38-2315.Expense of care and custody ofjuvenile.(a) How paid. (1) If a juvenile, subject to thiscode, is not eligible for assistanceunder K.S.A. 39-709, and amendments thereto, expenses for the care and custodyof the juvenileshall be paid out of the general fund of the county in which the proceedingsare initiated. Uponentry of a written order transferring venue pursuant toK.S.A. 2009 Supp.38-2305, and amendments thereto,expenses shall be paid by the receiving county. For the purpose of thissection, a juvenile who isa nonresident of the state of Kansas or whose residence is unknown shall haveresidence in thecounty where the proceedings are initiated.
(2) When the custody of a juvenile is awarded to the commissioner, theexpenses for thecare and custody of the juvenile from the date of custody forward shall not bepaid out of the county general fund, except as provided in subsection (d) orK.S.A. 2009 Supp.38-2373, and amendments thereto. In noevent shall the payment authorized by this subsection exceed the state approvedrate.
(3) Nothing in this section shall be construed to mean that any person shallbe relieved of thelegal responsibility to support a juvenile.
(b) Reimbursement to county general fund. (1) When expenses forthe care and custody ofa juvenile subject to this code have been paid out of the county general fundof any county in thisstate, the court may assess the expenses to the person who by law is liable tomaintain, care for orsupport the juvenile and shall inform the person assessed the expenses of suchperson's right to ahearing. If a hearing is requested, it shall be granted and the court shall fixa time and place forhearing on the question of requiring payment or reimbursement of all or part ofthe expenses by aperson who by law is liable to maintain, care for or support the juvenile.
(2) After notice to the person who by law is liable to maintain, care for orsupport thejuvenile, the court, if requested, may hear and dispose of the matter and mayenter an order relatingto payment of expenses for care and custody of the juvenile. If the personwillfully fails or refusesto pay the sum, the person may be adjudged in contempt of court and punishedaccordingly.
(3) Any county which makes payment to maintain, care for or support ajuvenile subjectto this code, may bring a separate action against a person who by law is liableto maintain, care foror support such juvenile for the reimbursement of expenses paid out of thecounty general fund forthe care and custody of the juvenile.
(c) Reimbursement to the commissioner. When expenses for the careand custody of ajuvenile subject to this code have been paid by the commissioner, thecommissioner may recoverthe expenses as provided by law from any person who by law is liable tomaintain, care for orsupport the juvenile. The commissioner shall have the power to compromise andsettle any claim due or any amount claimed to be due to the commissioner fromany person who by law is liable tomaintain, care for or support the juvenile. The commissioner may contract witha state agency,contract with an individual or hire personnel to collect the reimbursementsrequired under thissubsection.
(d) Interlocal agreements. When a county has made an interlocalagreement to maintain, care for orsupport allegedjuvenile offenders or juvenile offenders who are residents of another countyand such other countyis a party to the interlocal agreement with the county which performs theactual maintenance, careand support of the alleged juvenile offender or juvenile offender, such countyof residence may payfrom its county general fund to the other county whatever amount is agreed uponin the interlocalagreement irrespective of any amount paid or to be paid by the juvenile justiceauthority. Thejuvenile justice authority shall not diminish the amount it would otherwisereimburse any suchcounty for maintaining, caring for and supporting any such juvenile becauseof any payment undersuch an interlocal agreement.
38-2315.Expense of care and custody ofjuvenile.(a) How paid. (1) If a juvenile, subject to thiscode, is not eligible for assistanceunder K.S.A. 39-709, and amendments thereto, expenses for the care and custodyof the juvenileshall be paid out of the general fund of the county in which the proceedingsare initiated. Uponentry of a written order transferring venue pursuant toK.S.A. 2009 Supp.38-2305, and amendments thereto,expenses shall be paid by the receiving county. For the purpose of thissection, a juvenile who isa nonresident of the state of Kansas or whose residence is unknown shall haveresidence in thecounty where the proceedings are initiated.
(2) When the custody of a juvenile is awarded to the commissioner, theexpenses for thecare and custody of the juvenile from the date of custody forward shall not bepaid out of the county general fund, except as provided in subsection (d) orK.S.A. 2009 Supp.38-2373, and amendments thereto. In noevent shall the payment authorized by this subsection exceed the state approvedrate.
(3) Nothing in this section shall be construed to mean that any person shallbe relieved of thelegal responsibility to support a juvenile.
(b) Reimbursement to county general fund. (1) When expenses forthe care and custody ofa juvenile subject to this code have been paid out of the county general fundof any county in thisstate, the court may assess the expenses to the person who by law is liable tomaintain, care for orsupport the juvenile and shall inform the person assessed the expenses of suchperson's right to ahearing. If a hearing is requested, it shall be granted and the court shall fixa time and place forhearing on the question of requiring payment or reimbursement of all or part ofthe expenses by aperson who by law is liable to maintain, care for or support the juvenile.
(2) After notice to the person who by law is liable to maintain, care for orsupport thejuvenile, the court, if requested, may hear and dispose of the matter and mayenter an order relatingto payment of expenses for care and custody of the juvenile. If the personwillfully fails or refusesto pay the sum, the person may be adjudged in contempt of court and punishedaccordingly.
(3) Any county which makes payment to maintain, care for or support ajuvenile subjectto this code, may bring a separate action against a person who by law is liableto maintain, care foror support such juvenile for the reimbursement of expenses paid out of thecounty general fund forthe care and custody of the juvenile.
(c) Reimbursement to the commissioner. When expenses for the careand custody of ajuvenile subject to this code have been paid by the commissioner, thecommissioner may recoverthe expenses as provided by law from any person who by law is liable tomaintain, care for orsupport the juvenile. The commissioner shall have the power to compromise andsettle any claim due or any amount claimed to be due to the commissioner fromany person who by law is liable tomaintain, care for or support the juvenile. The commissioner may contract witha state agency,contract with an individual or hire personnel to collect the reimbursementsrequired under thissubsection.
(d) Interlocal agreements. When a county has made an interlocalagreement to maintain, care for orsupport allegedjuvenile offenders or juvenile offenders who are residents of another countyand such other countyis a party to the interlocal agreement with the county which performs theactual maintenance, careand support of the alleged juvenile offender or juvenile offender, such countyof residence may payfrom its county general fund to the other county whatever amount is agreed uponin the interlocalagreement irrespective of any amount paid or to be paid by the juvenile justiceauthority. Thejuvenile justice authority shall not diminish the amount it would otherwisereimburse any suchcounty for maintaining, caring for and supporting any such juvenile becauseof any payment undersuch an interlocal agreement.
38-2315.Expense of care and custody ofjuvenile.(a) How paid. (1) If a juvenile, subject to thiscode, is not eligible for assistanceunder K.S.A. 39-709, and amendments thereto, expenses for the care and custodyof the juvenileshall be paid out of the general fund of the county in which the proceedingsare initiated. Uponentry of a written order transferring venue pursuant toK.S.A. 2009 Supp.38-2305, and amendments thereto,expenses shall be paid by the receiving county. For the purpose of thissection, a juvenile who isa nonresident of the state of Kansas or whose residence is unknown shall haveresidence in thecounty where the proceedings are initiated.
(2) When the custody of a juvenile is awarded to the commissioner, theexpenses for thecare and custody of the juvenile from the date of custody forward shall not bepaid out of the county general fund, except as provided in subsection (d) orK.S.A. 2009 Supp.38-2373, and amendments thereto. In noevent shall the payment authorized by this subsection exceed the state approvedrate.
(3) Nothing in this section shall be construed to mean that any person shallbe relieved of thelegal responsibility to support a juvenile.
(b) Reimbursement to county general fund. (1) When expenses forthe care and custody ofa juvenile subject to this code have been paid out of the county general fundof any county in thisstate, the court may assess the expenses to the person who by law is liable tomaintain, care for orsupport the juvenile and shall inform the person assessed the expenses of suchperson's right to ahearing. If a hearing is requested, it shall be granted and the court shall fixa time and place forhearing on the question of requiring payment or reimbursement of all or part ofthe expenses by aperson who by law is liable to maintain, care for or support the juvenile.
(2) After notice to the person who by law is liable to maintain, care for orsupport thejuvenile, the court, if requested, may hear and dispose of the matter and mayenter an order relatingto payment of expenses for care and custody of the juvenile. If the personwillfully fails or refusesto pay the sum, the person may be adjudged in contempt of court and punishedaccordingly.
(3) Any county which makes payment to maintain, care for or support ajuvenile subjectto this code, may bring a separate action against a person who by law is liableto maintain, care foror support such juvenile for the reimbursement of expenses paid out of thecounty general fund forthe care and custody of the juvenile.
(c) Reimbursement to the commissioner. When expenses for the careand custody of ajuvenile subject to this code have been paid by the commissioner, thecommissioner may recoverthe expenses as provided by law from any person who by law is liable tomaintain, care for orsupport the juvenile. The commissioner shall have the power to compromise andsettle any claim due or any amount claimed to be due to the commissioner fromany person who by law is liable tomaintain, care for or support the juvenile. The commissioner may contract witha state agency,contract with an individual or hire personnel to collect the reimbursementsrequired under thissubsection.
(d) Interlocal agreements. When a county has made an interlocalagreement to maintain, care for orsupport allegedjuvenile offenders or juvenile offenders who are residents of another countyand such other countyis a party to the interlocal agreement with the county which performs theactual maintenance, careand support of the alleged juvenile offender or juvenile offender, such countyof residence may payfrom its county general fund to the other county whatever amount is agreed uponin the interlocalagreement irrespective of any amount paid or to be paid by the juvenile justiceauthority. Thejuvenile justice authority shall not diminish the amount it would otherwisereimburse any suchcounty for maintaining, caring for and supporting any such juvenile becauseof any payment undersuch an interlocal agreement.
