reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2273 Appeals; procedure; verification; continuing jurisdiction.

38-2273. Appeals; procedure; verification; continuing jurisdiction.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2274 Temporary orders pending appeal; status of orders appealed from.

38-2274.
Temporary orders pending appeal; status of orders appealed from.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2275 Fees and expenses.

38-2275.
Fees and expenses.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2276 Prohibiting detainment or placement of child in jail.

38-2276.
Prohibiting detainment or placement of child in jail.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2277 Determination of child support.

38-2277.
Determination of child support.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2278 Journal entry for child support.

38-2278.
Journal entry for child support.
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 __________ and __________"
(obligee's name)  (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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2280 Remedies supplemental not substitute.

38-2280.
Remedies supplemental not substitute.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2281 Family services and community intervention fund; child in need of care, purpose of expenditure of moneys.

38-2281.
Family services and community intervention fund; child in need of care, purpose of expenditure of moneys.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2283 Application to existing cases.

38-2283.
Application to existing cases.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2284 Precedence of certain orders issued under revised Kansas code for care of children and revised Kansas juvenile justice code.

38-2284. Precedence of certain orders issued under revised Kansas code for care of children and revised Kansas juvenile justice code.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2285 Awarding high school diplomas; requirements.

38-2285. Awarding high school diplomas; requirements.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2286 Child removed from custody of parent, substantial consideration of grandparent.

38-2286. Child removed from custody of parent, substantial consideration of grandparent.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2287 Child in custody, victim of certain conduct; special assessment to determine safety, placement and treatment needs.

38-2287. Child in custody, victim of certain conduct; special assessment to determine safety, placement and treatment needs.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2288 CINC placement in a juvenile detention facility.

38-2288. CINC placement in a juvenile detention facility.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2289 Child in custody, victim of certain conduct; reporting of information.

38-2289. Child in custody, victim of certain conduct; reporting of information.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2290 Child with sexual behavior problems; referral to mental health provider; additional services.

38-2290. Child with sexual behavior problems; referral to mental health provider; additional services.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2291 Qualified residential treatment program placement; required notices; court determinations.

38-2291. Qualified residential treatment program placement; required notices; court determinations.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 22 - Revised Kansas Code For Care Of Children › 38-2292 Risk and needs assessment for children exhibiting juvenile offender behavior.

38-2292. Risk and needs assessment for children exhibiting juvenile offender behavior.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2301 Citation; goals of the code; policy development.

38-2301.
Citation; goals of the code; policy development.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2305 Venue.

38-2305. Venue.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2306 Right to an attorney.

38-2306.
Right to an attorney.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2307 Court-appointed special advocate; immunity from liability; supreme court rules.

38-2307.
Court-appointed special advocate; immunity from liability; supreme court rules.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2308 Local citizen review board; duties and powers.

38-2308.
Local citizen review board; duties and powers.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2311 Records of diagnostic, treatment or medical records concerning juveniles; penalties.

38-2311.
Records of diagnostic, treatment or medical records concerning juveniles; penalties.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2314 Docket fee; authorized only by legislative enactment; expenses; assessment.

38-2314. Docket fee; authorized only by legislative enactment; expenses; assessment.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2318 Determination of parentage.

38-2318. Determination of parentage.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2319 Determination of child support.

38-2319. Determination of child support.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2320 Journal entry for child support.

38-2320.
Journal entry for child support.
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 __________ and __________"
(obligee's name)  (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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2322 Remedies supplemental not substitute.

38-2322.
Remedies supplemental not substitute.
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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2324 Liability of parent or guardian for assistance provided juvenile, exceptions.

38-2324.
Liability of parent or guardian for assistance provided juvenile, exceptions.
(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.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2327 Commencement of proceedings; duties of county or district attorney.

38-2327.
Commencement of proceedings; duties of county or district attorney.
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.
2023 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; January 1, 2007.
2023 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.
2023 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; January 1, 2017.