38-2343.Detention hearing; waiver; notice;procedure; removal from custody of parent; audio-video communications.(a) Length of detention. Whenever a juvenile istaken into custody, thejuvenile shall not remain in detention for more than 48 hours, excludingSaturdays, Sundays andlegal holidays, from the time the initial detention was imposed, unless thecourt determines afterhearing, within the 48-hour period, that further detention is necessary.
(b) Waiver of detention hearing. The detention hearing may bewaived in writing by thejuvenile and the juvenile's attorney with approval of the court. The right to adetention hearing maybe reasserted in writing by the juvenile or the juvenile's attorney or parentat anytime not less than48 hours prior to trial.
(c) Notice of hearing. Whenever it is determined that a detentionhearing is required thecourt shall immediately set the time and place for the hearing. Except asotherwise provided bysubsection (c)(1) ofK.S.A. 2009 Supp.38-2332, and amendments thereto, noticeof the detention hearing shall begiven at least 24 hours prior to the hearing, unless waived.
(d) Oral notice. When there is insufficient time to give writtennotice, oral notice may begiven and is completed upon filing a certificate of oral notice with the clerk.
(e) Hearing, finding, bond. At the time set for the detentionhearing if no retained attorneyis present to represent the juvenile, the court shall appoint an attorney, andmay recess the hearingfor 24 hours to obtain attendance of the attorney appointed. At the detentionhearing, if the courtfinds the juvenile is dangerous to self or others, the juvenile may be detainedin a juvenile detentionfacility or youth residential facility which the court shall designate. If thecourt finds the juvenile isnot likely to appear for further proceedings, the juvenile may be detained in ajuvenile detentionfacility or youth residential facility which the court shall designate or maybe released upon thegiving of an appearance bond in an amount specified by the court and on theconditions the courtmay impose, in accordance with the applicable provisions of article 28 ofchapter 22 of the KansasStatutes Annotated, and amendments thereto. In the absence of either finding,the court shall orderthe juvenile released or placed in temporary custody as provided in subsection(f).
In determining whether to place a juvenile in a juvenile detention facilitypursuant to thissubsection, the court shall consider all relevant factors, including, but notlimited to, the criteria listedinK.S.A. 2009 Supp.38-2331, and amendments thereto. If the court orders thejuvenile to be detained in a juvenile detention facility, the court shallrecord the specific findings of fact upon which the order is based.
If detention is ordered and the parent was not notified of the hearing and didnot appear andlater requests a rehearing, the court shall rehear the matter withoutunnecessary delay.
(f) Temporary custody. If the court determines that detention isnot necessary but finds thatrelease to the custody of a parent is not in the best interests of thejuvenile, the court may place thejuvenile in the temporary custody of a youth residential facility, some othersuitable person willingto accept temporary custody or the commissioner. Such finding shall be made inaccordance withK.S.A. 2009 Supp.38-2334 and 38-2335, and amendments thereto.
(g) Audio-video communications. Detention hearings may beconducted by two-wayelectronic audio-video communication between the juvenile and the judge in lieuof personalpresence of the juvenile or the juvenile's attorney in the courtroom from anylocation within Kansasin the discretion of the court. The juvenile may be accompanied by thejuvenile's attorney during suchproceedings or the juvenile's attorney may be personally present in court aslong as a means ofconfidentialcommunication between the juvenile and the juvenile's attorney is available.
38-2343.Detention hearing; waiver; notice;procedure; removal from custody of parent; audio-video communications.(a) Length of detention. Whenever a juvenile istaken into custody, thejuvenile shall not remain in detention for more than 48 hours, excludingSaturdays, Sundays andlegal holidays, from the time the initial detention was imposed, unless thecourt determines afterhearing, within the 48-hour period, that further detention is necessary.
(b) Waiver of detention hearing. The detention hearing may bewaived in writing by thejuvenile and the juvenile's attorney with approval of the court. The right to adetention hearing maybe reasserted in writing by the juvenile or the juvenile's attorney or parentat anytime not less than48 hours prior to trial.
(c) Notice of hearing. Whenever it is determined that a detentionhearing is required thecourt shall immediately set the time and place for the hearing. Except asotherwise provided bysubsection (c)(1) ofK.S.A. 2009 Supp.38-2332, and amendments thereto, noticeof the detention hearing shall begiven at least 24 hours prior to the hearing, unless waived.
(d) Oral notice. When there is insufficient time to give writtennotice, oral notice may begiven and is completed upon filing a certificate of oral notice with the clerk.
(e) Hearing, finding, bond. At the time set for the detentionhearing if no retained attorneyis present to represent the juvenile, the court shall appoint an attorney, andmay recess the hearingfor 24 hours to obtain attendance of the attorney appointed. At the detentionhearing, if the courtfinds the juvenile is dangerous to self or others, the juvenile may be detainedin a juvenile detentionfacility or youth residential facility which the court shall designate. If thecourt finds the juvenile isnot likely to appear for further proceedings, the juvenile may be detained in ajuvenile detentionfacility or youth residential facility which the court shall designate or maybe released upon thegiving of an appearance bond in an amount specified by the court and on theconditions the courtmay impose, in accordance with the applicable provisions of article 28 ofchapter 22 of the KansasStatutes Annotated, and amendments thereto. In the absence of either finding,the court shall orderthe juvenile released or placed in temporary custody as provided in subsection(f).
In determining whether to place a juvenile in a juvenile detention facilitypursuant to thissubsection, the court shall consider all relevant factors, including, but notlimited to, the criteria listedinK.S.A. 2009 Supp.38-2331, and amendments thereto. If the court orders thejuvenile to be detained in a juvenile detention facility, the court shallrecord the specific findings of fact upon which the order is based.
If detention is ordered and the parent was not notified of the hearing and didnot appear andlater requests a rehearing, the court shall rehear the matter withoutunnecessary delay.
(f) Temporary custody. If the court determines that detention isnot necessary but finds thatrelease to the custody of a parent is not in the best interests of thejuvenile, the court may place thejuvenile in the temporary custody of a youth residential facility, some othersuitable person willingto accept temporary custody or the commissioner. Such finding shall be made inaccordance withK.S.A. 2009 Supp.38-2334 and 38-2335, and amendments thereto.
(g) Audio-video communications. Detention hearings may beconducted by two-wayelectronic audio-video communication between the juvenile and the judge in lieuof personalpresence of the juvenile or the juvenile's attorney in the courtroom from anylocation within Kansasin the discretion of the court. The juvenile may be accompanied by thejuvenile's attorney during suchproceedings or the juvenile's attorney may be personally present in court aslong as a means ofconfidentialcommunication between the juvenile and the juvenile's attorney is available.
38-2343.Detention hearing; waiver; notice;procedure; removal from custody of parent; audio-video communications.(a) Length of detention. Whenever a juvenile istaken into custody, thejuvenile shall not remain in detention for more than 48 hours, excludingSaturdays, Sundays andlegal holidays, from the time the initial detention was imposed, unless thecourt determines afterhearing, within the 48-hour period, that further detention is necessary.
(b) Waiver of detention hearing. The detention hearing may bewaived in writing by thejuvenile and the juvenile's attorney with approval of the court. The right to adetention hearing maybe reasserted in writing by the juvenile or the juvenile's attorney or parentat anytime not less than48 hours prior to trial.
(c) Notice of hearing. Whenever it is determined that a detentionhearing is required thecourt shall immediately set the time and place for the hearing. Except asotherwise provided bysubsection (c)(1) ofK.S.A. 2009 Supp.38-2332, and amendments thereto, noticeof the detention hearing shall begiven at least 24 hours prior to the hearing, unless waived.
(d) Oral notice. When there is insufficient time to give writtennotice, oral notice may begiven and is completed upon filing a certificate of oral notice with the clerk.
(e) Hearing, finding, bond. At the time set for the detentionhearing if no retained attorneyis present to represent the juvenile, the court shall appoint an attorney, andmay recess the hearingfor 24 hours to obtain attendance of the attorney appointed. At the detentionhearing, if the courtfinds the juvenile is dangerous to self or others, the juvenile may be detainedin a juvenile detentionfacility or youth residential facility which the court shall designate. If thecourt finds the juvenile isnot likely to appear for further proceedings, the juvenile may be detained in ajuvenile detentionfacility or youth residential facility which the court shall designate or maybe released upon thegiving of an appearance bond in an amount specified by the court and on theconditions the courtmay impose, in accordance with the applicable provisions of article 28 ofchapter 22 of the KansasStatutes Annotated, and amendments thereto. In the absence of either finding,the court shall orderthe juvenile released or placed in temporary custody as provided in subsection(f).
In determining whether to place a juvenile in a juvenile detention facilitypursuant to thissubsection, the court shall consider all relevant factors, including, but notlimited to, the criteria listedinK.S.A. 2009 Supp.38-2331, and amendments thereto. If the court orders thejuvenile to be detained in a juvenile detention facility, the court shallrecord the specific findings of fact upon which the order is based.
If detention is ordered and the parent was not notified of the hearing and didnot appear andlater requests a rehearing, the court shall rehear the matter withoutunnecessary delay.
(f) Temporary custody. If the court determines that detention isnot necessary but finds thatrelease to the custody of a parent is not in the best interests of thejuvenile, the court may place thejuvenile in the temporary custody of a youth residential facility, some othersuitable person willingto accept temporary custody or the commissioner. Such finding shall be made inaccordance withK.S.A. 2009 Supp.38-2334 and 38-2335, and amendments thereto.
(g) Audio-video communications. Detention hearings may beconducted by two-wayelectronic audio-video communication between the juvenile and the judge in lieuof personalpresence of the juvenile or the juvenile's attorney in the courtroom from anylocation within Kansasin the discretion of the court. The juvenile may be accompanied by thejuvenile's attorney during suchproceedings or the juvenile's attorney may be personally present in court aslong as a means ofconfidentialcommunication between the juvenile and the juvenile's attorney is available.
