to return the child home or secure a placement for the child with a fit and willing relative, a legal custodian or guardian or an adoptive parent, including efforts that utilize search technology, including social media, to find biological family members of the child; and
(3) make a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interests of the child to return home, be placed with a fit and willing relative, a legal custodian or guardian or an adoptive parent.
(e) The requirements of this subsection shall apply only if the child is placed in a qualified residential treatment program at the time of the permanency hearing. At each permanency hearing held with respect to the child, in addition to the requirements of subsection (c), the court shall document:
(1) That the ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster family home, that the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, and that the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child;
(2) the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and
(3) the efforts made by the secretary to prepare the child to return home or to be placed with a fit and willing relative, a legal custodian or guardian, an adoptive parent or in a foster family home.
(f) A permanency hearing shall be held within nine months of the date the court authorized the child's removal from the home and not less frequently than every six months thereafter. If the court makes a finding that the requirements of subsection (c)(1), (2) or (3) have not been met, a subsequent permanency hearing shall be held not later than 60 days following the finding.
(g) If the court determines at any time other than during a permanency hearing that reintegration may not be a viable alternative for the child, a permanency hearing shall be held not later than 30 days following that determination.
(h) When the court finds that reintegration continues to be a viable alternative, the court shall determine whether and, if applicable, when the child will be returned to the parent. The court may rescind any of its prior dispositional orders and enter any dispositional order authorized by this code or may order that a new plan for the reintegration be prepared and submitted to the court. If reintegration cannot be accomplished as approved by the court, the court shall be informed and shall schedule a hearing pursuant to this section. No such hearing is required when the parents voluntarily relinquish parental rights or consent to appointment of a permanent custodian or a SOUL family legal permanency custodian.
(i) If the court finds reintegration is no longer a viable alternative, the court shall consider whether: (1) The child is in a stable placement with a relative; (2) services set out in the case plan necessary for the safe return of the child have been made available to the parent with whom reintegration is planned; or (3) compelling reasons are documented in the case plan to support a finding that neither adoption nor appointment of a permanent custodian are in the child's best interests. If reintegration is not a viable alternative and either adoption or appointment of a permanent custodian might be in the best interests of the child, the county or district attorney or the county or district attorney's designee shall file a motion to terminate parental rights or a motion to appoint a permanent custodian within 30 days and the court shall set a hearing on such motion within 90 days of the filing of such motion.
(j) If the court enters an order terminating parental rights to a child, or an agency has accepted a relinquishment pursuant to K.S.A. 59-2124, and amendments thereto, the requirements for permanency hearings shall continue until an adoption or appointment of a permanent custodian or a SOUL family legal permanency custodian has been accomplished and court jurisdiction has been terminated. If the court determines that reasonable efforts or progress have not been made toward finding an adoptive placement or appointment of a permanent custodian or a SOUL family legal permanency custodian or placement with a fit and willing relative, the court may rescind its prior orders and make others regarding custody and adoption that are appropriate under the circumstances. Reports of a proposed adoptive placement need not contain the identity of the proposed adoptive parents.
(k) If permanency with one parent has been achieved without the termination of the other parent's rights, the court may, prior to dismissing the case, enter child custody orders, including residency and parenting time that the court determines to be in the best interests of the child. The court shall complete a parenting plan pursuant to K.S.A. 23-3213, and amendments thereto.
(1) Before entering a custody order under this subsection, the court shall inquire whether a custody order has been entered or is pending in a civil custody case by a court of competent jurisdiction within the state of Kansas.
(2) If a civil custody case has been filed or is pending, a certified copy of the custody, residency and parenting time orders shall be filed in the civil custody case. The court in the civil custody case may, after consultation with the court in the child in need of care case, enter an order declaring that the custody order in the child in need of care case shall become the custody order in the civil custody case.
(3) A district court, on its own motion or upon the motion of any party, may order the consolidation of the child in need of care case with any open civil custody case involving the child and both of the child's parents. Custody, residency and parenting time orders entered in consolidated child in need of care and civil custody cases take precedence over any previous orders affecting both parents and the child that were entered in the civil custody case regarding the same or related issues. Following entry of a custody order in a consolidated case, the court shall dismiss the child in need of care case and, if necessary, return the civil custody case to the original court having jurisdiction over the case.
(4) If no civil custody case has been filed, the court may direct the parties to file a civil custody case and to file the custody orders from the child in need of care case in such civil case. Costs of the civil custody case may be assessed to the parties.
(5) Nothing in this subsection shall operate to expand access to information that is confidential under K.S.A. 38-2209, and amendments thereto, and the confidentiality of such information shall be preserved in all filings in a civil custody case.
(l) When permanency has been achieved to the satisfaction of the court, the court shall enter an order closing the case.
History: L. 2006, ch. 200, § 59; L. 2008, ch. 169, § 16; L. 2010, ch. 75, § 14; L. 2012, ch. 162, § 66; L. 2016, ch. 102, § 14; L. 2019, ch. 43, § 5; L. 2024, ch. 47, § 7; L. 2025, ch. 79, § 2; July 1.
(a) (1) The court shall require notice of the time and place of the permanency hearing be given to the parties and interested parties. The notice shall state that the person receiving the notice shall have the right to be heard at the hearing.
(2) If the child is 14 years of age or older, the court shall require notice of the time and place of the permanency hearing be given to the child. Such notice shall request the child's participation in the hearing by attendance or by report to the court.
(b) The court shall require notice and the right to be heard to the following:
(1) The child's foster parent or parents or permanent custodian providing care for the child;
(2) preadoptive parents for the child, if any;
(3) the child's grandparents at their last known addresses or, if no grandparent is living or if no living grandparent's address is known, to the closest relative of each of the child's parents whose address is known;
(4) the person having custody of the child; and
(5) upon request, by any person having close emotional ties with the child and who is deemed by the court to be essential to the deliberations before the court.
(c) The notices required by subsection (b) shall be given by first class mail, not less than 10 business days before the hearing.
(d) Individuals receiving notice pursuant to subsection (b) shall not be made a party or interested party to the action solely on the basis of this notice and the right to be heard. The right to be heard shall be at a time and in a manner determined by the court and does not confer an entitlement to appear in person at government expense.
(e) The provisions of this section shall not require additional notice to any person otherwise receiving notice of the hearing pursuant to K.S.A. 38-2239, and amendments thereto.
History: L. 2006, ch. 200, § 60; L. 2008, ch. 169, § 17; L. 2016, ch. 102, § 15; July 1.
(a) Either in the original petition filed under this code or in a motion made in an existing proceeding under this code, any party or interested party may request that either or both parents be found unfit and the parental rights of either or both parents be terminated or a permanent custodian or a SOUL family legal permanency custodian be appointed.
(b) Whenever a pleading is filed requesting termination of parental rights or appointment of a permanent custodian or a SOUL family legal permanency custodian, the pleading shall contain a statement of specific facts which are relied upon to support the request, including dates, times and locations to the extent known.
(c) In any case in which a parent of a child cannot be located by the exercise of due diligence, service by publication notice shall be ordered upon the parent.
History: L. 2006, ch. 200, § 61; L. 2024, ch. 47, § 8; July 1.
(a) Upon receiving a petition or motion requesting termination of parental rights or appointment of permanent custodian, the court shall set the time and place for the hearing, which shall be held within 90 days. A continuance shall be granted only if the court finds it is in the best interests of the child. Upon motion of a party, the chief judge shall reassign a petition or motion requesting termination of parental rights from a district magistrate judge to a district judge pursuant to subsection (e) of K.S.A. 20-302b, and amendments thereto.
(b) (1) The court shall give notice of the hearing: (A) To the parties and interested parties, as provided in K.S.A. 38-2236 and 38-2237, and amendments thereto; (B) to all the child's grandparents at their last known addresses or, if no grandparent is living or if no living grandparent's address is known, to the closest relative of each of the child's parents whose address is known; (C) in any case in which a parent of a child cannot be located by the exercise of due diligence, to the parents nearest relative who can be located, if any; and (D) to the foster parents, preadoptive parents or relatives providing care.
(2) This notice shall be given by return receipt delivery not less than 10 business days before the hearing. Individuals receiving notice pursuant to this subsection shall not be made a party or interested party to the action solely on the basis of this notice.
(3) The provisions of this subsection shall not require additional service to any party or interested party who could not be located by the exercise of due diligence in the initial notice of the filing of a petition for a child in need of care.
(c) At the beginning of the hearing the court shall determine that due diligence has been used in determining the identity and location of the persons listed in subsection (b) and in accomplishing service of process.
(d) Prior to a hearing on a petition, a motion requesting termination of parental rights or a motion for appointment of a permanent custodian, the court shall appoint an attorney to represent any parent who fails to appear and may award a reasonable fee to the attorney for services. The fee may be assessed as an expense in the proceedings.
History: L. 2006, ch. 200, § 62; January 1, 2007.
(a) Prior to a hearing to consider the termination of parental rights, if the child's permanency plan is either adoption or appointment of a permanent custodian or a SOUL family legal permanency custodian, with the approval of the guardian ad litem and acceptance and approval of the secretary, either or both parents may: Relinquish parental rights to the child to the secretary; consent to an adoption; or consent to appointment of a permanent custodian or a SOUL family legal permanency custodian.
(b)
Relinquishment of child to secretary.
(1) Any parent or parents may relinquish a child to the secretary, and if the secretary accepts the relinquishment in writing, the secretary shall stand in loco parentis to the child and shall have and possess over the child all rights of a parent, including the power to place the child for adoption and give consent thereto.
(2) All relinquishments to the secretary shall be in writing, in substantial conformity with the form for relinquishment contained in the appendix of forms following K.S.A. 59-2143, and amendments thereto, and shall be executed by either parent of the child.
(3) The relinquishment shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If the relinquishment is acknowledged before a judge of a court of record, it shall be the duty of the court to advise the relinquishing parent of the consequences of the relinquishment.
(4) Except as otherwise provided, in all cases where a parent has relinquished a child to the agency pursuant to K.S.A. 59-2111 through 59-2143, and amendments thereto, all the rights of the parent shall be terminated, including the right to receive notice in a subsequent adoption proceeding involving the child. Upon such relinquishment, all the rights of the parents to such child, including such parent's right to inherit from or through such child, shall cease.
(5) If a parent has relinquished a child to the secretary based on a belief that the child's other parent would relinquish the child to the secretary or would be found unfit, and this does not occur, the rights of the parent who has relinquished a child to the secretary shall not be terminated.
(6) A parent's relinquishment of a child shall not terminate the right of the child to inherit from or through the parent.
(c)
SOUL family legal permanency.
(1) A parent may consent to SOUL family legal permanency pursuant to K.S.A. 2025 Supp. 38-2272a, and amendments thereto. If the individual designated as the SOUL family legal permanency custodian consents to the appointment and such individual is approved by the court, such individual shall have and possesses over the child all the rights and responsibilities of a permanent custodian subject to K.S.A. 2025 Supp. 38-2272a, and amendments thereto.
(2) Each consent to the appointment of a SOUL family legal permanency custodian shall be in writing and executed by either parent or legal guardian of the child.
(d)
Permanent custody.
(1) A parent may consent to appointment of an individual as permanent custodian and if the individual accepts the consent, such individual shall stand in loco parentis to the child and shall have and possess over the child all the rights of a legal guardian.
(2) All consents to appointment of a permanent custodian shall be in writing and shall be executed by either parent of the child.
(3) The consent shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If the consent is acknowledged before a judge of a court of record, it shall be the duty of the court to advise the consenting parent of the consequences of the consent.
(4) If a parent has consented to appointment of a permanent custodian based upon a belief that the child's other parent would so consent or would be found unfit, and this does not occur, the consent shall be null and void.
(e)
Adoption.
If the child is in the custody of the secretary and the parental rights of both parents have been terminated or the parental rights of one parent have been terminated or that parent has relinquished parental rights to the secretary, the child may be adopted by persons approved by the secretary and the court. If the child is no longer in the custody of the secretary, the court may approve adoption of the child by persons who:
(1) Both parents consent to adopt; or
(2) one parent consents to adopt, if the parental rights of the other parent have been terminated. The consent shall follow the form contained in the appendix of forms following K.S.A. 59-2143, and amendments thereto.
History: L. 2006, ch. 200, § 63; L. 2008, ch. 169, § 18; L. 2014, ch. 126, § 5; L. 2018, ch. 107, § 12; L. 2024, ch. 47, § 9; July 1.
(a) When the child has been adjudicated to be a child in need of care, the court may terminate parental rights or appoint a permanent custodian when the court finds by clear and convincing evidence that the parent is unfit by reason of conduct or condition which renders the parent unable to care properly for a child and the conduct or condition is unlikely to change in the foreseeable future.
(b) In making a determination of unfitness the court shall consider, but is not limited to, the following, if applicable:
(1) Emotional illness, mental illness, mental deficiency or physical disability of the parent, of such duration or nature as to render the parent unable to care for the ongoing physical, mental and emotional needs of the child;
(2) conduct toward a child of a physically, emotionally or sexually cruel or abusive nature;
(3) the use of intoxicating liquors or narcotic or dangerous drugs of such duration or nature as to render the parent unable to care for the ongoing physical, mental or emotional needs of the child;
(4) physical, mental or emotional abuse or neglect or sexual abuse of a child;
(5) conviction of a felony and imprisonment;
(6) unexplained injury or death of another child or stepchild of the parent or any child in the care of the parent at the time of injury or death;
(7) failure of reasonable efforts made by appropriate public or private agencies to rehabilitate the family;
(8) lack of effort on the part of the parent to adjust the parent's circumstances, conduct or conditions to meet the needs of the child; and
(9) whether, as a result of the actions or inactions attributable to the parent and one or more of the factors listed in subsection (c) apply, the child has been in the custody of the secretary and placed with neither parent for 15 of the most recent 22 months beginning 60 days after the date on which a child in the secretary's custody was removed from the child's home.
(c) In addition to the foregoing, when a child is not in the physical custody of a parent, the court, shall consider, but is not limited to, the following:
(1) Failure to assure care of the child in the parental home when able to do so;
(2) failure to maintain regular visitation, contact or communication with the child or with the custodian of the child;
(3) failure to carry out a reasonable plan approved by the court directed toward the integration of the child into a parental home; and
(4) failure to pay a reasonable portion of the cost of substitute physical care and maintenance based on ability to pay.
In making the above determination, the court may disregard incidental visitations, contacts, communications or contributions.
(d) A finding of unfitness may be made as provided in this section if the court finds that the parents have abandoned the child, the custody of the child was surrendered pursuant to K.S.A. 38-2282, and amendments thereto, or the child was left under such circumstances that the identity of the parents is unknown and cannot be ascertained, despite diligent searching, and the parents have not come forward to claim the child within three months after the child is found.
(e) If a person is convicted of a felony in which sexual intercourse occurred, or if a juvenile is adjudicated a juvenile offender because of an act which, if committed by an adult, would be a felony in which sexual intercourse occurred, and as a result of the sexual intercourse, a child is conceived, a finding of unfitness may be made.
(f) The existence of any one of the above factors standing alone may, but does not necessarily, establish grounds for termination of parental rights.
(g) (1) If the court makes a finding of unfitness, the court shall consider whether termination of parental rights as requested in the petition or motion is in the best interests of the child. In making the determination, the court shall give primary consideration to the physical, mental and emotional health of the child. If the physical, mental or emotional needs of the child would best be served by termination of parental rights, the court shall so order. A termination of parental rights under the code shall not terminate the right of a child to inherit from or through a parent. Upon such termination all rights of the parent to such child, including, such parent's right to inherit from or through such child, shall cease.
(2) If the court terminates parental rights, the court may authorize adoption pursuant to K.S.A. 38-2270, and amendments thereto, appointment of a permanent custodian pursuant to K.S.A. 38-2272, and amendments thereto, or continued permanency planning.
(3) If the court does not terminate parental rights, the court may authorize appointment of a permanent custodian pursuant to K.S.A. 38-2272, and amendments thereto, or continued permanency planning.
(h) If a parent is convicted of an offense as provided in K.S.A. 38-2271(a)(7), and amendments thereto, or is adjudicated a juvenile offender because of an act which if committed by an adult would be an offense as provided in K.S.A. 38-2271(a)(7), and amendments thereto, and if the victim was the other parent of a child, the court may disregard such convicted or adjudicated parent's opinions or wishes in regard to the placement of such child.
(i) A record shall be made of the proceedings.
(j) When adoption, proceedings to appoint a permanent custodian or continued permanency planning has been authorized, the person or agency awarded custody of the child shall within 30 days submit a written plan for permanent placement which shall include measurable objectives and time schedules.
History: L. 2006, ch. 200, § 64; L. 2008, ch. 169, § 19; L. 2018, ch. 107, § 13; July 1.
(a) When parental rights have been terminated and it appears that adoption is a viable alternative, the court shall enter one of the following orders:
(1) An order granting custody of the child, for adoption proceedings, to the secretary or a corporation organized under the laws of the state of Kansas authorized to care for and surrender children for adoption as provided in K.S.A. 38-112 et seq., and amendments thereto. The person, secretary or corporation shall have authority to place the child in a family home, and give consent for the legal adoption of the child which shall be the only consent required to authorize the entry of an order or decree of adoption.
(2) An order granting custody of the child to proposed adoptive parents and consenting to the adoption of the child by the proposed adoptive parents.
(b) In making an order under subsection (a), the court shall give preference, to the extent that the court finds it is in the best interests of the child, first to granting such custody for adoption to a relative of the child and second to granting such custody to a person with whom the child has close emotional ties.
(c)
Discharge upon adoption.
When an adoption decree has been filed with the court in the child in need of care case, the secretary's custody shall cease, the court's jurisdiction over the child shall cease and the court shall enter an order to that effect.
History: L. 2006, ch. 200, § 65; January 1, 2007.
(a) It is presumed in the manner provided in K.S.A. 60-414, and amendments thereto, that a parent is unfit by reason of conduct or condition which renders the parent unable to fully care for a child, if the state establishes, by clear and convincing evidence, that:
(1) A parent has previously been found to be an unfit parent in proceedings under K.S.A. 38-2266 et seq., and amendments thereto, or comparable proceedings under the laws of another jurisdiction;
(2) a parent has twice before been convicted of a crime specified in article 34, 35, or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or articles 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6418 through 21-6421, and amendments thereto, or comparable offenses under the laws of another jurisdiction, or an attempt or attempts to commit such crimes and the victim was under the age of 18 years;
(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 as defined by K.S.A. 38-2202(d)(1), (d)(3), (d)(5) or (d)(11), and amendments thereto, or comparable proceedings under the laws of another jurisdiction;
(4) the parent has been convicted of causing the death of another child or stepchild of the parent;
(5) the child has been in an out-of-home placement, under court order for a cumulative total period of one year or longer and the parent has substantially neglected or willfully refused to carry out a reasonable plan, approved by the court, directed toward reintegration of the child into the parental home;
(6) (A) the child has been in an out-of-home placement, under court order for a cumulative total period of two years or longer; (B) the parent has failed to carry out a reasonable plan, approved by the court, directed toward reintegration of the child into the parental home; and (C) there is a substantial probability that the parent will not carry out such plan in the near future;
(7) a parent has been convicted of capital murder, K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and amendments thereto, murder in the first degree, K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and amendments thereto, murder in the second degree, K.S.A. 21-3402, prior to its repeal, or K.S.A. 21-5403, and amendments thereto, voluntary manslaughter, K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and amendments thereto, human trafficking or aggravated human trafficking, K.S.A. 21-3446 or 21-3447, prior to their repeal, or K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, K.S.A. 21-6422, and amendments thereto, or comparable proceedings under the laws of another jurisdiction or, has been adjudicated a juvenile offender because of an act which if committed by an adult would be an offense as provided in this subsection, and the victim of such murder was the other parent of the child;
(8) a parent abandoned or neglected the child after having knowledge of the child's birth or either parent has been granted immunity from prosecution for abandonment of the child under K.S.A. 21-3604(b), prior to its repeal, or K.S.A. 21-5605(d), and amendments thereto; or
(9) a parent has made no reasonable efforts to support or communicate with the child after having knowledge of the child's birth;
(10) a father, after having knowledge of the pregnancy, failed without reasonable cause to provide support for the mother during the six months prior to the child's birth;
(11) a father abandoned the mother after having knowledge of the pregnancy;
(12) a parent has been convicted of rape, K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto, or comparable proceedings under the laws of another jurisdiction resulting in the conception of the child; or
(13) a parent has failed or refused to assume the duties of a parent for two consecutive years next preceding the filing of the petition. In making this determination the court may disregard incidental visitations, contacts, communications or contributions.
(b) The burden of proof is on the parent to rebut the presumption of unfitness by a preponderance of the evidence. In the absence of proof that the parent is presently fit and able to care for the child or that the parent will be fit and able to care for the child in the foreseeable future, the court shall terminate parental rights in proceedings pursuant to K.S.A. 38-2266 et seq., and amendments thereto.
History: L. 2006, ch. 200, § 66; L. 2011, ch. 30, § 157; L. 2015, ch. 94, § 13; July 1.
(a) A permanent custodian may be appointed:
(1) With the consent and agreement of the parents and approval by the court;
(2) after a finding of unfitness pursuant to K.S.A. 38-2269, and amendments thereto; or
(3) after termination of parental rights pursuant to K.S.A. 38-2270, and amendments thereto.
(b) Upon the appointment of a permanent custodian, the secretary's custody of the child shall cease. The court's jurisdiction over the child shall continue unless the court enters an order terminating jurisdiction.
(c) Subject to subsection (d), a permanent custodian shall stand in loco parentis and shall exercise all of the rights and responsibilities of a parent except the permanent custodian shall not:
(1) Consent to an adoption of the child; and
(2) be subject to court ordered child support or medical support.
(d) When the court retains jurisdiction after appointment of a permanent custodian, the court, in its order, may impose limitations or conditions upon the rights and responsibilities of the permanent custodian including, but not limited to, the right to:
(1) Determine contact with the biological parent;
(2) consent to marriage;
(3) consent to psychosurgery, removal of a bodily organ or amputation of a limb;
(4) consent to sterilization;
(5) consent to behavioral and medical experiments;
(6) consent to withholding life-prolonging medical treatment;
(7) consent to placement in a treatment facility; or
(8) consent to placement in a psychiatric hospital or an institution for the developmentally disabled.
(e) Absent a judicial finding of unfitness or court-ordered limitations pursuant to subsection (d), a permanent custodian may share parental responsibilities with a parent of the child as the permanent custodian determines is in the child's best interests. Sharing parental responsibilities does not relieve the permanent custodian of legal responsibility for the child.
(f) Parental consent to appointment of a permanent custodian shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If the consent is acknowledged before a judge of a court of record, it shall be the duty of the court before which the consent is acknowledged to advise the consenting parent of the consequences of the consent, including the following:
(1) Do you understand that your parental rights are not being terminated and you can be ordered to pay child support and medical support for your child?
(2) Do you understand that to get the rights you still have with your child, you must keep the court up to date about how to contact you? This means that the court needs to always have your current address and telephone number.
(3) Do you understand that if your child is ever placed for adoption, the court will try to let you know by using the information you have given them? If your address and telephone number are not up to date, you might not know your child is placed for adoption.
(4) Do you understand that if you want information about your child's health or education, you will have to keep the information you give the court about where you are up to date because the information will be sent to the latest address the court has?
(5) Do you understand that you may be able to have some contact with your child, but only if the permanent custodian decides it is in the child's best interests and if the court allows the contact?
(6) Do you understand that unless the court orders differently, the permanent custodian has the right to make the following decisions about your child: The amount and type of contact you have with the child; consent to your child's marriage; consent to medical treatment; consent to mental health treatment; consent to placement in a psychiatric hospital or an institution for the developmentally disabled; consent to behavioral and medical experiments; consent to sterilization and consent to withholding life-prolonging medical treatment?
(g) (1) A consent is final when executed, unless the parent whose consent is at issue, prior to issuance of the order appointing a permanent custodian, proves by clear and convincing evidence that the consent was not freely and voluntarily given. The burden of proving the consent was not freely and voluntarily given shall rest with that parent.
(2) If a parent has consented to appointment of a permanent custodian based upon a belief that the child's other parent would so consent or would be found unfit, and this does not occur, the consent shall be null and void.
(h) If a permanent custodian is appointed after a judicial finding of parental unfitness without a termination of parental rights, the parent shall retain only the following rights and responsibilities:
(1) The obligation to pay child support and medical support; and
(2) the right to inherit from the child.
(3) The right to consent to adoption of the child. All other parental rights transfer to the permanent custodian.
(i) If a permanent custodian is appointed after termination of parental rights, the parent retains no right or responsibilities to the child.
(j) Prior to appointing a permanent custodian, the court shall receive and consider an assessment of any potential permanent custodian as provided in K.S.A. 59-2132, and amendments thereto. In making an order appointing a permanent custodian the court shall give preference, to the extent that the court finds it in the child's best interests, to first appointing a permanent custodian who is a relative of the child or second a person with whom the child has close emotional ties.
(k) If permanent custodians are divorced, such custodian's marriage is annulled or the court orders separate maintenance, the court in that case has jurisdiction to make custody determinations between the permanent custodians.
History: L. 2006, ch. 200, § 67; L. 2010, ch. 75, § 15; July 1.
(a) SOUL family legal permanency may be appointed with:
(1) Agreement and approval of a child 16 years of age or older;
(2) agreement and consent of the child's parent unless there has been a finding of unfitness or termination of parental rights and parental consent is no longer required; and
(3) approval of the court set forth in a court order.
(b) The court may order SOUL family legal permanency:
(1) After a finding of unfitness pursuant to K.S.A. 38-2269, and amendments thereto;
(2) after termination of parental rights pursuant to K.S.A. 38-2270, and amendments thereto; or
(3) when determined by the court to be in the best interests of a child 16 years of age or older and the requirements of subsection (a) are met.
(c) Prior to submitting SOUL family legal permanency for appointment by the court, the secretary for children and families shall:
(1) Observe the child in the home of the potential SOUL family legal permanency custodian with whom the child will reside and determine the ability and suitability of the potential custodian to care for the child;
(2) determine whether the names of any potential SOUL family legal permanency custodians appear on the Kansas department for children and families child abuse and neglect registry and whether any potential custodians have been convicted of crimes specified in K.S.A. 59-2132(e), and amendments thereto;
(3) consider, to the extent the secretary determines the appointment to be in the best interests of the child, appointing a relative or an individual with whom the child has close emotional ties; and
(4) submit a report to the court containing determinations required by this subsection.
(d) Prior to ordering SOUL family legal permanency, the court shall review and consider:
(1) The report submitted by the secretary pursuant to subsection (c); and
(2) information provided by the secretary related to benefits, including, but not limited to, financial support, medical coverage and educational support, if SOUL family legal permanency is established by the court.
(e) The court shall ensure the child has access to the maximum allowable benefits available under other permanency options pursuant to K.S.A. 38-2264, and amendments thereto.
(f) When appointing SOUL family legal permanency, the court shall consider, to the extent the court finds it is in the child's best interest, appointing a relative or an individual with whom the child has close emotional ties. If the court appoints more than one individual as a SOUL family legal permanency custodian, the child and the individual may be unrelated.
(g) Upon the establishment of SOUL family legal permanency, the secretary's custody of the child shall cease. The court's jurisdiction over the child shall continue unless the court enters an order terminating jurisdiction pursuant to K.S.A. 38-2203, and amendments thereto, and this section.
(h) If there is more than one SOUL family legal permanency custodian, one individual shall be designated as primary custodian by the court with the approval of the child and the individual to serve in such role. If a dispute arises between the child and the SOUL family legal permanency custodian or between custodians, the primary custodian shall consider information provided by the child and other SOUL family legal permanency custodians for possible resolution of a dispute. If a dispute remains unresolved prior to the child reaching 18 years of age, or June 1 of the school year during which the child became 18 years of age if the child is still attending high school, subsequent to the filing of a motion by the child or SOUL family legal permanency custodian, the court may consider such motion and may order alternative dispute resolution. If the court has previously terminated jurisdiction pursuant to K.S.A. 38-2203, and amendments thereto, or this section, the court may reinstate the child's case to consider such motion.
(i) Subject to subsection (j), a SOUL family legal permanency custodian shall stand in loco parentis to the child and exercise all of the rights and responsibilities of a parent, except that such custodian shall not:
(1) Consent to an adoption of the child; or
(2) be subject to court-ordered child support or medical support for the child.
(j) The court, upon motion of parties or interested parties or its own motion, may impose limitations or conditions upon the rights and responsibilities of the SOUL family legal permanency as determined by the court to be in the best interests of the child.
(k) Absent a judicial finding of unfitness or court-ordered limitations pursuant to subsection (i), a SOUL family legal permanency custodian may share parental responsibilities with a parent of the child if the SOUL family legal permanency custodian determines sharing of parental responsibilities is in the best interests of the child. Sharing parental responsibilities does not relieve the SOUL family legal permanency custodian of legal responsibility.
(l) When parental consent is required for the appointment of SOUL family legal permanency, the consent shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If the consent is acknowledged before a judge of a court of record, it shall be the duty of the court before that consent is acknowledged to advise the consenting parent of the consequences of the consent, including the following:
(1) Do you understand that your parental rights are not being terminated by the order establishing SOUL family legal permanency and you can be ordered to pay child support and medical support for your child?
(2) Do you understand that to exercise the rights you still have with your child, you must keep the court up to date about how to contact you? This means that the court needs to always have your current address and telephone number.
(3) Do you understand that if you want information about your child's health or education, you will have to keep the information you give the court about where you are up to date because the information about your child will be sent to the last known address the court has?
(4) Do you understand that you may be able to have some contact with your child, but only if the SOUL family legal permanency custodian decides it is in the best interests of the child and if the court allows the contact?
(5) Do you understand that unless the court orders differently, the SOUL family legal permanency custodian has the right to make decisions about day-to-day care of your child?
(m) A parental consent is final when executed, unless the parent whose consent is at issue, prior to issuance of the order appointing a SOUL family legal permanency custodian, proves by clear and convincing evidence that the consent was not freely and voluntarily given. The burden of proving the consent was not freely and voluntarily given shall rest with that parent.
(n) If a parent has consented to appointment of a SOUL family legal permanency based upon a belief that the child's other parent would so consent or be found unfit, and such other parent does not consent, the consent shall be null and void.
(o) If a SOUL family legal permanency custodian is ordered after a judicial finding of parental unfitness without a termination of parental rights, all parental rights transfer to the SOUL family legal permanency, except for:
(1) The obligation to pay child support and medical support;
(2) the right to inherit from the child; and
(3) the right to consent to adoption of the child.
(p) If SOUL family legal permanency is ordered after termination of parental rights, the parent retains no rights or responsibilities to the child pursuant to the termination by the court.
(q) The court may recognize other individuals in addition to the individuals appointed by the court as the child's SOUL family legal permanency custodian, who shall testify to the court, with request and approval by the child, that they will provide support as requested by and agreed upon with the child and the SOUL family legal permanency custodian. Such other individuals shall have no legal obligations or rights related to the child pursuant to the court's recognition as set out in this subsection.
(r) All SOUL family legal permanency custodians acting in such capacity shall execute sworn documents related to the appointment confirming the custodian's willingness to serve as a SOUL family legal permanency custodian and an order of the court. Such documents shall be filed with the court.
(s) If SOUL family legal permanency custodians are married to each other and, subsequent to the SOUL family legal permanency appointment, are divorced, the marriage is annulled or the court orders separate maintenance, the court shall make custody determinations between the SOUL family legal permanency custodians.
(t) A SOUL family legal permanency custodian shall consider whether the custodian will provide any rights of inheritance to the child and medical power of attorney for the child for whom they were appointed a SOUL family legal permanency custodian and separately execute such agreements.
History: L. 2024, ch. 47, § 1; July 1.
(a) An appeal may be taken by any party or interested party from any order of temporary custody, adjudication, disposition, finding of unfitness or termination of parental rights.
(b) An appeal from an order entered by a district magistrate judge who is not regularly admitted to practice law in Kansas shall be to a district judge. The appeal shall be heard on the basis of the record within 30 days from the date the notice of appeal is filed. If no record was made of the proceedings, the trial shall be de novo.
(c) Procedure on appeal shall be governed by article 21 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
(d) Notwithstanding any other provision of law to the contrary, appeals under this section shall have priority over all other cases.
(e) Every notice of appeal, docketing statement and brief shall be verified by the appellant if the appellant has been personally served at any time during the proceedings. Failure to have the required verification shall result in the dismissal of the appeal.
(f) While a case is on appeal from the district court, the district court or magistrate court shall continue to have jurisdiction over all issues not specifically appealed and shall conduct timely permanency hearings.
History: L. 2006, ch. 200, § 68; L. 2010, ch. 75, § 16; L. 2014, ch. 71, § 4; July 1.
(a) Pending the determination of the appeal, any order appealed from shall continue in force unless modified by temporary orders as provided in subsection (b).
(b) The court on appeal, pending a hearing, may modify the order appealed from and may make any temporary orders concerning the care and custody of the child that the court considers advisable.
History: L. 2006, ch. 200, § 69; January 1, 2007.
(a) When an appeal is taken pursuant to this code, fees if the guardian ad litem or of an attorney appointed to represent a parent shall be fixed by the district court. The fees, together with the costs of transcripts and records on appeal, shall be taxed as expenses on appeal. The court on appeal may assess the fees and expenses against a party or interested party or order that they be paid from the general fund of the county.
(b) When the court orders the fees and expenses assessed against a party or interested party, such fees shall be paid from the county general fund, subject to reimbursement by the party or interested party against whom the fees were assessed. The county may enforce the order as a civil judgment, except the county shall not be required to pay the docket fee or fee for execution.
History: L. 2006, ch. 200, § 70; January 1, 2007.
No child under 18 years of age shall be detained or placed in any jail pursuant to the code.
History: L. 2006, ch. 200, § 71; January 1, 2007.
(a) In determining the amount of a child support order under the code, the court shall apply the Kansas child support guidelines adopted pursuant to K.S.A. 20-165, and amendments thereto.
(b) If the appropriate amount of support under the Kansas child support guidelines cannot be determined because any necessary fact is not proven by evidence or by stipulation of the appropriate parent, the court shall apply one or more of the following presumptions:
(1) Both parents have only gross earned income equal to 40 hours per week at the federal minimum wage then in effect;
(2) neither parent's income is subject to adjustment for any reason;
(3) the number of children is as alleged in the petition;
(4) the age of each child is as alleged in the petition or, if unknown, is between seven and 15 years;
(5) no adjustment for child care, health or dental insurance or income tax exemption is appropriate; or
(6) neither parent is entitled to any other credit or adjustment.
(c) If the county or district attorney determines that: (1) A parent will contest the amount of support resulting from application of the guidelines; (2) the parent is or may be entitled to an adjustment pursuant to the guidelines; and (3) it is in the child's best interests to resolve the support issue promptly and with minimal hostility, the county or district attorney may enter into a stipulation with the parent as to the amount of child support for that parent. The amount of support may be based upon one or more of the presumptions in subsection (b). Except for good cause or as otherwise provided in K.S.A. 38-2279, and amendments thereto, a stipulation under this subsection shall be binding upon the court and all parties or interested parties. The criteria for application of this subsection shall be incorporated into the journal entry or judgment form.
History: L. 2006, ch. 200, § 72; January 1, 2007.
When child support is ordered pursuant to the code, a separate journal entry or judgment form shall be made for each parent ordered to pay child support. The journal entry or judgment form shall be entitled:
"In the matter of
(obligee's name)
and
(obligor's name)
"
and shall contain no reference to the privileged official file or social file in the case except the facts necessary to establish personal jurisdiction over the parent, the name and date of birth of each child, and findings of fact and conclusions of law directly related to the child support obligation. If the court issues an income withholding order for the parent, it shall be captioned in the same manner.
History: L. 2006, ch. 200, § 73; January 1, 2007.
(a) A person entitled to receive child support under an order issued pursuant to the code may file with the clerk of the district court in the county in which the judgment was rendered the original child support order and the original income withholding order, if any. If the original child support or income withholding order is unavailable for any reason, a certified or authenticated copy of the order may be substituted. The clerk of the district court shall number the child support order as a case filed under chapter 60 of the Kansas Statutes Annotated, and amendments thereto, and enter the numbering of the case on the appearance docket of the case. Registration of a child support order under this section shall be without cost or docket fee.
(b) If the number assigned to a case under the code appears in the caption of a document filed pursuant to this section, the clerk of the district court may obliterate that number and replace it with the new case number assigned pursuant to this section.
(c) The filing of the child support order shall constitute registration under this section. Upon registration of the child support order, all matters related to that order, including, but not limited to, modification of the order, shall proceed under the new case number except as otherwise provided in this section. Registration of a child support order under this section does not confer jurisdiction in the registration case for custody, residency or parenting time issues.
(d) The person registering a child support order shall serve a copy of the registered child support order and income withholding order, if any, upon the party or interested parties by first-class mail. The person registering the child support order shall file, in the official file for each child affected, either a copy of the registered order showing the new case number or a statement that includes the caption, new case number and date of registration of the child support order.
(e) If the secretary is entitled to receive payment under an order which may be registered under this section, the county or district attorney shall take the actions permitted or required in subsections (a) and (d) upon request of the secretary.
(f) A child support order registered pursuant to this section shall have the same force and effect as an original child support order entered under chapter 60 of the Kansas Statutes Annotated, and amendments thereto, including, but not limited to:
(1) The registered order shall become a lien on the real estate of the judgment debtor in the county from the date of registration;
(2) execution or other action to enforce the registered order may be had from the date of registration;
(3) the registered order may itself be registered pursuant to any law, including, but not limited to, the uniform interstate family support act, K.S.A. 23-9,101 et seq., and amendments thereto; and
(4) if any installment of support due under the registered order becomes a dormant judgment, it may be revived pursuant to K.S.A. 60-2404, and amendments thereto.
(g) Subject to the provisions of K.S.A. 23-9,207, and amendments thereto, the court in the registration case shall have continuing jurisdiction over the child support action and the parties thereto and subject matter and, except as otherwise provided in subsection (h) or (i), may modify any prior support order if a material change in circumstances is shown irrespective of the present domicile of the child or parents. If more than three years have passed since the date of the original support order or the most recent modification order, a material change in circumstances need not be shown. The court may make a modification of child support retroactive to a date at least one month after the date that the motion to modify was filed with the court.
(h) At the direction of the judge in the child in need of care case, the registration case may be consolidated with the child in need of care case pursuant to the code of civil procedure so long as the child in need of care case is open. While the cases are consolidated, any motion to modify the registered support order shall be filed in the child in need of care case. If any support rights are assigned, the assignee shall be treated as an interested party in the consolidated cases for all proceedings involving the support order. Nothing in this subsection shall be construed to prevent or limit enforcement of the support order.
(i) If the person requesting modification of current support shows that the support order was based upon one or more of the presumptions provided in K.S.A. 38-2277, and amendments thereto, or upon a stipulation pursuant to subsection (c) of K.S.A. 38-2277, and amendments thereto, the court shall apply the Kansas child support guidelines adopted pursuant to K.S.A. 20-165, and amendments thereto, without requiring a showing that a material change of circumstances has occurred, without regard to any previous presumption or stipulation used to determine the amount of the child support order and irrespective of the present domicile of the child or parents.
History: L. 2006, ch. 200, § 74; L. 2010, ch. 75, § 17; July 1.
The remedies provided in this code with respect to child support are in addition to and not in substitution for any other remedy.
History: L. 2006, ch. 200, § 75; January 1, 2007.
There is hereby established in the state treasury the family services and community intervention fund which shall be administered by the secretary. The secretary may accept money from any source for the purposes for which money in the family services and community intervention fund may be expended. Moneys received shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the family services and community intervention fund. All moneys in the family services and community intervention fund shall be used for the purpose of assisting state, county or local governments or political subdivisions thereof or community agencies to provide services, intervention and support services to children alleged or adjudged to be a child in need of care, especially those youth at risk because of such child's own actions or behaviors and not due to abuse or neglect by a parent, guardian or other person responsible for such child's care. The purpose of the family services and community intervention fund shall be to enhance the ability of families and children to resolve problems within the family and community by the collaboration of governmental and local service providers that might otherwise result in a child becoming subject to the jurisdiction of the court. All expenditures from the family services and community intervention fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary.
History: L. 2006, ch. 200, § 76; January 1, 2007.
(a) This section shall be known and may be cited as the newborn infant protection act. The purpose of this section is to protect newborn children from injury and death caused by abandonment by a parent and to provide safe and secure alternatives to such abandonment. This section shall not abridge the rights or obligations created by the Indian child welfare act of 1978, 25 U.S.C. § 1901 et seq.
(b) As used in this section:
(1) "Newborn safety device" means a container designed to safely accept delivery of an infant and that is:
(A) Voluntarily installed in a facility described in subsection (c)(1)(A) that is staffed 24 hours per day by an employee of such facility or has a dual alarm system that will dispatch first responders when all employees of the facility are unavailable;
(B) located on a structural wall in an area that is conspicous and visible to employees of the facility described in subsection (c)(1)(A);
(C) equipped with an automatic lock that would restrict access to the device from the outside of the facility described in subsection (c)(1)(A) when an infant is placed inside the device;
(D) equipped with a temperature control; and
(E) equipped with an alarm system described in subsection (c)(3) that is triggered by an infant being placed inside the device;
(2) "non-relinquishing parent" means the biological parent of an infant who does not surrender the infant in accordance with this section; and
(3) "relinquishing parent" means the biological parent or person having legal custody of an infant who surrenders the infant in accordance with this section.
(c) (1) A person purporting to be an infant's parent or other person having lawful custody of an infant who is not more than 60 days old and who has not suffered great bodily harm as determined by a person licensed to practice medicine and surgery, advanced practice registered nurse or licensed physician assistant may surrender physical custody of the infant to either:
(A) An employee who is on duty at a police station, sheriff's office, law enforcement center, fire station, city or county health department or medical care facility as defined by K.S.A. 65-425, and amendments thereto. Such employee shall, without a court order, take physical custody of an infant surrendered pursuant to this section; or
(B) a newborn safety device installed at a facility described in subparagraph (A). An employee of such facility shall, without a court order, take physical custody of an infant surrendered pursuant to this section.
(2) A relinquishing parent voluntarily surrendering an infant under this subsection shall not be required to reveal personally identifiable information, but may be offered the opportunity to provide information concerning the infant's familial or medical history or information described in subsection (k).
(3) A facility described in this subsection that installs a newborn safety device shall install a dual alarm system connected to the physical location of the device. Such dual alarm system shall be tested at least once per week and visually checked at least twice per day to ensure such alarm is in working order.
(d) An employee of a facility described in subsection (c)(1)(A) to whom an infant is delivered pursuant to this section shall not reveal the name or other personally identifiable information of the person who delivered the infant unless there is a reasonable suspicion that the infant has suffered great bodily harm or such information is required pursuant to subsection (k), and such facility and its employees shall be immune from administrative, civil or criminal liability for any action taken pursuant to this subsection. Such immunity shall not extend to any acts or omissions, including negligent or intentional acts or omissions, occurring after the acceptance of the infant.
(e) If an infant is delivered pursuant to this section to a facility described in subsection (c)(1)(A) that is not a medical care facility, the employee of such facility who takes physical custody of the infant shall arrange for the immediate transportation of the infant to the nearest medical care facility as defined by K.S.A. 65-425, and amendments thereto. The medical care facility, its employees, agents and medical staff shall perform treatment in accordance with the prevailing standard of care as necessary to protect the physical health and safety of the infant and shall be immune from administrative, civil and criminal liability for treatment performed consistent with such standard.
(f) As soon as possible after an employee of a facility described in subsection (c)(1)(A) takes physical custody of an infant without a court order pursuant to this section, such employee shall notify a local law enforcement agency that the employee has taken physical custody of an infant pursuant to this section. Upon receipt of such notice a law enforcement officer from such law enforcement agency shall take custody of the infant as an abandoned infant. The law enforcement agency shall report the surrender of the infant to the secretary and deliver the infant to a facility or person designated by the secretary pursuant to K.S.A. 38-2232, and amendments thereto.
(g) Any person, city or county or agency thereof or medical care facility taking physical custody of an infant surrendered pursuant to this section shall perform any act necessary to protect the physical health or safety of the infant, and shall be immune from liability for any injury to the infant that may result therefrom.
(h) (1) A relinquishing parent shall be immune from civil or criminal liability if:
(A) The relinquishing parent voluntarily delivered the infant safely to either:
(i) The physical custody of an employee at a facility described in subsection (c)(1)(A); or
(ii) a newborn safety device installed at a facility described in subsection (c)(1)(B); and
(B) the infant was not more than 60 days old and has not suffered great bodily harm as determined by a person licensed to practice medicine and surgery, advanced practice registered nurse or licensed physician assistant.
(2) The relinquishing parent's voluntary delivery of an infant in accordance with this section shall constitute the parent's implied consent to the adoption of such infant and a voluntary relinquishment of such parent's parental rights.
(i) (1) In any termination of parental rights proceeding initiated after the relinquishment of an infant pursuant to this section, the state shall publish notice pursuant to chapter 60 of the Kansas Statutes Annotated, and amendments thereto, that an infant has been relinquished, including the sex of the infant and the date and location of such relinquishment. Within 30 days after publication of such notice, a non-relinquishing parent seeking to establish parental rights shall notify the court where the termination of parental rights proceeding is filed and state such parent's intentions regarding the infant. The court shall initiate proceedings to establish parentage if no person notifies the court within 30 days. When such person is seeking to establish parental rights, the court shall require the person, at the person's expense, to submit to a genetic test to verify that the person is the biological parent of the child. There shall be an examination of the putative father registry to determine whether attempts have previously been made to preserve parental rights to the infant. If such attempts have been made, the state shall make reasonable efforts to provide notice of the abandonment of the infant to such putative father.
(2) If a relinquishing parent of an infant relinquishes custody of the infant in accordance with this section, to preserve the parental rights of the non-relinquishing parent, the non-relinquishing parent shall take the steps necessary to establish parentage within 30 days after the published notice or specific notice provided in paragraph (1).
(3) If a non-relinquishing parent fails to take the steps necessary to establish parentage within the 30-day period specified in paragraph (2), the non-relinquishing parent may have all of such parent's rights terminated with respect to the child.
(4) If a non-relinquishing parent inquires at a facility described in subsection (c)(1)(A) regarding an infant whose custody was relinquished pursuant to this section, such facility shall refer the non-relinquishing parent to the Kansas department for children and families and the court exercising jurisdiction over the child.
(j) Upon request, all medical records of the infant shall be made available to the Kansas department for children and families and given to the person awarded custody of such infant. The medical facility providing such records shall be immune from liability for such release of records.
(k) An employee of a facility described in subsection (c)(1)(A) shall ask the person surrendering an infant whether such infant or either biological parent is a member of or eligible for membership in a federally recognized Indian tribe and the identity of any such tribe or tribes. Any facility maintaining a newborn safety device shall provide the means for the person surrendering an infant to indicate whether such infant or either biological parent is a member of or eligible for membership in a federally recognized tribe or tribes. An employee of a facility taking custody of an infant pursuant to section (c)(1) shall provide to the secretary all information received pursuant to this subsection. The secretary shall provide such information to the court with jurisdiction over the infant.
(l) (1) A facility described in subsection (c)(1)(A) that receives an infant surrendered under this section shall make available, if possible, information to the relinquishing parent, but such parent shall not be required to accept such information.
(2) Such information to be made available shall include:
(A) A notice stating that 60 days after the surrender of the infant to the facility, the secretary shall commence proceedings for termination of parental rights and placement of the infant for adoption;
(B) a list of providers that provide counseling services on grief, pregnancy and adoption or other placement or care regarding an infant;
(C) a copy of this statute, the rights of birth parents, a questionnaire that a birth parent may answer questions about the medical or background information of the child and any information required by subsection (k); and
(D) a brochure on postpartum health.
(3) The form and manner of the information under this subsection shall be prescribed by the secretary. The secretary shall maintain the questionnaire under paragraph (2)(C) on a public website.
(m) Except as otherwise provided by law, the following individuals shall not disclose any information concerning the relinquishment of the infant and individuals involved in the relinquishment:
(1) Persons licensed to practice medicine and surgery, advanced practice registered nurse or licensed physician assistant;
(2) employees of a facility described in subsection (c)(1)(A);
(3) operators of a newborn safety device; or
(4) persons employed or involved with any location where an infant may be surrendered under this section.
History: L. 2006, ch. 200, § 77; L. 2014, ch. 70, § 1; L. 2014, ch. 115, § 65; L. 2018, ch. 107, § 14; L. 2023, ch. 70, § 9; May 4.
(a) In addition to all actions concerning a child in need of care commenced on or after January 1, 2007, this code also applies to proceedings commenced before January 1, 2007, unless the court finds that application of a particular provision of the code would substantially interfere with the effective conduct of judicial proceedings or prejudice the rights of a party or an interested party, in which case the particular provision of this code does not apply and the previous code applies.
(b) If a right is acquired, extinguished or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2007, that statute continues to apply to the right, even if it has been repealed or superceded.
History: L. 2006, ch. 200, § 78; January 1, 2007.
Any order issued pursuant to the revised Kansas code for care of children or the revised Kansas juvenile justice code, shall take precedence over any order under article 21 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto (adoption and relinquishment act), or article 30 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto (guardians and conservators), until jurisdiction under the revised Kansas code for care of children or the revised Kansas juvenile justice code is terminated.
History: L. 2010, ch. 75, § 1; L. 2011, ch. 24, § 6; July 1.
(a) The board of education of a school district shall award a high school diploma to any person requesting a diploma if such person: (1) Is at least 17 years of age; (2) is enrolled or resides in such school district; (3) is or has been a child in the custody of the secretary, or in the custody of a federally recognized Indian tribe in this state, at any time on or after such person's 14th birthday; and (4) has achieved at least the minimum high school graduation requirements adopted by the state board of education.
(b) This section shall be part of and supplemental to the revised Kansas code for care of children.
History: L. 2011, ch. 60, § 1; L. 2013, ch. 79, § 2; April 25.
(a) Notwithstanding the provisions of other statutes, when a child is removed from the custody of a parent and not placed with the child's other parent, a grandparent who requests custody shall receive substantial consideration when evaluating what custody, visitation or residency arrangements are in the best interests of the child. Such evaluation of custody, visitation or residency arrangements shall be stated on the record.
(b) In deciding whether to give custody to a grandparent, the court should be guided by the best interests of the child and should consider all relevant factors including, but not limited to, the following:
(1) The wishes of the parents, child and grandparent;
(2) the extent to which the grandparent has cared for, nurtured and supported the child;
(3) the intent and circumstances under which the child is placed with the grandparent, including whether domestic violence is a factor and whether the child is placed to allow the parent to seek work or attend school; and
(4) the physical and mental health of all individuals involved.
(c) If the court does not give custody of a child to a grandparent pursuant to subsection (b) and the child is placed in the custody of the secretary for children and families, a grandparent who requests placement of the child in such grandparent's home shall receive substantial consideration in the evaluation of the secretary's placement of the child. The secretary shall consider all relevant factors, including, but not limited to, all factors listed in subsection (b) in deciding whether to place the child in the home of such grandparent. If the secretary decides that the child is not to be placed in the home of such grandparent, the secretary shall prepare and maintain a written report providing the specific reasons for such finding.
(d) The provisions of this section shall not apply to actions filed under the Kansas adoption and relinquishment act, K.S.A. 59-2111 et seq., and amendments thereto.
(e) This section shall be part of and supplemental to the revised Kansas code for care of children.
History: L. 2012, ch. 115, § 1; L. 2014, ch. 115, § 66; July 1.
(a) Whenever a child is in custody, as defined in K.S.A. 38-2202, and amendments thereto, and there is reason to believe such child has been subjected to an act which would constitute human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto, or the child committed an act which, if committed by an adult, would constitute selling sexual relations, as defined by K.S.A. 21-6419, and amendments thereto, the court shall refer the child to the secretary for children and families for an assessment to determine safety, placement, treatment and service needs for the child. The secretary shall use a validated, evidence-based assessment tool or instrument to assess such needs and shall make appropriate recommendations to the court. The secretary shall provide only a summary of the results from the assessment tool or instrument, not the complete assessment tool or instrument.
(b) When any law enforcement officer takes into custody any child as provided in K.S.A. 38-2231(b)(3), and amendments thereto, the law enforcement officer shall contact the department for children and families to begin an assessment to determine safety, appropriate and timely placement and appropriate services to meet the immediate needs of the child.
(c) This section shall be part of and supplemental to the revised Kansas code for care of children.
History: L. 2013, ch. 120, § 5; L. 2016, ch. 102, § 16; July 1.
(a) Notwithstanding any other provision of law, no child alleged or found to be a child in need of care may be placed in a juvenile detention facility, unless the child is also alleged to be a juvenile offender and such placement is authorized by K.S.A. 38-2330 or 38-2343, and amendments thereto.
(b) This section shall be part of and supplemental to the revised Kansas code for care of children.
History: L. 2014, ch. 126, § 2; L. 2016, ch. 46, § 28; July 1, 2019.
(a) Immediately after receiving information that a child has been identified as a victim of human trafficking, aggravated human trafficking or commercial sexual exploitation of a child, and in no case later than 24 hours after receiving such information, the secretary shall report such information to law enforcement agencies of jurisdiction.
(b) Immediately after receiving information that a child in the custody of the secretary is missing, and in no case later than 24 hours after receiving such information, the secretary shall report such information to the national center for missing and exploited children and the law enforcement agency in the jurisdiction from which the child is missing. The law enforcement agency shall enter such information into the missing person system of the national crime information center and the missing and unidentified person system of the Kansas bureau of investigation, in accordance with K.S.A.
75-712c, and amendments thereto.
(c) This section shall be part of and supplemental to the revised Kansas code for care of children.
History: L. 2016, ch. 102, § 6; July 1.
(a) (1) In addition to any services required under K.S.A. 38-2201 et seq., and amendments thereto, after the department for children and families receives a report of child abuse or neglect where the subject of the report is a child with sexual behavior problems and the department determines that a joint investigation with law enforcement is required in accordance with K.S.A. 38-2226, and amendments thereto, the department shall immediately provide a referral to a child advocacy center or other mental health provider and, as needed, offer additional services to:
(A) The child with sexual behavior problems; and
(B) such child's family.
(2) Such services shall be voluntary, unless the department determines there will be a high risk of future sexual behavior problems by such child if such child or such child's family refuses to accept the services. The department shall thoroughly document:
(A) Offers by the department to provide voluntary services;
(B) the reasons these services are important to reduce the risk of future sexual behavior problems by the child;
(C) whether services were accepted and provided; and
(D) the outcome for the child and family.
(b) As used in this section, "child with sexual behavior problems" means a person less than 18 years of age who has allegedly committed sexual abuse against another person less than 18 years of age.
(c) Nothing in this section shall prohibit any other investigation or action by the department or law enforcement that is otherwise authorized by law.
(d) This section shall be a part of and supplemental to the revised Kansas code for care of children, K.S.A. 38-2201 et seq., and amendments thereto.
History: L. 2019, ch. 35, § 1; July 1.
(a) Whenever a child is placed in a qualified residential treatment program, the secretary shall notify the court in writing within seven days of placement. The clerk of the district court shall give written notice to: (1) The petitioner; (2) the attorney for the parents, if any; (3) each parent at the last known address; (4) the child, if 12 or more years of age; (5) the child's guardian ad litem; (6) any other party or interested party; and (7) the child's court-appointed special advocate.
(b) Within 30 days after a child is placed in a qualified residential treatment program, any person enumerated in subsection (a)(1) through (7) receiving notice as provided above may request, in writing, that the court conduct a hearing. If a hearing is requested, the court shall conduct the hearing within 60 days of placement. The court shall give notice of the hearing to all persons enumerated in subsection (a)(1) through (7).
(c) The secretary shall provide to the court in writing an assessment and documentation of the need for placement in a qualified residential treatment program.
(d) Within 60 days after a child is placed in a qualified residential treatment program, the court shall:
(1) Consider the assessment and documentation provided by the secretary pursuant to subsection (c);
(2) determine whether the needs of the child can be met through placement in a foster family home or, if not, whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short-term and long-term goals for the child as specified in the permanency plan for the child; and
(3) approve or disapprove the placement.
(e) This section shall be a part of and supplemental to the revised Kansas code for care of children.
History: L. 2019, ch. 43, § 1; L. 2023, ch. 16, § 1; July 1.
(a) On or before October 1, 2023, the secretary for children and families shall identify an evidence-based risk and needs assessment to administer to children who have been identified as exhibiting behavior that could lead to juvenile offender charges related to physical violence, aggression, damage to property or use of life-threatening drugs during the course of a child in need of care proceeding.
(b) The secretary for children and families shall administer the assessment described in subsection (a) and shall collaborate with the secretary of corrections to allow children identified pursuant to subsection (a) to participate in evidence-based community programs offered pursuant to K.S.A. 75-52,164, and amendments thereto.
(c) The results of an assessment administered pursuant to this section shall be considered a part of the official file described in K.S.A. 38-2209, and amendments thereto, and shall not be admitted into evidence during the course of a proceeding under the revised Kansas juvenile justice code.
(d) On or before January 1, 2024, the secretary for children and families shall report on the implementation of this section and provide the assessment identified in subsection (a) to the joint committee on corrections and juvenile justice oversight.
History: L. 2023, ch. 96, § 1; July 1.
(a) The secretary for children and families shall not adopt, implement or enforce a policy for selection as an out-of-home or adoptive placement or custody for adoption, appointment as a permanent or SOUL custodian or licensure under K.S.A. 65-501 et seq., and amendments thereto, that:
(1) Requires a person to affirm, accept or support any governmental policy regarding sexual orientation or gender identity that may conflict with the person's sincerely held religious or moral beliefs; or
(2) prohibits selection, appointment or licensure, if otherwise eligible, of a person because of such person's sincerely held religious or moral beliefs regarding sexual orientation or gender identity or intent to guide or instruct a child consistent with such beliefs.
(b) This section shall not be construed to:
(1) Prohibit the secretary from considering the religious or moral beliefs of a child or the child's biological family or community, including, but not limited to, beliefs regarding sexual orientation and gender identity, in relation to the religious or moral beliefs of a person selected or being considered for placement, custody or appointment, when determining whether an out-of-home or adoptive placement, custody for adoption or appointment of a custodian is in the best interests of the child; or
(2) prohibit or relieve the secretary from making out-of-home or adoptive placements, custody for adoption or appointments of a custodian in the best interests of the child as otherwise required by law.
(c) (1) A person aggrieved by a violation of subsection (a) may recover actual damages, injunctive relief, costs and reasonable attorney fees from the department for children and families.
(2) The department for children and families shall be liable for any action taken by a contractor that violates this section.
(3) No action for a violation of subsection (a) shall be brought against an entity that contracts with the department.
(d) This section shall be a part of and supplemental to the revised Kansas code for care of children.
History: L. 2025, ch. 109, § 1; May 1.
This act shall be known and may be cited as the revised Kansas juvenile justice code. The primary goals of the juvenile justice code are to promote public safety, hold juvenile offenders accountable for their behavior and improve their ability to live more productively and responsibly in the community. To accomplish these goals, juvenile justice policies developed pursuant to the revised Kansas juvenile justice code shall be designed to: (a) Protect public safety; (b) recognize that the ultimate solutions to juvenile crime lie in the strengthening of families and educational institutions, the involvement of the community and the implementation of effective prevention and early intervention programs; (c) be community based to the greatest extent possible; (d) be family centered when appropriate; (e) facilitate efficient and effective cooperation, coordination and collaboration among agencies of the local, state and federal government; (f) be outcome based, allowing for the effective and accurate assessment of program performance; (g) be cost-effectively implemented and administered to utilize resources wisely; (h) encourage the recruitment and retention of well-qualified, highly trained professionals to staff all components of the system; (i) appropriately reflect community norms and public priorities; and (j) encourage public and private partnerships to address community risk factors.
History: L. 2006, ch. 169, § 1; January 1, 2007.
As used in this code, unless the context otherwise requires:
(a) "Commissioner" means the secretary of corrections or the secretary's designee.
(b) "Community supervision officer" means any officer from court services, community corrections or any other individual authorized to supervise a juvenile on an immediate intervention, probation or conditional release.
(c) "Conditional release" means release from a term of commitment in a juvenile correctional facility for an aftercare term pursuant to K.S.A. 38-2369, and amendments thereto, under conditions established by the secretary of corrections.
(d) "Court-appointed special advocate" means a responsible adult, other than an attorney appointed pursuant to K.S.A. 38-2306, and amendments thereto, who is appointed by the court to represent the best interests of a child, as provided in K.S.A. 38-2307, and amendments thereto, in a proceeding pursuant to this code.
(e) "Detention risk assessment tool" means a risk assessment instrument adopted pursuant to K.S.A. 75-7023(f), and amendments thereto, used to identify factors shown to be statistically related to a juvenile's risk of failing to appear in court or reoffending pre-adjudication and designed to assist in making detention determinations.
(f) "Educational institution" means all schools at the elementary and secondary levels.
(g) "Educator" means any administrator, teacher or other professional or paraprofessional employee of an educational institution who has exposure to a pupil specified in K.S.A. 72-6143(a)(1) through (5), and amendments thereto.
(h) "Evidence-based" means practices, policies, procedures and programs demonstrated by research to produce reduction in the likelihood of reoffending.
(i) "Graduated responses" means a system of community-based sanctions and incentives developed pursuant to K.S.A. 75-7023(h) and 38-2392, and amendments thereto, used to address violations of immediate interventions, terms and conditions of probation and conditional release and to incentivize positive behavior.
(j) "Immediate intervention" means all programs or practices developed by the county to hold juvenile offenders accountable while allowing such offenders to be diverted from formal court processing pursuant to K.S.A. 38-2346, and amendments thereto.
(k) "Institution" means the Larned juvenile correctional facility and the Kansas juvenile correctional complex.
(l) "Investigator" means an employee of the department of corrections assigned by the secretary of corrections with the responsibility for investigations concerning employees at the juvenile correctional facilities and juveniles in the custody of the secretary of corrections at a juvenile correctional facility.
(m) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building as an adult jail or lockup, unless the facility meets all applicable licensure requirements under law and there is: (A) Total separation of the juvenile and adult facility spatial areas such that there could be no haphazard or accidental contact between juvenile and adult residents in the respective facilities; (B) total separation in all juvenile and adult program activities within the facilities, including recreation, education, counseling, health care, dining, sleeping and general living activities; and (C) separate juvenile and adult staff, including management, security staff and direct care staff such as recreational, educational and counseling.
(n) "Juvenile" means a person to whom one or more of the following applies, the person: (1) Is 10 or more years of age but less than 18 years of age; (2) is alleged to be a juvenile offender; or (3) has been adjudicated as a juvenile offender and continues to be subject to the jurisdiction of the court.
(o) "Juvenile correctional facility" means a facility operated by the secretary of corrections for the commitment of juvenile offenders.
(p) "Juvenile corrections officer" means a certified employee of the department of corrections working at a juvenile correctional facility assigned by the secretary of corrections with responsibility for maintaining custody, security and control of juveniles in the custody of the secretary of corrections at a juvenile correctional facility.
(q) "Juvenile detention facility" means a public or private facility licensed pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, which is used for the lawful custody of alleged or adjudicated juvenile offenders.
(r) "Juvenile intake and assessment worker" means a responsible adult trained and authorized to perform intake and assessment services as part of the intake and assessment system established pursuant to K.S.A. 75-7023, and amendments thereto.
(s) "Juvenile offender" means a person who commits an offense while 10 or more years of age but less than 18 years of age which if committed by an adult would constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-5102, and amendments thereto, or who violates the provisions of K.S.A. 41-727, 74-8810(j) or 21-6301(a)(14), and amendments thereto, but does not include:
(1) A person 14 or more years of age who commits a traffic offense, as defined in K.S.A. 8-2117(d), and amendments thereto;
(2) a person 16 years of age or over who commits an offense defined in chapter 32 of the Kansas Statutes Annotated, and amendments thereto;
(3) a person under 18 years of age who previously has been:
(A) Convicted as an adult under the Kansas criminal code;
(B) sentenced as an adult under the Kansas criminal code following termination of status as an extended jurisdiction juvenile pursuant to K.S.A. 38-2364, and amendments thereto; or
(C) convicted or sentenced as an adult in another state or foreign jurisdiction under substantially similar procedures described in K.S.A. 38-2347, and amendments thereto, or because of attaining the age of majority designated in that state or jurisdiction.
(t) "Law enforcement officer" means any person who by virtue of that person's office or public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.
(u) "Overall case length limit" when used in relation to a juvenile adjudicated a juvenile offender means the maximum jurisdiction of the court following disposition on an individual case. Pursuant to K.S.A. 38-2304, and amendments thereto, the case and the court's jurisdiction shall terminate once the overall case length limit expires and may not be extended.
(v) "Parent" when used in relation to a juvenile, includes a guardian and every person who is, by law, liable to maintain, care for or support the juvenile.
(w) "Probation" means a period of community supervision ordered pursuant to K.S.A. 38-2361, and amendments thereto, overseen by either court services or community corrections, but not both.
(x) "Reasonable and prudent parenting standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural and social activities.
(y) "Reintegration plan" means a written document prepared in consultation with the child's parent or guardian that:
(1) Describes the reintegration goal, which, if achieved, will most likely give the juvenile and the victim of the juvenile a permanent and safe living arrangement;
(2) describes the child's level of physical health, mental and emotional health and educational functioning;
(3) provides an assessment of the needs of the child and family;
(4) describes the services to be provided to the child, the child's family and the child's foster parents, if appropriate;
(5) includes a description of the tasks and responsibilities designed to achieve the plan and to whom assigned;
(6) includes measurable objectives and time schedules for achieving the plan; and
(7) if the child is in an out of home placement:
(A) Provides a statement for the basis of determining that reintegration is determined not to be a viable option if such a determination is made and includes a plan for another permanent living arrangement;
(B) describes available alternatives;
(C) justifies the alternative placement selected, including a description of the safety and appropriateness of such placement; and
(D) describes the programs and services that will help the child prepare to live independently as an adult.
(z) "Risk and needs assessment" means a standardized instrument administered on juveniles to identify specific risk factors and needs shown to be statistically related to a juvenile's risk of reoffending and, when properly addressed, can reduce a juvenile's risk of reoffending.
(aa) "Secretary" means the secretary of corrections or the secretary's designee.
(bb) "Technical violation" means an act that violates the terms or conditions imposed as part of a probation disposition pursuant to K.S.A. 38-2361, and amendments thereto, and that does not constitute a new juvenile offense or a new child in need of care violation pursuant to K.S.A. 38-2202(d), and amendments thereto.
(cc) "Warrant" means a written order by a judge of the court directed to any law enforcement officer commanding the officer to take into custody the juvenile named or described therein.
(dd) "Youth residential facility" means any home, foster home or structure which provides 24-hour-a-day care for juveniles and which is licensed pursuant to article 5 of chapter 65 or article 70 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
(ee) "Behavioral health crisis" means behavioral and conduct issues that impact the safety or health of a juvenile, members of the juvenile's household or family or members of the community, including, but not limited to, non-life threatening mental health and substance abuse concerns.
History: L. 2006, ch. 169, § 2; L. 2008, ch. 101, § 1; L. 2010, ch. 4, § 2; L. 2011, ch. 30, § 158; L. 2016, ch. 46, § 29; L. 2016, ch. 102, § 17; L. 2023, ch. 96, § 7; July 1.
(a) Proceedings under this code involving acts committed by a juvenile which, if committed by an adult, would constitute a violation of any of the following statutes may be commenced at any time: (1) Rape as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto; (2) aggravated criminal sodomy as defined in K.S.A. 21-3506, prior to its repeal, or subsection (b) of K.S.A. 21-5504, and amendments thereto; (3) murder as described in K.S.A. 21-3401, 21-3402 or 21-3439, prior to their repeal, or K.S.A. 21-5401, 21-5402 or 21-5403, and amendments thereto; (4) terrorism as defined in K.S.A. 21-3449, prior to its repeal, or K.S.A. 21-5421, and amendments thereto; or (5) illegal use of weapons of mass destruction as defined in K.S.A. 21-3450, prior to its repeal, or K.S.A. 21-5422, and amendments thereto.
(b) Except as provided by subsections (c) and (e), a proceeding under this code for any act committed by a juvenile which, if committed by an adult, would constitute a violation of any of the following statutes shall be commenced within five years after its commission if the victim is less than 16 years of age: (1) Lewd and lascivious behavior as defined in K.S.A. 21-3508, prior to its repeal, or K.S.A. 21-5513, and amendments thereto; (2) unlawful voluntary sexual relations as defined in K.S.A. 21-3522, prior to its repeal, or K.S.A. 21-5507, and amendments thereto; or (3) aggravated incest as defined in K.S.A. 21-3603, prior to its repeal, or subsection (b) of K.S.A. 21-5604, and amendments thereto.
(c) Except as provided in subsection (e), a proceeding under this code for any act committed by a juvenile which, if committed by an adult, would constitute a sexually violent crime as defined in K.S.A. 22-3717, and amendments thereto:
(1) When the victim is 18 years of age or older shall be commenced within 10 years or one year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later; or
(2) when the victim is under 18 years of age shall be commenced within 10 years of the date the victim turns 18 years of age or one year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.
(3) For the purposes of this subsection, "DNA" means deoxyribonucleic acid.
(d) Except as provided by subsection (e), proceedings under this code not governed by subsections (a), (b) or (c) shall be commenced within two years after the act giving rise to the proceedings is committed.
(e) The period within which the proceedings must be commenced shall not include any period in which:
(1) The accused is absent from the state;
(2) the accused is so concealed within the state that process cannot be served upon the accused;
(3) the fact of the offense is concealed; or
(4) whether or not the fact of the offense is concealed by the active act or conduct of the accused, there is substantial competent evidence to believe two or more of the following factors are present: (A) The victim was a child under 15 years of age at the time of the offense; (B) the victim was of such age or intelligence that the victim was unable to determine that the acts constituted an offense; (C) the victim was prevented by a parent or other legal authority from making known to law enforcement authorities the fact of the offense whether or not the parent or other legal authority is the accused; and (D) there is substantial competent expert testimony indicating the victim psychologically repressed such victim's memory of the fact of the offense, and in the expert's professional opinion the recall of such memory is accurate, free of undue manipulation, and substantial corroborating evidence can be produced in support of the allegations contained in the complaint or information; but in no event may a proceeding be commenced as provided in subsection (e)(4) later than the date the victim turns 28 years of age. Corroborating evidence may include, but is not limited to, evidence the alleged juvenile offender committed similar acts against other persons or evidence of contemporaneous physical manifestations of the offense. Parent or other legal authority shall include, but not be limited to, natural and stepparents, grandparents, aunts, uncles or siblings.
(f) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing offense plainly appears, at the time when the course of conduct or the alleged juvenile offender's complicity therein is terminated. Time starts to run on the day after the offense is committed.
(g) A proceeding under this code is commenced when a complaint or information is filed, or an indictment returned, and a warrant thereon is delivered to the sheriff or other officer for execution. No such proceeding shall be deemed to have been commenced if the warrant so issued is not executed without unreasonable delay.
History: L. 2006, ch. 169, § 3; L. 2011, ch. 30, § 159; L. 2014, ch. 123, § 1; July 1.
(a) Except as provided in K.S.A. 38-2347, and amendments thereto, proceedings concerning a juvenile shall be governed by the provisions of this code.
(b) The district court shall have original jurisdiction to receive and determine proceedings under this code.
(c) When a complaint is filed under this code, the juvenile shall be presumed to be subject to this code, unless the contrary is proved.
(d) Once jurisdiction is acquired by the district court over an alleged juvenile offender, except as otherwise provided in subsection (e), jurisdiction shall continue until one of the following occurs:
(1) The complaint is dismissed;
(2) the juvenile is adjudicated not guilty at trial;
(3) the juvenile, after being adjudicated guilty and sentenced:
(i) Successfully completes the term of probation;
(ii) is discharged by the secretary pursuant to K.S.A. 38-2376, and amendments thereto;
(iii) reaches the juvenile's 21st birthday and no exceptions apply that extend jurisdiction beyond 21 years of age; or
(iv) reaches the overall case length limit;
(4) the court terminates jurisdiction; or
(5) the juvenile is convicted of a crime as an adult pursuant to chapter 22 of the Kansas Statutes Annotated, and amendments thereto.
(e) Once jurisdiction is acquired by the district court over an alleged juvenile offender, it shall continue beyond the juvenile offender's 21st birthday but not later than the juvenile offender's 23rd birthday if:
(1) The juvenile offender is sentenced pursuant to K.S.A. 38-2369, and amendments thereto, and the term of the sentence including successful completion of conditional release extends beyond the juvenile offender's 21st birthday but does not extend beyond the overall case length limit; or
(2) the juvenile offender is sentenced pursuant to an extended jurisdiction juvenile prosecution and continues to successfully serve the sentence imposed pursuant to the revised Kansas juvenile justice code.
(f) Termination of jurisdiction pursuant to this section shall have no effect on the juvenile offender's continuing responsibility to pay restitution ordered.
(g) (1) If a juvenile offender, at the time of sentencing, is in an out-of-home placement in the custody of the secretary for children and families under the Kansas code for care of children, the sentencing court may order the continued placement of the juvenile offender as a child in need of care.
(2) Court services, community corrections and the department of corrections shall address the risks and needs of the juvenile offender according to the results of the risk and needs assessment.
(h) If a juvenile or juvenile offender is eligible to receive services from the Kansas department for children and families, the department of corrections or the judicial branch, such agencies shall collaborate to provide such services. Nothing in this code shall preclude the juvenile or juvenile offender from accessing services provided by the Kansas department for children and families, the department of corrections, the judicial branch or any other state agency if the juvenile or juvenile offender is otherwise eligible for the services.
(i) A court's order issued in a proceeding pursuant to this code shall take precedence over such orders in a proceeding under chapter 23 of the Kansas Statutes Annotated, and amendments thereto, the Kansas family law code, a proceeding under article 31 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, protection from abuse act, a proceeding under article 21 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, adoption and relinquishment act, a proceeding under article 30 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, guardians and conservators, or a comparable case in another jurisdiction, except as provided by K.S.A. 23-37,101 et seq., and amendments thereto, uniform child custody jurisdiction and enforcement act.
History: L. 2006, ch. 169, § 4; L. 2007, ch. 198, § 7; L. 2008, ch. 169, § 20; L. 2010, ch. 75, § 18; L. 2011, ch. 24, § 7; L. 2012, ch. 162, § 67; L. 2014, ch. 115, § 67; L. 2016, ch. 46, § 30; L. 2017, ch. 90, § 2; L. 2023, ch. 96, § 8; July 1.
(a) Venue for proceedings in any case involving a juvenile shall be in any county where any act of the alleged offense was committed.
(b) Except as provided in subsection (c), venue for sentencing proceedings shall be in the county of the juvenile offender's residence or, if the juvenile offender is not a resident of this state, in the county where the adjudication occurred. When the sentencing hearing is to be held in a county other than where the adjudication occurred, upon adjudication, the judge shall contact the sentencing court and advise the judge of the transfer. The adjudicating court shall send immediately to the sentencing court a facsimile or electronic copy of the complaint, the adjudication journal entry or judge's minutes, if available, and any recommendations in regard to sentencing. The adjudicating court shall also send to the sentencing court a complete copy of the official and social files in the case by mail or electronic means within seven days of the adjudication.
(c) If the juvenile offender is adjudicated in a county other than the county of the juvenile offender's residence, the sentencing hearing may be held in the county in which the adjudication was made or, if there are not any ongoing proceedings under the Kansas code for care of children, in the county of the residence of the custodial parent, parents, guardian or conservator if the adjudicating judge, upon motion, finds that it is in the interest of justice. If there are ongoing proceedings under the revised Kansas code for care of children, then the sentencing hearing shall be held in the county in which the proceedings under the revised Kansas code for care of children are being held.
History: L. 2006, ch. 169, § 5; L. 2010, ch. 5, § 4; L. 2010, ch. 155, § 14; L. 2011, ch. 48, § 2; July 1.
History: L. 2006, ch. 169, § 5; L. 2010, ch. 135, § 49; Repealed, L. 2011, ch. 48, § 19; July 1.
(a)
Appointment of attorney to represent juvenile.
A juvenile is entitled to have the assistance of an attorney at every stage of the proceedings. If a juvenile appears before any court without an attorney, the court shall inform the juvenile and the juvenile's parent of the right to employ an attorney. Upon failure to retain an attorney, the court shall appoint an attorney to represent the juvenile. The expense of the appointed attorney may be assessed to the juvenile, the parent, or both, as part of the expenses of the case.
(b)
Continuation of representation.
An attorney appointed for a juvenile shall continue to represent the juvenile at all subsequent court hearings in the proceeding under this code, including appellate proceedings, unless relieved by the court upon a showing of good cause or upon transfer of venue.
(c)
Attorney fees.
An attorney appointed pursuant to this section shall be allowed a reasonable fee for services, which may be assessed as an expense in the proceedings as provided in K.S.A. 38-2314, and amendments thereto.
History: L. 2006, ch. 169, § 6; January 1, 2007.
(a) In addition to the attorney appointed pursuant to K.S.A. 38-2306, and amendments thereto, the court at any stage of a proceeding pursuant to this code may appoint a volunteer court-appointed special advocate for a juvenile who shall serve until discharged by the court and whose primary duties shall be to advocate the best interests of the juvenile and assist the juvenile in obtaining a permanent, safe and appropriate placement. The court-appointed special advocate shall have such qualifications and perform such specific duties and responsibilities as prescribed by rule of the supreme court.
(b) Any person participating in a judicial proceeding as a court-appointed special advocate shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any civil liability that otherwise might be incurred or imposed.
(c) The supreme court shall promulgate rules governing court-appointed special advocate programs related to proceedings in the district courts pursuant to this code.
History: L. 2006, ch. 169, § 7; January 1, 2007.
(a) The local citizen review board created pursuant to K.S.A. 38-2207, and amendments thereto, shall have the duty, authority and power to:
(1) Review each case of a child who is a juvenile offender referred by the judge, receive verbal information from all persons with pertinent knowledge of the case and have access to materials contained in the court's files on the case;
(2) determine the progress which has been toward rehabilitation for the juvenile offender; and
(3) make recommendations to the judge regarding further actions on the case.
(b) The initial review by the local citizen review board may take place any time after adjudication for a juvenile offender. A review shall occur within six months after the initial disposition hearing.
(c) The local citizen review board shall review each referred case at least once each year.
(d) The judge shall consider the local citizen review board recommendations in issuing a sentence pursuant to K.S.A. 38-2361, and amendments thereto.
(e) Three members of the local citizen review board must be present to review a case.
(f) The court shall provide a place for the reviews to be held. The local citizen review board members shall travel to the county of the family residence of the child being reviewed to hold the review.
History: L. 2006, ch. 169, § 8; January 1, 2007.
(a)
Official file.
The official file of proceedings pursuant to this code shall consist of the complaint, process, service of process, orders, writs and journal entries reflecting hearings held, judgments and decrees entered by the court. The official file shall be kept separate from other records of the court.
(b) The official file shall be open for public inspection, unless the judge determines that opening the official file for public inspection is not in the best interests of a juvenile who is less than 14 years of age. Information identifying victims and alleged victims of sex offenses, as defined in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6419 through 21-6422, and amendments thereto, or human trafficking or aggravated human trafficking, as defined in K.S.A. 21-3446 or 21-3447, prior to their repeal, or K.S.A. 21-5426, and amendments thereto, shall not be disclosed or open to public inspection under any circumstances. Nothing in this section shall prohibit the victim or alleged victim of any sex offense from voluntarily disclosing such victim's identity. An official file closed pursuant to this section and information identifying the victim or alleged victim of any sex offense shall be disclosed only to the following:
(1) A judge of the district court and members of the staff of the court designated by the judge;
(2) parties to the proceedings and their attorneys;
(3) any individual or any public or private agency or institution: (A) Having custody of the juvenile under court order; or (B) providing educational, medical or mental health services to the juvenile;
(4) the juvenile's court appointed special advocate;
(5) any placement provider or potential placement provider as determined by the commissioner or court services officer;
(6) law enforcement officers or county or district attorneys, or their staff, when necessary for the discharge of their official duties;
(7) the Kansas racing and gaming commission, upon written request of the commission chairperson, for the purpose provided by K.S.A. 74-8804, and amendments thereto, except that information identifying the victim or alleged victim of any sex offense shall not be disclosed pursuant to this subsection;
(8) juvenile intake and assessment workers;
(9) the secretary of corrections;
(10) the office of the child advocate pursuant to the child advocate act; and
(11) any other person when authorized by a court order, subject to any conditions imposed by the order.
(c)
Social file.
(1) Reports and information received by the court, other than the official file, shall be privileged and open to inspection only by the following:
(A) Attorneys for the parties;
(B) juvenile intake and assessment workers;
(C) court-appointed special advocates;
(D) juvenile community corrections officers;
(E) the juvenile's guardian ad litem, if any;
(F) the office of the child advocate pursuant to the child advocate act; or
(G) any other person when authorized by the order of a judge of the district court or appellate court.
(2) The reports shall not be further disclosed without approval of the court or by being presented as admissible evidence.
(d)
Preservation of records.
The Kansas state historical society shall be allowed to take possession for preservation in the state archives of any court records related to proceedings under the Kansas juvenile justice code or the revised Kansas juvenile justice code whenever such records otherwise would be destroyed. The Kansas state historical society shall make available for public inspection any unexpunged docket entry or official file in its custody concerning any juvenile 14 or more years of age at the time an offense is alleged to have been committed by the juvenile. No other such records in the custody of the Kansas state historical society shall be disclosed directly or indirectly to anyone for 70 years after creation of the records, except as provided in subsections (b) and (c). A judge of the district court may allow inspection for research purposes of any court records in the custody of the Kansas state historical society related to proceedings under the Kansas juvenile justice code or the revised Kansas juvenile justice code.
(e) Relevant information, reports and records, shall be made available to the department of corrections upon request, and a showing that the former juvenile has been convicted of a crime and placed in the custody of the secretary of corrections.
History: L. 2006, ch. 169, § 9; L. 2008, ch. 145, § 8; L. 2010, ch. 112, § 4; L. 2011, ch. 30, § 160; L. 2015, ch. 94, § 14; L. 2024, ch. 73, § 10; July 1.
(a) All records of law enforcement officers and agencies and municipal courts concerning an offense committed or alleged to have been committed by a juvenile under 14 years of age shall be kept readily distinguishable from criminal and other records and shall not be disclosed to anyone except:
(1) The judge of the district court and members of the staff of the court designated by the judge;
(2) parties to the proceedings and their attorneys;
(3) the Kansas department for children and families;
(4) the juvenile's court appointed special advocate, any officer of a public or private agency or institution or any individual having custody of a juvenile under court order or providing educational, medical or mental health services to a juvenile;
(5) any educational institution, to the extent necessary to enable the educational institution to provide the safest possible environment for its pupils and employees;
(6) any educator, to the extent necessary to enable the educator to protect the personal safety of the educator and the educator's pupils;
(7) law enforcement officers or county or district attorneys, or their staff, when necessary for the discharge of their official duties;
(8) the central repository, as defined by K.S.A. 22-4701, and amendments thereto, for use only as a part of the juvenile offender information system established under K.S.A. 38-2326, and amendments thereto;
(9) juvenile intake and assessment workers;
(10) the department of corrections;
(11) juvenile community corrections officers;
(12) the interstate compact for juveniles compact administrator for the purpose of carrying out the responsibilities related to the interstate compact for juveniles;
(13) the office of the child advocate pursuant to the child advocate act;
(14) any other person when authorized by a court order, subject to any conditions imposed by the order; and
(15) as provided in subsection (c).
(b) The provisions of this section shall not apply to records concerning:
(1) A violation, by a person 14 or more years of age, of any provision of chapter 8 of the Kansas Statutes Annotated, and amendments thereto, or of any city ordinance or county resolution which relates to the regulation of traffic on the roads, highways or streets or the operation of self-propelled or nonself-propelled vehicles of any kind;
(2) a violation, by a person 16 or more years of age, of any provision of chapter 32 of the Kansas Statutes Annotated, and amendments thereto; or
(3) an offense for which the juvenile is prosecuted as an adult.
(c) All records of law enforcement officers and agencies and municipal courts concerning an offense committed or alleged to have been committed by a juvenile 14 or more years of age shall be subject to the same disclosure restrictions as the records of adults. Information identifying victims and alleged victims of sex offenses, as defined in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 21-6419 through 21-6422, and amendments thereto, or human trafficking or aggravated human trafficking, as defined in K.S.A. 21-3446 or 21-3447, prior to their repeal, or K.S.A. 21-5426, and amendments thereto, shall not be disclosed or open to public inspection under any circumstances. Nothing in this section shall prohibit the victim or any alleged victim of any sex offense from voluntarily disclosing such victim's identity.
(d) Relevant information, reports and records, shall be made available to the department of corrections upon request and a showing that the former juvenile has been convicted of a crime and placed in the custody of the secretary of corrections.
(e) All records, reports and information obtained as a part of the juvenile intake and assessment process for juveniles shall be confidential, and shall not be disclosed except as provided by statutory law and rules and regulations promulgated by the secretary.
(1) Any court of record may order the disclosure of such records, reports and other information to any person or entity.
(2) The head of any juvenile intake and assessment program, certified by the secretary, may authorize disclosure of such records, reports and other information to:
(A) A person licensed to practice the healing arts who has before that person a juvenile whom the person reasonably suspects may be abused or neglected;
(B) a court-appointed special advocate for a juvenile or an agency having the legal responsibility or authorization to care for, treat or supervise a juvenile;
(C) a parent or other person responsible for the welfare of a juvenile, or such person's legal representative, with protection for the identity of persons reporting and other appropriate persons;
(D) the juvenile, the attorney and a guardian ad litem, if any, for such juvenile;
(E) the police or other law enforcement agency;
(F) an agency charged with the responsibility of preventing or treating physical, mental or emotional abuse or neglect or sexual abuse of children, if the agency requesting the information has standards of confidentiality as strict or stricter than the requirements of the Kansas code for care of children or the revised Kansas juvenile justice code, whichever is applicable;
(G) members of a multidisciplinary team under this code;
(H) an agency authorized by a properly constituted authority to diagnose, care for, treat or supervise a child who is the subject of a report or record of child abuse or neglect;
(I) any individual, or public or private agency authorized by a properly constituted authority to diagnose, care for, treat or supervise a juvenile who is the subject of a report or record of child abuse or neglect, specifically including the following: Physicians, psychiatrists, nurses, nurse practitioners, psychologists, licensed social workers, child development specialists, physician assistants, community mental health workers, addiction counselors and licensed or registered child care providers;
(J) a citizen review board pursuant to K.S.A. 38-2207, and amendments thereto;
(K) an educational institution to the extent necessary to enable such institution to provide the safest possible environment for pupils and employees of the institution;
(L) any educator to the extent necessary for the protection of the educator and pupils;
(M) any juvenile intake and assessment worker of another certified juvenile intake and assessment program;
(N) the interstate compact for juveniles compact administrator for the purpose of carrying out the responsibilities related to the interstate compact for juveniles; and
(O) the office of the child advocate pursuant to the child advocate act.
History: L. 2006, ch. 169, § 10; L. 2011, ch. 30, § 161; L. 2014, ch. 115, § 68; L. 2015, ch. 94, § 15; L. 2016, ch. 102, § 18; L. 2024, ch. 73, § 11; July 1.
History: L. 2006, ch. 169, § 10; L. 2011, ch. 30, § 161; L. 2014, ch. 115, § 68; L. 2015, ch. 100, § 8; Repealed, L. 2016, ch. 102, § 23; July 1.
(a) When the court has exercised jurisdiction over any juvenile the diagnostic, treatment or medical records shall be privileged and shall not be disclosed except:
(1) Upon the written consent of the former juvenile or, if the juvenile is under 18 years of age, by the parent of the juvenile;
(2) upon a determination by the head of the treatment facility, who has the records, that disclosure is necessary for the further treatment of the juvenile;
(3) when any court having jurisdiction of the juvenile orders disclosure;
(4) when authorized by K.S.A. 38-2316, and amendments thereto;
(5) when requested orally or in writing by any attorney representing the juvenile, but the records shall not be further disclosed by the attorney unless approved by the court or presented as admissible evidence;
(6) upon a written request of a juvenile intake and assessment worker in regard to a juvenile when the information is needed for screening and assessment purposes or placement decisions, but the records shall not be further disclosed by the worker unless approved by the court;
(7) upon a determination by the juvenile justice authority that disclosure of the records is necessary for further treatment of the juvenile; or
(8) upon a determination by the department of corrections that disclosure of the records is necessary for further treatment of the juvenile.
(b) Intentional violation of this section is a class C nonperson misdemeanor.
(c) Nothing in this section shall operate to extinguish any right of a juvenile established by attorney-client, physician-patient, psychologist-client or social worker-client privileges.
(d) Relevant information, reports and records shall be made available to the department of corrections upon request and a showing that the juvenile has been placed in the custody of the secretary of corrections.
History: L. 2006, ch. 169, § 11; January 1, 2007.
(a) Except as provided in subsections (b) and (c), any records or files specified in this code concerning a juvenile may be expunged upon application to a judge of the court of the county in which the records or files are maintained. The application for expungement may be made by the juvenile, if 18 years of age or older or, if the juvenile is less than 18 years of age, by the juvenile's parent or next friend.
(b) There shall be no expungement of records or files concerning acts committed by a juvenile which, if committed by an adult, would constitute a violation of K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and amendments thereto, murder in the first degree; K.S.A. 21-3402, prior to its repeal, or K.S.A. 21-5403, and amendments thereto, murder in the second degree; K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and amendments thereto, voluntary manslaughter; K.S.A. 21-3404, prior to its repeal, or K.S.A. 21-5405, and amendments thereto, involuntary manslaughter; K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and amendments thereto, capital murder; K.S.A. 21-3442, prior to its repeal, or K.S.A. 21-5405(a)(3) or (a)(5), and amendments thereto, involuntary manslaughter while driving under the influence of alcohol or drugs; K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto, rape; K.S.A. 21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments thereto, indecent liberties with a child; K.S.A. 21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments thereto, aggravated indecent liberties with a child; K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504(b), and amendments thereto, aggravated criminal sodomy; K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto, indecent solicitation of a child; K.S.A. 21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments thereto, aggravated indecent solicitation of a child; K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto, sexual exploitation of a child; K.S.A. 21-5514(a), and amendments thereto, internet trading in child pornography; K.S.A. 21-5514(b), and amendments thereto, aggravated internet trading in child pornography; K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-5604(b), and amendments thereto, aggravated incest; K.S.A. 21-3608, prior to its repeal, or K.S.A. 21-5601(a), and amendments thereto, endangering a child; K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto, abuse of a child; or which would constitute an attempt to commit a violation of any of the offenses specified in this subsection.
(c) Notwithstanding any other law to the contrary, for any offender who is required to register as provided in the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, there shall be no expungement of any conviction or any part of the offender's criminal record while the offender is required to register as provided in the Kansas offender registration act.
(d) When a petition for expungement is filed, the court shall set a date for a hearing on the petition and shall give notice thereof to the county or district attorney. The petition shall state: (1) The juvenile's full name; (2) the full name of the juvenile as reflected in the court record, if different than (1); (3) the juvenile's sex and date of birth; (4) the offense for which the juvenile was adjudicated; (5) the date of the trial; and (6) the identity of the trial court. Except as otherwise provided by law, a petition for expungement shall be accompanied by a docket fee in the amount of $176. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. All petitions for expungement shall be docketed in the original action. Any person who may have relevant information about the petitioner may testify at the hearing. The court may inquire into the background of the petitioner.
(e) (1) After hearing, the court shall order the expungement of the records and files if the court finds that:
(A) (i) The juvenile has reached 23 years of age or that two years have elapsed since the final discharge;
(ii) one year has elapsed since the final discharge for an adjudication concerning acts committed by a juvenile which, if committed by an adult, would constitute a violation of K.S.A. 21-6419, and amendments thereto; or
(iii) the juvenile is a victim of human trafficking, aggravated human trafficking or commercial sexual exploitation of a child, the adjudication concerned acts committed by the juvenile as a result of such victimization, including, but not limited to, acts which, if committed by an adult, would constitute a violation of K.S.A. 21-6203 or 21-6419, and amendments thereto, and the hearing on expungement occurred on or after the date of final discharge. The provisions of this clause shall not allow an expungement of records or files concerning acts described in subsection (b);
(B) since the final discharge of the juvenile, the juvenile has not been convicted of a felony or of a misdemeanor other than a traffic offense or adjudicated as a juvenile offender under the revised Kansas juvenile justice code and no proceedings are pending seeking such a conviction or adjudication; and
(C) the circumstances and behavior of the petitioner warrant expungement.
(2) The court may require that all court costs, fees and restitution shall be paid.
(f) Upon entry of an order expunging records or files, the offense which the records or files concern shall be treated as if it never occurred, except that upon conviction of a crime or adjudication in a subsequent action under this code the offense may be considered in determining the sentence to be imposed. The petitioner, the court and all law enforcement officers and other public offices and agencies shall properly reply on inquiry that no record or file exists with respect to the juvenile. Inspection of the expunged files or records thereafter may be permitted by order of the court upon petition by the person who is the subject thereof. The inspection shall be limited to inspection by the person who is the subject of the files or records and the person's designees.
(g) A certified copy of any order made pursuant to subsection (a) or (d) shall be sent to the Kansas bureau of investigation, which shall notify every juvenile or criminal justice agency which may possess records or files ordered to be expunged. If the agency fails to comply with the order within a reasonable time after its receipt, such agency may be adjudged in contempt of court and punished accordingly.
(h) The court shall inform any juvenile who has been adjudicated a juvenile offender of the provisions of this section.
(i) Nothing in this section shall be construed to prohibit the maintenance of information relating to an offense after records or files concerning the offense have been expunged if the information is kept in a manner that does not enable identification of the juvenile.
(j) Nothing in this section shall be construed to permit or require expungement of files or records related to a child support order registered pursuant to the revised Kansas juvenile justice code.
(k) Whenever the records or files of any adjudication have been expunged under the provisions of this section, the custodian of the records or files of adjudication relating to that offense shall not disclose the existence of such records or files, except when requested by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the request is accompanied by a statement that the request is being made in conjunction with an application for employment with such agency or operator by the person whose record has been expunged;
(3) a court, upon a showing of a subsequent conviction of the person whose record has been expunged;
(4) the secretary for aging and disability services, or a designee of the secretary, for the purpose of obtaining information relating to employment in an institution, as defined in K.S.A. 76-12a01, and amendments thereto, of the Kansas department for aging and disability services of any person whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of the expungement order;
(6) the Kansas lottery, and the request is accompanied by a statement that the request is being made to aid in determining qualifications for employment with the Kansas lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by the executive director of the Kansas lottery;
(7) the governor or the Kansas racing commission, or a designee of the commission, and the request is accompanied by a statement that the request is being made to aid in determining qualifications for executive director of the commission, for employment with the commission, for work in sensitive areas in parimutuel racing as deemed appropriate by the executive director of the commission or for licensure, renewal of licensure or continued licensure by the commission;
(8) the Kansas sentencing commission; or
(9) the Kansas bureau of investigation, for the purposes of:
(A) Completing a person's criminal history record information within the central repository in accordance with K.S.A. 22-4701 et seq., and amendments thereto; or
(B) providing information or documentation to the federal bureau of investigation, in connection with the national instant criminal background check system, to determine a person's qualification to possess a firearm.
(l) The provisions of subsection (k)(9) shall apply to all records created prior to, on and after July 1, 2011.
History: L. 2006, ch. 169, § 12; L. 2010, ch. 62, § 11; L. 2011, ch. 87, § 11; L. 2012, ch. 66, § 13; L. 2013, ch. 120, § 37; L. 2014, ch. 82, § 32; L. 2015, ch. 81, § 19; L. 2017, ch. 78, § 23; L. 2017, ch. 100, § 11; L. 2018, ch. 7, § 9; L. 2019, ch. 58, § 16; July 1.
History: L. 2006, ch. 169, § 12; L. 2010, ch. 62, § 11; L. 2011, ch. 30, § 162; L. 2011, ch. 100, § 13; Repealed, L. 2012, ch. 66, § 21; April 12.
History: L. 2006, ch. 169, § 12; L. 2010, ch. 62, § 11; L. 2011, ch. 95, § 12; Repealed, L. 2012, ch. 66, § 21; April 12.
Revisor's Note: Section was also repealed by L. 2014, ch. 82, § 44, but L. 2014, ch. 82 was held to be an invalid enactment, see Solomon v. State, 303 K. 512, 364 P.3d 536 (2015).
History: L. 2006, ch. 169, § 12; L. 2010, ch. 62, § 11; L. 2011, ch. 87, § 11; L. 2012, ch. 66, § 13; L. 2013, ch. 125, § 13; Repealed, L. 2014, ch. 82, § 44; Repealed, L. 2016, ch. 78, § 10; July 1.
(a) Fingerprints or photographs shall not be taken of any juvenile who is taken into custody for any purpose, except that:
(1) Fingerprints or photographs of a juvenile may be taken if authorized by a judge of the district court having jurisdiction;
(2) a juvenile's fingerprints shall be taken, and photographs of a juvenile may be taken, immediately upon taking the juvenile into custody or upon first appearance or in any event before final sentencing, before the court for an offense which, if committed by an adult, would constitute the commission of a felony, a class A or B misdemeanor or assault, as defined in K.S.A. 21-5412(a), and amendments thereto;
(3) fingerprints or photographs of a juvenile may be taken under K.S.A.
21-2501, and amendments thereto, if the juvenile has been: (A) Prosecuted as an adult pursuant to K.S.A. 38-2347, and amendments thereto; or (B) taken into custody for an offense described in K.S.A. 38-2302(s)(1) or (s)(2), and amendments thereto;
(4) fingerprints or photographs shall be taken of any juvenile admitted to a juvenile correctional facility; and
(5) photographs may be taken of any juvenile placed in a juvenile detention facility. Photographs taken under this paragraph shall be used solely by the juvenile detention facility for the purposes of identification, security and protection and shall not be disseminated to any other person or agency except after an escape and necessary to assist in apprehension.
(b) Fingerprints and photographs taken under subsection (a)(1) or (a)(2) shall be kept readily distinguishable from those of persons of the age of majority. Fingerprints and photographs taken under subsections (a)(3) and (a)(4) may be kept in the same manner as those of persons of the age of majority.
(c) Fingerprints and photographs of a juvenile shall not be sent to a state or federal repository, except that:
(1) Fingerprints and photographs may be sent to the state and federal repository if authorized by a judge of the district court having jurisdiction;
(2) a juvenile's fingerprints shall, and photographs of a juvenile may, be sent to the state and federal repository if taken under subsection (a)(2) or (a)(4); and
(3) fingerprints or photographs taken under subsection (a)(3) shall be processed and disseminated in the same manner as those of persons of the age of majority.
(d) Fingerprints or photographs of a juvenile may be furnished to another juvenile justice agency, as defined by K.S.A. 38-2325, and amendments thereto, if the other agency has a legitimate need for the fingerprints or photographs.
(e) Any fingerprints or photographs of an alleged juvenile offender taken under the provisions of K.S.A.
38-1611(a)(2), prior to its repeal, may be sent to a state or federal repository on or before December 31, 2006.
(f) Any law enforcement agency that willfully fails to submit any fingerprints or photographs required by this section shall be liable to the state for the payment of a civil penalty, recoverable in an action brought by the attorney general, in an amount not exceeding $500 for each report not made. Any civil penalty recovered under this subsection shall be paid into the state general fund.
(g) The director of the Kansas bureau of investigation shall adopt any rules and regulations necessary to implement, administer and enforce the provisions of this section, including time limits within which fingerprints shall be sent to a state or federal repository when required by this section.
(h) Nothing in this section shall preclude the custodian of a juvenile from authorizing photographs or fingerprints of the juvenile to be used in any action under the Kansas parentage act, K.S.A. 23-2201 et seq., and amendments thereto.
History: L. 2006, ch. 169, § 13; L. 2007, ch. 23, § 1; L. 2011, ch. 30, § 163; L. 2012, ch. 162, § 68; L. 2016, ch. 46, § 31; July 1.
(a)
Docket fee.
The docket fee for proceedings under this code, if one is assessed as provided by this section, shall be $34. Only one docket fee shall be assessed in each case. Except as provided further, the docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.
(b)
Expenses.
The expenses for proceedings under this code, including fees and mileage allowed witnesses and fees and expenses approved by the court for appointed attorneys, shall be paid by the board of county commissioners from the general fund of the county.
(c)
Assessment of docket fee and expenses.
(1)
Docket fee.
The docket fee may be assessed or waived by the court conducting the initial sentencing hearing and may be assessed against the juvenile or the parent of the juvenile. Any docket fee received shall be remitted to the state treasurer pursuant to K.S.A. 20-362, and amendments thereto.
(2)
Expenses.
Expenses may be waived or assessed against the juvenile or a parent of the juvenile. When expenses are recovered from a party against whom they have been assessed the general fund of the county shall be reimbursed in the amount of the recovery.
(3)
Prohibited assessment.
Docket fees or expenses shall not be assessed against the state, a political subdivision of the state, an agency of the state or of a political subdivision of the state or a person acting in the capacity of an employee of the state or of a political subdivision of the state.
(d)
Cases in which venue is transferred.
If venue is transferred from one county to another, the court from which the case is transferred shall send to the receiving court a statement of expenses paid from the general fund of the sending county. If the receiving court collects any of the expenses owed in the case, the receiving court shall pay to the sending court an amount proportional to the sending court's share of the total expenses owed to both counties. The expenses of the sending county shall not be an obligation of the receiving county except to the extent that the sending county's proportionate share of the expenses is collected by the receiving court. Unless otherwise ordered by the court, all amounts collected shall first be applied toward payment of restitution, then toward the payment of the docket fee.
History: L. 2006, ch. 169, § 14; L. 2008, ch. 95, § 10; L. 2009, ch. 116, § 18; L. 2010, ch. 62, § 12; L. 2011, ch. 87, § 12; L. 2012, ch. 66, § 14; L. 2013, ch. 125, § 14; L. 2015, ch. 81, § 20; L. 2017, ch. 80, § 16; L. 2019, ch. 58, § 17; July 1.
(a)
How paid.
(1) If a juvenile, subject to this code, is not eligible for assistance under K.S.A. 39-709, and amendments thereto, expenses for the care and custody of the juvenile shall be paid out of the general fund of the county in which the proceedings are initiated. Upon entry of a written order transferring venue pursuant to K.S.A. 38-2305, and amendments thereto, expenses shall be paid by the receiving county. For the purpose of this section, a juvenile who is a nonresident of the state of Kansas or whose residence is unknown shall have residence in the county where the proceedings are initiated.
(2) When the custody of a juvenile is awarded to the commissioner, the expenses for the care and custody of the juvenile from the date of custody forward shall not be paid out of the county general fund, except as provided in subsection (d) or K.S.A. 38-2373, and amendments thereto. In no event shall the payment authorized by this subsection exceed the state approved rate.
(3) Nothing in this section shall be construed to mean that any person shall be relieved of the legal responsibility to support a juvenile.
(b)
Reimbursement to county general fund.
(1) When expenses for the care and custody of a juvenile subject to this code have been paid out of the county general fund of any county in this state, the court may assess the expenses to the person who by law is liable to maintain, care for or support the juvenile and shall inform the person assessed the expenses of such person's right to a hearing. If a hearing is requested, it shall be granted and the court shall fix a time and place for hearing on the question of requiring payment or reimbursement of all or part of the expenses by a person who by law is liable to maintain, care for or support the juvenile.
(2) After notice to the person who by law is liable to maintain, care for or support the juvenile, the court, if requested, may hear and dispose of the matter and may enter an order relating to payment of expenses for care and custody of the juvenile. If the person willfully fails or refuses to pay the sum, the person may be adjudged in contempt of court and punished accordingly.
(3) Any county which makes payment to maintain, care for or support a juvenile subject to this code, may bring a separate action against a person who by law is liable to maintain, care for or support such juvenile for the reimbursement of expenses paid out of the county general fund for the care and custody of the juvenile.
(c)
Reimbursement to the commissioner.
When expenses for the care and custody of a juvenile subject to this code have been paid by the commissioner, the commissioner may recover the expenses as provided by law from any person who by law is liable to maintain, care for or support the juvenile. The commissioner shall have the power to compromise and settle any claim due or any amount claimed to be due to the commissioner from any person who by law is liable to maintain, care for or support the juvenile. The commissioner may contract with a state agency, contract with an individual or hire personnel to collect the reimbursements required under this subsection.
(d)
Interlocal agreements.
When a county has made an interlocal agreement to maintain, care for or support alleged juvenile offenders or juvenile offenders who are residents of another county and such other county is a party to the interlocal agreement with the county which performs the actual maintenance, care and support of the alleged juvenile offender or juvenile offender, such county of residence may pay from its county general fund to the other county whatever amount is agreed upon in the interlocal agreement irrespective of any amount paid or to be paid by the juvenile justice authority. The juvenile justice authority shall not diminish the amount it would otherwise reimburse any such county for maintaining, caring for and supporting any such juvenile because of any payment under such an interlocal agreement.
History: L. 2006, ch. 169, § 15; January 1, 2007.
(a)
Physical care and treatment.
(1) When the health or condition of a juvenile who is subject to the jurisdiction of the court requires it, the court may consent to hospital, medical, surgical or dental treatment or procedures including the release and inspection of medical or dental records.
(2) When the health or condition of a juvenile requires it and the juvenile has been placed in the custody of the commissioner or a person other than a parent or placed in or committed to a facility, the custodian or an agent designated by the custodian shall be the personal representative for the purpose of consenting to disclosure of otherwise protected health information and have authority to consent to hospital, medical, surgical or dental treatment or procedures including the release and inspection of medical or dental records, subject to terms and conditions the court considers proper. A juvenile or parent of a juvenile who is opposed to certain medical procedures authorized by this section may request an opportunity for a hearing thereon before the court. Subsequent to the hearing, the court may authorize or limit the performance of the proposed treatment subject to the terms and conditions the court considers proper. The provisions of this subsection shall also apply to juvenile felons, as defined in K.S.A. 38-16,112, prior to its repeal, and juveniles in the custody of the department of corrections pursuant to K.S.A. 38-2366, and amendments thereto, who have been placed in a juvenile correctional facility pursuant to K.S.A. 75-5206, and amendments thereto.
(3) Any health care provider, who in good faith renders hospital, medical, surgical or dental care or treatment to any juvenile after a consent has been obtained as authorized by this section, shall not be liable in any civil or criminal action for failure to obtain consent of a parent.
(4) Nothing in this section shall be construed to mean that any person shall be relieved of legal responsibility to provide care and support for a juvenile.
(b)
Mental care and treatment.
If it is brought to the court's attention, while the court is exercising jurisdiction over a juvenile under this code, that the juvenile may be a mentally ill person as defined in K.S.A. 59-2946, and amendments thereto, the court may:
(1) Direct or authorize the county or district attorney or the person supplying the information to file the petition provided for in K.S.A. 59-2957, and amendments thereto, and proceed to hear and determine the issues raised by the application as provided in the care and treatment act for mentally ill persons; or
(2) authorize the juvenile to seek voluntary admission to a treatment facility as provided in K.S.A. 59-2949, and amendments thereto.
The application to determine whether the juvenile is a mentally ill person may be filed in the same proceedings as the petition alleging the juvenile to be a juvenile offender or may be brought in separate proceedings. In either event, the court may enter an order staying any further proceedings under this code until all proceedings have been concluded under the care and treatment act for mentally ill persons.
History: L. 2006, ch. 169, § 16; January 1, 2007.
(a) As used in this section:
(1) "Adjudicated person" means a person found to be a juvenile offender or a person found not to be a juvenile offender because of mental disease or defect.
(2) "Laboratory confirmation" means positive test results from a confirmation test approved by the secretary of health and environment.
(3) "Sexual act" means contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva or the mouth and the anus. For purposes of this definition contact involving the penis occurs upon penetration, however slight.
(4) "Infectious disease test" means a test approved by the secretary of health and environment.
(5) "Body fluids" means blood, semen or vaginal secretions or any body fluid visibly contaminated with blood.
(6) "Infectious disease" means any disease communicable from one person to another through contact with bodily fluids.
(b) At the time of the first appearance before the court of a person charged with an offense involving a sexual act committed while the person was a juvenile, or in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, the judge shall inform the person or the parent or legal guardian of the person of the availability of infectious disease testing and counseling and shall cause each alleged victim of the offense and if the alleged victim is a minor, the parent, if any, to be notified that infectious disease testing and counseling are available.
(c) If the victim of the offense or if the victim is a minor, if the victim's parent requests the court to order infectious disease tests of the alleged offender or if the person charged with the offense stated to law enforcement officers that such person has an infectious disease or is infected with an infectious disease, or used words of like effect, the court shall order the person charged with the offense to submit to infectious disease tests.
(d) For any offense by an adjudicated person which the court determines, from the facts of the case, involved or was likely to have involved the transmission of body fluids from one person to another or involved a sexual act, the court: (1) May order the adjudicated person to submit to infectious disease tests; or (2) shall order the adjudicated person to submit to infectious disease tests if a victim of the offense, or the parent or legal guardian of the victim if the victim is a minor, requests the court to make such order. If an infectious disease test is ordered under this subsection, a victim who is an adult shall designate a health care provider or counselor to receive the information on behalf of the victim. If a victim is a minor, the parent or legal guardian of the victim shall designate the health care provider or counselor to receive the information. If testing for HIV or hepatitis B infection results in a negative reaction, the court shall order the adjudicated person to submit to another test for HIV or hepatitis B infection six months after the first test was administered.
(e) The results of infectious disease tests ordered under this section shall be disclosed to the court which ordered the test, to the adjudicated person, or the parent or legal guardian of the adjudicated person, and to each person designated under subsection (d) by a victim or by the parent or legal guardian of a victim. If infectious disease tests ordered under this section results in a laboratory confirmation, the results shall be reported to the secretary of health and environment and to: (1) The commissioner of juvenile justice, in the case of a juvenile offender or a person not adjudicated because of mental disease or defect, for inclusion in such offender's or person's medical file; or (2) the secretary of corrections, in the case of a person under 16 years of age who has been convicted as an adult, for inclusion in such person's medical file. The secretary of health and environment shall provide to each victim of the crime or sexual act, at the option of such victim, counseling regarding the human immunodeficiency virus and hepatitis B, testing for HIV or hepatitis B infection in accordance with K.S.A. 65-6001 et seq., and amendments thereto, and referral for appropriate health care and services.
(f) The costs of any counseling and testing provided under subsection (e) by the secretary of health and environment shall be paid from amounts appropriated to the department of health and environment for that purpose. The court shall order the adjudicated person to pay restitution to the department of health and environment for the costs of any counseling provided under this section and the costs of any test ordered or otherwise performed under this section.
(g) When a court orders an adjudicated person to submit to infectious disease tests under this section, the withdrawal of the blood may be performed only by: (1) A person licensed to practice medicine and surgery or a person acting under the supervision of any such licensed person; (2) a licensed professional nurse or a licensed practical nurse; or (3) a qualified medical technician. No person authorized by this subsection to withdraw blood, no person assisting in the performance of infectious disease tests nor any medical care facility where blood is withdrawn or tested that has been ordered by the court to withdraw or test blood shall be liable in any civil or criminal action when the test is performed in a reasonable manner according to generally accepted medical practices.
(h) The results of tests or reports, or information therein, obtained under this section shall be confidential and shall not be divulged to any person not authorized by this section or authorized in writing by the juvenile to receive the results or information. Any violation of this section is a class C nonperson misdemeanor.
History: L. 2006, ch. 169, § 17; L. 2008, ch. 169, § 21; July 1.
When there is a dispute with respect to parentage, the court may stay child support proceedings, if any are pending in the case, until the dispute is resolved by a separate action under the Kansas parentage act, K.S.A. 23-2201 et seq., and amendments thereto. Nothing in this section shall be construed to limit the power of the court to carry out the purposes of the revised Kansas juvenile justice code.
History: L. 2006, ch. 169, § 18; L. 2012, ch. 162, § 69; May 31.
(a) The court shall order child support unless good cause is shown why such support should not be ordered. In determining the amount of a child support order under the revised Kansas juvenile justice code, the court shall apply the Kansas child support guidelines adopted pursuant to K.S.A. 20-165, and amendments thereto.
(b) If necessary to carry out the intent of this section, the court may refer the matter to the secretary for children and families for child support enforcement.
History: L. 2006, ch. 169, § 19; L. 2014, ch. 115, § 69; July 1.
When child support is ordered pursuant to the revised Kansas juvenile justice code, a separate journal entry or judgment form shall be made for each parent ordered to pay child support. The journal entry or judgment form shall be entitled:
"In the matter of
(obligee's name)
and
(obligor's name)
"
and shall contain no reference to the official file or social file in the case except the facts necessary to establish personal jurisdiction over the parent, the name and date of birth of each child and findings of fact and conclusions of law directly related to the child support obligation. If the court issues an income withholding order for the parent, the order shall be captioned in the same manner.
History: L. 2006, ch. 169, § 20; January 1, 2007.
(a) A party entitled to receive child support under an order issued pursuant to the revised Kansas juvenile justice code may file with the clerk of the district court in the county in which the judgment was rendered the original child support order and the original income withholding order, if any. If the original child support or income withholding order is unavailable for any reason, a certified or authenticated copy of the order may be substituted. The clerk of the district court shall number the child support order as a case filed under chapter 60 of the Kansas Statutes Annotated, and amendments thereto, and enter the numbering of the case on the appearance docket of the case. Registration of a child support order under this section shall be without cost or docket fee.
(b) If the number assigned to a case under the revised Kansas juvenile justice code appears in the caption of a document filed pursuant to this section, the clerk of the district court may obliterate that number and replace it with the new case number assigned pursuant to this section.
(c) The filing of the child support order shall constitute registration under this section. Upon registration of the child support order, all matters related to that order, including, but not limited to, modification of the order, shall proceed under the new case number. Registration of a child support order under this section does not confer jurisdiction in the registration case for custody or parenting time issues.
(d) The party registering a child support order shall serve a copy of the registered child support order and income withholding order, if any, upon the parties by first-class mail. The party registering the child support order shall file, in the official file for each child affected, either a copy of the registered order showing the new case number or a statement that includes the caption, new case number and date of registration of the child support order.
(e) If the commissioner of juvenile justice is entitled to receive payment under an order which may be registered under this section, the county or district attorney shall take the actions permitted or required in subsections (a) and (d) on behalf of the commissioner, unless otherwise requested by the commissioner.
(f) A child support order registered pursuant to this section shall have the same force and effect as an original child support order entered under chapter 60 of the Kansas Statutes Annotated, and amendments thereto, including, but not limited to:
(1) The registered order shall become a lien on the real estate of the judgment debtor in the county from the date of registration;
(2) execution or other action to enforce the registered order may be had from the date of registration;
(3) the registered order may itself be registered pursuant to any law, including, but not limited to, the uniform interstate family support act, article 9 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto;
(4) if any installment of support due under the registered order becomes a dormant judgment, it may be revived pursuant to K.S.A. 60-2404, and amendments thereto; and
(5) the court shall have continuing jurisdiction over the parties and subject matter and, except as otherwise provided in subsection (g), may modify any prior support order when a material change in circumstances is shown irrespective of the present domicile of the child or parent. The court may make a modification of child support retroactive to a date at least one month after the date that the motion to modify was filed with the court.
(g) If a motion to modify the child support order is filed within three months after the date of registration pursuant to this section, if no motion to modify the order has previously been heard, and if the moving party shows that the support order was based upon a stipulation pursuant to subsection (b)(2) of K.S.A. 38-2319, and amendments thereto, the court shall apply the Kansas child support guidelines adopted pursuant to K.S.A. 20-165, and amendments thereto, without requiring any party to show that a material change of circumstances has occurred, without regard to any previous presumption or stipulation used to determine the amount of the child support order, and irrespective of the present domicile of the child or parent. Nothing in this subsection shall prevent or limit enforcement of the support order during the three months after the date of registration.
History: L. 2006, ch. 169, § 21; January 1, 2007.
The remedies provided in this code with respect to child support are in addition to and not in substitution for any other remedy.
History: L. 2006, ch. 169, § 22; January 1, 2007.
(a) In any case in which the commissioner pays for the expenses of care and custody of a juvenile pursuant to the code, an assignment of all past, present and future support rights of the juvenile in custody possessed by either parent or other person entitled to receive support payments for the juvenile is, by operation of law, conveyed to the commissioner. Such assignment shall become effective upon placement of a juvenile in the custody of the commissioner or upon payment of the expenses of care and custody of a juvenile by the commissioner without the requirement that any document be signed by the parent or other person entitled to receive support payments for the juvenile. When the commissioner pays for the expenses of care and custody of a juvenile or a juvenile is placed in the custody of the commissioner, the parent or other person entitled to receive support payments for the juvenile is also deemed to have appointed the commissioner, or the commissioner's designee, as attorney in fact to perform the specific act of negotiating and endorsing all drafts, checks, money orders or other negotiable instruments representing support payments received by the commissioner on behalf of the juvenile. This limited power of attorney shall be effective from the date the assignment to support rights becomes effective and shall remain in effect until the assignment of support rights has been terminated in full.
(b) If an assignment of support rights is deemed to have been made pursuant to subsection (a), support payments shall be made to the juvenile justice authority.
(c) If a court has ordered support payments to be made to an applicant for or recipient of financial assistance or other person whose support rights are assigned, the commissioner shall file a notice of the assignment with the court ordering the payments without the requirement that a copy of the notice be provided to the obligee or obligor. The notice shall not require the signature of the applicant, recipient or obligee on any accompanying assignment document. The notice shall include:
(1) A statement that the assignment is in effect;
(2) the name of any juvenile and the caretaker or other adult for whom support has been ordered by the court;
(3) the number of the case in which support was ordered; and
(4) a request that the payments ordered be made to the commissioner of juvenile justice.
(d) Upon receipt of the notice and without the requirement of a hearing or order, the court shall forward all support payments, including those made as a result of any garnishment, contempt, attachment, income withholding, income assignment or release of lien process, to the commissioner until the court receives notification of the termination of the assignment.
(e) If the claim of the commissioner for repayment of the costs of care and custody of a juvenile under the revised Kansas juvenile justice code is not satisfied when such aid is discontinued, the commissioner shall file a notice of partial termination of assignment of support rights with the court which will preserve the assignment in regard to unpaid support rights which were due and owing at the time of the discontinuance of such aid. A copy of the notice of the partial termination of the assignment need not be provided to the obligee or obligor. The notice shall include:
(1) A statement that the assignment has been partially terminated;
(2) the name of any juvenile and the caretaker or other adult for whom support has been ordered by the court;
(3) the number of the case in which support was ordered; and
(4) the date the assignment was partially terminated.
(f) Upon receipt of the notice and without the requirement of a hearing or order, the court shall forward to the commissioner all payments made to satisfy support arrearages due and owing as of the date the assignment of support rights was partially terminated until the court receives notification of the termination of the assignment.
(g) If the commissioner or the commissioner's designee has a notice of assignment of support rights pursuant to subsection (c) or a notice of partial termination of assignment of support rights pursuant to subsection (e) on file with the court ordering support payments, the commissioner shall be considered a necessary party in interest concerning any legal action to enforce, modify, settle, satisfy or discharge an assigned support obligation and, as such, shall be given notice by the party filing such action in accordance with the rules of civil procedure.
(h) Upon written notification by the commissioner's designee that assigned support has been collected pursuant to K.S.A. 44-718 or 75-6201 et seq., and amendments thereto, or section 464 of title IV, part D, of the federal social security act, or any other method of direct payment to the commissioner, the clerk of the court or other record keeper where the support order was established, shall enter the amounts collected by the commissioner in the court's payment ledger or other record to insure that the obligor is credited for the amounts collected.
(i) An assignment of support rights pursuant to subsection (a) shall remain in full force and effect so long as the commissioner is providing public assistance in accordance with a plan under which federal moneys are expended on behalf of the juvenile for the expenses of a juvenile in the commissioner's care or custody pursuant to the code. Upon discontinuance of all such assistance and support enforcement services, the assignment shall remain in effect as to unpaid support obligations due and owing at the time of the discontinuance of assistance until the claim of the commissioner for repayment of the unreimbursed portion of any assistance is satisfied. Nothing herein shall affect or limit the rights of the commissioner under an assignment of rights to payment for medical care from a third party pursuant to K.S.A. 40-2,161, and amendments thereto.
History: L. 2006, ch. 169, § 23; January 1, 2007.
(a) Except as provided in subsection (b), a juvenile's parent shall be liable to repay to the commissioner of juvenile justice, or any other person or entity who provides services pursuant to a court order issued under the code, any assistance expended on the juvenile's behalf, regardless of the specific program under which the assistance is or has been provided. Such services shall include, but not be limited to, probation, conditional release, aftercare supervision, case management and community corrections. When more than one person is legally obligated to support the juvenile, liability to the commissioner or other person or entity shall be joint and several. The commissioner or other person or entity shall have the power and authority to file a civil action in the name of the commissioner or other person or entity for repayment of the assistance, regardless of the existence of any other action involving the support of the juvenile.
(b) With respect to an individual parent, the provisions of subsection (a) shall not apply to:
(1) Assistance provided on behalf of any person other than the juvenile of the parent;
(2) assistance provided during a month in which the needs of the parent were included in the assistance provided to the juvenile; or
(3) assistance provided during a month in which the parent has fully complied with the terms of an order of support for the juvenile, if a court of competent jurisdiction has considered the issue of support. For the purposes of this subsection, if an order is silent on the issue of support, it shall not be presumed that the court has considered the issue of support. Amounts paid for a particular month pursuant to a judgment under this section shall be credited against the amount accruing for the same month under any other order of support for the juvenile, up to the amount of the current support obligation for that month.
(c) When the assistance provided during a month is on behalf of more than one person, the amount of assistance provided on behalf of one person for that month shall be determined by dividing the total assistance by the number of people on whose behalf assistance was provided.
(d) Actions authorized herein are in addition to and not in substitution for any other remedies.
History: L. 2006, ch. 169, § 24; January 1, 2007.
As used in K.S.A. 38-2326, and amendments thereto, unless the context otherwise requires:
(a) "Central repository" has the meaning provided by K.S.A. 22-4701, and amendments thereto.
(b) "Director" means the director of the Kansas bureau of investigation.
(c) "Juvenile offender information" means data relating to juveniles alleged or adjudicated to be juvenile offenders and offenses committed or alleged to have been committed by juveniles in proceedings pursuant to the Kansas juvenile code, the Kansas juvenile justice code or the revised Kansas juvenile justice code, including, but not limited to:
(1) Data related to the use of detention risk assessment tool;
(2) individual level data for juveniles on probation;
(3) costs for juveniles on probation;
(4) individual level data regarding juvenile filings;
(5) risk and needs assessment override data;
(6) violation data for juveniles on probation; and
(7) the following information for juveniles who enter into an immediate intervention plan:
(A) The number of juvenile offenders who were diverted at the point of initial law enforcement contact by juvenile intake and assessment, by the county or district attorney before filing with the court and by the county or district attorney after filing with the court;
(B) the number of notice to appear citations issued and the number of school-based notice to appear citations issued in each school district;
(C) new offense referrals to juvenile court or criminal court within three years of completion of an immediate intervention, release from court jurisdiction or release from agency custody;
(D) juvenile offender adjudications or child in need of care adjudications for a status offense or conviction by a criminal court within three years of completion of the immediate intervention, release from court jurisdiction or release from agency custody;
(E) the length of supervision for immediate interventions; and
(F) rates of immediate intervention completions and failures, including the reasons for such failures.
(d) "Juvenile justice agency" means any county or district attorney, law enforcement agency of this state or of any political subdivision of this state, court of this state or of a municipality of this state, administrative agency of this state or any political subdivision of this state, juvenile correctional facility or juvenile detention facility.
(e) "Reportable event" means:
(1) Issuance of a warrant to take a juvenile into custody;
(2) taking a juvenile into custody pursuant to this code;
(3) release of a juvenile who has been taken into custody pursuant to this code, without the filing of a complaint;
(4) dismissal of a complaint filed pursuant to this code;
(5) a trial in a proceeding pursuant to this code;
(6) a sentence in a proceeding pursuant to this code;
(7) commitment to or placement in a juvenile detention facility or juvenile correctional facility pursuant to this code;
(8) release or discharge from commitment or jurisdiction of the court pursuant to this code;
(9) escaping from commitment or absconding from placement pursuant to this code;
(10) entry of a mandate of an appellate court that reverses the decision of the trial court relating to a reportable event;
(11) an order authorizing prosecution as an adult;
(12) the issuance of an intake and assessment report;
(13) the report from a reception and diagnostic center; or
(14) any other event arising out of or occurring during the course of proceedings pursuant to this code and declared to be reportable by rules and regulations of the director.
History: L. 2006, ch. 169, § 25; L. 2016, ch. 46, § 32; July 1, 2017.
(a) In order to properly advise the three branches of government on the operation of the juvenile justice system, there is hereby established within and as a part of the central repository, a juvenile offender information system. The system shall serve as a repository of juvenile offender information which is collected by juvenile justice agencies and reported to the system.
(b) Except as otherwise provided by this subsection, every juvenile justice agency shall report juvenile offender information, whether collected manually or by means of an automated system, to the central repository, in accordance with rules and regulations adopted pursuant to this section. A juvenile justice agency shall report to the central repository those reportable events involving a violation of a county resolution or city ordinance only when required by rules and regulations adopted by the director.
(c) Reporting methods may include:
(1) Submission of juvenile offender information by a juvenile justice agency directly to the central repository;
(2) if the information can readily be collected and reported through the court system, submission to the central repository by the office of judicial administrator; or
(3) if the information can readily be collected and reported through juvenile justice agencies that are part of a geographically based information system, submission to the central repository by the agencies.
(d) The director may determine, by rules and regulations, the statutorily required reportable events to be reported by each juvenile justice agency, in order to avoid duplication in reporting.
(e) Juvenile offender information maintained in the juvenile offender information system is confidential and shall not be disseminated or publicly disclosed in a manner which enables identification of any individual who is a subject of the information, except that the information shall be open to inspection by law enforcement agencies of this state, by the Kansas department for children and families if related to an individual in the secretary's custody or control, by the juvenile justice authority if related to an individual in the commissioner's custody or control, by the department of corrections if related to an individual in the custody and control of the secretary of corrections, by educational institutions to the extent necessary to provide the safest possible environment for pupils and employees, by any educator to the extent necessary for the protection of the educator and pupils, by the officers of any public institution to which the individual is committed, by county and district attorneys, by attorneys for the parties to a proceeding under this code, by an intake and assessment worker or upon order of a judge of the district court or an appellate court. Such information shall reflect the offense level and whether such offense is a person or nonperson offense.
(f) Any journal entry of a trial of adjudication shall state the number of the statute under which the juvenile is adjudicated to be a juvenile offender and specify whether each offense, if done by an adult, would constitute a felony or misdemeanor, as defined in K.S.A. 21-5102, and amendments thereto.
(g) Any law enforcement agency that willfully fails to make any report required by this section shall be liable to the state for the payment of a civil penalty, recoverable in an action brought by the attorney general, in an amount not exceeding $500 for each report not made. Any civil penalty recovered under this subsection shall be paid into the state general fund.
(h) The director shall adopt any rules and regulations necessary to implement, administer and enforce the provisions of this section.
(i) The director shall develop incentives to encourage the timely entry of juvenile offender information into the central repository.
History: L. 2006, ch. 169, § 26; L. 2011, ch. 30, § 164; L. 2014, ch. 115, § 70; July 1.
An action under this code shall be commenced by filing a verified complaint with the court and the issuance of process on the complaint. It shall be the duty of each county or district attorney to prepare and file the complaint alleging a juvenile to be a juvenile offender and to prosecute the case.
History: L. 2006, ch. 169, § 27; January 1, 2007.
(a)
Complaint.
(1) The complaint shall be in writing and shall state:
(A) The name, date of birth and residence address of the alleged juvenile offender, if known;
(B) the name and residence address of the alleged juvenile offender's parent, if known, and, if no parent can be found, the name and address of the nearest known relative;
(C) the name and residence address of any persons having custody or control of the alleged juvenile offender;
(D) plainly and concisely the essential facts constituting the offense charged and, if the statement is drawn in the language of the statute, ordinance or resolution alleged to have been violated, it shall be considered sufficient; and
(E) for each count, the official or customary citation of the statute, ordinance or resolution which is alleged to have been violated, but error in the citation or its omission shall not be grounds for dismissal of the complaint or for reversal of an adjudication if the error or omission did not prejudice the juvenile.
(2) The proceedings shall be entitled: "In the matter of ____________, a juvenile."
(3) The complaint shall contain a request that parents be ordered to pay child support in the event the juvenile is removed from the home.
(4) The precise time of the commission of an offense need not be stated in the complaint, but it is sufficient if shown to have been within the statute of limitations, except where the time is an indispensable element of the offense.
(5) At the time of filing, the prosecuting attorney shall endorse upon the complaint the names of all known witnesses. The names of other witnesses that afterward become known to the prosecuting attorney may be endorsed at such times as the court prescribes by rule or otherwise.
(b)
Motions.
Motions may be made orally or in writing. The motion shall state with particularity the grounds for the motion and shall state the relief or order sought. Motions available in civil and criminal procedure are available to the parties under this code.
History: L. 2006, ch. 169, § 28; January 1, 2007.
A juvenile whose defense to the allegations in the complaint is that of alibi or mental disease or defect shall give written notice to the county or district attorney and the court of such juvenile's proposed defense not less than 14 days prior to the adjudicatory hearing. For good cause shown the court may allow such notice to be given at a later time. The notice shall include the names and addresses of witnesses that the juvenile plans to call to provide evidence in support of the defense. Upon receipt of the notice of the defense of mental disease or defect, the court may order an independent examination of and report on the juvenile.
History: L. 2006, ch. 169, § 29; L. 2010, ch. 135, § 50; July 1.
(a) A law enforcement officer may take a juvenile into custody when:
(1) Any offense has been or is being committed in the officer's view;
(2) the officer has a warrant commanding that the juvenile be taken into custody;
(3) the officer has probable cause to believe that a warrant or order commanding that the juvenile be taken into custody has been issued in this state or in another jurisdiction for an act committed therein;
(4) the officer has probable cause to believe that the juvenile is committing or has committed an act which, if committed by an adult, would constitute:
(A) A felony; or
(B) a misdemeanor and: (i) The juvenile will not be apprehended or evidence of the offense will be irretrievably lost unless the juvenile is immediately taken into custody; or (ii) the juvenile may cause injury to self or others or damage to property or may be injured unless immediately taken into custody;
(5) the officer has probable cause to believe that the juvenile has violated an order for electronic monitoring as a term of probation; or
(6) the officer receives a written statement pursuant to subsection (c).
(b) A court services officer, juvenile community corrections officer or other person authorized to supervise juveniles subject to this code, may take a juvenile into custody when: (1) There is a warrant commanding that the juvenile be taken into custody; or (2) the officer has probable cause to believe that a warrant or order commanding that the juvenile be taken into custody has been issued in this state or in another jurisdiction for an act committed therein.
(c) Any court services officer, juvenile community corrections officer or other person authorized to supervise juveniles subject to this code, may request a warrant by giving the court a written statement setting forth that the juvenile, in the judgment of the court services officer, juvenile community corrections officer or other person authorized to supervise juveniles subject to this code:
(1) (A) Has violated the condition of the juvenile's conditional release from detention or probation, for the third or subsequent time; and
(B) poses a significant risk of physical harm to another or damage to property; or
(2) has absconded from supervision.
(d) (1) A juvenile taken into custody by a law enforcement officer or other person authorized pursuant to subsection (b) shall be brought without unnecessary delay to the custody of the juvenile's parent or other custodian, unless there are reasonable grounds to believe that such action would not be in the best interests of the child or would pose a risk to public safety or property.
(2) If the juvenile cannot be delivered to the juvenile's parent or custodian, the officer may:
(A) Issue a notice to appear pursuant to subsection (g);
(B) contact or deliver the juvenile to an intake and assessment worker for completion of the intake and assessment process pursuant to K.S.A. 75-7023, and amendments thereto; or
(C) if the juvenile is determined to not be detention eligible based on a standardized detention risk assessment tool and is experiencing a behavioral health crisis, deliver a juvenile to a juvenile crisis intervention center, as described in K.S.A. 65-536, and amendments thereto, after written authorization by a community mental health center.
(3) It shall be the duty of the officer to furnish the county or district attorney and the juvenile intake and assessment worker if the officer has delivered the juvenile to the worker or issued a notice to appear consistent with subsection (g), with all of the information in the officer's possession pertaining to the juvenile, the juvenile's parent or other persons interested in or likely to be interested in the juvenile and all other facts and circumstances which caused the juvenile to be arrested or taken into custody.
(e) In the absence of a court order to the contrary, the court or officials designated by the court, the county or district attorney or the law enforcement agency taking a juvenile into custody shall direct the release prior to the time specified by K.S.A. 38-2343(a), and amendments thereto. In addition, pursuant to K.S.A. 75-7023 and K.S.A. 38-2346, and amendments thereto, a juvenile intake and assessment worker shall direct the release of a juvenile prior to a detention hearing after the completion of the intake and assessment process.
(f) Whenever a person 18 years of age or more is taken into custody by a law enforcement officer for an alleged offense which was committed prior to the time the person reached the age of 18, the officer shall notify and refer the matter to the court for proceedings pursuant to this code, except that the provisions of this code relating to detention hearings shall not apply to that person. If such person is eligible for detention, and all suitable alternatives to detention have been exhausted, the person shall be detained in jail. Unless the law enforcement officer took the person into custody pursuant to a warrant issued by the court and the warrant specifies the amount of bond or indicates that the person may be released on personal recognizance, the person shall be taken before the court of the county where the alleged act took place or, at the request of the person, the person shall be taken, without delay, before the nearest court. The court shall fix the terms and conditions of an appearance bond upon which the person may be released from custody. The provisions of article 28 of chapter 22 of the Kansas Statutes Annotated and K.S.A. 22-2901, and amendments thereto, relating to appearance bonds and review of conditions and release shall be applicable to appearance bonds provided for in this section.
(g) (1) Whenever a law enforcement officer detains any juvenile and such juvenile is not immediately taken to juvenile intake and assessment services, the officer may serve upon such juvenile a written notice to appear. Such notice to appear shall contain the name and address of the juvenile detained, the crime charged and the location and phone number of the juvenile intake and assessment services office where the juvenile will need to appear with a parent or guardian.
(2) The juvenile intake and assessment services office specified in such notice to appear must be contacted by the juvenile or a parent or guardian no more than 48 hours after such notice is given, excluding weekends and holidays.
(3) The juvenile detained, in order to secure release as provided in this section, must give a written promise to call within the time specified by signing the written notice prepared by the officer. The original notice shall be retained by the officer and a copy shall be delivered to the juvenile detained and that juvenile's parent or guardian if such juvenile is under 18 years of age. The officer shall then release the juvenile.
(4) The law enforcement officer shall cause to be filed, without unnecessary delay, a complaint with juvenile intake and assessment services in which a juvenile released pursuant to paragraph (3) is given notice to appear, charging the crime stated in such notice. A copy shall also be provided to the district or county attorney. If the juvenile released fails to contact juvenile intake and assessment services as required in the notice to appear, juvenile intake and assessment services shall notify the district or county attorney.
(5) The notice to appear served pursuant to paragraph (1) and the complaint filed pursuant to paragraph (4) may be provided to the juvenile in a single citation.
History: L. 2006, ch. 169, § 30; L. 2016, ch. 46, § 33; L. 2017, ch. 90, § 3; L. 2018, ch. 107, § 6; L. 2023, ch. 96, § 9; July 1.
(a) The court shall not enter an order removing a juvenile from the custody of a parent pursuant to this section unless the court first finds that a detention risk assessment conducted pursuant to K.S.A. 75-7023(d), and amendments thereto, has assessed the juvenile as detention-eligible or there are grounds to override the results of a detention risk assessment tool and the court finds probable cause that:
(1) Community-based alternatives to detention are insufficient to:
(A) Secure the presence of the juvenile at the next hearing as evidenced by a demonstrable record of recent failures to appear at juvenile court proceedings and an exhaustion of detention alternatives; or
(B) protect the physical safety of another person or property from serious threat if the juvenile is not detained; and
(2) The court shall state the basis for each finding in writing.
(b) Community-based alternatives to detention shall include, but not be limited to:
(1) Release on the youth's promise to appear;
(2) release to a parent, guardian or custodian upon the youth's assurance to secure such youth's appearance;
(3) release with the imposition of reasonable restrictions on activities, associations, movements and residence specifically related to securing the youth's appearance at the next court hearing;
(4) release to a voluntary community supervision program;
(5) release to a mandatory, court-ordered community supervision program;
(6) release with mandatory participation in an electronic monitoring program with minimal restrictions on the youth's movement; or
(7) release with mandatory participation in an electronic monitoring program allowing the youth to leave home only to attend school, work, court hearings or other court-approved activities.
(c) No juvenile shall be placed in a juvenile detention center solely due to:
(1) A lack of supervision alternatives or service options;
(2) a parent avoiding legal responsibility;
(3) a risk of self-harm;
(4) contempt of court;
(5) a violation of a valid court order; or
(6) technical violations of conditional release unless there is probable cause that the juvenile poses a significant risk of harm to others or damage to property or the applicable graduated responses or sanctions protocol allows such placement.
(d) No person 18 years of age or more shall be placed in a juvenile detention center.
History: L. 2006, ch. 169, § 31; L. 2011, ch. 30, § 165; L. 2012, ch. 69, § 1; L. 2016, ch. 46, § 34; January 1, 2017.
(a) No juvenile shall be detained or placed in any jail pursuant to the revised Kansas juvenile justice code except as provided by subsections (b), (c) and (d) and subject to K.S.A. 38-2330 and 38-2331, and amendments thereto.
(b) Upon being taken into custody, a juvenile may be detained temporarily in a jail, in quarters with sight and sound separation from adult prisoners, for the purpose of identifying and processing the juvenile and transferring the juvenile to a juvenile detention facility. If a juvenile is detained in jail under this subsection, the juvenile shall be detained only for the minimum time necessary, not to exceed six hours, and in no case overnight.
(c) The provisions of this section shall not apply to detention of a juvenile:
(1) (A) Against whom a motion has been filed requesting prosecution as an adult pursuant to K.S.A. 38-2347(a)(2), and amendments thereto; and (B) who has received the benefit of a detention hearing pursuant to K.S.A. 38-2331, and amendments thereto;
(2) whose prosecution as an adult or classification as an extended jurisdiction juvenile has been authorized pursuant to K.S.A. 38-2347, and amendments thereto; or
(3) who has been convicted previously as an adult under the code of criminal procedure or the criminal laws of another state or foreign jurisdiction.
(d) The provisions of this section shall not apply to the detention of any person 18 years of age or more who is taken into custody and is being prosecuted in accordance with the provisions of the revised Kansas juvenile justice code.
(e) The department of corrections or the department's contractor shall have authority to review jail records to determine compliance with the provisions of this section.
History: L. 2006, ch. 169, § 32; L. 2016, ch. 46, § 35; January 1, 2017.
(a) When the juvenile is less than 14 years of age, no admission or confession resulting from interrogation while in custody or under arrest may be admitted into evidence unless the confession or admission was made following a consultation between the juvenile's parent or attorney as to whether the juvenile will waive the right to an attorney and the right against self-incrimination. It shall be the duty of the facility where the juvenile has been delivered to make a reasonable effort to contact the parent immediately upon the juvenile's arrival unless the parent is the alleged victim or alleged codefendant of the crime under investigation.
(b) When a parent is the alleged victim or alleged codefendant of the crime under investigation and the juvenile is less than 14 years of age, no admission or confession may be admitted into evidence unless the confession or admission resulting from interrogation while in custody or under arrest was made following a consultation between the juvenile and an attorney, or a parent who is not involved in the investigation of the crime, as to whether the juvenile will waive the right to an attorney and the right against self-incrimination. It shall be the duty of the facility where the juvenile has been delivered to make reasonable effort to contact a parent who is not involved in the investigation of the crime immediately upon such juvenile's arrival.
(c) After an attorney has been appointed for the juvenile in the case, the parent may not waive the juvenile's rights.
History: L. 2006, ch. 169, § 33; January 1, 2007.
History: L. 2006, ch. 169, § 34; Repealed, L. 2016, ch. 46, § 70; July 1, 2017.
History: L. 2006, ch. 169, § 35; L. 2014, ch. 115, § 71; Repealed, L. 2016, ch. 46, § 70; July 1, 2017.
Upon the filing of a complaint under this code, the court shall proceed by one of the following methods:
(a) At any time the juvenile is not being detained, the court may issue summons with copies of the complaint attached stating the place of the hearing and time at which the juvenile is required to appear and answer the offenses charged in the complaint. The hearing shall be within 30 days of the date the complaint is filed. The summons and the complaint shall be delivered to a law enforcement agency or a person specially appointed to serve them.
(b) If the juvenile is being detained for a detention hearing as provided in K.S.A. 38-2343, and amendments thereto, at the detention hearing a copy of the complaint shall be served on the juvenile and each parent or other person with whom the juvenile has been residing who is in attendance at the hearing and a record of the service made a part of the proceedings. The court shall announce the time that the juvenile is ordered to appear again before the court for further proceedings. If no parent appears at the hearing, the court shall summon the parent or parents as provided in subsection (a).
(c) If the court is without sufficient information to accomplish service of summons, the court may issue a warrant pursuant to K.S.A. 38-2342, and amendments thereto.
History: L. 2006, ch. 169, § 36; January 1, 2007.
(a)
Persons upon whom served.
The summons and a copy of the complaint shall be served on the juvenile; if the juvenile's whereabouts are known, any person having legal custody of the juvenile; the person with whom the juvenile is residing; and any other person designated by the county or district attorney.
(b)
Form.
The summons shall be issued by the clerk, dated the day it is issued, contain the name of the court, the caption of the case and be in a form that complies with the code.
History: L. 2006, ch. 169, § 37; January 1, 2007.
(a) Summons, notice of hearing or other process may be served pursuant to K.S.A. 60-303, and amendments thereto, or as provided in subsection (b).
(b) Service may be made by first-class mail, addressed to the individual to be served at the usual place of residence of the person with postage prepaid, and is completed upon the person appearing before the court in response thereto. If the person fails to appear when served by first-class mail, the summons, notice or other process shall be pursuant to K.S.A. 60-303, and amendments thereto.
History: L. 2006, ch. 169, § 38; January 1, 2007.
Proof of service shall be made as follows:
(a)
Personal or residential service.
(1) Every officer to whom summons or other process shall be delivered for service within the state shall make written report of the place, manner and date of service of the process.
(2) If the process, by order of the court, is delivered to a person other than an officer for service, the person shall report the place, manner and time of service by affidavit.
(b)
Service by mail.
The clerk or a deputy clerk shall make service by mail and shall make a written report of the service.
(c)
Amendment of report.
The judge may allow an amendment of a report of service at any time and upon the terms as are deemed just to correctly reflect the true manner of service.
History: L. 2006, ch. 169, § 39; January 1, 2007.
(a)
Proceedings upon filing.
Upon the filing of a subsequent pleading requesting or indicating the necessity for a hearing, the court shall fix the time and place for the hearing.
(b)
Form of notice.
The notice of hearing shall be given by the clerk, dated the day it is issued, contain the name of the court and the caption in the case.
(c)
Method and report of service.
Notice of hearing and motions or other pleadings subsequent to the complaint shall be served and report of service shall be made in the same manner as service of the complaint and summons.
History: L. 2006, ch. 169, § 40; January 1, 2007.
(a) A party shall be entitled to the use of subpoenas and other compulsory process to obtain the attendance of witnesses. Except as otherwise provided by this code, the subpoenas and other compulsory process shall be issued and served and the disobedience thereof shall be punished in the same manner as in other civil cases.
(b) The court shall have the power to compel the attendance of witnesses from any county in the state and from out of state for proceedings under this code.
(c) Only witnesses who have been subpoenaed shall be allowed witness fees and mileage. No witness shall be entitled to be paid the fee or mileage before the witness' actual appearance at court.
History: L. 2006, ch. 169, § 41; January 1, 2007.
The court may issue a warrant commanding the juvenile be taken into custody if there is probable cause to believe: (a) That an offense was committed and it was committed by the juvenile; (b) the juvenile violated probation, conditional release, or conditions of release from detention for a third or subsequent time and the juvenile poses a significant risk of physical harm to another or damage to property; (c) the juvenile has escaped from a facility; or (d) the juvenile has absconded from supervision. The warrant shall designate where or to whom the juvenile is to be taken pursuant to K.S.A. 38-2330(d)(1), and amendments thereto, if the court is not open for the regular conduct of business. The warrant shall describe the offense or violation charged in the complaint or the applicable circumstances of the juvenile's absconding or escaping.
History: L. 2006, ch. 169, § 42; L. 2016, ch. 46, § 36; L. 2017, ch. 90, § 4; July 1.
(a)
Basis for extended detention; findings and placement.
Whenever a juvenile is taken into custody, the juvenile shall not remain in detention for more than 48 hours, excluding Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible, from the time the initial detention was imposed, unless the court determines after hearing, within the 48-hour period, that further detention is warranted based on the criteria in K.S.A. 38-2331, and amendments thereto.
(b) (1) If the juvenile is in custody on the basis of a new offense which would be a felony or misdemeanor if committed by an adult and no prior judicial determination of probable cause has been made, the court shall determine whether there is probable cause to believe that the juvenile has committed the alleged offense.
(2) In the absence of the necessary findings, the court shall order the juvenile released.
(c)
Waiver of detention hearing.
The detention hearing may be waived in writing by the juvenile and the juvenile's attorney with approval of the court. The right to a detention hearing may be reasserted in writing by the juvenile or the juvenile's attorney or parent at anytime not less than 48 hours prior to trial.
(d)
Notice of hearing.
Whenever it is determined that a detention hearing is required the court shall immediately set the time and place for the hearing. Except as otherwise provided by K.S.A. 38-2332(c)(1), and amendments thereto, notice of the detention hearing shall be given at least 24 hours prior to the hearing, unless waived.
When there is insufficient time to give written notice, oral notice may be given and is completed upon filing a certificate of oral notice with the clerk.
(e)
Attorney for juvenile.
At the time set for the detention hearing if no retained attorney is present to represent the juvenile, the court shall appoint an attorney, and may recess the hearing for 24 hours, excluding Saturdays, Sundays and legal holidays, to obtain attendance of the attorney appointed.
(f)
Hearing.
(1) The detention hearing is an informal procedure to which the ordinary rules of evidence do not apply. The court may consider affidavits, detention risk assessment tool results, professional reports and representations of counsel to make the necessary findings, if the court determines that these materials are sufficiently reliable.
(2) If probable cause to believe that the juvenile has committed an alleged offense is contested, the court shall allow the opportunity to present contrary evidence or information upon request.
(3) If the court orders the juvenile to be detained in a juvenile detention facility, the court shall record the specific findings of fact upon which the order is based, including any reasons for overriding a detention risk assessment tool score.
(g)
Rehearing.
(1) If detention is ordered and the parent was not notified of the hearing and did not appear and later requests a rehearing, the court shall rehear the matter without unnecessary delay.
(2) Within 14 days of the detention hearing, if the juvenile had not previously presented evidence regarding the determination of probable cause to believe that the juvenile has committed an offense, the juvenile may request a rehearing to contest the determination of probable cause to believe that the juvenile has committed an offense. The rehearing request shall identify evidence or information that the juvenile could not reasonably produce at the detention hearing. If the court determines that the evidence or information could not reasonably be produced at the detention hearing, the court shall rehear the matter without unnecessary delay.
(h)
Audio-video communications.
All hearings conducted pursuant to this section may be conducted by two-way electronic audio-video communication between the juvenile and the judge in lieu of personal presence of the juvenile or the juvenile's attorney in the courtroom from any location within Kansas in the discretion of the court. The juvenile may be accompanied by the juvenile's attorney during such proceedings or the juvenile's attorney may be personally present in court as long as a means of confidential communication between the juvenile and the juvenile's attorney is available.
(i)
Review hearing.
The court shall hold a detention review hearing at least every 14 days that a juvenile is in detention to determine if the juvenile should continue to be held in detention. The provisions of this subsection shall not apply if the juvenile is charged with a crime that, if committed by an adult, would constitute an off-grid felony or a nondrug severity level 1 through 4 person felony. The review hearings provided in this subsection are not required for a juvenile offender held in detention awaiting disposition in such juvenile offender's case pursuant to K.S.A. 38-2360(f), and amendments thereto.
History: L. 2006, ch. 169, § 43; L. 2010, ch. 135, § 51; L. 2012, ch. 69, § 2; L. 2016, ch. 46, § 37; L. 2018, ch. 52, § 1; July 1.
(a) When the juvenile appears without an attorney in response to a complaint, the court shall inform the juvenile of the following:
(1) The nature of the charges in the complaint;
(2) the right to hire an attorney of the juvenile's own choice;
(3) the duty of the court to appoint an attorney for the juvenile if no attorney is hired by the juvenile or parent;
(4) that the court may require the juvenile or parent to pay the expense of a court appointed attorney; and
(5) the right to be offered an immediate intervention pursuant to K.S.A. 38-2346, and amendments thereto.
Upon request the court shall give the juvenile or parent an opportunity to hire an attorney. If no request is made or the juvenile or parent is financially unable to hire an attorney, the court shall promptly appoint an attorney for the juvenile. The court shall afford the juvenile an opportunity to confer with the attorney before requiring the juvenile to plead to the allegations of the complaint.
(b) When the juvenile appears with an attorney in response to a complaint, the court shall require the juvenile to plead guilty, nolo contendere or not guilty to the allegations stated in the complaint, unless there is an application for and approval of an immediate intervention program. Prior to making this requirement, the court shall inform the juvenile of the following:
(1) The nature of the charges in the complaint;
(2) the right of the juvenile to be presumed innocent of each charge;
(3) the right to jury trial without unnecessary delay;
(4) the right to confront and cross-examine witnesses appearing in support of the allegations of the complaint;
(5) the right to subpoena witnesses;
(6) the right of the juvenile to testify or to decline to testify; and
(7) the sentencing alternatives the court may select as the result of the juvenile being adjudicated a juvenile offender.
(c) If the juvenile pleads guilty to the allegations contained in a complaint or pleads nolo contendere, the court shall determine, before accepting the plea and entering a sentence: (1) That there has been a voluntary waiver of the rights enumerated in subsections (b)(2), (3), (4), (5) and (6); and (2) that there is a factual basis for the plea.
(d) If the juvenile pleads not guilty, the court shall schedule a time and date for trial to the court.
(e) First appearance may be conducted by two-way electronic audio-video communication between the juvenile and the judge in lieu of personal presence of the juvenile or the juvenile's attorney in the courtroom from any location within Kansas in the discretion of the court. The juvenile may be accompanied by the juvenile's attorney during such proceedings or the juvenile's attorney may be personally present in court as long as a means of confidential communication between the juvenile and the juvenile's attorney is available.
History: L. 2006, ch. 169, § 44; L. 2011, ch. 60, § 4; L. 2016, ch. 46, § 38; January 1, 2017.
A plea of nolo contendere is a formal declaration that the juvenile does not contest the charge. When a plea of nolo contendere is accepted the court shall adjudicate the juvenile to be a juvenile offender. The plea cannot be used against the juvenile as an admission in any other action based on the same act.
History: L. 2006, ch. 169, § 45; January 1, 2007.
(a) Each director of juvenile intake and assessment services in collaboration with the county or district attorney shall adopt a policy and establish guidelines for an immediate intervention process by which a juvenile may avoid prosecution. The guidelines may include information on any offenders beyond those enumerated in subsection (b)(1) that shall be referred to immediate intervention. In addition to juvenile intake and assessment services adopting policies and guidelines for the immediate intervention process, the court, the county or district attorney, the director of the intake and assessment center and other relevant individuals or organizations, pursuant to a written agreement, shall collaboratively develop local programs to:
(1) Provide for the direct referral of cases to immediate intervention programs by the county or district attorney and the intake and assessment worker.
(2) Allow intake and assessment workers to issue a summons, as defined in subsection (e) and if juvenile intake and assessment services has adopted appropriate policies and guidelines, allow law enforcement officers to issue such a summons.
(3) Allow the intake and assessment centers and other immediate intervention program providers to directly purchase services for the juvenile and the juvenile's family.
(4) Allow intake and assessment workers to direct the release of a juvenile prior to a detention hearing after the completion of the intake and assessment process pursuant to K.S.A. 75-7023, and amendments thereto.
(b) (1) A juvenile who goes through the juvenile intake and assessment process pursuant to K.S.A. 75-7023, and amendments thereto, shall be offered the opportunity to participate in an immediate intervention program and avoid prosecution if the juvenile is charged with a misdemeanor that is not an offense described in article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or a violation of K.S.A. 21-5507, and amendments thereto, the juvenile has no prior adjudications, and the offer is made pursuant to the guidelines developed pursuant to this section. Participation in an immediate intervention program is not required to be offered to a juvenile who was originally charged with an offense which, if committed by an adult, would constitute a felony and, as a result of a plea agreement reached between the juvenile and prosecuting attorney, the charge has been amended to a misdemeanor. A juvenile who has participated in an immediate intervention program for a previous misdemeanor may, but is not required to, be offered participation in an immediate intervention program.
(2) A juvenile may also participate in an immediate intervention program if the juvenile is referred for immediate intervention by the county or district attorney pursuant to subsection (d).
(3) Any juvenile referred to immediate intervention by juvenile intake and assessment services shall, upon acceptance, work together with court services, community corrections, juvenile intake and assessment services or any other entity designated as a part of the written agreement in subsection (a) to develop an immediate intervention plan. Such plan may be supervised or unsupervised by any of the aforementioned entities. The county or district attorneys office shall not be required to supervise juveniles participating in an immediate intervention program.
(4) The immediate intervention plan shall last no longer than six months from the date of referral, unless the plan requires the juvenile to complete an evidence-based mental health or substance abuse program that extends beyond the six-month period. In such case, the plan may be extended up to two additional months.
(5) If the juvenile satisfactorily complies with the immediate intervention plan, such juvenile shall be discharged and the charges dismissed at the end of the time period specified in paragraph (4).
(6) If the juvenile fails to satisfactorily comply with the immediate intervention plan, the case shall be referred to a multidisciplinary team for review. The multidisciplinary team created pursuant to K.S.A. 38-2393, and amendments thereto, shall review the immediate intervention plan within seven days and may revise and extend such plan or terminate the case as successful. Such plan may be extended for no more than four additional months.
(7) If the juvenile fails to satisfactorily comply with the revised plan developed pursuant to paragraph (6), the intake and assessment worker, court services officer or community corrections officer overseeing the immediate intervention shall refer the case to the county or district attorney for consideration.
(c) The parent of a juvenile may be required to be a part of the immediate intervention program.
(d) For all juveniles that have fewer than two prior adjudications, the county or district attorney shall review the case upon receipt of a complaint to determine if the case should be referred for immediate intervention or whether alternative means of adjudication should be designated pursuant to K.S.A. 38-2389, and amendments thereto. The county or district attorney shall consider any recommendation of a juvenile intake and assessment worker, court services officer or community corrections officer.
(e) "Summons" means a written order issued by an intake and assessment worker or a law enforcement officer directing that a juvenile appear before a designated court at a stated time and place to answer a pending charge.
(f) A juvenile who is eligible for an immediate intervention shall not be denied participation in such a program or terminated unsuccessfully due to an inability to pay fees or other associated costs. Fees assessed from such a program shall be retained by the program and shall not be used for any purpose, except development and operation of the program.
(g) If a juvenile substantially complies with an immediate intervention program, charges in such juvenile's case shall not be filed.
(h) The policies and guidelines developed pursuant to subsection (a) shall adhere to standards and procedures for immediate intervention developed by the department of corrections pursuant to K.S.A. 38-2395, and amendments thereto, and be based on best practices.
(i) Nothing in this section shall require a juvenile to participate in an immediate intervention program when the county or district attorney has declined to continue with prosecution of an alleged offense.
History: L. 2006, ch. 169, § 46; L. 2012, ch. 150, § 45; L. 2016, ch. 46, § 39; L. 2017, ch. 90, § 5; July 1.
(a) (1) Except as otherwise provided in this section, at any time after commencement of proceedings under this code against a juvenile and prior to the beginning of an evidentiary hearing at which the court may enter a sentence as provided in K.S.A. 38-2356, and amendments thereto, the county or district attorney or the county or district attorney's designee may file a motion requesting that the court authorize prosecution of the juvenile as an adult under the applicable criminal statute. The juvenile shall be presumed to be a juvenile, and the presumption must be rebutted by a preponderance of the evidence. No juvenile less than 14 years of age shall be prosecuted as an adult.
(2) At any time after commencement of proceedings under this code against a juvenile offender for an offense which, if committed by an adult, would constitute an off-grid felony or a nondrug severity level 1 through 4 person felony, and prior to the beginning of an evidentiary hearing at which the court may enter a sentence as provided in K.S.A. 38-2356, and amendments thereto, the county or district attorney or the county or district attorney's designee may file a motion requesting that the court designate the proceedings as an extended jurisdiction juvenile prosecution.
(3) If the county or district attorney or the county or district attorney's designee files a motion to designate the proceedings as an extended jurisdiction juvenile prosecution, the burden of proof is on the prosecutor to prove the juvenile should be designated as an extended jurisdiction juvenile.
(b) (1) Upon receiving the motion, the court shall set a time and place for hearing. The court shall give notice of the hearing to the juvenile, each parent, if service is possible, and the attorney representing the juvenile. The motion shall be heard and determined prior to any further proceedings on the complaint.
(2) At the hearing, the court shall inform the juvenile of the following:
(A) The nature of the charges in the complaint;
(B) the right of the juvenile to be presumed innocent of each charge;
(C) the right to trial without unnecessary delay and to confront and cross-examine witnesses appearing in support of the allegations of the complaint;
(D) the right to subpoena witnesses;
(E) the right of the juvenile to testify or to decline to testify; and
(F) the sentencing alternatives the court may select as the result of the juvenile being prosecuted under an extended jurisdiction juvenile prosecution.
(c) If the juvenile fails to appear for hearing on the motion after having been served with notice of the hearing, the court may hear and determine the motion in the absence of the juvenile. If the court is unable to obtain service of process and give notice of the hearing, the court may hear and determine the motion in the absence of the alleged juvenile offender after having given notice of the hearing at least once a week for two consecutive weeks in the official county newspaper of the county where the hearing will be held.
(d) In determining whether or not prosecution as an adult should be authorized or designating the proceeding as an extended jurisdiction juvenile prosecution, the court shall consider each of the following factors:
(1) The seriousness of the alleged offense and whether the protection of the community requires prosecution as an adult or designating the proceeding as an extended jurisdiction juvenile prosecution;
(2) whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner;
(3) whether the offense was against a person or against property. Greater weight shall be given to offenses against persons, especially if personal injury resulted;
(4) the number of alleged offenses unadjudicated and pending against the juvenile;
(5) the previous history of the juvenile, including whether the juvenile had been adjudicated a juvenile offender under this code or the Kansas juvenile justice code and, if so, whether the offenses were against persons or property, and any other previous history of antisocial behavior or patterns of physical violence;
(6) the sophistication or maturity of the juvenile as determined by consideration of the juvenile's home, environment, emotional attitude, pattern of living or desire to be treated as an adult;
(7) whether there are facilities or programs available to the court which are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction under this code; and
(8) whether the interests of the juvenile or of the community would be better served by criminal prosecution or extended jurisdiction juvenile prosecution.
The insufficiency of evidence pertaining to any one or more of the factors listed in this subsection, in and of itself, shall not be determinative of the issue. Subject to the provisions of K.S.A. 38-2354, and amendments thereto, written reports and other materials relating to the juvenile's mental, physical, educational and social history may be considered by the court.
(e) (1) The court may authorize prosecution as an adult upon completion of the hearing if the court finds from a preponderance of the evidence that the alleged juvenile offender should be prosecuted as an adult for the offense charged. In that case, the court shall direct the alleged juvenile offender be prosecuted under the applicable criminal statute and that the proceedings filed under this code be dismissed.
(2) The court may designate the proceeding as an extended jurisdiction juvenile prosecution upon completion of the hearing if the court finds from a preponderance of the evidence that the juvenile should be prosecuted under an extended jurisdiction juvenile prosecution.
(3) After a proceeding in which prosecution as an adult is requested pursuant to subsection (a)(2), and prosecution as an adult is not authorized, the court may designate the proceedings to be an extended jurisdiction juvenile prosecution.
(4) A juvenile who is the subject of an extended jurisdiction juvenile prosecution shall have the right to a trial by jury, to the effective assistance of counsel and to all other rights of a defendant pursuant to the Kansas code of criminal procedure. Each court shall adopt local rules to establish the basic procedures for extended jurisdiction juvenile prosecution in such court's jurisdiction.
History: L. 2006, ch. 169, § 47; L. 2012, ch. 150, § 46; L. 2014, ch. 126, § 6; L. 2016, ch. 46, § 40; July 1.
(a) For the purpose of this section, a person charged as a juvenile is incompetent for adjudication as a juvenile offender if, because of mental illness or defect, such person is unable to:
(1) Understand the nature and purpose of the proceedings; or
(2) make or assist in making a defense.
Whenever the words "competent," "competency," "incompetent" and "incompetency" are used without qualification in this code, such words shall refer to the standard for incompetency described in this subsection.
(b) (1) If at any time after such person has been charged as a juvenile there is reason to believe that the juvenile is incompetent for adjudication as a juvenile offender, the proceedings shall be suspended and the court before whom the case is pending shall conduct a hearing to determine the competency of the juvenile. Such a hearing may be held upon the motion of the juvenile's attorney or the prosecuting attorney, or upon the court's own motion.
(2) The court shall determine the issue of competency. To facilitate in this determination, the court may: (A) Appoint a licensed psychiatrist or psychologist to examine the juvenile; or (B) designate a private or public mental health facility to conduct a psychiatric or psychological examination and report to the court. If the examining psychiatrist, psychologist or private or public mental health facility determines that further examination is necessary, the court may commit the juvenile for not more than 60 days to any appropriate public or private institution for examination and report to the court. For good cause shown, the commitment may be extended for another 60 days. No statement made by the juvenile in the course of any examination provided for by this section, whether the examination is with or without the consent of the juvenile, shall be admitted in evidence against the juvenile in any hearing.
(3) Unless the court finds the attendance of the juvenile would be injurious to the juvenile's health, the juvenile shall be present personally at all proceedings under this section.
(c) If the juvenile is found to be competent, the proceedings which have been suspended shall be resumed.
(d) If the juvenile is found to be incompetent, the juvenile shall remain subject to the jurisdiction of the court and shall be committed for evaluation and treatment pursuant to K.S.A. 38-2349 and 38-2350, and amendments thereto. One or both parents of the juvenile may be ordered to pay child support pursuant to the Kansas child support guidelines. Upon application of the juvenile and in the discretion of the court, the juvenile may be released to any appropriate private institution upon terms and conditions prescribed by the court.
(e) If at any time after proceedings have been suspended under this section, there are reasonable grounds to believe that a juvenile who has been adjudged incompetent is now competent, the court in which the case is pending shall conduct a hearing to determine the juvenile's present mental condition. Reasonable notice of the hearings shall be given to the prosecuting attorney, the juvenile and the juvenile's attorney of record, if any. If the court, following the hearing, finds the juvenile to be competent, the pending proceedings shall be resumed.
History: L. 2006, ch. 169, § 48; January 1, 2007.
(a) A juvenile who is found to be incompetent pursuant to K.S.A. 38-2348, and amendments thereto, shall be committed for evaluation and treatment to any appropriate public or private institution for a period not to exceed 90 days. Within 90 days of the juvenile's commitment to the institution, the chief medical officer of the institution shall certify to the court whether the juvenile has a substantial probability of attaining competency for hearing in the foreseeable future.
(b) If the chief medical officer of the institution certifies that a probability of attaining competency does exist, the court shall order the juvenile to remain in an appropriate public or private institution until the juvenile attains competency or for a period of six months from the date of the original commitment, whichever occurs first. If the juvenile does not attain competency within six months from the date of the original commitment, the court shall order the county or district attorney to commence proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto. If the juvenile appears to have attained competency, the institution shall promptly notify the court in which the case is pending. Upon notice the court shall hold a hearing to determine competency pursuant to subsection (e) of K.S.A. 38-2348, and amendments thereto.
(c) If the chief medical officer of the institution certifies that a probability of attaining competency does not exist, the court shall order the county or district attorney to commence proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2006, ch. 169, § 49; January 1, 2007.
(a) If, after proceedings as required by K.S.A. 38-2349, and amendments thereto, it is determined that a juvenile who has been found incompetent is not a mentally ill person subject to involuntary commitment for care and treatment as defined in subsection (f) of K.S.A. 59-2946, and amendments thereto, the juvenile shall remain in the institution where committed pursuant to K.S.A. 38-2348, and amendments thereto. The secretary for children and families shall promptly notify the court in which the proceedings are pending and the commissioner of the result of the proceedings. The court shall then proceed pursuant to subsection (c).
(b) If a juvenile has been found to be a mentally ill person and committed to a state psychiatric hospital for evaluation and treatment pursuant to K.S.A. 38-2349, and amendments thereto, but thereafter is to be discharged because such juvenile is not a mentally ill person subject to involuntary commitment for care and treatment as defined in subsection (f) of K.S.A. 59-2946, and amendments thereto, the treatment facility shall promptly notify the court in which the proceedings are pending that the juvenile is to be discharged. The court shall then proceed pursuant to subsection (c).
(c) Unless the court finds pursuant to subsection (c) of K.S.A. 38-2348, and amendments thereto, that the proceedings shall be resumed, within seven days after receiving notice pursuant to subsection (a) or (b), the court shall order the juvenile to be discharged from commitment and shall dismiss the charges without prejudice. The period of limitation for the prosecution for the crime charged shall not continue to run until the juvenile has been determined to have attained competency pursuant to subsection (e) of K.S.A. 38-2348, and amendments thereto.
History: L. 2006, ch. 169, § 50; L. 2010, ch. 135, § 52; L. 2014, ch. 115, § 72; July 1.
(a) Any parent or person with whom a juvenile resides who is served with a summons as provided in K.S.A. 38-2337, and amendments thereto, shall appear with the juvenile at all proceedings concerning the juvenile, unless excused by the court having jurisdiction of the matter.
(b) Any person required by this code to be present at all juvenile proceedings who fails to comply, without good cause, with the provisions of subsection (a) may be proceeded against for indirect contempt of court pursuant to the provisions of K.S.A. 20-1204a et seq., and amendments thereto.
(c) As used in this section, "good cause" for failing to appear includes, but is not limited to, a situation where a parent:
(1) Does not have physical custody of the juvenile and resides outside of Kansas;
(2) has physical custody of the juvenile, but resides outside of Kansas and appearing in court will result in undue hardship to such parent; or
(3) resides in Kansas, but is outside of the state at the time of the juvenile proceeding for reasons other than avoiding appearance before the court and appearing in court will result in undue hardship to such parent.
(d) If the parent of any juvenile cannot be found or fails to appear, the court may proceed with the case without the presence of such parent.
History: L. 2006, ch. 169, § 51; January 1, 2007.
All cases filed under the code shall be heard without unnecessary delay. Continuances may be granted to either party for good cause shown.
History: L. 2006, ch. 169, § 52; January 1, 2007.
(a) All hearings shall be open to the public, unless the judge determines that opening the hearing to the public is not in the best interests of the victim or of any juvenile who at the time of the alleged offense was less than 16 years of age.
(b) If the court determines that opening the court proceedings to the public is not in the best interest of the juvenile, the court may exclude all persons except the juvenile, the juvenile's parents, attorneys for parties, officers of the court, the witness testifying and the victim, as defined in subsection (b) of K.S.A. 74-7333, and amendments thereto, or such members of the victim's family, as defined in subsection (c)(2) of K.S.A. 74-7335, and amendments thereto, as the court deems appropriate. Upon agreement of all parties, the court shall allow other persons to attend the hearing unless the court finds the presence of the persons would be disruptive to the proceedings.
(c) As used in this section, "hearings" shall include detention, first appearance, adjudicatory, sentencing and all other hearings held under this code. Nothing in this section shall limit the judge's authority to sequester witnesses.
History: L. 2006, ch. 169, § 53; January 1, 2007.
Except as provided in K.S.A. 38-2343 and 38-2360, and amendments thereto, the rules of evidence of the code of civil procedure shall apply in all hearings pursuant to this code. The presiding judge shall not consider, read or rely upon any report not properly admitted according to the rules of evidence.
History: L. 2006, ch. 169, § 54; L. 2012, ch. 69, § 3; July 1.
In all proceedings on complaints pursuant to the code the state must prove beyond a reasonable doubt that the juvenile committed the act or acts charged in the complaint or a lesser included offense as defined in subsection (b) of section K.S.A. 21-5109, and amendments thereto.
History: L. 2006, ch. 169, § 55; L. 2011, ch. 30, § 166; July 1.
(a) If the court finds that the evidence fails to prove an offense charged or a lesser included offense as defined in subsection (b) of K.S.A. 21-5109, and amendments thereto, the court shall enter an order dismissing the charge.
(b) If the court finds that the juvenile committed the offense charged or a lesser included offense as defined in subsection (b) of K.S.A. 21-5109, and amendments thereto, the court shall adjudicate the juvenile to be a juvenile offender and may issue a sentence as authorized by this code.
(c) If the court finds that the juvenile committed the acts constituting the offense charged or a lesser included offense as defined in subsection (b) of K.S.A. 21-5109, and amendments thereto, but is not responsible because of mental disease or defect, the juvenile shall not be adjudicated as a juvenile offender and shall be committed to the custody of the secretary for aging and disability services and placed in a state hospital. The juvenile's continued commitment shall be subject to annual review in the manner provided by K.S.A. 22-3428a, and amendments thereto, for review of commitment of a defendant suffering from mental disease or defect, and the juvenile may be discharged or conditionally released pursuant to that section. The juvenile also may be discharged or conditionally released in the same manner and subject to the same procedures as provided by K.S.A. 22-3428, and amendments thereto, for discharge of or granting conditional release to a defendant found suffering from mental disease or defect. If the juvenile violates any conditions of an order of conditional release, the juvenile shall be subject to contempt proceedings and returned to custody as provided by K.S.A. 22-3428b, and amendments thereto.
(d) A copy of the court's order shall be sent to the school district in which the juvenile offender is enrolled or will be enrolled.
History: L. 2006, ch. 169, § 56; L. 2011, ch. 30, § 167; L. 2014, ch. 115, § 73; July 1.
(a)
Method of trial.
A juvenile is entitled to a trial by one of the following means:
(1) The trial of a felony or misdemeanor case shall be to the court unless the juvenile requests a jury trial in writing within 30 days from the date of the juvenile's entry of a plea of not guilty. The time requirement provided in this subsection regarding when a jury trial shall be requested may be waived in the discretion of the court upon a finding that imposing such a time requirement would cause undue hardship or prejudice to the juvenile.
(A) A jury in a felony case shall consist of 12 members. However, the parties may agree in writing, at any time before the verdict, with the approval of the court, that the jury shall consist of any number less than 12.
(B) A jury in a misdemeanor case shall consist of six members.
(C) When the trial is to a jury, questions of law shall be decided by the court and issues of fact shall be determined by the jury.
(D) Except as otherwise provided by law, the rules and procedures applicable to jury trials in felony cases shall apply to jury trials in misdemeanor cases.
(2) The trial of cigarette or tobacco infraction or traffic infraction cases shall be to the court.
(b)
Selection of jury panel.
(1) When a jury trial is held, the judge shall summon from the source and in the manner provided for the summoning of other petit jurors in the district court in the county. A sufficient number of jurors shall be called so that after the exercise of peremptory challenges, as provided in this section, there will remain a sufficient number of jurors to enable the court to cause 12 jurors to be sworn in felony cases and six jurors to be sworn in misdemeanor cases. When drawn, a list of prospective jurors and their addresses shall be filed in the office of the clerk of the court and shall be a public record. The qualifications of jurors and grounds for exemption from jury service in civil cases shall be applicable in juvenile trials, except as otherwise provided by law. An exemption from service on a jury is not a basis for challenge, but is the privilege of the person exempted.
(2) The county or district attorney and the juvenile's attorney shall conduct the examination of prospective jurors. The court may conduct an additional examination. The court may limit the examination by the juvenile's attorney or the county or district attorney if the court believes such examination to be harassment, is causing unnecessary delay or serves no useful purpose.
(3) Each party may challenge any prospective juror for cause. All challenges for cause must be made before the jury is sworn to try the case. Challenges for cause shall be tried by the court. A juror may be challenged for cause on any of the following grounds:
(A) The juror is related to the juvenile, or a person alleged to have been injured by the offense charged or the person on whose complaint the adjudication was begun, by consanguinity within the sixth degree, or is the spouse of any person so related.
(B) The juror is the attorney, client, employer, employee, landlord, tenant, debtor, creditor or a member of the household of the juvenile or a person alleged to have been injured by the offense charged or the person on whose complaint the adjudication was instituted.
(C) The juror is or has been a party adverse to the juvenile or the juvenile's parents in a civil action, or has complained against the juvenile in an adjudication or been accused by the juvenile in a criminal prosecution.
(D) The juror has served on a public body which has inquired into the events that are the subject of the adjudication or on any other investigatory body which inquired into the facts of the offense charged.
(E) The juror was a witness to the act or acts alleged to constitute the offense.
(F) The juror occupies a fiduciary relationship to the juvenile or the juvenile's parents or a person alleged to have been injured by the offense or the person on whose complaint the adjudication was instituted.
(G) The juror's state of mind with reference to the case or any of the parties is such that the court determines there is doubt that the juror can act impartially and without prejudice to the substantial rights of any party.
(4) Peremptory challenges shall be allowed as follows:
(A) Each juvenile charged with an offense which, if committed by an adult, would constitute:
(i) An off-grid felony or a nondrug or drug felony ranked at severity level 1 shall be allowed 12 peremptory challenges;
(ii) a nondrug felony ranked at severity level 2, 3, 4, 5 or 6, or a drug felony ranked at severity level 2 or 3, shall be allowed eight peremptory challenges;
(iii) an unclassified felony, a nondrug severity level 7, 8, 9 or 10, or a drug severity level 4 felony, shall be allowed six peremptory challenges; and
(iv) a misdemeanor shall be allowed three peremptory challenges.
(B) The state shall be allowed the same number of peremptory challenges as all juveniles.
(C) The most serious penalty offense charged against each juvenile furnishes the criterion for determining the allowed number of peremptory challenges for that juvenile.
(D) Additional peremptory challenges shall not be allowed when separate counts are charged in the complaint.
(5) After the parties have interposed all of their challenges to jurors, or have waived further challenges, the jury shall be sworn to try the case.
(6) A trial judge may empanel one or more alternate or additional jurors whenever, in the judge's discretion, the judge believes it advisable to have such jurors available to replace jurors who, prior to the time the jury retires to consider its verdict, become or are found to be unable to perform their duties. Such jurors shall be selected in the same manner, have the same qualifications and be subject to the same examination and challenges and take the same oath and have the same functions, powers and privileges as the regular jurors. Such jurors may be selected at the same time as the regular jurors or after the jury has been empaneled and sworn, in the judge's discretion. Each party shall be entitled to one peremptory challenge to such alternate jurors. Such alternate jurors shall be seated near the other jurors, with equal power and facilities for seeing and hearing the proceedings in the case, and they must attend at all times upon the trial of the cause in company with the other jurors. They shall obey the orders of and be bound by the admonition of the court upon each adjournment, but if the regular jurors are ordered to be kept in custody during the trial of the cause, such alternate jurors also shall be kept in confinement with the other jurors. Upon final submission of the case to the jury, the alternate jurors may be discharged or they may be retained separately and not discharged until the final decision of the jury. If the alternate jurors are not discharged on final submission of the case and if any regular juror shall be discharged from jury service in any such action prior to the jury reaching its verdict, the court shall draw the name of an alternate juror who shall replace the juror so discharged and be subject to the same rules and regulations as though such juror had been selected as one of the original jurors.
(7) Any objection to the manner in which a jury panel has been selected or drawn shall be raised by a motion to discharge the jury panel. The motion shall be made at least five days prior to the date set for trial if the names and addresses of the panel members and the grounds for objection thereto are known to the parties or can be learned by an inspection of the records of the clerk of the district court at that time; in other cases the motion must be made prior to the time when the jury is sworn to try the case. For good cause shown, the court may entertain the motion at any time thereafter. The motion shall be in writing and shall state facts which, if true, show that the jury panel was improperly selected or drawn. If the motion states facts which, if true, show that the jury panel was improperly selected or drawn, it shall be the duty of the court to conduct a hearing. The burden of proof shall be on the movant. If the court finds that the jury panel was improperly selected or drawn, the court shall order the jury panel discharged and the selection or drawing of a new panel in the manner provided by law.
(8) If a juror has personal knowledge of any fact material to the case, the juror must inform the court and shall not speak of such fact to other jurors out of court. If a juror has personal knowledge of a fact material to the case, gained from sources other than evidence presented at trial and shall speak of such fact to other jurors without the knowledge of the court or the juvenile, the juror may be adjudged in contempt and punished accordingly.
(c)
View of place of offense.
Whenever in the opinion of the court it is proper for the jurors to have a view of the place in which any material fact occurred, it may order them to be conducted in a body under the charge of an officer to the place, which shall be shown to them by some person appointed by the court for that purpose. They may be accompanied by the juvenile, the juvenile's attorney and the county or district attorney. While the jurors are thus absent, no person other than the officer and the person appointed to show them the place shall speak to them on any subject connected with the trial. The officer or person appointed to show them the place shall speak to the jurors only to the extent necessary to conduct them to and identify the place or thing in question.
(d)
Submission of case to the jury.
(1) At the close of the evidence, or at such earlier time during the trial as the judge reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests.
(A) The judge shall instruct the jury at the close of the evidence before argument and the judge, in the judge's discretion, after the opening statements, may instruct the jury on such matters as in the judge's opinion will assist the jury in considering the evidence as it is presented.
(B) The judge shall instruct the jury as to the offense charged and any lesser included offense in cases where there is some evidence which would reasonably justify an adjudication for some lesser included offense that is:
(i) A lesser degree of the same offense;
(ii) an offense where all elements of the lesser offense are identical to some of the elements of the offense charged;
(iii) an attempt to commit the offense charged; or
(iv) an attempt to commit an offense defined under subsection (d)(1)(B)(i) or (ii).
(C) The court shall pass upon the objections to the instructions and shall either give each instruction as requested or proposed or refuse to do so, or give the requested instruction with modification. All instructions given or requested must be filed as a part of the record of the case. The court reporter shall record all objections to the instructions given or refused by the court, together with modifications made, and the rulings of the court. No party may assign as error the giving or failure to give an instruction, including a lesser included offense instruction, unless the party objects thereto before the jury retires to consider its verdict. The attorney making the objection shall specify the matter to which the party objects and the basis of the objection unless the instruction or the failure to give an instruction is clearly erroneous. Opportunity shall be given to make the objections out of the hearing of the jury.
(2) When the jury has been instructed, unless the case is submitted to the jury on either side or on both sides without argument, the county or district attorney may commence and may conclude the argument. If there is more than one alleged juvenile offender, the court shall determine their relative order in presentation of evidence and argument. In arguing the case, comment may be made upon the law of the case as given in the instructions, as well as upon the evidence.
(e)
Motion for judgment of acquittal.
(1) The court on motion of a juvenile or on its own motion shall order the entry of judgment of acquittal of one or more offenses charged in the complaint after the evidence on either side is closed if the evidence is insufficient to sustain a finding of guilt for such offense or offenses. If a juvenile's motion for judgment of acquittal at the close of the evidence offered by the county or district attorney is not granted, the juvenile may offer evidence without having reserved the right.
(2) If a motion for judgment of acquittal is made at the close of all the evidence, the court may reserve decision on the motion, submit the case to the jury and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict.
(3) If the jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within seven days after the jury is discharged or within such further time as the court may fix during the seven-day period. If a verdict of guilty is returned, the court may on such motion set aside the verdict and enter judgment of acquittal. It shall not be necessary to the making of such a motion that a similar motion has been made prior to the submission of the case to the jury.
(f)
Jury deliberation.
(1) When the case is finally submitted to the jury, they shall retire for deliberation. They must be kept together in some convenient place under charge of a duly sworn officer until they agree upon a verdict, or are discharged by the court, subject to the discretion of the court to permit them to separate temporarily at night, and at their meals. The officer in charge of the jury shall not communicate to the jury, or allow any communications to be made to them, unless by order of the court; and before their verdict is rendered, the officer in charge of the jury shall not communicate to any person the state of their deliberations, or the verdict agreed upon. No person other than members of the jury shall be present in the jury room during deliberations.
(2) If the jury is permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with, or allow themselves to be addressed by any other person on any subject of the trial, and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them, and that such admonition shall apply to every subsequent separation of the jury.
(3) After the jury has retired for deliberation, if they desire to be informed as to any part of the law or evidence arising in the case, they may request the officer to conduct them to the court, where the information on the point of the law shall be given, or the evidence shall be read or exhibited to them in the presence of the juvenile, unless the juvenile is voluntarily absent, and the juvenile's attorney, after notice to the county or district attorney.
(4) The jury may be discharged by the court on account of the sickness of a juror or other accident or calamity, or other necessity to be found by the court requiring their discharge, or by consent of both parties, or after they have been kept together until it satisfactorily appears that there is no probability of their agreeing.
(g)
Verdict, procedure.
The verdict shall be written, signed by the presiding juror and read by the clerk to the jury, and the inquiry made whether it is the jury's verdict. If any juror disagrees, the jury must be sent out again; but if no disagreement is expressed, and neither party requires the jury to be polled, the verdict is complete and the jury discharged from the case. If the verdict is defective in form only, it may be corrected by the court, with the assent of the jury, before it is discharged.
(h)
Mistrials.
(1) The trial court may terminate the trial and order a mistrial at any time that the court finds termination is necessary because:
(A) It is physically impossible to proceed with the trial in conformity with the law;
(B) there is a legal defect in the proceedings which would make any judgment entered upon a verdict reversible as a matter of law and the juvenile requests or consents to the declaration of a mistrial;
(C) prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to either the juvenile or the state;
(D) the jury is unable to agree upon a verdict;
(E) false statements of a juror on voir dire prevent a fair trial; or
(F) the trial has been interrupted pending a determination of the juvenile's competency to stand trial.
(2) When a mistrial is ordered, the court shall direct that the case be retained on the docket for trial or such other proceedings as may be proper and that the juvenile may be held in custody pending such further proceedings pursuant to this code.
History: L. 2006, ch. 169, § 57; L. 2011, ch. 60, § 5; July 1.
(a) In any proceeding pursuant to the code in which a child less than 13 years of age is alleged to be a victim of the offense, a recording of an oral statement of the child, made before the proceeding began, is admissible in evidence if:
(1) The court determines that the time, content and circumstances of the statement provide sufficient indicia of reliability;
(2) no attorney for any party is present when the statement is made;
(3) the recording is both visual and aural and is recorded on film or videotape or by other electronic means;
(4) the recording equipment is capable of making an accurate recording, the operator of the equipment is competent and the recording is accurate and has not been altered;
(5) the statement is not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the child's statement and not made solely as a result of a leading or suggestive question;
(6) every voice on the recording is identified;
(7) the person conducting the interview of the child in the recording is present at the proceeding and is available to testify or be cross-examined by any party;
(8) each party to the proceeding is afforded an opportunity to view the recording before it is offered into evidence, and a copy of a written transcript is provided to the parties; and
(9) the child is available to testify.
(b) If a recording is admitted in evidence under this section, any party to the proceeding may call the child to testify and be cross-examined, either in the courtroom or as provided by K.S.A. 38-2359, and amendments thereto.
History: L. 2006, ch. 169, § 58; January 1, 2007.
(a) On motion of the attorney for any party to a proceeding pursuant to the Kansas juvenile offenders code in which a child less than 13 years of age is alleged to be a victim of the offense, the court may order that the testimony of the child be taken:
(1) In a room other than the courtroom and be televised by closed-circuit equipment in the courtroom to be viewed by the court and the finder of fact in the proceeding; or
(2) outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact in the proceeding if: (A) The recording is both visual and aural and is recorded on film or videotape or by other electronic means; (B) the recording equipment is capable of making an accurate recording, the operator of the equipment is competent and the recording is accurate and has not been altered; (C) every voice on the recording is identified; and (D) each party to the proceeding is afforded an opportunity to view the recording before it is shown in the courtroom, and a copy of a written transcript is provided to the parties. The state must establish by clear and convincing evidence that to require the child who is the alleged victim to testify in open court will so traumatize the child as to prevent the child from reasonably communicating to the jury or render the child unavailable to testify. The court shall make such an individualized finding before the state is permitted to proceed under this section.
(b) At the taking of testimony under this section:
(1) Only the attorneys for the juvenile, the state and the child; any person whose presence would contribute to the welfare and well-being of the child; and persons necessary to operate the recording or closed-circuit equipment may be present in the room with the child during the child's testimony;
(2) only the attorneys may question the child;
(3) the persons operating the recording or closed-circuit equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the child during the child's testimony but does not permit the child to see or hear them; and
(4) the court shall permit the juvenile to observe and hear the testimony of the child in person, but shall ensure that the child cannot hear or see the juvenile.
(c) If the testimony of a child is taken as provided by this section, the child shall not be compelled to testify in court during the proceeding.
(d) (1) Any objection by any party to the proceeding that the recording under subsection (a)(2) is inadmissible must be made by written motion filed with the court at least seven days before the commencement of the proceeding. An objection under this subsection shall specify the portion of the recording which is objectionable and the reasons for the objection. Failure to file an objection within the time provided by this subsection shall constitute waiver of the right to object to the admissibility of the recording unless the court, in its discretion, determines otherwise.
(2) The provisions of this subsection shall not apply to any objection to admissibility for the reason that the recording has been materially altered.
History: L. 2006, ch. 169, § 59; January 1, 2007.
(a) At any time after the juvenile has been adjudicated to be a juvenile offender, the court shall order one or more of the tools described in this subsection to be submitted to assist the court unless the court finds that adequate and current information from a risk and needs assessment is available from a previous investigation, report or other sources:
(1) An evaluation and written report by a mental health or a qualified professional stating the psychological or emotional development or needs of the juvenile. The court also may order a report from any mental health or qualified professional who has previously evaluated the juvenile stating the psychological or emotional development needs of the juvenile. If the court orders an evaluation as provided in this section, a parent of the juvenile shall have the right to obtain an independent evaluation at the expense of the parent. If the evaluation indicates that the juvenile requires acute inpatient mental health or substance abuse treatment, the court shall have the authority to compel an assessment by the secretary for aging and disability services. The court may use the results to inform a treatment and payment plan according to the same eligibility process used for non-court-involved youth.
(2) A report of the medical condition and needs of the juvenile. The court also may order a report from any physician who has been attending the juvenile, stating the diagnosis, condition and treatment afforded the juvenile.
(3) An educational needs assessment of the juvenile from the chief administrative officer of the school which the juvenile attends or attended to provide to the court information that is readily available which the school officials feel would properly indicate the educational needs of the juvenile. The educational needs assessment may include a meeting involving any of the following: (A) The juvenile's parents; (B) the juvenile's teacher or teachers; (C) the school psychologist; (D) a school special services representative; (E) a representative of the commissioner; (F) the juvenile's court appointed special advocate; (G) the juvenile's foster parents or legal guardian; and (H) other persons that the chief administrative officer of the school, or the officer's designee, deems appropriate.
(4) Any other presentence investigation and report from a court services officer which includes: (A) The circumstances of the offense; (B) the attitude of the complainant, victim or the victim's family; (C) the record of juvenile offenses; (D) the social history of the juvenile; and (E) the present condition of the juvenile. Except where specifically prohibited by law, all local governmental public and private educational institutions and state agencies shall furnish to the officer conducting the predispositional investigation the records the officer requests. Predispositional investigations shall contain other information prescribed by the court.
(5) The court in its discretion may direct that the parents submit a domestic relations affidavit.
(b) A summary of the results from a risk and needs assessment shall be provided to the court post-adjudication, predisposition and used to inform supervision levels. A single, uniform risk and needs assessment shall be adopted by the office of judicial administration and the department of corrections to be used in all judicial districts. The office of judicial administration and the secretary of corrections shall establish cutoff scores determining risk levels of juveniles. Training on such risk and needs assessment shall be required for all administrators of the assessment. Data shall be collected on the results of the assessment to inform a validation study on the Kansas juvenile justice population to be conducted by June 30, 2020.
(c) Expenses for post adjudication tools may be waived or assessed pursuant to K.S.A. 38-2314(c)(2), and amendments thereto.
(d) Except as otherwise prohibited by law or policy, the court shall make any of the reports ordered pursuant to subsection (a) available to the attorneys and shall allow the attorneys a reasonable time to review the report before ordering the sentencing of the juvenile offender.
(e) At any time prior to sentencing, the judge, at the request of a party, shall hear additional evidence as to proposals for reasonable and appropriate sentencing of the case.
(f) If a juvenile is being held in detention, a dispositional hearing to sentence the juvenile offender shall take place within 45 days after such juvenile offender has been adjudicated.
History: L. 2006, ch. 169, § 60; L. 2014, ch. 126, § 7; L. 2016, ch. 46, § 41; L. 2018, ch. 52, § 2; July 1.
(a) Upon adjudication as a juvenile offender pursuant to K.S.A. 38-2356, and amendments thereto, modification of sentence pursuant to K.S.A. 38-2367, and amendments thereto, or violation of a condition of sentence pursuant to K.S.A. 38-2368, and amendments thereto, the court may impose one or more of the following sentencing alternatives for a fixed period pursuant to K.S.A. 38-2369 and 38-2391, and amendments thereto.
(1) Place the juvenile on probation for a fixed period pursuant to K.S.A. 38-2391, and amendments thereto, subject to terms and conditions the court deems appropriate consistent with juvenile justice programs in the community. Any juvenile placed on probation shall be supervised according to the juvenile's risk and needs as determined by a risk and needs assessment. Placement of juvenile offenders to community corrections for probation supervision shall be limited to offenders adjudicated for an offense that are determined to be moderate-risk, high-risk or very high-risk on a risk and needs assessment using the cutoff scores established by the secretary pursuant to K.S.A. 38-2360, and amendments thereto.
(2) Order the juvenile to participate in a community based program available in such judicial district subject to the terms and conditions the court deems appropriate. This alternative shall not be ordered with the alternative in paragraph (11). Requirements pertaining to child support may apply if custody is vested with other than a parent.
(3) Place the juvenile in the custody of a parent or other suitable person, which is not a group home or other facility licensed pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, subject to terms and conditions consistent with juvenile justice programs in the community. This alternative shall not be ordered with the alternative in paragraph (11). Requirements pertaining to child support may apply if custody is vested with other than a parent.
(4) Order the juvenile to attend counseling, educational, mediation or other sessions, or to undergo a drug evaluation pursuant to subsection (b).
(5) Suspend or restrict the juvenile's driver's license or privilege to operate a motor vehicle on the streets and highways of this state pursuant to subsection (c).
(6) Order the juvenile to perform charitable or community service work.
(7) Order the juvenile to make appropriate reparation or restitution pursuant to subsection (d).
(8) Order the juvenile to pay a fine not exceeding $1,000 pursuant to subsection (e).
(9) Place the juvenile under a house arrest program administered by the court pursuant to K.S.A. 21-6609, and amendments thereto.
(10) Place the juvenile in the custody of the secretary of corrections as provided in K.S.A. 38-2365, and amendments thereto. This alternative shall not be ordered with the alternative in paragraph (3) or (12). Except for mandatory drug and alcohol evaluation, when this alternative is ordered with alternatives in paragraphs (2), (4) and (9), such orders shall constitute a recommendation by the court. Requirements pertaining to child support shall apply under this alternative. The provisions of this paragraph shall expire on January 1, 2018.
(11) Upon a violation of a condition of sentence, other than a technical violation pursuant to K.S.A. 38-2368, and amendments thereto, commit the juvenile to detention for a period no longer than 30 days subject to the provisions of subsection (g).
(12) If the judge finds and enters into the written record that the juvenile poses a significant risk of harm to another or damage to property, and the juvenile is otherwise eligible for commitment pursuant to K.S.A. 38-2369, and amendments thereto, commit the juvenile directly to the custody of the secretary of corrections for placement in a juvenile correctional facility or a youth residential facility. Placement in a youth residential facility shall only be permitted as authorized in K.S.A. 38-2369(e), and amendments thereto. If the court elects, a period of conditional release pursuant to K.S.A. 38-2369, and amendments thereto, may also be ordered. The period of conditional release shall be limited to a maximum of six months and shall be subject to graduated responses. Twenty-one days prior to the juvenile's release from a juvenile correctional facility, the secretary of corrections or designee shall notify the court of the juvenile's anticipated release date. This alternative may be ordered with the alternative in paragraph (7). Requirements pertaining to child support shall apply under this alternative.
(13) Upon a finding by the trier of fact during adjudication that a firearm was used in the commission of an offense by the accused which, if committed by an adult, would constitute a felony, a judge may commit the juvenile directly to the custody of the secretary of corrections for placement in a juvenile correctional facility or youth residential facility for a minimum term of six months and up to a maximum term of 18 months, regardless of the risk level of such juvenile as determined by a risk and needs assessment. If the juvenile is committed to the custody of the secretary, and the court elects, a period of conditional release, pursuant to K.S.A. 38-2369, and amendments thereto, may also be ordered. The period of conditional release shall be limited to a maximum of six months and shall be subject to graduated responses. Twenty-one days prior to the juvenile's release from a juvenile correctional facility or youth residential facility, the secretary of corrections or the secretary's designee shall notify the court of the juvenile's anticipated release date.
(b) If the court orders the juvenile to attend counseling, educational, mediation or other sessions, or to undergo a drug and alcohol evaluation pursuant to subsection (a)(4), the following provisions apply:
(1) The court may order the juvenile offender to participate in counseling or mediation sessions or a program of education, including placement in an alternative educational program approved by a local school board. The costs of any counseling or mediation may be assessed as expenses in the case. No mental health center shall charge a fee for court-ordered counseling greater than what the center would have charged the person receiving the counseling if the person had requested counseling on the person's own initiative. No mediator shall charge a fee for court-ordered mediation greater than what the mediator would have charged the person participating in the mediation if the person had requested mediation on the person's own initiative. Mediation may include the victim but shall not be mandatory for the victim; and
(2) if the juvenile has been adjudicated to be a juvenile by reason of a violation of a statute that makes such a requirement, the court shall order and, if adjudicated for any other offense, the court may order the juvenile to submit to and complete a drug and alcohol evaluation by a community-based drug and alcohol safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. The court may waive the mandatory evaluation if the court finds that the juvenile completed a drug and alcohol evaluation, approved by the community-based alcohol and drug safety action program, within 12 months before sentencing. If the evaluation occurred more than 12 months before sentencing, the court shall order the juvenile to resubmit to and complete the evaluation and program as provided herein. If the court finds that the juvenile and those legally liable for the juvenile's support are indigent, the court may waive the fee. In no event shall the fee be assessed against the secretary of corrections or the department of corrections nor shall the fee be assessed against the secretary of the department for children and families or the Kansas department for children and families if the juvenile is in the secretary's care, custody and control.
(c) If the court orders suspension or restriction of a juvenile offender's driver's license or privilege to operate a motor vehicle on the streets and highways of this state pursuant to subsection (a)(5), the following provisions apply:
(1) The duration of the suspension ordered by the court shall be for a definite time period to be determined by the court. Upon suspension of a license pursuant to this subsection, the court shall require the juvenile offender to surrender the license to the court. The court shall transmit the license to the division of motor vehicles of the department of revenue, to be retained until the period of suspension expires. At that time, the licensee may apply to the division for return of the license. If the license has expired, the juvenile offender may apply for a new license, which shall be issued promptly upon payment of the proper fee and satisfaction of other conditions established by law for obtaining a license unless another suspension or revocation of the juvenile offender's privilege to operate a motor vehicle is in effect. As used in this subsection, "highway" and "street" have the meanings provided by K.S.A. 8-1424 and 8-1473, and amendments thereto. Any juvenile offender who does not have a driver's license may have driving privileges revoked. No Kansas driver's license shall be issued to a juvenile offender whose driving privileges have been revoked pursuant to this section for a definite time period to be determined by the court; and
(2) in lieu of suspending a juvenile offender's driver's license or privilege to operate a motor vehicle on the highways of this state, the court may enter an order which places conditions on the juvenile offender's privilege of operating a motor vehicle on the streets and highways of this state, a certified copy of which the juvenile offender shall be required to carry any time the juvenile offender is operating a motor vehicle on the streets and highways of this state. The order shall prescribe a definite time period for the conditions imposed. Upon entering an order restricting a juvenile offender's license, the court shall require the juvenile offender to surrender such juvenile offender's license to the court. The court shall transmit the license to the division of vehicles, together with a copy of the order. Upon receipt thereof, the division of vehicles shall issue without charge a driver's license which shall indicate on its face that conditions have been imposed on the juvenile offender's privilege of operating a motor vehicle and that a certified copy of the order imposing the conditions is required to be carried by the juvenile offender when operating a motor vehicle on the streets and highways of this state. If the juvenile offender is a nonresident, the court shall cause a copy of the order to be transmitted to the division and the division shall forward a copy of it to the motor vehicle administrator of the juvenile offender's state of issuance. The court shall furnish to any juvenile offender whose driver's license has had conditions imposed on it under this section a copy of the order, which shall be recognized as a valid Kansas driver's license until the division issues the restricted license provided for in this subsection. Upon expiration of the period of time for which conditions are imposed pursuant to this subsection, the juvenile offender may apply to the division for the return of the license previously surrendered by the juvenile offender. In the event the license has expired, the juvenile offender may apply to the division for a new license, which shall be issued immediately by the division upon payment of the proper fee and satisfaction of the other conditions established by law unless such juvenile offender's privilege to operate a motor vehicle on the streets and highways of this state has been suspended or revoked prior thereto. If any juvenile offender violates any of the conditions imposed under this subsection, the juvenile offender's driver's license or privilege to operate a motor vehicle on the streets and highways of this state shall be revoked for a period as determined by the court in which the juvenile offender is convicted of violating such conditions.
(d) The following provisions apply to the court's determination of whether to order reparation or restitution pursuant to subsection (a)(7):
(1) The court shall order the juvenile to make reparation or restitution to the aggrieved party for the damage or loss caused by the juvenile offender's offense unless it finds compelling circumstances that would render a plan of reparation or restitution unworkable. If the court finds compelling circumstances that would render a plan of reparation or restitution unworkable, the court shall enter such findings with particularity on the record. In lieu of reparation or restitution, the court may order the juvenile to perform charitable or social service for organizations performing services for the community; and
(2) restitution may include, but shall not be limited to, the amount of damage or loss caused by the juvenile's offense. Restitution may be made by payment of an amount fixed by the court or by working for the parties sustaining loss in the manner ordered by the court. An order of monetary restitution shall be a judgment against the juvenile that may be collected by the court by garnishment or other execution as on judgments in civil cases. Such judgment shall not be affected by the termination of the court's jurisdiction over the juvenile offender.
(e) If the court imposes a fine pursuant to subsection (a)(8), the following provisions apply:
(1) The amount of the fine may not exceed $1,000 for each offense. The amount of the fine should be related to the seriousness of the offense and the juvenile's ability to pay. Payment of a fine may be required in a lump sum or installments;
(2) in determining whether to impose a fine and the amount to be imposed, the court shall consider that imposition of a fine is most appropriate in cases where the juvenile has derived pecuniary gain from the offense and that imposition of a restitution order is preferable to imposition of a fine; and
(3) any fine imposed by * court shall be a judgment against the juvenile that may be collected by the court by garnishment or other execution as on judgments in civil cases. Such judgment shall not be affected by the termination of the court's jurisdiction over the juvenile.
(f) Before the court sentences a juvenile offender pursuant to subsection (a), the court shall administer a risk assessment tool, as described in K.S.A. 38-2360, and amendments thereto, or review a risk assessment tool that was administered within the past six months to the juvenile and use the results of that assessment to inform orders made pursuant to K.S.A. 38-2369 and 38-2391, and amendments thereto.
(g) If the court commits the juvenile to detention pursuant to subsection (a)(11), the following provisions shall apply:
(1) The court shall only order commitment to detention upon violation of sentencing conditions where all other alternatives have been exhausted.
(2) In order to commit a juvenile to detention upon violation of sentencing conditions, the court shall find that the juvenile poses a significant risk of harm to another or damage to property, is charged with a new felony offense, or violates conditional release.
(3) The court shall not order commitment to detention upon adjudication as a juvenile offender pursuant to K.S.A. 38-2356, and amendments thereto, for solely technical violations of probation, contempt, a violation of a valid court order, to protect from self-harm or due to any state or county failure to find adequate alternatives.
(4) Cumulative detention use shall be limited to a maximum of 45 days over the course of a juvenile offender's case pursuant to K.S.A. 38-2391, and amendments thereto. The court shall review any detention commitment every seven days and may shorten the initial commitment or extend the commitment. In no case, however, may the term of detention or any extension thereof exceed the cumulative detention limit of 45 days or the overall case length limit.
(5) A juvenile over 18 years of age and less than 23 years of age at sentencing shall be committed to a county jail, in lieu of a juvenile detention center, under the same time restrictions imposed by paragraph (1), but shall not be committed to or confined in a juvenile detention facility.
(h) Any order issued by the judge pursuant to this section shall be in effect immediately upon entry into the court's minutes.
(i) In addition to the requirements of K.S.A. 38-2373, and amendments thereto, if a person is under 18 years of age and convicted of a felony or adjudicated as a juvenile offender for an offense if committed by an adult would constitute the commission of a felony, the court shall forward a signed copy of the journal entry to the secretary of corrections within 30 days of final disposition.
(j) Except as further provided, if a juvenile has been adjudged to be a juvenile offender for an offense which, if committed by an adult would constitute the commission of: (1) Aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the victim is less than 14 years of age; (2) rape, as defined in K.S.A. 21-5503(a)(3), and amendments thereto; (3) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b)(3), and amendments thereto; (4) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (b)(2), and amendments thereto; (5) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the victim is less than 14 years of age; (6) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (a)(4), and amendments thereto, if the victim is less than 14 years of age; or (7) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of an offense defined in paragraphs (1) through (6); the court shall issue an order prohibiting the juvenile from attending the attendance center that the victim of the offense attends. If only one attendance center exists, for which the victim and juvenile are eligible to attend, in the school district where the victim and the juvenile reside, the court shall hear testimony and take evidence from the victim, the juvenile, their families and a representative of the school district as to why the juvenile should or should not be allowed to remain at the attendance center attended by the victim. After such hearing, the court may issue an order prohibiting the juvenile from attending the attendance center that the victim of the offense attends.
(k) The court may order a short-term alternative placement of a juvenile pursuant to subsection (a)(3) in an emergency shelter, therapeutic foster home or community integration program if:
(1) Such juvenile has been adjudicated to be a juvenile offender for an offense which, if committed by an adult would constitute the commission of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the victim is less than 14 years of age;
(B) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(C) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the victim is less than 14 years of age;
(D) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (a)(4), and amendments thereto, if the victim is less than 14 years of age;
(E) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506, and amendments thereto, if the victim is less than 14 years of age; or
(F) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of an offense defined in paragraphs (1) through (4); and
(2) (A) the victim resides in the same home as the juvenile offender;
(B) a community supervision officer in consultation with the department for children and families determines that an adequate safety plan, which shall include the physical and psychological well-being of the victim, cannot be developed to keep the juvenile in the same home; and
(C) there are no relevant child in need of care issues that would permit a case to be filed under the Kansas code for care of children.
The presumptive term of commitment shall not extend beyond the overall case length limit but may be modified pursuant to K.S.A. 38-2367 and 38-2397, and amendments thereto. If a child is placed outside the child's home at the dispositional hearing pursuant to this subsection and no reintegration plan is made a part of the record of the hearing, a written reintegration plan shall be prepared pursuant to K.S.A. 38-2397, and amendments thereto, and submitted to the court within 15 days of the initial order of the court.
(l) The sentencing hearing shall be open to the public as provided in K.S.A. 38-2353, and amendments thereto.
(m) The overall case length limit shall be calculated by the court and entered into the written record when one or more of the sentencing options under this section are imposed. The period fixed by the court pursuant to subsection (a) shall not extend beyond the overall case length limit.
History: L. 2006, ch. 169, § 61; L. 2010, ch. 11, § 9; L. 2010, ch. 155, § 15; L. 2011, ch. 30, § 168; L. 2013, ch. 120, § 38; L. 2014, ch. 115, § 74; L. 2015, ch. 32, § 1; L. 2016, ch. 46, § 42; L. 2017, ch. 90, § 6; July 1.
(a) When sentencing a juvenile offender, the court may order a juvenile offender's parent to participate in any evidence-based program designed to rehabilitate the juvenile, including, but not limited to: (1) Counseling, mediation sessions or an alcohol and drug evaluation and treatment program ordered as part of the juvenile offender's sentence under K.S.A. 38-2361, and amendments thereto; or (2) parenting classes.
(1) Upon entering an order requiring a juvenile offender's parent to attend counseling sessions or mediation, the court shall give the parent notice of the order. The notice shall inform the parent of the parent's right to request a hearing within 14 days after entry of the order and the parent's right to employ an attorney to represent the parent at the hearing or, if the parent is financially unable to employ an attorney, the parent's right to request the court to appoint an attorney to represent the parent.
(2) If the parent does not request a hearing within 14 days after entry of the order, the order shall take effect at that time.
(3) If the parent requests a hearing, the court shall set the matter for hearing and, if requested, shall appoint an attorney to represent the parent. The expense and fees of the appointed attorney may be allowed and assessed as provided by K.S.A. 38-2306, and amendments thereto.
(b) In addition to any other orders provided for by this section, the parent of a juvenile offender may be held responsible for the costs of sanctions or the support of the juvenile offender as follows:
(1) The board of county commissioners of a county may provide by resolution that the parent of any juvenile offender placed under a house arrest program pursuant to subsection (a)(9) of K.S.A. 38-2361, and amendments thereto, shall be required to pay to the county the cost of such house arrest program. The board of county commissioners shall prepare a sliding financial scale based on the ability of the parent to pay for such a program.
(2) If child support has been requested and a parent has a duty to support the juvenile offender, the court may order, and when custody is placed with the commissioner shall order, one or both parents to pay child support. The court shall determine, for each parent separately, whether the parent already is subject to an order to pay support for the juvenile. If the parent currently is not ordered to pay support for the juvenile and the court has personal jurisdiction over the parent, the court shall order the parent to pay child support in an amount determined under K.S.A. 38-2319, and amendments thereto. Except for good cause shown, the court shall issue an immediate income withholding order pursuant to K.S.A. 23-3101 et seq., and amendments thereto, for each parent ordered to pay support under this subsection, regardless of whether a payor has been identified for the parent. A parent ordered to pay child support under this subsection shall be notified, at the hearing or otherwise, that the child support order may be registered pursuant to K.S.A. 38-2321, and amendments thereto. The parent also shall be informed that, after registration, the income withholding order may be served on the parent's employer without further notice to the parent and the child support order may be enforced by any method allowed by law. Failure to provide this notice shall not affect the validity of the child support order.
History: L. 2006, ch. 169, § 62; L. 2010, ch. 135, § 53; L. 2012, ch. 162, § 70; L. 2014, ch. 123, § 2; July 1.
A parent, or adult with whom a juvenile resides, may be ordered by the court to report any probation violations or conditional release contract violations, aid in enforcing terms and conditions of probation or conditional release or other orders of the court or any of the above. Any person placed under an order to report any probation violations or conditional release contract violations, aid in enforcing terms and conditions of probation or conditional release or other orders of the court or any of the above who fails to do so may be proceeded against for indirect contempt of court as provided in K.S.A. 20-1204a et seq., and amendments thereto.
History: L. 2006, ch. 169, § 63; January 1, 2007.
(a) If an extended jurisdiction juvenile prosecution results in a guilty plea or finding of guilt, the court shall:
(1) Impose one or more juvenile sentences under K.S.A. 38-2361, and amendments thereto; and
(2) impose an adult criminal sentence, the execution of which shall be stayed on the condition that the juvenile offender substantially comply with the provisions of the juvenile sentence and not commit a new offense.
(b) When it appears that a person sentenced as an extended jurisdiction juvenile has violated one or more conditions of the juvenile sentence or is alleged to have committed a new offense, the court, shall notify the juvenile offender and such juvenile offender's attorney of record, in writing by personal service, as provided in K.S.A.
60-303, and amendments thereto, or certified mail, return receipt requested, of the reasons alleged to exist for revocation of the stay of execution of the adult sentence. The court shall hold a hearing on the issue at which the juvenile offender is entitled to be heard and represented by counsel. After the hearing, if the court finds by a preponderance of the evidence that the juvenile committed a new offense or violated one or more conditions of the juvenile's sentence, the court shall revoke the juvenile sentence and order the imposition of the adult sentence previously ordered pursuant to subsection (a)(2) or, upon agreement of the county or district attorney and the juvenile offender's attorney of record, the court may modify the adult sentence previously ordered pursuant to subsection (a)(2). Upon such finding, the juvenile's extended jurisdiction status is terminated, and juvenile court jurisdiction is terminated. The ongoing jurisdiction for any adult sanction, other than the commitment to the department of corrections, is with the adult court. The juvenile offender shall be credited for time served in a juvenile correctional or detention facility on the juvenile sentence as service on any authorized adult sanction.
(c) Upon becoming 18 years of age, any juvenile who has been sentenced pursuant to subsection (a) and is serving the juvenile sentence, may move for a court hearing to review the sentence. If the sentence is continued, the court shall set a date of further review in no later than 36 months.
History: L. 2006, ch. 169, § 64; L. 2010, ch. 163, § 1; L. 2011, ch. 30, § 169; L. 2016, ch. 46, § 43; July 1.
(a) When a juvenile offender has been placed in the custody of the secretary, the secretary shall have a reasonable time to make a placement. If the juvenile offender has not been placed, any party who believes that the amount of time elapsed without placement has exceeded a reasonable time may file a motion for review with the court. In determining what is a reasonable amount of time, matters considered by the court shall include, but not be limited to, the nature of the underlying offense, efforts made for placement of the juvenile offender and the availability of a suitable placement. The secretary shall notify the court, the juvenile's attorney of record and the juvenile's parent, in writing, of the initial placement and any subsequent change of placement as soon as the placement has been accomplished. The notice to the juvenile offender's parent shall be sent to such parent's last known address or addresses. The court shall have no power to direct a specific placement by the secretary, but may make recommendations to the secretary. The secretary may place the juvenile offender in an institution operated by the secretary, a youth residential facility or any other appropriate placement. If the court has recommended an out-of-home placement, the secretary may not return the juvenile offender to the home from which removed without first notifying the court of the plan.
(b) If a juvenile is in the custody of the secretary, the secretary shall prepare and present a permanency plan at sentencing or within 30 days thereafter. If the juvenile is 14 years of age or older and the juvenile is able, the secretary shall prepare the permanency plan in consultation with the juvenile. If a permanency plan is already in place under a child in need of care proceeding, the court may adopt the plan under the present proceeding. The written permanency plan shall provide for reintegration of the juvenile into such juvenile's family or, if reintegration is not a viable alternative, for other permanent placement of the juvenile. Reintegration may not be a viable alternative when: (1) The parent has been found by a court to have committed murder in the first degree, K.S.A.
21-3401, prior to its repeal, or K.S.A. 21-5402, and amendments thereto, murder in the second degree, K.S.A.
21-3402, prior to its repeal, or K.S.A. 21-5403, and amendments thereto, capital murder, K.S.A.
21-3439, prior to its repeal, or K.S.A. 21-5401, and amendments thereto, voluntary manslaughter, K.S.A.
21-3403, prior to its repeal, or K.S.A. 21-5404, and amendments thereto, of a child or violated a law of another state which prohibits such murder or manslaughter of a child;
(2) the parent aided or abetted, attempted, conspired or solicited to commit such murder or voluntary manslaughter of a child;
(3) the parent committed a felony battery that resulted in bodily injury to the juvenile who is the subject of this proceeding or another child;
(4) the parent has subjected the juvenile who is the subject of this proceeding or another child to aggravated circumstances as defined in K.S.A.
38-1502, and amendments thereto;
(5) the parental rights of the parent to another child have been terminated involuntarily; or
(6) the juvenile has been in extended out-of-home placement as defined in K.S.A. 38-2202, and amendments thereto.
(c) If the juvenile is placed in the custody of the secretary, the plan shall be prepared and submitted by the secretary. If the juvenile is placed in the custody of a facility or person other than the secretary, the plan shall be prepared and submitted by a court services officer. If the permanency goal is reintegration into the family, the permanency plan shall include measurable objectives and time schedules for reintegration.
(d) During the time a juvenile remains in the custody of the secretary, the secretary shall submit to the court, at least every six months, a written report of the progress being made toward the goals of the permanency plan submitted pursuant to subsections (b) and (c) and the specific actions taken to achieve the goals of the permanency plan. If the juvenile is placed in foster care, the court may request the foster parent to submit to the court, at least every six months, a report in regard to the juvenile's adjustment, progress and condition. Such report shall be made a part of the juvenile's court social file. The court shall review the plan submitted by the secretary and the report, if any, submitted by the foster parent and determine whether reasonable efforts and progress have been made to achieve the goals of the permanency plan. If the court determines that progress is inadequate or that the permanency plan is no longer viable, the court shall hold a hearing pursuant to subsection (e).
(e) When the secretary has custody of the juvenile, a permanency hearing shall be held no more than 12 months after the juvenile is first placed outside such juvenile's home and at least every 12 months thereafter. Juvenile offenders who have been in extended out-of-home placement shall be provided a permanency hearing within 30 days of a request from the secretary. The court may appoint a guardian ad litem to represent the juvenile offender at the permanency hearing. At the permanency hearing, the court shall determine whether and, if applicable, when the juvenile will be:
(1) Reintegrated with the juvenile's parents;
(2) placed for adoption;
(3) placed with a permanent custodian; or
(4) if the juvenile is 16 years of age or older and the secretary has documented compelling reasons why it would not be in the juvenile's best interests for a placement in one of the placements pursuant to paragraphs (1), (2) or (3), placed in another planned permanent arrangement.
(f) At each permanency hearing, the court shall:
(1) Make a written finding as to whether reasonable efforts have been made to accomplish the permanency goal and whether continued out-of-home placement is necessary for the juvenile's safety;
(2) make a written finding as to whether the reasonable and prudent parenting standard has been met and whether the juvenile has regular, ongoing opportunities to engage in age or developmentally appropriate activities. The secretary shall report to the court the steps the secretary is taking to ensure that the reasonable and prudent parenting standard is being met and that the juvenile has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consultation with the juvenile in an age-appropriate manner about the opportunities of the juvenile to participate in the activities; and
(3) if the juvenile is 14 years of age or older, document the efforts made by the secretary to help the juvenile prepare for the transition from custody to a successful adulthood. The secretary shall report to the court the programs and services that are being provided to the juvenile which will help the juvenile prepare for the transition from custody to a successful adulthood.
(g) The requirements of this subsection shall apply only if the permanency goal in place at the time of the hearing is another planned permanent arrangement as described in subsection (e)(4). At each permanency hearing held with respect to the juvenile, in addition to the requirements of subsection (f), the court shall:
(1) Ask the juvenile, if the juvenile is able, by attendance at the hearing or by report to the court, about the desired permanency outcome for the juvenile;
(2) document the intensive, ongoing and, as of the date of the hearing, unsuccessful permanency efforts made by the secretary to return the juvenile home or secure a placement for the juvenile with a fit and willing relative, a legal guardian or an adoptive parent. The secretary shall report to the court the intensive, ongoing and, as of the date of the hearing, unsuccessful efforts made by the secretary to return the juvenile home or secure a placement for the juvenile with a fit and willing relative, a legal guardian or an adoptive parent, including efforts that utilize search technology, including social media, to find biological family members of the children; and
(3) make a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the juvenile and provide compelling reasons why it continues to not be in the best interests of the juvenile to return home, be placed for adoption, be placed with a legal guardian or be placed with a fit and willing relative.
(h) Whenever a hearing is required under subsection (e), the court shall notify all interested parties of the hearing date, the secretary, foster parent and preadoptive parent or relatives providing care for the juvenile and hold a hearing. If the juvenile is 14 years of age or older, the court shall require notice of the time and place of the permanency hearing be given to the juvenile. Such notice shall request the juvenile's participation in the hearing by attendance or by report to the court. Individuals receiving notice pursuant to this subsection shall not be made a party to the action solely on the basis of this notice and opportunity to be heard. After providing the persons receiving notice an opportunity to be heard, the court shall determine whether the juvenile's needs are being adequately met; whether services set out in the permanency plan necessary for the safe return of the juvenile have been made available to the parent with whom reintegration is planned; and whether reasonable efforts and progress have been made to achieve the goals of the permanency plan.
(i) If the court finds reintegration continues to be a viable alternative, the court shall determine whether and, if applicable, when the juvenile will be returned to the parent. The court may rescind any of its prior dispositional orders and enter any dispositional order authorized by this code or may order that a new plan for the reintegration be prepared and submitted to the court. If reintegration cannot be accomplished as approved by the court, the court shall be informed and shall schedule a hearing pursuant to subsection (j). No such hearing is required when the parent voluntarily relinquishes parental rights or agrees to appointment of a permanent guardian.
(j) When the court finds any of the following conditions exist, the county or district attorney or the county or district attorney's designee shall file a petition alleging the juvenile to be a child in need of care and requesting termination of parental rights pursuant to the Kansas code for care of children: (1) The court determines that reintegration is not a viable alternative and either adoption or permanent guardianship might be in the best interests of the juvenile;
(2) the goal of the permanency plan is reintegration into the family and the court determines after 12 months from the time such plan is first submitted that progress is inadequate; or
(3) the juvenile has been in out-of-home placement for a cumulative total of 15 of the last 22 months, excluding trial home visits and juvenile in runaway status.
Nothing in this subsection shall be interpreted to prohibit termination of parental rights prior to the expiration of 12 months.
(k) A petition to terminate parental rights is not required to be filed if one of the following exceptions is documented to exist: (1) The juvenile is in a stable placement with relatives;
(2) services set out in the case plan necessary for the safe return of the juvenile have not been made available to the parent with whom reintegration is planned; or
(3) there are one or more documented reasons why such filing would not be in the best interests of the juvenile. Documented reasons may include, but are not limited to: The juvenile has close emotional bonds with a parent which should not be broken; the juvenile is 14 years of age or older and, after advice and counsel, refuses to be adopted; insufficient grounds exist for termination of parental rights; the juvenile is an unaccompanied refugee minor; or there are international legal or compelling foreign policy reasons precluding termination of parental rights.
History: L. 2006, ch. 169, § 65; L. 2010, ch. 163, § 2; L. 2011, ch. 30, § 170; L. 2016, ch. 102, § 19; July 1.
(a) When a juvenile offender who is:
(1) Under 16 years of age at the time of the sentencing, has been prosecuted and convicted as an adult or under the extended jurisdiction juvenile prosecution, and has been placed in the custody of the secretary of the department of corrections, the secretary shall notify the sheriff having the offender in custody to convey such juvenile offender at a time designated by the department of corrections to a juvenile correctional facility. The secretary shall notify the court, in writing, of the initial placement of the offender in the specific juvenile correctional facility as soon as the placement has been accomplished.
(2) At least 16 but less than 18 years of age at the time of sentencing, has been prosecuted and convicted as an adult or under the extended jurisdiction juvenile prosecution, and has been placed in the custody of the secretary, the secretary shall notify the sheriff having the offender in custody to convey such juvenile offender at a time designated by the department of corrections to a juvenile correctional facility or adult correctional institution. The secretary shall notify the court, in writing, of the initial placement of the offender in the specific juvenile correctional facility or adult correctional institution as soon as the placement has been accomplished.
The secretary shall not permit the juvenile offender to remain detained in any jail for more than 72 hours, excluding Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible, after the secretary has received the written order of the court placing the offender in the custody of the secretary. If such placement cannot be accomplished, the offender may remain in jail for an additional period of time, not exceeding 10 days, which is specified by the secretary and approved by the court.
(b) Except as provided in subsection (a), a juvenile who has been prosecuted and convicted as an adult shall not be eligible for admission to a juvenile correctional facility. All other conditions of the offender's sentence imposed under this code, including restitution orders, may remain intact.
History: L. 2006, ch. 169, § 66; L. 2010, ch. 11, § 10; L. 2015, ch. 32, § 2; April 16.
(a) At any time after the entry of an order of custody or placement of a juvenile offender, the court, upon the court's own motion or the motion of the secretary of corrections or parent or any party, may modify the sentence imposed. Upon receipt of the motion, the court shall fix a time and place for hearing and provide notice to the movant and to the current custodian and placement of the juvenile offender and to each party to the proceeding. Except as established in subsection (b), after the hearing, if the court finds that the sentence previously imposed is not in the best interests of the juvenile offender, the court may rescind and set aside the sentence, and enter any sentence pursuant to K.S.A. 38-2361, and amendments thereto, and the overall case length limit, except that a child support order which has been registered under K.S.A. 38-2321, and amendments thereto, may only be modified pursuant to K.S.A. 38-2321, and amendments thereto.
(b) If the court determines that it is in the best interests of the juvenile offender to be returned to the custody of the parent or parents, the court shall so order.
(c) If, during the proceedings, the court determines that there is probable cause to believe that the juvenile is a child in need of care as defined in K.S.A. 38-2022*, and amendments thereto, the court may refer the matter to the county or district attorney, who shall file a petition as provided in K.S.A. 38-2234, and amendments thereto, and refer the family to the Kansas department for children and families for services.
(d) If, during the proceedings, the court finds that a juvenile offender needs a place to live and the court does not have probable cause to believe the juvenile is a child in need of care as defined in K.S.A. 38-2022*, and amendments thereto, or if the child is emancipated or over the age of 17, the court may authorize participation in a community integration program.
(e) Any time within 60 days after a court has committed a juvenile offender to a juvenile correctional facility the court may modify the sentence and enter any other sentence, except that a child support order which has been registered under K.S.A. 38-2321, and amendments thereto, may only be modified pursuant to K.S.A. 38-2321, and amendments thereto.
(f) Any time after a court has committed a juvenile offender to a juvenile correctional facility, the court may, upon motion by the secretary of corrections, modify the sentence and enter any other sentence if the court determines that:
(1) The medical condition of the juvenile justifies a reduction in sentence; or
(2) the juvenile's exceptional adjustment and habilitation merit a reduction in sentence.
History: L. 2006, ch. 169, § 67; L. 2016, ch. 46, § 44; July 1.
If it is alleged that a juvenile offender has violated a condition of probation or of a court-ordered placement, the county or district attorney, the current custodian of the juvenile offender, or the victim of the offense committed by the offender may file a report with the assigned community supervision officer of the juvenile offender. If, upon review by the assigned community supervision officer of the juvenile offender, it is determined that the violation is eligible under K.S.A. 38-2392, and amendments thereto, for review by the court, the assigned community supervision officer may file a report with the court describing the alleged violation. The court shall provide copies of the report to the parties to the proceeding. The court, upon the court's own motion or the motion of the secretary of corrections or any party, shall set the matter for hearing and may issue a warrant pursuant to K.S.A. 38-2342, and amendments thereto, if there is probable cause to believe that the juvenile poses a significant risk of physical harm to another or damage to property. Upon receipt of the motion, the court shall fix a time and place for hearing and provide notice to the movant and to the current custodian of the juvenile offender and to each party to the proceeding. If the court finds by a preponderance of the evidence that the juvenile offender has absconded from supervision, violated a condition of probation or placement or committed a technical violation for a third or subsequent time, the court may, subject to the overall case length limit, extend or modify the terms of probation or placement or enter another sentence pursuant to K.S.A. 38-2361, and amendments thereto, except that a child support order which has been registered under K.S.A. 38-2321, and amendments thereto, may only be modified pursuant to K.S.A. 38-2321, and amendments thereto.
History: L. 2006, ch. 169, § 68; L. 2016, ch. 46, § 45; L. 2017, ch. 90, § 7; July 1.
(a) Except as provided in subsection (e) and K.S.A. 38-2361(a)(13), for the purpose of committing juvenile offenders to a juvenile correctional facility, upon a finding by the judge entered into the written order that the juvenile poses a significant risk of harm to another or damage to property, the following placements shall be applied by the judge in the cases specified in this subsection. If used, the court shall establish a specific term of commitment as specified in this subsection. The term of commitment established by the court shall not exceed the overall case length limit. Before a juvenile offender is committed to a juvenile correctional facility pursuant to this section, the court shall administer a risk assessment tool, as described in K.S.A. 38-2360, and amendments thereto, or review a risk assessment tool that was administered within the past six months to the juvenile.
(1)
Violent Offenders.
(A) The violent offender I is defined as an offender adjudicated as a juvenile offender for an offense which, if committed by an adult, would constitute an off-grid felony. Offenders in this category may be committed to a juvenile correctional facility for a minimum term of 60 months and up to a maximum term of the offender reaching the age of 22 years, six months. The aftercare term for this offender is set at a minimum term of six months and up to a maximum term of the offender reaching the age of 23 years.
(B) The violent offender II is defined as an offender adjudicated as a juvenile offender for an offense which, if committed by an adult, would constitute a nondrug severity level 1, 2 or 3 felony. Offenders in this category may be committed to a juvenile correctional facility for a minimum term of 24 months and up to a maximum term of the offender reaching the age of 22 years, six months. The aftercare term for this offender is set at a minimum term of six months and up to a maximum term of the offender reaching the age of 23 years.
(2)
Serious Offenders.
(A) The serious offender I is defined as an offender adjudicated as a juvenile offender for an offense which, if committed by an adult, would constitute a nondrug severity level 4, person felony.
Offenders in this category may be committed to a juvenile correctional facility for a minimum term of 18 months and up to a maximum term of 36 months. The aftercare term for this offender is set at a minimum term of six months and up to a maximum term of 24 months.
(B) The serious offender II is defined as an offender adjudicated as a juvenile offender for an offense:
(i) Committed prior to July 1, 2012, which, if committed by an adult prior to July 1, 2012, would constitute a drug severity level 1 or 2 felony; or
(ii) committed on or after July 1, 2012, which, if committed by an adult on or after July 1, 2012, would constitute a drug severity level 1, 2 or 3 felony or a nondrug severity level 5 or 6 person felony.
Offenders in this category may be committed to a juvenile correctional facility for a minimum term of nine months and up to a maximum term of 18 months.
(C) The serious offender III is defined as an offender adjudicated as a juvenile offender for an offense which, if committed by an adult, would constitute a nondrug severity level 7, 8, 9 or 10 person felony with one prior felony adjudication. Offenders in this category may only be committed to a juvenile correctional facility if such offenders are assessed as high-risk on a risk and needs assessment. Offenders in this category may be committed to a juvenile correctional facility for a minimum term of six months and up to a maximum term of 12 months.
(3)
Chronic Offenders.
(A) The chronic offender I, chronic felon is defined as an offender adjudicated as a juvenile offender for an offense:
(i) Which, if committed by an adult, would constitute one present nonperson felony adjudication and two prior felony adjudications;
(ii) committed prior to July 1, 2012, which, if committed by an adult prior to July 1, 2012, would constitute one present drug severity level 3 felony adjudication and two prior felony adjudications; or
(iii) committed on or after July 1, 2012, which, if committed by an adult on or after July 1, 2012, would constitute one present drug severity level 4 felony adjudication and two prior felony adjudications.
Offenders in this category may only be committed to a juvenile correctional facility if such offenders are assessed as high-risk on a risk and needs assessment. Offenders in this category may be committed to a juvenile correctional facility for a minimum term of six months and up to a maximum term of 12 months.
(b)
Conditional Release.
If the court elects, a period of conditional release may also be ordered pursuant to K.S.A. 38-2361, and amendments thereto. The period of conditional release shall be limited to a maximum of six months and shall be subject to graduated responses. The presumption upon release shall be a return to the juvenile's home, unless the case plan developed pursuant to K.S.A. 38-2373, and amendments thereto, recommends a different reentry plan.
(1) Upon finding the juvenile violated a requirement or requirements of conditional release, the court may enter one or more of the following orders:
(A) Recommend additional conditions be added to those of the existing conditional release.
(B) Order the offender to serve a period of detention pursuant to K.S.A. 38-2361(g), and amendments thereto.
(C) Revoke or restrict the juvenile's driving privileges as described in K.S.A. 38-2361(c), and amendments thereto.
(2) Discharge the offender from the custody of the secretary of corrections, release the secretary of corrections from further responsibilities in the case and enter any other appropriate orders.
(c) As used in this section "adjudication" includes out-of-state juvenile adjudications. An out-of-state offense, which if committed by an adult would constitute the commission of a felony or misdemeanor, shall be classified as either a felony or a misdemeanor according to the adjudicating jurisdiction. If an offense which if committed by an adult would constitute the commission of a felony is a felony in another state, it will be deemed a felony in Kansas. The state of Kansas shall classify the offense, which if committed by an adult would constitute the commission of a felony or misdemeanor, as person or nonperson. In designating such offense as person or nonperson, reference to comparable offenses shall be made. If the state of Kansas does not have a comparable offense, the out-of-state adjudication shall be classified as a nonperson offense.
(d) The secretary of corrections shall work with the community to provide on-going support and incentives for the development of additional evidence-based community practices and programs to ensure that the juvenile correctional facility is not frequently utilized.
(e) There shall be a rebuttable presumption that all offenders in the chronic offender category and offenders at least 10 years of age but less than 14 years of age in the serious offender II or III category, shall be placed in the custody of the secretary for placement in a youth residential facility in lieu of placement in the juvenile correctional facility. This presumption may be rebutted by a finding on the record that the juvenile offender poses a significant risk of physical harm to another.
History: L. 2006, ch. 169, § 69; L. 2012, ch. 33, § 1; L. 2012, ch. 150, § 47; L. 2014, ch. 126, § 8; L. 2015, ch. 32, § 3; L. 2016, ch. 46, § 46; L. 2017, ch. 90, § 8; July 1.
(a) For purposes of determining release of a juvenile offender, a system shall be developed whereby good behavior is the expected norm and negative behavior will be punished.
(b) The commissioner shall adopt rules and regulations to carry out the provisions of this section regarding good time calculations. Such rules and regulations shall provide circumstances upon which a juvenile offender may earn good time credits through participation in programs which may include, but not be limited to, education programs, work participation, treatment programs, vocational programs, activities and behavior modification. Such good time credits may also include the juvenile offender's willingness to examine and confront the past behavior patterns that resulted in the commission of the juvenile's offense.
History: L. 2006, ch. 169, § 70; L. 2014, ch. 126, § 9; July 1.
(a) (1) Whenever a person is adjudicated as a juvenile offender and sentenced to a juvenile correctional facility as a violent offender pursuant to K.S.A. 38-2369(a)(1), and amendments thereto, the court upon motion of the state, shall hold a hearing to consider imposition of a departure sentence pursuant to K.S.A. 38-2369, and amendments thereto, and subject to K.S.A. 38-2391, and amendments thereto. The motion shall state that a departure is sought and the reasons and factors relied upon. The hearing shall be scheduled so that the parties have adequate time to prepare and present arguments regarding the issues of departure sentencing. The victim of a crime or the victim's family shall be notified of the right to be present at the hearing for the adjudicated person by the county or district attorney. The parties may submit written arguments to the court prior to the date of the hearing and may make oral arguments before the court at the hearing. The court shall review the victim impact statement, if available. Prior to the hearing, the court shall transmit to the juvenile offender or the juvenile offender's attorney and the prosecuting attorney copies of the predispositional investigation report.
(2) At the conclusion of the hearing or within 21 days thereafter, the court shall issue findings of fact and conclusions of law regarding the issues submitted by the parties, and shall enter an appropriate order.
(3) If a factual aspect of a crime is a statutory element of the crime, or is used to determine crime severity, that aspect of the current crime of adjudication may be used as an aggravating factor only if the criminal conduct constituting that aspect of the current crime of adjudication is significantly different from the usual criminal conduct captured by the aspect of the crime. Subject to this provision, the nonexclusive lists of aggravating factors provided in K.S.A. 21-6815 and 21-6816, and amendments thereto, may be considered in determining whether substantial and compelling reasons exist.
(b) If the court decides to depart on its own volition pursuant to K.S.A. 38-2369(a)(1) and 38-2391, and amendments thereto, without a motion from the state, the court must notify all parties of its intent and allow reasonable time for either party to respond if they request. The notice shall state that a departure is intended by the court and the reasons and factors relied upon.
(c) In each case in which the court imposes a sentence pursuant to K.S.A. 38-2369 and 38-2391, and amendments thereto, that deviates from the presumptive sentence, the court shall make findings of fact as to the reasons for departure regardless of whether a hearing is requested.
(d) The judge shall state on the record at the time of sentencing and enter into the written record the substantial and compelling reasons for the departure.
(e) A departure sentence may be appealed as provided in K.S.A. 38-2380, and amendments thereto.
History: L. 2006, ch. 169, § 71; L. 2010, ch. 135, § 54; L. 2011, ch. 30, § 171; L. 2016 ch. 46, § 47; July 1, 2017.
In any action pursuant to the revised Kansas juvenile justice code in which the juvenile is adjudicated upon a plea of guilty or trial by court or jury or upon completion of an appeal, the judge, shall direct that, for the purpose of computing the juvenile's overall case length limit and, if incarcerated, sentence and release, eligibility and conditional release dates thereunder, that such sentence is to be computed from a date, to be specifically designated by the court in the sentencing order. If incarcerated, such date shall be established to reflect and shall be computed as an allowance for the time which the juvenile has spent incarcerated pending the disposition of the juvenile's case. In recording the date of commencement of such sentence, the date as specifically set forth by the court shall be used as the date of sentence and all good time calculations authorized by law and all earned time calculations authorized by law are to be allowed on such sentence from such date as though the juvenile were actually incarcerated in a juvenile correctional facility.
History: L. 2006, ch. 169, § 72; L. 2014, ch. 126, § 10; L. 2016, ch. 46, § 48; July 1.
(a)
Actions by the court.
(1) When a juvenile offender has been committed to a juvenile correctional facility, the clerk of the court shall promptly notify the secretary of corrections of the commitment and provide the secretary with a certified copy of the complaint, the journal entry of the adjudication and sentencing. The court shall provide those items from the social file which could relate to a rehabilitative program. If the court wishes to recommend placement of the juvenile offender in a specific juvenile correctional facility, the recommendation shall be included in the sentence. After the court has received notice of the juvenile correctional facility designated as provided in subsection (b), it shall be the duty of the court or the sheriff of the county to deliver the juvenile offender to the facility at the time designated by the secretary.
(2) When a juvenile offender is residing in a juvenile correctional facility and is required to go back to court for any reason, the county demanding the juvenile's presence shall be responsible for transportation, detention, custody and control of such offender. In these cases, the county sheriff shall be responsible for all transportation, detention, custody and control of such offender.
(b)
Actions by the secretary.
(1) Within three days, excluding Saturdays, Sundays and legal holidays, after receiving notice of commitment as provided in subsection (a), the secretary shall notify the committing court of the facility to which the juvenile offender should be conveyed, and when to effect the immediate transfer of custody and control to the department of corrections. The date of admission shall be no more than five days, excluding Saturdays, Sundays and legal holidays, after the notice to the committing court. Until received at the designated facility, the continuing detention, custody, and control of and transport for a juvenile offender sentenced to a direct commitment to a juvenile correctional facility shall be the responsibility of the committing county.
(2) Except as provided by K.S.A. 38-2332, and amendments thereto, the secretary may make any temporary out-of-home placement the secretary deems appropriate pending placement of the juvenile offender in a juvenile correctional facility, and the secretary shall notify the court, local law enforcement agency and school district in which the juvenile will be residing if the juvenile is still required to attend a secondary school of that placement.
(c)
Transfers.
During the time a juvenile offender remains committed to a juvenile correctional facility, the secretary may transfer the juvenile offender from one juvenile correctional facility to another.
(d)
Case planning.
For all juveniles committed to a juvenile correctional facility pursuant to K.S.A.
38-2361(a)(11)*, and amendments thereto, a case plan shall be developed with input from the juvenile and the juvenile's family. For all those committed upon violation of a condition of sentence pursuant to K.S.A. 38-2368, and amendments thereto, the case plan developed with the juvenile's community supervision officer shall be revised to reflect the new disposition. The department for children and families, the local school district in which the juvenile offender will be residing and community supervision officers may also participate in the development or revision of the case plan when appropriate. The case plan shall incorporate the results of the risk and needs assessment, the programs and education to complete while in custody and shall clearly define the role of each person or agency working with the juvenile. The case plan shall include a reentry section, detailing services, education, supervision or any other elements necessary for a successful transition. The reentry section of the case plan shall also include information on reintegration of the juvenile into such juvenile's family or, if reintegration is not a viable alternative, another viable release option. If the juvenile is to be placed on conditional release pursuant to K.S.A. 38-2369, the case plan shall be developed with the community supervision officer.
History: L. 2006, ch. 169, § 73; L. 2010, ch. 163, § 3; L. 2011, ch. 91, § 21; L. 2016, ch. 46, § 49; January 1, 2017.
History: L. 2006, ch. 169, § 73; L. 2010, ch. 135, § 55; Repealed, L. 2011, ch. 91, § 41; July 1.
(a) When a juvenile offender has satisfactorily completed the term of incarceration at the juvenile correctional facility to which the juvenile offender was committed or placed, the person in charge of the juvenile correctional facility shall have authority to release the juvenile offender under appropriate conditions and, if conditional release has previously been ordered pursuant to K.S.A. 38-2361 or 38-2369, and amendments thereto, for a specified period of time to complete conditional release. Prior to release from a juvenile correctional facility, the secretary of corrections shall consider any recommendations made by the juvenile offender's community supervision officer.
(b) At least 21 days prior to releasing a juvenile offender as provided in subsection (a), the person in charge of the juvenile correctional facility shall notify the committing court of the date and conditions upon which it is proposed the juvenile offender is to be released. The person in charge of the juvenile correctional facility shall notify the school district in which the juvenile offender will be residing if the juvenile is still required to attend a school. Such notification to the school shall include the name of the juvenile offender, address upon release, contact person with whom the juvenile offender will be residing upon release, anticipated date of release, anticipated date of enrollment in school, name and phone number of case worker, crime or crimes of adjudication if not confidential based upon other statutes, conditions of release and any other information the commissioner deems appropriate. To ensure the educational success of the student, the community case manager or a representative from the residential facility where the juvenile offender will reside shall contact the principal of the receiving school in a timely manner to review the juvenile offender's case. If such juvenile offender's offense would have constituted an off-grid crime, a nondrug felony crime ranked at severity level 1, 2, 3, 4 or 5, or a drug felony crime ranked at severity level 1, 2 or 3, on or after July 1, 1993, or a drug felony crime ranked at severity level 4 on or after July 1, 2012, if committed by an adult, the person in charge of the juvenile correctional facility shall notify the county or district attorney of the county where the offender was adjudicated a juvenile offender of the date and conditions upon which it is proposed the juvenile offender is to be released. The county or district attorney shall give written notice at least seven days prior to the release of the juvenile offender to: (1) Any victim of the juvenile offender's crime who is alive and whose address is known to the court or, if the victim is deceased, to the victim's family if the family's address is known to the court; and (2) the local law enforcement agency. Failure to notify pursuant to this section shall not be a reason to postpone a release. Nothing in this section shall create a cause of action against the state or county or an employee of the state or county acting within the scope of the employee's employment as a result of the failure to notify pursuant to this section.
(c) Upon receipt of the notice required by subsection (b), the court shall review the terms of any proposed conditional release or case plan and may recommend modifications or additions to the terms.
(d) If, during the conditional release, the juvenile offender is not returning to the county from which committed, the person in charge of the juvenile correctional facility shall also give notice to the court of the county in which the juvenile offender is to be residing.
(e) To assure compliance with conditional release from a juvenile correctional facility, the commissioner shall have the authority to prescribe the manner in which compliance with the conditions shall be supervised. When requested by the secretary of corrections, the appropriate court may assist in supervising compliance with the conditions of release during the term of the conditional release. The secretary of corrections may require the parent of the juvenile offender to cooperate and participate with the conditional release.
(f) Conditional release programs shall include, but not be limited to, the treatment options of aftercare services.
History: L. 2006, ch. 169, § 74; L. 2010, ch. 135, § 56; L. 2012, ch. 150, § 48; L. 2016, ch. 46, § 50; July 1, 2017.
If it is alleged that a juvenile offender who has been conditionally released from a juvenile correctional facility has failed to obey the specified conditions of release for the third or subsequent time or has absconded from supervision, the officer assigned to supervise compliance with the conditions of release or, upon referral from such officer, the county or district attorney may file a report with the committing court or the court of the county in which the juvenile offender resides describing the alleged violation and the juvenile's history of violations. The court shall provide copies of the report to the parties to the proceedings. The court, upon the court's own motion or the county or district attorney, shall set the matter for hearing. The movant shall provide notice of the motion and hearing to each party to the proceeding and the current custodian and placement of the juvenile offender. If the court finds that a condition of release has been violated, the court may modify or impose additional conditions of release that the court considers appropriate pursuant to K.S.A. 38-2369, and amendments thereto.
History: L. 2006, ch. 169, § 75; L. 2016, ch. 46, § 51; L. 2017, ch. 90, § 9; July 1.
(a) When a juvenile offender has reached the age of 23 years, has maximized the overall case length limit, or has been convicted as an adult while serving a term of incarceration at a juvenile correctional facility, or has completed the prescribed terms of incarceration at a juvenile correctional facility, together with any conditional release following the program, the juvenile shall be discharged by the secretary of corrections from any further obligation under the commitment unless the juvenile was sentenced pursuant to an extended jurisdiction juvenile prosecution upon court order. The discharge shall operate as a full and complete release from any obligations imposed on the juvenile offender arising from the offense for which the juvenile offender was committed.
(b) At least 45 days prior to the discharge of the juvenile offender, the juvenile justice authority shall notify the court and the county or district attorney of the county where the offender was adjudicated a juvenile offender of the pending discharge of such juvenile offender, the offense would have constituted a class A, B or C felony before July 1, 1993, or an off-grid crime, a nondrug crime ranked at severity level 1, 2, 3, 4 or 5 or a drug crime ranked at severity level 1, 2 or 3, on or after July 1, 1993, or a drug crime ranked at severity level 4 on or after July 1, 2012, if committed by an adult. The county or district attorney shall give written notice at least 30 days prior to the discharge of the juvenile offender pursuant to K.S.A. 38-2379, and amendments thereto.
History: L. 2006, ch. 169, § 76; L. 2007, ch. 198, § 8; L. 2012, ch. 150, § 49; L. 2016, ch. 46, § 52; July 1, 2017.
(a) The secretary shall notify the county or district attorney, the court, the local law enforcement agency and the school district in which the juvenile offender will be residing of such pending release at least 45 days before release if the juvenile is still required to attend school, if the juvenile offender has committed an act prior to July 1, 1999, which, if committed by a person 18 years of age or over, would have constituted: (1) A class A or B felony, before July 1, 1993; or (2) an off-grid crime, a nondrug crime ranked at severity level 1, 2, 3, 4 or 5 or a drug crime ranked at severity level 1, 2 or 3, if the offense was committed on or after July 1, 1993, and, if such juvenile is to be released. The county or district attorney shall give written notice at least 30 days prior to discharge of the juvenile offender pursuant to K.S.A. 38-2379, and amendments thereto. The county attorney, district attorney or the court on its own motion may file a motion with the court for a hearing to determine if the juvenile offender should be placed on conditional release if not previously ordered by the court, subject to the overall case length limit. The court shall fix a time and place for hearing and shall notify each party of the time and place.
(b) Following the hearing, if the court orders a period of conditional release, the juvenile offender shall not be supervised for longer than six months of conditional release and the overall case length limit.
History: L. 2006, ch. 169, § 77; L. 2011, ch. 30, § 172; L. 2016, ch. 46, § 53; July 1, 2017.
The commissioner and the school district in which a juvenile offender will be residing shall plan for the juvenile offender's release or discharge if the juvenile offender is required to attend school. The commissioner shall send the educational records for the juvenile and notice of the offenses the juvenile committed to the school district that the juvenile will be attending.
History: L. 2006, ch. 169, § 78; January 1, 2007.
(a) When a statute requires that the county or district attorney shall give written notice at least 30 days prior to the release of the juvenile offender, such notice shall be given to:
(1) Any victim of the juvenile offender's crime who is alive and whose address is known to the court or, if the victim is deceased, to the victim's family if the family's address is known to the court;
(2) the local law enforcement agency; and
(3) the school district in which the juvenile offender will be residing if the juvenile is still required to attend school.
(b) Failure to notify pursuant to this section shall not be a reason to postpone a release. Nothing in this section shall create a cause of action against the state or county of an employee of the state or county acting within the scope of the employee's employment as a result of the failure to notify pursuant to this section.
History: L. 2006, ch. 169, § 79; January 1, 2007.
(a)
Order authorizing prosecution as an adult or extended jurisdiction juvenile prosecution.
(1) Unless the juvenile offender has consented to the order, a juvenile offender may take an appeal from an order authorizing prosecution as an adult. The appeal shall be taken only after conviction as an adult and in the same manner as criminal appeals, except that where the prosecution has resulted in a judgment of conviction upon a plea of guilty or nolo contendere, an appeal may be taken from the order authorizing prosecution pursuant to K.S.A. 38-2347, and amendments thereto, notwithstanding the provisions of subsection (a) of K.S.A. 22-3602, and amendments thereto.
(2) If on appeal the order authorizing prosecution as an adult is reversed but the finding of guilty is affirmed or the conviction was based on a plea of guilty or nolo contendere, the juvenile shall be deemed adjudicated to be a juvenile offender. On remand the district court shall proceed with sentencing.
(b)
Orders of adjudgment and sentencing.
The juvenile offender may appeal from an order of adjudication or sentencing, or both. The appeal shall be pursuant to K.S.A. 38-2382, and amendments thereto.
(1) Pending review of the sentence, the sentencing court or the appellate court may order the juvenile confined or placed on conditional release, including bond.
(2) On appeal from a judgment or conviction entered for an offense committed on or after July 1, 1999, the appellate court shall not review:
(A) Any sentence that is within the presumptive sentence for the crime; or
(B) any sentence resulting from an agreement between the state and the juvenile which the sentencing court approves on the record.
(3) In any appeal from a judgment of conviction imposing a sentence that departs from the presumptive sentence, sentence review shall be limited to whether the sentencing court's findings of fact and reasons justifying a departure:
(A) Are supported by the evidence in the record; and
(B) constitute substantial and compelling reasons for departure.
(4) In any appeal, the appellate court may review a claim that:
(A) A sentence that departs from the presumptive sentence resulted from partiality, prejudice, oppression or corrupt motive;
(B) the sentencing court erred in either including or excluding recognition of prior convictions or adjudications; or
(C) the sentencing court erred in ranking the crime severity level of the current crime or in determining the appropriate classification of a prior conviction or juvenile adjudication for criminal history purposes.
(5) The appellate court may reverse or affirm the sentence. If the appellate court concludes that the trial court's factual findings are not supported by evidence in the record or do not establish substantial and compelling reasons for a departure, it shall remand the case to the trial court for resentencing.
(6) The appellate court shall issue a written opinion whenever the judgment of the sentencing court is reversed. The court may issue a written opinion in any other case when it is believed that a written opinion will provide guidance to sentencing judges and others in implementing the placement. The appellate courts may provide by rule for summary disposition of cases arising under this section when no substantial question is presented by the appeal.
(7) A review under summary disposition shall be made solely upon the record that was before the sentencing court. Written briefs shall not be required unless ordered by the appellate court and the review and decision shall be made in an expedited manner according to rules adopted by the supreme court.
(c)
Priority.
Appeals under this section shall have priority over other cases except those having statutory priority.
History: L. 2006, ch. 169, § 80; January 1, 2007.
(a) An appeal may be taken by the prosecution from an order:
(1) Dismissing proceedings when jeopardy has not attached;
(2) denying authorization to prosecute a juvenile as an adult;
(3) quashing a warrant or a search warrant;
(4) suppressing evidence or suppressing a confession or admission; or
(5) upon a question reserved by the prosecution.
(b) An appeal upon a question reserved by the prosecution shall be taken within 14 days after the juvenile has been adjudged to be a juvenile offender. Other appeals by the prosecution shall be taken within 14 days after the entry of the order appealed.
History: L. 2006, ch. 169, § 81; L. 2010, ch. 135, § 57; July 1.
(a) An appeal from a district magistrate judge who is not regularly admitted to practice law in Kansas shall be to a district judge. The appeal shall be by trial de novo unless the parties agree to a de novo review on the record of the proceedings. The appeal shall be heard within 30 days from the date the notice of appeal was filed.
(b) Appeals from a district judge, or a district magistrate judge who is regularly admitted to practice law in Kansas, shall be to the court of appeals.
(c) Procedure on appeal shall be governed by article 21 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2006, ch. 169, § 82; L. 2014, ch. 71, § 5; July 1.
(a) Pending the determination of an appeal, any order appealed from shall continue in force unless modified by temporary orders as provided in subsection (b).
(b) While an appeal is pending, the district court may modify the order appealed from and may make temporary orders concerning the care and custody of the juvenile as the court considers advisable.
History: L. 2006, ch. 169, § 83; January 1, 2007.
When an appeal is taken pursuant to this code, fees of an attorney appointed to represent the juvenile offender shall be fixed by the district court. The fees, together with the costs of transcripts and records on appeal, shall be taxed as expenses on appeal. The court on appeal may assess the fees and expenses against the appealing party or order that they be paid from the county general fund. When the court orders the fees and expenses assessed against the appealing party:
(a) The fees and expenses shall be paid from the county general fund, subject to reimbursement by the appealing party; and
(b) the county may enforce the order as a civil judgment, except the county shall not be required to pay the docket fee or fee for execution.
History: L. 2006, ch. 169, § 84; January 1, 2007.
(a) The commissioner may adopt rules and regulations establishing standards of training and provisions for certifying juvenile corrections officers.
(b) Except as provided in subsection (c), no person shall receive a permanent appointment as a juvenile corrections officer unless awarded a certificate by the commissioner which attests to satisfactory completion of a basic course of instruction. Such course of instruction shall be approved by the commissioner and shall consist of not less than 160 hours of instruction. The certificate shall be effective during the term of a person's employment, except that any person who has terminated employment with the commissioner for a period exceeding one year shall be required to be certified again.
(c) The commissioner may award a certificate which attests to the satisfactory completion of a basic course of instruction to any person who has been duly certified under the laws of another state or territory if, in the opinion of the commissioner, the requirements for certification in the other jurisdiction are equal to or exceed the requirements for certification in this state. The commissioner may waive any number of hours or courses required to complete the basic course of instruction for any person who, in the opinion of the commissioner, has received sufficient training or experience that such hours of instruction would be unduly burdensome or duplicitous.
(d) Every juvenile corrections officer shall receive not less than 40 hours of in-service training annually.
History: L. 2006, ch. 169, § 85; January 1, 2007.
(a) The superintendent of any juvenile correctional facility operated by the commissioner, all persons on the staff of the juvenile justice authority who are in the chain of command from the commissioner of juvenile justice to the juvenile corrections officer and every juvenile corrections officer, regardless of rank and every investigator, while acting within the scope of their duties as employees of the juvenile justice authority, shall possess such powers and duties of a law enforcement officer as are necessary for performing such duties for the purpose of regaining or maintaining custody, security and control of any person in the custody of the commissioner and may exercise such powers and duties anywhere within the state of Kansas. Such powers and duties may be exercised outside the state of Kansas for the purpose of maintaining custody, security and control of any person in the custody of the commissioner being transported or escorted by anyone authorized to so act. Such employees of the juvenile justice authority shall be responsible to and shall be at all times under the supervision and control of the commissioner of juvenile justice or the commissioner's designee.
(b) The commissioner shall have the authority to appoint and designate special investigators. Each special investigator designated by the commissioner is hereby vested with the power and authority of peace and police officers and shall have the authority to:
(1) Make arrests;
(2) conduct searches and seizures;
(3) maintain custody, security and control of any person in the custody of the commissioner; and
(4) generally enforce all the criminal laws of the state as violations of those laws are encountered during the routine performance of duty.
(c) No special investigator may carry firearms while performing such duties without having first successfully completed the training course prescribed for law enforcement officers under the Kansas law enforcement training act, K.S.A. 74-5601 et seq., and amendments thereto.
(d) Each special investigator designated shall:
(1) Be vested with law enforcement authority;
(2) be in classified service under the Kansas civil service act; and
(3) be subject to the requirements of the Kansas law enforcement training act, K.S.A. 74-5601 et seq., and amendments thereto.
(e) The commissioner may adopt rules and regulations prescribing additional training required for such special investigators.
History: L. 2006, ch. 169, § 86; L. 2012, ch. 56, § 1; July 1.
(a) In addition to all actions concerning a juvenile offender commenced on or after January 1, 2007, this code also applies to proceedings commenced before January 1, 2007, unless the court finds that application of a particular provision of the code would substantially interfere with the effective conduct of judicial proceedings or prejudice the rights of a party, in which case the particular provision of this code does not apply and the previous code applies.
(b) If a right is acquired, extinguished or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2007, that statute continues to apply to the right, even if it has been repealed or superceded.
History: L. 2006, ch. 169, § 87; January 1, 2007.
(a) The board of education of a school district shall award a high school diploma to any person requesting a diploma if such person: (1) Is at least 17 years of age; (2) is enrolled or resides in such school district; (3) is or has been a child in the custody of the commissioner at any time on or after such person's 14th birthday; and (4) has achieved at least the minimum high school graduation requirements adopted by the state board of education.
(b) This section shall be part of and supplemental to the revised Kansas juvenile justice code.
History: L. 2011, ch. 60, § 2; July 1.
(a)
Findings and purpose.
The following findings and declaration of purpose apply to this section.
(1) The legislature finds that personal and familial circumstances may contribute to the commission of offenses by juveniles who represent a minimal threat to public safety and that in such cases it would further the interests of society and the juvenile to take an approach to adjudication that combines less formal procedures, appropriate disciplinary sanctions for misconduct and the provision of necessary services.
(2) It is the purpose of this section to provide prosecutors with an alternative means of adjudication for juvenile offenders who present a minimal threat to public safety and both the juvenile and society would benefit from such approach.
(b)
Designation.
A county or district attorney with jurisdiction over the offense who believes that proceedings under this section are appropriate may, in such county or district attorney's discretion, designate any alleged juvenile offender for adjudication under this section and not seek application of a placement within the placement matrix pursuant to K.S.A. 38-2369, and amendments thereto, if the alleged juvenile has fewer than two prior adjudications.
(1) The county or district attorney shall make such designation in the original complaint or by written notice filed with the court and served on the juvenile, the juvenile's counsel and the juvenile's parent or legal guardian within 14 days after the filing of the complaint.
(2) The filing of a written application for immediate intervention under K.S.A. 38-2346, and amendments thereto, shall toll the running of the 14-day period and shall resume upon the issuance of a written denial of diversion.
(3) If the county or district attorney makes such designation, the juvenile may be referred to an immediate intervention program established pursuant to K.S.A. 38-2346, and amendments thereto, and in compliance with the standards and procedures developed pursuant to K.S.A. 38-2396, and amendments thereto.
(c)
Exceptions.
Except as provided in this subsection, the provisions of the revised Kansas juvenile justice code, K.S.A. 38-2301 et seq., and amendments thereto, shall apply in any adjudication under this section.
(1) If during the proceedings the court determines that there is probable cause to believe that the juvenile is a child in need of care as defined by K.S.A. 38-2202, and amendments thereto, the court shall refer the matter to the county or district attorney, who shall file a petition as provided in K.S.A. 38-2234, and amendments thereto, and refer the family to the Kansas department for children and families for services. If the child in need of care case is presided over by a different judge, the county or district attorney shall notify the court presiding over the proceedings under this section of pertinent orders entered in the child in need of care case.
(2) Notwithstanding any other provision of law, no juvenile shall be committed to a juvenile correctional facility pursuant to K.S.A. 38-2361(a)(11), and amendments thereto, for an offense adjudicated under this section or for the violation of a term or condition of the disposition for such an offense.
(3) Notwithstanding any other provision of law, no adjudication under this section or violation of the terms and conditions of the disposition shall be used against the juvenile in a proceeding on a subsequent offense committed as a juvenile or as an adult. For purposes of this section, ''used against the juvenile'' includes, but is not limited to, establishing an element of a subsequent offense, raising the severity level of a subsequent offense or enhancing the sentence for a subsequent offense.
(4) Upon completion of the case and the termination of the court's jurisdiction, the court shall order the adjudication expunged, and the provisions of K.S.A. 38-2312(a), (b), (c), (d), (e), (i), (k) and (l), and amendments thereto, shall not apply to such expungement.
(5) Notwithstanding any other provision of law, a juvenile shall not be required to register as an offender under the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, as a result of adjudication under this section.
(6) The provisions of K.S.A. 38-2309 and 38-2310, and amendments thereto, shall not apply to proceedings under this section.
(7) The provisions of K.S.A. 38-2347, and amendments thereto, shall not apply to proceedings under this section.
(8) The provisions of K.S.A. 38-2304(g)(1), and amendments thereto, shall not apply to proceedings under this section.
(9) The trial of offenses under this section shall be to the court and the right to a trial by jury under K.S.A. 38-2357, and amendments thereto, shall not apply.
(d)
Withdrawal.
At any time prior to the beginning of a hearing at which the court may enter an order adjudicating the child as a juvenile offender, the county or district attorney may withdraw the designation for proceedings under this section by providing notice to the court, the juvenile, the juvenile's attorney and guardian ad litem, if any, and the juvenile's parent or legal guardian. Upon withdrawal of the designation, this section shall no longer apply and the case shall proceed and the court shall grant a continuance upon request.
(e)
Appeal.
An adjudication under this section is an appealable order pursuant to K.S.A. 38-2380, and amendments thereto.
(f) This section shall be part of and supplemental to the revised Kansas juvenile justice code.
History: L. 2014, ch. 126, § 1; L. 2016, ch. 46, § 54; July 1, 2017.
(a) On or before January 15, 2015, the secretary of corrections shall perform the actions required by this section and report on such actions to the house committee on corrections and juvenile justice, the senate committee on federal and state affairs and the joint committee on corrections and juvenile justice oversight.
(b) The secretary shall conduct a cost study analysis of all youth residential centers for juvenile offenders under contract to provide services to the department of corrections. The cost study analysis shall:
(1) Include detailed analysis of allowable expenses necessary to meet the minimum requirements for: (A) Licensure of a youth residential center by the department of health and environment; (B) service under contracts with the department of corrections; and (C) compliance with the prison rape elimination act, 42 U.S.C. § 15601 et seq.; and
(2) identify any cost associated with program or other expenses which add value to the services provided to juvenile offenders by youth residential centers in addition to such minimum requirements.
(c) The secretary shall evaluate program needs within youth residential centers for juvenile offenders and compare such needs with program availability. The secretary shall propose modifications to the legislature which align program availability with program needs.
(d) The secretary shall develop a fee schedule for youth residential services for juvenile offenders to include daily payment rates necessary for base service and rates for program component additions to such base service.
(e) The secretary shall develop a plan for performance-based incentive payment opportunities and a plan for integration of such payment opportunities into the fee schedule developed pursuant to subsection (d). The secretary shall also develop a plan to measure performance and evaluate the effectiveness of juvenile offender service providers.
History: L. 2014, ch. 126, § 3; July 1.
(a) Upon adjudication as a juvenile offender pursuant to K.S.A. 38-2356, and amendments thereto, modification of sentence pursuant to K.S.A. 38-2367, and amendments thereto, or violation of a condition of sentence pursuant to K.S.A. 38-2368, and amendments thereto, the court may impose one or more of the sentencing alternatives under K.S.A. 38-2361, and amendments thereto, for a period of time pursuant to this section and K.S.A. 38-2369, and amendments thereto. The period of time ordered by the court shall not exceed the overall case length limit.
(b) Except as provided in subsection (c), the overall case length limit shall be calculated based on the adjudicated offense and the results of a risk and needs assessment, as follows:
(1) Offenders adjudicated for a misdemeanor may remain under the jurisdiction of the court for up to 12 months;
(2) low-risk and moderate-risk offenders adjudicated for a felony may remain under court jurisdiction for up to 15 months; and
(3) high-risk offenders adjudicated for a felony may remain under court jurisdiction for up to 18 months.
(c) There shall be no overall case length limit for a juvenile adjudicated for a felony which, if committed by an adult, would constitute an off-grid felony or a nondrug severity level 1 through 4 person felony.
(d) When a juvenile is adjudicated for multiple counts, the maximum overall case length shall be calculated based on the most severe adjudicated count or any other adjudicated count at the court's discretion. The court shall not run multiple adjudicated counts consecutively.
(e) When the juvenile is adjudicated for multiple cases simultaneously, the court shall run such cases concurrently.
(f) Upon expiration of the overall case length limit as defined in subsection (b), the court's jurisdiction terminates and shall not be extended, except as provided in subsection (g)(2).
(g) (1) For the purposes of placing juvenile offenders on probation pursuant to K.S.A. 38-2361, and amendments thereto, the court shall establish a specific term of probation as specified in this subsection based on the most serious adjudicated count in combination with the results of a risk and needs assessment, as follows, except that the term of probation shall not exceed the overall case length limit:
(A) Low-risk and moderate-risk offenders adjudicated for a misdemeanor and low-risk offenders adjudicated for a felony may be placed on probation for a term up to six months;
(B) high-risk offenders adjudicated for a misdemeanor and moderate-risk offenders adjudicated for a felony may be placed on probation for a term up to nine months; and
(C) high-risk offenders adjudicated for a felony may be placed on probation for a term up to 12 months.
(2) The court may extend the term of probation if a juvenile needs time to complete an evidence-based program as determined to be necessary based on the results of a validated risk and needs assessment and, if necessary, may extend the overall case length limit to allow for completion of such program when failure to complete such program is due to a repeated, intentional effort to delay by the juvenile as reported by the evidence-based services provider. The court may also extend the term of probation for good cause shown for one month for low-risk offenders, three months for moderate-risk offenders and six months for high-risk offenders. Prior to extension of the initial probationary term, the court shall find and enter into the written record the criteria permitting extension of probation. Extensions of probation and the overall case length limit shall only be granted incrementally. When the court extends the term of probation for a juvenile offender, the court services officer or community correctional services officer responsible for monitoring such juvenile offender shall record the reason given for extending probation. Court services officers shall report such records to the office of judicial administration, and community correctional services officers shall report such records to the department of corrections. The office of judicial administration and the department of corrections shall report such recorded data to the Kansas juvenile justice oversight committee on a quarterly basis.
(3) The probation term limits do not apply to those offenders adjudicated for an offense which, if committed by an adult, would constitute an off-grid crime, rape as defined in K.S.A. 21-5503(a)(1), and amendments thereto, aggravated criminal sodomy as defined in K.S.A. 21-5504(b)(3), and amendments thereto, or murder in the second degree as defined in K.S.A. 21-5403, and amendments thereto. Such offenders may be placed on probation for a term consistent with the overall case length limit.
(4) The probation term limits and overall case length limits provided in this section shall be tolled during any time that the offender has absconded from supervision while on probation, and the time on such limits shall not start to run again until the offender is located and brought back to the jurisdiction.
(h) For the purpose of placing juvenile offenders in detention pursuant to K.S.A. 38-2361 and 38-2369, and amendments thereto, the court shall establish a specific term of detention. The term of detention shall not exceed the overall case length limit or the cumulative detention limit. Cumulative detention use shall be limited to a maximum of 45 days over the course of the juvenile offender's case, except that there shall be no limit on cumulative detention for juvenile offenders adjudicated for a felony which, if committed by an adult, would constitute an off-grid felony or a nondrug severity level 1 through 4 person felony.
(i) The provisions of this section shall apply upon disposition or 15 days after adjudication, whichever is sooner, unless the juvenile fails to appear for such juvenile's dispositional hearing. If a juvenile fails to appear at such juvenile's dispositional hearing, the probation term limits and overall case length limits provided in this section shall not apply until the juvenile is brought before the court for disposition in such juvenile's case.
(j) This section shall be a part of and supplemental to the revised Kansas juvenile justice code.
History: L. 2016, ch. 46, § 1; L. 2017, ch. 90, § 10; L. 2018, ch. 52, § 3; L. 2023, ch. 96, § 10; July 1.
(a) The department of corrections shall, in consultation with the supreme court, adopt rules and regulations by January 1, 2017, for a statewide system of structured community-based graduated responses for technical violations of probation, violations of conditional release and violations of a condition of sentence by juveniles. Such graduated responses shall be utilized by community supervision officers to provide a continuum of community-based responses. These responses shall include sanctions that are swift and certain to address violations based on the severity of the violation as well as incentives that encourage positive behaviors. Such responses shall take into account the juvenile's risks and needs. The court services officer or community correctional services officer shall immediately notify the court and shall submit in writing a report showing in what manner the juvenile has violated probation, conditional release or a condition of sentence.
(b) (1) Except as provided in paragraph (4), when a juvenile is placed on probation pursuant to K.S.A. 38-2361, and amendments thereto, community supervision officers shall utilize graduated responses, targeted to the juvenile's risks and needs based on the results of a risk and needs assessment to address technical violations. A technical violation shall only be considered by the court for revocation if:
(A) It is a third or subsequent technical violation;
(B) prior failed responses are documented in the juvenile's case plan; and
(C) the community supervision officer has determined and documented that graduated responses to the violation will not suffice.
(2) Unless a juvenile poses a significant risk of physical harm to another or damage to property, community supervision officers shall issue a summons rather than request a warrant on a third or subsequent technical violation subject to review by the court.
(3) Absconding from supervision shall not be considered a technical violation of probation and, after reasonable efforts to locate a juvenile that has absconded are unsuccessful, the court may issue a warrant for the juvenile pursuant to K.S.A. 38-2342, and amendments thereto.
(4) When a juvenile is placed on probation pursuant to K.S.A. 38-2361, and amendments thereto, a judge may commit such juvenile to detention for a violation of probation and for contempt of court if the judge makes a finding that the juvenile is demonstrating escalating use of physical violence, aggression, weapons, damage to property or life-threatening substances. A juvenile may be committed to detention for a period not to exceed:
(A) 24 hours for a first violation;
(B) 48 hours for a second violation; and
(C) 15 days for a third or subsequent violation.
(c) When a juvenile is placed on probation pursuant to K.S.A. 38-2361, and amendments thereto, the community supervision officer responsible for oversight of the juvenile shall develop a case plan in consultation with the juvenile and the juvenile's family. The department for children and families and local board of education may participate in the development of the case plan when appropriate.
(1) Such case plan shall incorporate the results of the risk and needs assessment, referrals to programs, documentation on violations and graduated responses and shall clearly define the role of each person or agency working with the juvenile.
(2) If the juvenile is later committed to the custody of the secretary, the case plan shall be shared with the juvenile correctional facility.
(d) This section shall be a part of and supplemental to the revised Kansas juvenile justice code.
History: L. 2016, ch. 46, § 2; L. 2017, ch. 90, § 11; L. 2023, ch. 96, § 11; July 1.
(a) (1) The court shall appoint a multidisciplinary team to review cases in which a juvenile fails to substantially comply with the development of the immediate intervention plan pursuant to K.S.A. 38-2346(b), and amendments thereto. The team may be a standing multidisciplinary team or may be appointed for a specific juvenile. (2) The supreme court shall appoint a multidisciplinary team facilitator in each judicial district. The supreme court may appoint a convener and facilitator for a multiple district multidisciplinary team.
(b) The multidisciplinary team facilitator shall invite the following individuals to be part of the multidisciplinary team:
(1) The juvenile;
(2) the juvenile's parents, guardians or custodial relative;
(3) the superintendent of schools or the superintendent's designee;
(4) a clinician who has training and experience coordinating behavioral or mental health treatment for juveniles if such clinician is available; and
(5) any other person or agency representative who is needed to assist in providing recommendations for the particular needs of the juvenile and family.
(c) Any person appointed as a member of a multidisciplinary team may decline to serve and shall incur no civil liability as a result of declining to serve.
(d) This section shall take effect on and after January 1, 2017.
History: L. 2016, ch. 46, § 3; July 1.
(a) Training on evidence-based programs and practices shall be mandatory for all individuals who work with juveniles adjudicated or participating in an immediate intervention under the Kansas revised juvenile justice code. Such individuals shall include, but not be limited to:
(1) Community supervision officers;
(2) juvenile intake and assessment workers;
(3) juvenile corrections officers; and
(4) any individual who works with juveniles through a contracted organization providing services to juveniles.
(b) The department of corrections, in conjunction with the office of judicial administration shall provide training in evidence-based programs and practices on not less than a semi-annual basis to those required to receive such training pursuant to subsection (a).
History: L. 2016, ch. 46, § 5; July 1.
(a) The department of corrections, in collaboration with the office of judicial administration, shall develop standards and procedures to guide the administration of an immediate intervention process and programs developed pursuant to K.S.A. 38-2346, and amendments thereto, and alternative means of adjudication pursuant to K.S.A. 38-2389, and amendments thereto. Such standards and procedures shall include, but not be limited to:
(1) Contact requirements;
(2) parent engagement;
(3) graduated response and discharge requirements; and
(4) process and quality assurance.
(b) This section shall take effect on and after January 1, 2017.
History: L. 2016, ch. 46, § 6; July 1.
(a) When a juvenile is placed outside the juvenile's home at a dispositional hearing pursuant to K.S.A. 38-2361(k), and amendments thereto, and no reintegration plan is made a part of the record of the hearing, a written reintegration plan shall be prepared and submitted to the court within 15 days of the initial order of the court.
(b) The plan shall be prepared by the person who has custody or, if directed by the court, by a community supervision officer.
(c) If there is a lack of agreement among persons necessary for the success of the plan, the person or entity having custody of the child shall notify the court, and the court shall set a hearing pursuant to K.S.A. 38-2367, and amendments thereto.
(d) This section shall be part of and supplemental to the revised Kansas juvenile justice code.
(e) This section shall take effect on and after July 1, 2017.
History: L. 2016, ch. 46, § 7; July 1.
For purposes of determining a release date of a juvenile offender from custody of the secretary of corrections, the secretary shall promulgate rules and regulations by January 1, 2017, regarding earned time calculations.
History: L. 2016, ch. 46, § 8; July 1.
(a) For purposes of determining release of a juvenile from probation, the supreme court, in consultation with the department of corrections, shall establish rules for a system of earned discharge for juvenile probationers to be applied by all community supervision officers. A probationer shall be awarded earned discharge credits while on probation for each full calendar month of compliance with terms of supervised probation pursuant to the rules developed by the supreme court.
(b) The state of Kansas, the secretary of corrections, the secretary's agents or employees, the office of judicial administration and court services officers shall not be liable for damages caused by any negligent or wrongful act or omission in making the earned discharge credit calculations authorized by this section.
History: L. 2016, ch. 46, § 9; L. 2017, ch. 90, § 12; July 1.
(a) The secretary of corrections may contract for use of not more than 50 non-foster home beds in youth residential facilities for placement of juvenile offenders pursuant to K.S.A. 38-2361(a)(13)*, and amendments thereto.
(b) When contracting for services, the secretary shall:
(1) Contract with facilities that have high success rates and decrease recidivism rates for juvenile offenders;
(2) consider contracting for bed space across the entire state to lower the cost of transportation of juvenile offenders; and
(3) give priority to existing facilities that are able to meet the requirements of the secretary for providing residential services to juvenile offenders.
(c) This section shall take effect on and after January 1, 2018.
History: L. 2016, ch. 46, § 17; July 1.
The department of corrections shall develop for use by the courts pursuant to K.S.A. 38-2367(d), and amendments thereto, community integration programs for juveniles who are ready to transition to independent living. Community integration programs shall be designed to prepare juveniles to become socially and financially independent from the program.
History: L. 2016, ch. 46, § 12; July 1.
(a) When a juvenile is removed from the home for the first time pursuant to the revised Kansas juvenile justice code, the judge shall consider and make, if appropriate, the following findings:
(1) (A) The juvenile is likely to sustain harm if not immediately removed from the home;
(B) allowing the juvenile to remain in the home is contrary to the welfare of the juvenile; or
(C) immediate placement of the juvenile is in the juvenile's best interest; and
(2) reasonable efforts have been made to maintain the family unit and prevent the unnecessary removal of the juvenile from the juvenile's home or that an emergency exists which threatens the safety of the juvenile.
(b) This section shall be part of and supplemental to the revised Kansas juvenile justice code.
History: L. 2017, ch. 90, § 1; July 1.
(a) The secretary of corrections shall ensure that, when a juvenile is placed in detention, the juvenile shall:
(1) Receive a standardized risk and needs assessment within 72 hours or, if a standardized risk and needs assessment has been conducted on the juvenile, have the appropriate updates made to such assessment within 72 hours;
(2) receive an updated or completed case plan within 48 hours after the standardized risk and needs assessment has been conducted or updated; and
(3) have access to behavioral health services, mental health services and substance use treatment disorder services while in detention.
(b) The secretary of corrections shall coordinate with court services, community corrections and juvenile detention centers to provide the services required by this section in a timely manner. If the juvenile is in the custody of the secretary for children and families, the secretary of corrections shall coordinate with the secretary for children and families when providing such services. The cost of the assessments conducted or the services provided pursuant to subsection (a) may be assessed to the department of corrections.
(c) The secretary of corrections shall collect data related to the assessments conducted and the services provided pursuant to this section and shall report findings to the joint committee on corrections and juvenile justice on or before July 1 of each year.
History: L. 2023, ch. 96, § 2; July 1.
K.S.A. 38-2401 through 38-2405, and amendments thereto, shall be known and may be cited as the host families act.
History: L. 2016, ch. 102, § 1; July 1.
As used in the host families act:
(a) "Charitable organization" has the same meaning as defined in K.S.A.
17-1760, and amendments thereto.
(b) "Child placement agency" means a business or service conducted, maintained or operated by a person engaged in finding homes for children by placing or arranging for the placement of such children for adoption or foster care and licensed by the state of Kansas pursuant to K.S.A.
65-501, and amendments thereto.
(c) "Host family" means an individual or family who provides temporary care under this act.
(d) "Parent," when used in relation to a child or children, includes a guardian and every person who is by law liable to maintain, care for or support the child.
(e) "Serving parent" means a parent who is a member of the reserves of the army, navy, air force, marine corps or coast guard of the United States or the commissioned corps of the national oceanic and atmospheric administration or the public health service of the United States department of health and human services detailed by proper authority for duty with the army or navy of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the president of the United States or to serve on state active duty.
History: L. 2016, ch. 102, § 2; July 1.
(a) A child placement agency, or other Kansas charitable organization working under an agreement with a child placement agency, may establish a program in which it coordinates with private organizations to provide temporary care of children by placing a child with a host family.
(b) (1) A program established pursuant to subsection (a) shall include screening and background checks for potential host families. Such screening and background checks shall be the same as the screening and background checks required for obtaining and maintaining a license to operate a family foster home pursuant to rules and regulations adopted by the secretary for children and families.
(2) A host family shall not receive payment other than reimbursement for actual expenses of providing temporary care for the child.
(c) Any placement of a child into a program established pursuant to subsection (a):
(1) Shall be voluntary and shall not be considered an out-of-home placement by the state;
(2) shall not supersede any order under the revised Kansas code for care of children or any other court order; and
(3) shall not preclude any investigation of suspected abuse or neglect.
(d) (1) A parent may place a child into a program established pursuant to subsection (a) by executing a power of attorney delegating to a host family any of the powers regarding the care and custody of the child, except the power to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. Such placement of a child shall not be allowed without the consent of all individuals who have legal custody of the child.
(2) (A) A power of attorney executed pursuant to this subsection shall not exceed one year in duration, except that such power of attorney may be renewed for one additional year.
(B) A serving parent may execute a power of attorney pursuant to this section for a duration longer than one year if on active duty service, and the duration of such power of attorney shall not exceed the term of active duty service plus 30 days.
(3) A delegation of powers pursuant to this subsection shall not: (A) Deprive any parent of any parental or legal authority regarding the care and custody of the child; (B) deprive any non-delegating parent of any parental or legal authority regarding the child, if such parent's rights have not otherwise been terminated or relinquished as provided by law; or (C) affect any parental or legal authority otherwise limited by a court order.
(4) A parent executing a power of attorney pursuant to this subsection shall have the authority to revoke or withdraw the power of attorney at any time. If a parent withdraws or revokes the power of attorney, the child shall be returned to the custody of the parent as soon as reasonably possible.
(5) The execution of a power of attorney by a parent pursuant to this subsection shall not be evidence of abandonment, abuse or neglect as defined in K.S.A. 38-2202, and amendments thereto.
(6) A power of attorney executed pursuant to this subsection shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council. The judicial council shall develop a form for use under this subsection.
History: L. 2016, ch. 102, § 3; July 1.
During any child protective investigation by the Kansas department for children and families that does not result in an out-of-home placement due to abuse of a child, the department is authorized and encouraged to provide information to the parent or custodian about community service programs that provide respite care, voluntary guardianship or other support services for families in crisis, including organizations that operate programs authorized under K.S.A. 38-2403, and amendments thereto. In providing information, the department is authorized to exercise its discretion in recommending programs, organizations and resources to the parent or custodian.
History: L. 2016, ch. 102, § 4; July 1.
The Kansas department for children and families is hereby authorized to work with families who are in financial distress, unemployed, homeless or experiencing other family crises by detailing community resources available to such families in the community, including, but not limited to, respite care, voluntary guardianship under the host families act and information regarding child placement agencies and other charitable organizations that operate programs authorized under K.S.A. 38-2403, and amendments thereto.
History: L. 2016, ch. 102, § 5; July 1.
The provisions of K.S.A. 2025 Supp. 38-2501 through 38-2507, and amendments thereto, shall be known and may be cited as the adoption savings account act.
History: L. 2024, ch. 93, § 1; July 1.
As used in this act:
(a) "Act" means the adoption savings account act.
(b) "Account" or "adoption savings account" means an individual savings account established in accordance with the provisions of this act.
(c) "Account holder" means an individual who establishes an account that is designated as an adoption savings account pursuant to the provisions of K.S.A. 2025 Supp. 38-2503, and amendments thereto, with a financial institution.
(d) "Designated beneficiary" means the individual designated by an account holder pursuant to the provisions of K.S.A. 2025 Supp. 38-2503, and amendments thereto, as the individual whose eligible expenses are expected to be paid from the account for the adoption of a child.
(e) "Eligible expenses" means:
(1) Reasonable fees for legal and other professional services rendered in connection with an adoption or placement for adoption not to exceed customary fees for similar services by professionals of equivalent experience and reputation where the services are performed;
(2) reasonable fees of a licensed child-placing agency;
(3) actual and necessary expenses incidental to the adoption or placement proceeding;
(4) actual medical expenses of the mother attributable to pregnancy and birth;
(5) actual medical expenses of the child; and
(6) reasonable living expenses of the mother that are incurred during or as a result of the pregnancy.
(f) "Financial institution" means any state or federally chartered bank, trust company, savings and loan association or credit union that is:
(1) Authorized to do business in this state; and
(2) insured by the federal deposit insurance corporation or the national credit union administration.
(g) "Secretary" means the secretary of revenue.
History: L. 2024, ch. 93, § 2; July 1.
(a) On and after July 1, 2025, any individual may open an account with a financial institution and designate the account, in its entirety, as an adoption savings account to be used to pay or reimburse a designated beneficiary's eligible expenses for the adoption of a child. An individual may be the account holder of multiple accounts and an individual may jointly own the account with another individual if such individuals file a joint income tax return. An account holder shall comply with the requirements of this act to be eligible for the modifications set forth in K.S.A. 79-32,117, and amendments thereto.
(b) (1) An account holder shall designate, not later than April 15 of the year following the taxable year during which the account is established, a prospective adoptive parent as the designated beneficiary of the account. Nothing in this section shall prohibit an account holder from designating such account holder as the designated beneficiary of an account. An account holder may change the designated beneficiary at any time, but no account shall have more than one designated beneficiary at any time. An individual may be designated as the designated beneficiary of more than one account if such accounts are held by separate account holders. No account holder shall be authorized to designate the same designated beneficiary on multiple accounts held by such account owner, except when opening certificates of deposit.
(2) The naming of a designated beneficiary shall not create a survivorship interest in the account for such designated beneficiary. In the event of the death of an account holder, the balance of such account shall be paid to the payable on death beneficiary in accordance with K.S.A. 9-1215, and amendments thereto, or, in the absence of a named payable on death beneficiary, in accordance with the provisions of the Kansas probate code.
(c) (1) The following limits apply to an account established pursuant to this act:
(A) The maximum contribution to an account in any tax year shall be $6,000 for an individual and $12,000 for a married couple filing a joint return;
(B) the maximum amount of all contributions into an account in all tax years shall be $48,000 for an individual and $96,000 for a married couple filing a joint return; and
(C) the maximum total amount in an account shall be $100,000.
(2) If a limit in paragraph (1) is exceeded, then thereafter all interest or other income earned on the investment of moneys in an account shall be subject to the tax imposed by the Kansas income tax act.
(3) Moneys may remain in an account for an unlimited duration without the interest or income being subject to recapture or penalty.
(d) The account holder shall not use moneys in an account to pay expenses of administering the account, except that a service fee may be deducted from the account by a financial institution. The account holder shall be responsible for maintaining documentation for the account and for eligible expenses related to the designated beneficiary's adoption of a child.
History: L. 2024, ch. 93, § 3; July 1.
(a) The moneys in an adoption savings account may be:
(1) Used for eligible expenses related to a designated beneficiary's adoption of a child;
(2) used for eligible expenses that would have qualified pursuant to paragraph (1) but the adoption was not completed;
(3) transferred to another newly created account;
(4) invested in certificates of deposit opened and designated as adoption savings accounts; and
(5) used to pay service fees assessed by the financial institution.
(b) Moneys withdrawn from an account shall be subject to recapture by the secretary in the tax year in which they were withdrawn if:
(1) At the time of the withdrawal, it has been less than a year since the first deposit in the account; or
(2) the moneys are used for any purpose other than the expenses or transactions authorized pursuant to subsection (a)(1).
(c) Moneys that are subject to recapture shall be an amount equal to the moneys withdrawn from an account and shall be added to the Kansas adjusted gross income pursuant to K.S.A. 79-32,117(b), and amendments thereto, of the account holder or, if the account holder is no longer living, the designated beneficiary. If any moneys are subject to recapture, the account holder shall pay a penalty in the following amounts:
(1) If the withdrawal of moneys occurred 10 or less years after the first deposit in the account, 5% of the amount subject to recapture; and
(2) if the withdrawal of moneys occurred more than 10 years after the first deposit in the account, 10% of the amount subject to recapture.
(d) The penalties provided in subsection (c) shall not apply if the withdrawn moneys are from an account after the death of the designated beneficiary, and the account holder did not designate a new designated beneficiary during the same tax year.
(e) If the account holder dies or, if the account is jointly owned and the account owners die, and the account does not have a surviving payable on death beneficiary, then all of the moneys in the account resulting from contributions or income earned from assets in the account shall be subject to recapture in the tax year of the death or deaths pursuant to K.S.A. 79-32,117, and amendments thereto, but no penalty shall be assessed pursuant to subsection (c).
History: L. 2024, ch. 93, § 4; July 1.
(a) The secretary shall establish forms for an account holder to annually report information about any accounts held by such account holder. An account holder shall annually file with the account holder's state income tax return all forms required by the secretary under this section, the form 1099 for the account issued by the financial institution and any other supporting documentation the secretary requires.
(b) Prior to July 1, 2025, the secretary shall adopt rules and regulations necessary to administer the provisions of this act.
History: L. 2024, ch. 93, § 5; July 1.
(a) No financial institution shall be required to:
(1) Designate an account as an adoption savings account or designate the beneficiaries of an account in the financial institution's account contracts or systems or in any other way;
(2) track the use of moneys withdrawn from an account; or
(3) report any information to the department of revenue or any other governmental agency that is not otherwise required by law.
(b) No financial institution shall be responsible or liable for:
(1) Determining or ensuring that an account holder is eligible for a Kansas adjusted gross income modification pursuant to K.S.A. 79-32,117, and amendments thereto;
(2) determining or ensuring that moneys in the account are used for eligible expenses; or
(3) reporting or remitting taxes or penalties related to the use of account moneys.
(c) A financial institution may rely on such financial institution's account records for determining a payable on death beneficiary for an adoption savings account. If the payable on death beneficiary in a financial institution's account records conflicts with the designated beneficiary on any form required by the secretary pursuant to this act, the payable on death beneficiary in such financial institution's account records shall control.
History: L. 2024, ch. 93, § 6; July 1.
The state treasurer may have nonexclusive authority to market the adoption savings account program to account holders and financial institutions throughout the state and may report on the marketing initiatives in the state treasurer's office annual report.
History: L. 2024, ch. 93, § 7; July 1.
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