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Statutes > Kansas > Chapter38 > Article23 > Statutes_16297

38-2334

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

38-2334. Removing juvenile from custody of parent;probable cause; foster care.(a) The court shall not issue the first warrant or enteran order removing a juvenile from the custody of a parent pursuant to thissectionunless the court first finds probable cause that: (1)(A) The juvenile is likelyto sustain harm if not immediately 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 court shallenter its determination inthe warrant ororder.

(b) When a juvenile has been in foster care and has been placed at home orallowed a trial homevisit for a period of six months or more and is again removed from the home,the court shallagain make a determination pursuant to subsection (a).

History: L. 2006, ch. 169, § 34; Jan. 1, 2007.

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article23 > Statutes_16297

38-2334

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

38-2334. Removing juvenile from custody of parent;probable cause; foster care.(a) The court shall not issue the first warrant or enteran order removing a juvenile from the custody of a parent pursuant to thissectionunless the court first finds probable cause that: (1)(A) The juvenile is likelyto sustain harm if not immediately 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 court shallenter its determination inthe warrant ororder.

(b) When a juvenile has been in foster care and has been placed at home orallowed a trial homevisit for a period of six months or more and is again removed from the home,the court shallagain make a determination pursuant to subsection (a).

History: L. 2006, ch. 169, § 34; Jan. 1, 2007.

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State Codes and Statutes

Statutes > Kansas > Chapter38 > Article23 > Statutes_16297

38-2334

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

38-2334. Removing juvenile from custody of parent;probable cause; foster care.(a) The court shall not issue the first warrant or enteran order removing a juvenile from the custody of a parent pursuant to thissectionunless the court first finds probable cause that: (1)(A) The juvenile is likelyto sustain harm if not immediately 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 court shallenter its determination inthe warrant ororder.

(b) When a juvenile has been in foster care and has been placed at home orallowed a trial homevisit for a period of six months or more and is again removed from the home,the court shallagain make a determination pursuant to subsection (a).

History: L. 2006, ch. 169, § 34; Jan. 1, 2007.