38-2331.Criteria for detention of juvenilein detention facility.(a) If no prior order removing a juvenile from thejuvenile's homepursuant toK.S.A. 2009 Supp.38-2334 or 38-2335, and amendments thereto, hasbeen made, the court shall not enter an order removing a juvenilefrom the custody of a parent pursuant to this section unless the court firstfinds probable cause that: (1)(A) The juvenile is likely to sustain harm if notimmediately removed from the home;
(B) allowing the juvenile to remain in home is contrary to the welfare of thejuvenile; or
(C) immediate placement of the juvenile is in the juvenile's best interest;and
(2) reasonable efforts have been made to maintain the family unit andprevent the unnecessary removal of the juvenile from the juvenile's home orthat anemergency exists which threatens the safety of the juvenile.The courtshall state the basis for each finding in writing.
(b) Except as provided in subsection (c), a juvenile may be placed in ajuvenile detentionfacility pursuant to subsection (c) or (d) ofK.S.A. 2009 Supp.38-2330 orsubsection (e) ofK.S.A. 2009 Supp.38-2343, and amendmentsthereto, if one or more of the following conditions are met:
(1) There is oral or written verification that the juvenile is a fugitivesought for an offensein another jurisdiction, that the juvenile is currently an escapee from ajuvenile detention facilityor that the juvenile has absconded from a placement that is court ordered ordesignated by thejuvenile justice authority.
(2) The juvenile is alleged to have committed an offense which if committedby an adultwould constitute a felony or any crime described in article 35 of chapter 21of the Kansas Statutes Annotated, and amendments thereto.
(3) The juvenile has been adjudicated for a nonstatus offense and is awaitingfinal courtaction on that offense.
(4) The juvenile has a record of failure to appear in court or there isprobable cause tobelieve that the juvenile will flee the jurisdiction of the court.
(5) The juvenile has a history of violent behavior toward others.
(6) The juvenile exhibited seriously assaultive or destructive behavior orself-destructivebehavior at the time of being taken into custody.
(7) The juvenile has a record of adjudication or conviction of one or moreoffenses whichif committed by an adult would constitute a felony.
(8) The juvenile is a juvenile offender who has been expelled from placementin a nonsecurefacility as a result of the current alleged offense.
(9) The juvenile has been taken into custody by any court services officer,juvenile communitycorrections officer or other person authorized to supervise juveniles subjectto this code pursuant to subsection (b) ofK.S.A. 2009 Supp.38-2330, andamendments thereto.
(10) The juvenile has violated probation or conditions of release.
(c) No person 18 years of age or more shall be placed in a juvenile detentioncenter.
38-2331.Criteria for detention of juvenilein detention facility.(a) If no prior order removing a juvenile from thejuvenile's homepursuant toK.S.A. 2009 Supp.38-2334 or 38-2335, and amendments thereto, hasbeen made, the court shall not enter an order removing a juvenilefrom the custody of a parent pursuant to this section unless the court firstfinds probable cause that: (1)(A) The juvenile is likely to sustain harm if notimmediately removed from the home;
(B) allowing the juvenile to remain in home is contrary to the welfare of thejuvenile; or
(C) immediate placement of the juvenile is in the juvenile's best interest;and
(2) reasonable efforts have been made to maintain the family unit andprevent the unnecessary removal of the juvenile from the juvenile's home orthat anemergency exists which threatens the safety of the juvenile.The courtshall state the basis for each finding in writing.
(b) Except as provided in subsection (c), a juvenile may be placed in ajuvenile detentionfacility pursuant to subsection (c) or (d) ofK.S.A. 2009 Supp.38-2330 orsubsection (e) ofK.S.A. 2009 Supp.38-2343, and amendmentsthereto, if one or more of the following conditions are met:
(1) There is oral or written verification that the juvenile is a fugitivesought for an offensein another jurisdiction, that the juvenile is currently an escapee from ajuvenile detention facilityor that the juvenile has absconded from a placement that is court ordered ordesignated by thejuvenile justice authority.
(2) The juvenile is alleged to have committed an offense which if committedby an adultwould constitute a felony or any crime described in article 35 of chapter 21of the Kansas Statutes Annotated, and amendments thereto.
(3) The juvenile has been adjudicated for a nonstatus offense and is awaitingfinal courtaction on that offense.
(4) The juvenile has a record of failure to appear in court or there isprobable cause tobelieve that the juvenile will flee the jurisdiction of the court.
(5) The juvenile has a history of violent behavior toward others.
(6) The juvenile exhibited seriously assaultive or destructive behavior orself-destructivebehavior at the time of being taken into custody.
(7) The juvenile has a record of adjudication or conviction of one or moreoffenses whichif committed by an adult would constitute a felony.
(8) The juvenile is a juvenile offender who has been expelled from placementin a nonsecurefacility as a result of the current alleged offense.
(9) The juvenile has been taken into custody by any court services officer,juvenile communitycorrections officer or other person authorized to supervise juveniles subjectto this code pursuant to subsection (b) ofK.S.A. 2009 Supp.38-2330, andamendments thereto.
(10) The juvenile has violated probation or conditions of release.
(c) No person 18 years of age or more shall be placed in a juvenile detentioncenter.
38-2331.Criteria for detention of juvenilein detention facility.(a) If no prior order removing a juvenile from thejuvenile's homepursuant toK.S.A. 2009 Supp.38-2334 or 38-2335, and amendments thereto, hasbeen made, the court shall not enter an order removing a juvenilefrom the custody of a parent pursuant to this section unless the court firstfinds probable cause that: (1)(A) The juvenile is likely to sustain harm if notimmediately removed from the home;
(B) allowing the juvenile to remain in home is contrary to the welfare of thejuvenile; or
(C) immediate placement of the juvenile is in the juvenile's best interest;and
(2) reasonable efforts have been made to maintain the family unit andprevent the unnecessary removal of the juvenile from the juvenile's home orthat anemergency exists which threatens the safety of the juvenile.The courtshall state the basis for each finding in writing.
(b) Except as provided in subsection (c), a juvenile may be placed in ajuvenile detentionfacility pursuant to subsection (c) or (d) ofK.S.A. 2009 Supp.38-2330 orsubsection (e) ofK.S.A. 2009 Supp.38-2343, and amendmentsthereto, if one or more of the following conditions are met:
(1) There is oral or written verification that the juvenile is a fugitivesought for an offensein another jurisdiction, that the juvenile is currently an escapee from ajuvenile detention facilityor that the juvenile has absconded from a placement that is court ordered ordesignated by thejuvenile justice authority.
(2) The juvenile is alleged to have committed an offense which if committedby an adultwould constitute a felony or any crime described in article 35 of chapter 21of the Kansas Statutes Annotated, and amendments thereto.
(3) The juvenile has been adjudicated for a nonstatus offense and is awaitingfinal courtaction on that offense.
(4) The juvenile has a record of failure to appear in court or there isprobable cause tobelieve that the juvenile will flee the jurisdiction of the court.
(5) The juvenile has a history of violent behavior toward others.
(6) The juvenile exhibited seriously assaultive or destructive behavior orself-destructivebehavior at the time of being taken into custody.
(7) The juvenile has a record of adjudication or conviction of one or moreoffenses whichif committed by an adult would constitute a felony.
(8) The juvenile is a juvenile offender who has been expelled from placementin a nonsecurefacility as a result of the current alleged offense.
(9) The juvenile has been taken into custody by any court services officer,juvenile communitycorrections officer or other person authorized to supervise juveniles subjectto this code pursuant to subsection (b) ofK.S.A. 2009 Supp.38-2330, andamendments thereto.
(10) The juvenile has violated probation or conditions of release.
(c) No person 18 years of age or more shall be placed in a juvenile detentioncenter.
