reglab/housing_qa huggingface dataset:
KS Stat § 38-2328 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2328 Pleadings.

38-2328. Pleadings. (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; Jan. 1, 2007.
KS Stat § 38-2329 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2329 Notice of defense of alibi or mental disease or defect.

38-2329. Notice of defense of alibi or mental disease or defect. 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.
KS Stat § 38-2331 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2331 Criteria for detention of juvenile in detention facility.

38-2331. Criteria for detention of juvenile in detention facility. (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; Jan. 1, 2017.
KS Stat § 38-2332 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2332 Prohibiting placement or detention of juvenile in jail; exceptions; review of records and determination of compliance by the department of corrections.

38-2332. Prohibiting placement or detention of juvenile in jail; exceptions; review of records and determination of compliance by the department of corrections. (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; Jan. 1, 2017.
KS Stat § 38-2333 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2333 Juvenile less than 14, admission or confession from interrogation.

38-2333. Juvenile less than 14, admission or confession from interrogation. (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; Jan. 1, 2007.
KS Stat § 38-2336 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2336 Proceedings upon filing of complaint.

38-2336. Proceedings upon filing of complaint. 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; Jan. 1, 2007.
KS Stat § 38-2337 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2337 Summons; persons upon whom served; form.

38-2337. Summons; persons upon whom served; form. (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; Jan. 1, 2007.
KS Stat § 38-2338 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2338 Service of process.

38-2338. Service of process. (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; Jan. 1, 2007.
KS Stat § 38-2339 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2339 Proof of service.

38-2339. Proof of service. 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; Jan. 1, 2007.
KS Stat § 38-2340 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2340 Service of other pleadings.

38-2340. Service of other pleadings. (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; Jan. 1, 2007.
KS Stat § 38-2341 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2341 Subpoenas and witness fees.

38-2341. Subpoenas and witness fees. (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; Jan. 1, 2007.
KS Stat § 38-2342 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2342 Issuance of warrants.

38-2342. Issuance of warrants. 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.
KS Stat § 38-2344 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2344 First appearance; plea.

38-2344. First appearance; plea. (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; Jan. 1, 2017.
KS Stat § 38-2345 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2345 Nolo contendere.

38-2345. Nolo contendere. 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; Jan. 1, 2007.
KS Stat § 38-2349 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2349 Same; commitment of incompetent.

38-2349. Same; commitment of incompetent. (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; Jan. 1, 2007.
KS Stat § 38-2350 (2021)
2021 Kansas Statutes|Chapter 38 - Minors|Article 23 - Revised Kansas Juvenile Justice Code|38-2350 Same; juvenile not mentally ill person.

38-2350. Same; juvenile not mentally ill person. (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.