State Codes and Statutes

Statutes > Kansas > Chapter38 > Article23 > Statutes_16291

38-2328

Chapter 38.--MINORS
Article 23.--REVISED KANSAS JUVENILE JUSTICE CODE

      38-2328.   Pleadings.(a) Complaint. (1) The complaint shall be inwriting and shall state:

      (A)   The name, date of birth and residence address of the alleged juvenileoffender, if known;

      (B)   the name and residence address of the alleged juvenile offender'sparent, if known, and, ifno parent can be found, the name and address of the nearest known relative;

      (C)   the name and residence address of any persons having custody orcontrol of the allegedjuvenile offender;

      (D)   plainly and concisely the essential facts constituting the offensecharged and, if the statementis drawn in the language of the statute, ordinance or resolution alleged tohave been violated, itshall be considered sufficient; and

      (E)   for each count, the official or customary citation of the statute,ordinance or resolution whichis alleged to have been violated, but error in the citation or its omissionshall not be grounds fordismissal of the complaint or for reversal of an adjudication if the error oromission did notprejudice the juvenile.

      (2)   The proceedings shall be entitled: "In the matter of ____________, ajuvenile."

      (3)   The complaint shall contain a request that parents be ordered to paychild support in theevent the juvenile is removed from the home.

      (4)   The precise time of the commission of an offense need not be stated inthe complaint, but itis sufficient if shown to have been within the statute of limitations, exceptwhere the time is anindispensable element of the offense.

      (5)   At the time of filing, the prosecuting attorney shall endorse upon thecomplaint the names ofall known witnesses. The names of other witnesses that afterward become knownto theprosecuting attorney may be endorsed at such times as the court prescribes byrule or otherwise.

      (b)   Motions. Motions may be made orally or in writing. The motionshall state with particularitythe grounds for the motion and shall state the relief or order sought. Motionsavailable in civiland criminal procedure are available to the parties under this code.

      History:   L. 2006, ch. 169, § 28; Jan. 1, 2007.

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article23 > Statutes_16291

38-2328

Chapter 38.--MINORS
Article 23.--REVISED KANSAS JUVENILE JUSTICE CODE

      38-2328.   Pleadings.(a) Complaint. (1) The complaint shall be inwriting and shall state:

      (A)   The name, date of birth and residence address of the alleged juvenileoffender, if known;

      (B)   the name and residence address of the alleged juvenile offender'sparent, if known, and, ifno parent can be found, the name and address of the nearest known relative;

      (C)   the name and residence address of any persons having custody orcontrol of the allegedjuvenile offender;

      (D)   plainly and concisely the essential facts constituting the offensecharged and, if the statementis drawn in the language of the statute, ordinance or resolution alleged tohave been violated, itshall be considered sufficient; and

      (E)   for each count, the official or customary citation of the statute,ordinance or resolution whichis alleged to have been violated, but error in the citation or its omissionshall not be grounds fordismissal of the complaint or for reversal of an adjudication if the error oromission did notprejudice the juvenile.

      (2)   The proceedings shall be entitled: "In the matter of ____________, ajuvenile."

      (3)   The complaint shall contain a request that parents be ordered to paychild support in theevent the juvenile is removed from the home.

      (4)   The precise time of the commission of an offense need not be stated inthe complaint, but itis sufficient if shown to have been within the statute of limitations, exceptwhere the time is anindispensable element of the offense.

      (5)   At the time of filing, the prosecuting attorney shall endorse upon thecomplaint the names ofall known witnesses. The names of other witnesses that afterward become knownto theprosecuting attorney may be endorsed at such times as the court prescribes byrule or otherwise.

      (b)   Motions. Motions may be made orally or in writing. The motionshall state with particularitythe grounds for the motion and shall state the relief or order sought. Motionsavailable in civiland criminal procedure are available to the parties under this code.

      History:   L. 2006, ch. 169, § 28; Jan. 1, 2007.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article23 > Statutes_16291

38-2328

Chapter 38.--MINORS
Article 23.--REVISED KANSAS JUVENILE JUSTICE CODE

      38-2328.   Pleadings.(a) Complaint. (1) The complaint shall be inwriting and shall state:

      (A)   The name, date of birth and residence address of the alleged juvenileoffender, if known;

      (B)   the name and residence address of the alleged juvenile offender'sparent, if known, and, ifno parent can be found, the name and address of the nearest known relative;

      (C)   the name and residence address of any persons having custody orcontrol of the allegedjuvenile offender;

      (D)   plainly and concisely the essential facts constituting the offensecharged and, if the statementis drawn in the language of the statute, ordinance or resolution alleged tohave been violated, itshall be considered sufficient; and

      (E)   for each count, the official or customary citation of the statute,ordinance or resolution whichis alleged to have been violated, but error in the citation or its omissionshall not be grounds fordismissal of the complaint or for reversal of an adjudication if the error oromission did notprejudice the juvenile.

      (2)   The proceedings shall be entitled: "In the matter of ____________, ajuvenile."

      (3)   The complaint shall contain a request that parents be ordered to paychild support in theevent the juvenile is removed from the home.

      (4)   The precise time of the commission of an offense need not be stated inthe complaint, but itis sufficient if shown to have been within the statute of limitations, exceptwhere the time is anindispensable element of the offense.

      (5)   At the time of filing, the prosecuting attorney shall endorse upon thecomplaint the names ofall known witnesses. The names of other witnesses that afterward become knownto theprosecuting attorney may be endorsed at such times as the court prescribes byrule or otherwise.

      (b)   Motions. Motions may be made orally or in writing. The motionshall state with particularitythe grounds for the motion and shall state the relief or order sought. Motionsavailable in civiland criminal procedure are available to the parties under this code.

      History:   L. 2006, ch. 169, § 28; Jan. 1, 2007.