reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 38 - Minors › Article 18 - Abolishment Of Corporation For Change; Citizen Review Boards › 38-1813 Local citizen review board; duties and powers.

38-1813.
Local citizen review board; duties and powers.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 18 - Abolishment Of Corporation For Change; Citizen Review Boards › 38-1816 Corporation for change; abolishment.

38-1816.
Corporation for change; abolishment.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 18 - Abolishment Of Corporation For Change; Citizen Review Boards › 38-1817 Family and children trust account transferred to Kansas department for children and families.

38-1817. Family and children trust account transferred to Kansas department for children and families.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 18 - Abolishment Of Corporation For Change; Citizen Review Boards › 38-1818 Permanent families account transferred to judicial administrator of the courts.

38-1818.
Permanent families account transferred to judicial administrator of the courts.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 18 - Abolishment Of Corporation For Change; Citizen Review Boards › 38-1819 Transfer of employees.

38-1819. Transfer of employees.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 18 - Abolishment Of Corporation For Change; Citizen Review Boards › 38-1820 Conflicts as to power, function or duty to be resolved by governor.

38-1820. Conflicts as to power, function or duty to be resolved by governor.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 18 - Abolishment Of Corporation For Change; Citizen Review Boards › 38-1821 Legal custody of records transferred; no abatement of suits, actions or proceedings.

38-1821. Legal custody of records transferred; no abatement of suits, actions or proceedings.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 18 - Abolishment Of Corporation For Change; Citizen Review Boards › 38-1822 Balance of funds and liabilities transferred.

38-1822. Balance of funds and liabilities transferred.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 20 - Insurance Coverage For Children › 38-2002 Same; rules and regulations.

38-2002. Same; rules and regulations.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 20 - Insurance Coverage For Children › 38-2003 Same; abortion exclusion; "health benefits coverage" defined.

38-2003.
Same; abortion exclusion; "health benefits coverage" defined.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 20 - Insurance Coverage For Children › 38-2004 Same; eligibility for coverage.

38-2004.
Same; eligibility for coverage.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 20 - Insurance Coverage For Children › 38-2005 Same; contracts.

38-2005.
Same; contracts.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 20 - Insurance Coverage For Children › 38-2006 Same; duty of secretary to advise and consult.

38-2006. Same; duty of secretary to advise and consult.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 20 - Insurance Coverage For Children › 38-2007 Same; report on funding alternatives and performance.

38-2007. Same; report on funding alternatives and performance.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 20 - Insurance Coverage For Children › 38-2009 Kansas insurance coverage for children fund, credits, expenditures.

38-2009.
Kansas insurance coverage for children fund, credits, expenditures.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 20 - Insurance Coverage For Children › 38-2010 Severability.

38-2010.
Severability.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 21 - Kansas Endowment For Youth Fund, Children's Initiatives Fund And Related Funds; Disposition Of Tobacco Litigation Settlement Proceeds › 38-2101 Kansas endowment for youth fund; tobacco litigation settlement agreement proceeds, disposition; investment, management and administration of fund.

38-2101.
Kansas endowment for youth fund; tobacco litigation settlement agreement proceeds, disposition; investment, management and administration of fund.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 21 - Kansas Endowment For Youth Fund, Children's Initiatives Fund And Related Funds; Disposition Of Tobacco Litigation Settlement Proceeds › 38-2105 Reports to governor and legislature, actual and estimated receipts and investment earnings to Kansas endowment for youth fund.

38-2105.
Reports to governor and legislature, actual and estimated receipts and investment earnings to Kansas endowment for youth fund.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2204 Venue.

38-2204.
Venue.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2206 Appointment of special advocate.

38-2206.
Appointment of special advocate.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2207 Citizen review boards; members.

38-2207.
Citizen review boards; members.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2208 Same; duties and powers.

38-2208.
Same; duties and powers.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2210 Parties authorized to exchange information.

38-2210. Parties authorized to exchange information.
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.
Section was also amended by L. 2022, ch. 78, § 5, but that version was repealed by L. 2022, ch. 92, § 9.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2214 Duties of county or district attorney.

38-2214.
Duties of county or district attorney.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2216 Expense of care and custody of child.

38-2216.
Expense of care and custody of child.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2218 Educational decisions; educational advocates for exceptional children.

38-2218.
Educational decisions; educational advocates for exceptional children.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2220 Parentage.

38-2220. Parentage.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2221 Fingerprints and photographs.

38-2221. Fingerprints and photographs.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2222 Public information and educational program; reporting of suspected abuse or neglect.

38-2222. Public information and educational program; reporting of suspected abuse or neglect.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2224 Same; employer prohibited from imposing sanctions on employee making report or cooperating in investigation; penalty.

38-2224.
Same; employer prohibited from imposing sanctions on employee making report or cooperating in investigation; penalty.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2225 Same; reporting of certain abuse or neglect of children in institutions operated by the secretary; rules and regulations.

38-2225.
Same; reporting of certain abuse or neglect of children in institutions operated by the secretary; rules and regulations.
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.