Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2202.Definitions.As used in the revised Kansas code for care of children,unless the contextotherwise indicates:
(a) "Abandon" or "abandonment" means to forsake, desert or, without makingappropriate provision forsubstitute care, cease providing care for the child.
(b) "Adult correction facility" means any public or private facility, secureor nonsecure,which is used for the lawful custody of accused or convicted adult criminaloffenders.
(c) "Aggravated circumstances" means the abandonment, torture, chronic abuse,sexual abuseor chronic, life threatening neglect of a child.
(d) "Child in need of care" means a person less than 18 years of age atthe time of filing of the petition or issuance of an ex parte protectivecustody order pursuant to K.S.A. 2009 Supp. 38-2242, and amendmentsthereto, who:
(1) Is without adequate parental care, control or subsistence and thecondition is not duesolely to the lack of financial means of the child's parents or othercustodian;
(2) is without the care or control necessary for the child's physical, mentalor emotionalhealth;
(3) has been physically, mentally or emotionally abused or neglected orsexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-977 or 72-1111, andamendmentsthereto;
(7) except in the case of a violation of K.S.A. 21-4204a, 41-727, subsection(j) of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, andamendments thereto, or,except as providedin paragraph (12), does an act which, when committed by a person under 18 yearsof age, isprohibited by state law, city ordinance or county resolution but which is notprohibited when doneby an adult;
(8) while less than 10 years of age, commits any act which if done by anadult wouldconstitute the commission of a felony or misdemeanor as defined by K.S.A.21-3105, andamendments thereto;
(9) is willfully and voluntarily absent from the child's home without theconsent of the child'sparent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a courtordered ordesignated placement, or a placement pursuant to court order, if the absence iswithout the consentof the person with whom the child is placed or, if the child is placed in afacility, without the consentof the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another personunder 18 yearsof age, who has been physically, mentally or emotionally abused or neglected,or sexually abused;
(12) while less than 10 years of age commits the offense defined in K.S.A.21-4204a, and amendments thereto; or
(13) has had a permanent custodian appointed and the permanent custodian isno longer ableor willing to serve.
(e) "Citizen review board" is a group of community volunteers appointed bythe court andwhose duties are prescribed byK.S.A. 2009 Supp.38-2207 and 38-2208, andamendments thereto.
(f) "Court-appointed special advocate" means a responsible adult other thanan attorneyguardian ad litem who is appointed by the court to represent thebest interests of a child, as providedinK.S.A. 2009 Supp.38-2206, and amendments thereto, in a proceeding pursuantto this code.
(g) "Custody" whether temporary, protective or legal, means the statuscreated by court orderor statute which vests in a custodian, whether an individual or an agency, theright to physicalpossession of the child and the right to determine placement of the child,subject to restrictionsplaced by the court.
(h) "Extended out of home placement" means a child has been in the custody ofthe secretaryand placed with neither parent for 15 of the most recent 22 months beginning 60days after the dateat which a child in the custody of the secretary was removed from the home.
(i) "Educational institution" means all schools at the elementary andsecondary levels.
(j) "Educator" means any administrator, teacher or other professional orparaprofessionalemployee of an educational institution who has exposure to a pupil specified insubsection (a) ofK.S.A. 72-89b03, and amendments thereto.
(k) "Harm" means physical or psychological injury or damage.
(l) "Interested party" means the grandparent of the child, a person withwhom the child hasbeen living for a significant period of time when the child in need of carepetition is filed, and anyperson made an interested party by the court pursuant toK.S.A. 2009 Supp.38-2241, andamendments thereto or Indian tribe seeking to intervene that is not aparty.
(m) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an adult jailor lockup, unless the facility meets all applicable standards and licensurerequirements under law and there is: (A) Total separation of the juvenile andadult facility spatial areas such thatthere could be no haphazardor accidental contact between juvenile and adult residents in the respectivefacilities; (B) totalseparation in all juvenile and adult program activities within the facilities,including recreation,education, counseling, health care, dining, sleeping and general livingactivities; and (C) separatejuvenile and adult staff, including management, security staff and direct carestaff such asrecreational, educational and counseling.
(n) "Juvenile detention facility" means any secure public or private facilityused for the lawfulcustody of accused or adjudicated juvenile offenders which must not be a jail.
(o) "Juvenile intake and assessment worker" means a responsible adultauthorized to performintake and assessment services as part of the intake and assessment systemestablished pursuant toK.S.A. 75-7023, and amendments thereto.
(p) "Kinship care" means the placement of a child in the home of the child'srelative or in thehome of another adult with whom the child or the child's parent already has aclose emotionalattachment.
(q) "Law enforcement officer" means any person who by virtue of office orpublicemployment is vested by law with a duty to maintain public order or to makearrests for crimes,whether that duty extends to all crimes or is limited to specific crimes.
(r) "Multidisciplinary team" means a group of persons, appointed by the courtunderK.S.A. 2009 Supp.38-2228, and amendments thereto, which has knowledge ofthecircumstances ofa child in need of care.
(s) "Neglect" means acts or omissions by a parent, guardian or personresponsible for the careof a child resulting in harm to a child, or presenting a likelihood of harm,and the acts or omissionsare not due solely to the lack of financial means of the child's parents orother custodian. Neglectmay include, but shall not be limited to:
(1) Failure to provide the child with food, clothing or shelter necessary tosustain the life orhealth of the child;
(2) failure to provide adequate supervision of a child or to remove a childfrom a situationwhich requires judgment or actions beyond the child's level of maturity,physical condition or mentalabilities and that results in bodily injury or a likelihood of harm to thechild; or
(3) failure to use resources available to treat a diagnosed medical conditionif such treatmentwill make a child substantially more comfortable, reduce pain and suffering, orcorrect orsubstantially diminish a crippling condition from worsening. A parentlegitimately practicingreligious beliefs who does not provide specified medical treatment for a childbecause of religiousbeliefs shall not for that reason be considered a negligent parent; however,this exception shall notpreclude a court from entering an order pursuant to subsection (a)(2) ofK.S.A. 2009 Supp.38-2217, and amendmentsthereto.
(t) "Parent" when used in relation to a child or children, includes aguardian andevery person who is by law liable to maintain, care for or support the child.
(u) "Party" means the state, the petitioner, the child, anyparent of the child and an Indian child's tribe intervening pursuant to theIndian child welfare act.
(v) "Permanency goal" means the outcome of the permanency planning processwhich maybe reintegration, adoption, appointment of a permanent custodian or anotherplanned permanentliving arrangement.
(w) "Permanent custodian" means a judicially approved permanent guardian ofa child pursuant toK.S.A. 2009 Supp.38-2272, and amendments thereto.
(x) "Physical, mental or emotional abuse" means the infliction of physical,mental oremotional harm or the causing of a deterioration of a child and may include,but shall not be limitedto, maltreatment or exploiting a child to the extent that the child's health oremotional well-being isendangered.
(y) "Placement" means the designation by the individual or agency havingcustody of whereand with whom the child will live.
(z) "Relative" means a person related by blood, marriage or adoption but,when referring toa relative of a child's parent, does not include the child's other parent.
(aa) "Secretary" means the secretary of social and rehabilitation services orthe secretary'sdesignee.
(bb) "Secure facility" means a facility which is operated or structured so asto ensure that allentrances and exits from the facility are under the exclusive control of thestaff of the facility,whether or not the person being detained has freedom of movement within theperimeters of thefacility, or which relies on locked rooms and buildings, fences or physicalrestraint in order to controlbehavior of its residents. No secure facility shall be in a city or countyjail.
(cc) "Sexual abuse" means any contact or interaction with a child in whichthe child is beingused for the sexual stimulation of the perpetrator, the child or anotherperson. Sexual abuse shallinclude allowing, permitting or encouraging a child to engage in prostitutionor to be photographed,filmed or depicted in pornographic material.
(dd) "Shelter facility" means any public or private facility or home otherthan a juveniledetention facility that may be used in accordance with this code for thepurpose of providing eithertemporary placement for children in need of care prior to the issuance of adispositional order orlonger term care under a dispositional order.
(ee) "Transition plan" means, when used in relation to a youth inthe custody of the secretary, an individualized strategy for theprovision of medical, mental health, education, employment andhousing supports as needed for the adult and, if applicable, forany minor child of the adult, to live independently andspecifically provides for the supports and any services for whichan adult with a disability is eligible including, but not limitedto, funding for home and community based services waivers.
(ff) "Youth residential facility" means any home, fosterhome or structurewhich provides24-hour-a-day care for children and which is licensed pursuant to article 5 ofchapter 65 of theKansas Statutes Annotated, and amendments thereto.
History: L. 2006, ch. 200, § 2;L. 2008, ch. 169, § 1;L. 2009, ch. 99, § 1; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2202.Definitions.As used in the revised Kansas code for care of children,unless the contextotherwise indicates:
(a) "Abandon" or "abandonment" means to forsake, desert or, without makingappropriate provision forsubstitute care, cease providing care for the child.
(b) "Adult correction facility" means any public or private facility, secureor nonsecure,which is used for the lawful custody of accused or convicted adult criminaloffenders.
(c) "Aggravated circumstances" means the abandonment, torture, chronic abuse,sexual abuseor chronic, life threatening neglect of a child.
(d) "Child in need of care" means a person less than 18 years of age atthe time of filing of the petition or issuance of an ex parte protectivecustody order pursuant to K.S.A. 2009 Supp. 38-2242, and amendmentsthereto, who:
(1) Is without adequate parental care, control or subsistence and thecondition is not duesolely to the lack of financial means of the child's parents or othercustodian;
(2) is without the care or control necessary for the child's physical, mentalor emotionalhealth;
(3) has been physically, mentally or emotionally abused or neglected orsexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-977 or 72-1111, andamendmentsthereto;
(7) except in the case of a violation of K.S.A. 21-4204a, 41-727, subsection(j) of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, andamendments thereto, or,except as providedin paragraph (12), does an act which, when committed by a person under 18 yearsof age, isprohibited by state law, city ordinance or county resolution but which is notprohibited when doneby an adult;
(8) while less than 10 years of age, commits any act which if done by anadult wouldconstitute the commission of a felony or misdemeanor as defined by K.S.A.21-3105, andamendments thereto;
(9) is willfully and voluntarily absent from the child's home without theconsent of the child'sparent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a courtordered ordesignated placement, or a placement pursuant to court order, if the absence iswithout the consentof the person with whom the child is placed or, if the child is placed in afacility, without the consentof the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another personunder 18 yearsof age, who has been physically, mentally or emotionally abused or neglected,or sexually abused;
(12) while less than 10 years of age commits the offense defined in K.S.A.21-4204a, and amendments thereto; or
(13) has had a permanent custodian appointed and the permanent custodian isno longer ableor willing to serve.
(e) "Citizen review board" is a group of community volunteers appointed bythe court andwhose duties are prescribed byK.S.A. 2009 Supp.38-2207 and 38-2208, andamendments thereto.
(f) "Court-appointed special advocate" means a responsible adult other thanan attorneyguardian ad litem who is appointed by the court to represent thebest interests of a child, as providedinK.S.A. 2009 Supp.38-2206, and amendments thereto, in a proceeding pursuantto this code.
(g) "Custody" whether temporary, protective or legal, means the statuscreated by court orderor statute which vests in a custodian, whether an individual or an agency, theright to physicalpossession of the child and the right to determine placement of the child,subject to restrictionsplaced by the court.
(h) "Extended out of home placement" means a child has been in the custody ofthe secretaryand placed with neither parent for 15 of the most recent 22 months beginning 60days after the dateat which a child in the custody of the secretary was removed from the home.
(i) "Educational institution" means all schools at the elementary andsecondary levels.
(j) "Educator" means any administrator, teacher or other professional orparaprofessionalemployee of an educational institution who has exposure to a pupil specified insubsection (a) ofK.S.A. 72-89b03, and amendments thereto.
(k) "Harm" means physical or psychological injury or damage.
(l) "Interested party" means the grandparent of the child, a person withwhom the child hasbeen living for a significant period of time when the child in need of carepetition is filed, and anyperson made an interested party by the court pursuant toK.S.A. 2009 Supp.38-2241, andamendments thereto or Indian tribe seeking to intervene that is not aparty.
(m) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an adult jailor lockup, unless the facility meets all applicable standards and licensurerequirements under law and there is: (A) Total separation of the juvenile andadult facility spatial areas such thatthere could be no haphazardor accidental contact between juvenile and adult residents in the respectivefacilities; (B) totalseparation in all juvenile and adult program activities within the facilities,including recreation,education, counseling, health care, dining, sleeping and general livingactivities; and (C) separatejuvenile and adult staff, including management, security staff and direct carestaff such asrecreational, educational and counseling.
(n) "Juvenile detention facility" means any secure public or private facilityused for the lawfulcustody of accused or adjudicated juvenile offenders which must not be a jail.
(o) "Juvenile intake and assessment worker" means a responsible adultauthorized to performintake and assessment services as part of the intake and assessment systemestablished pursuant toK.S.A. 75-7023, and amendments thereto.
(p) "Kinship care" means the placement of a child in the home of the child'srelative or in thehome of another adult with whom the child or the child's parent already has aclose emotionalattachment.
(q) "Law enforcement officer" means any person who by virtue of office orpublicemployment is vested by law with a duty to maintain public order or to makearrests for crimes,whether that duty extends to all crimes or is limited to specific crimes.
(r) "Multidisciplinary team" means a group of persons, appointed by the courtunderK.S.A. 2009 Supp.38-2228, and amendments thereto, which has knowledge ofthecircumstances ofa child in need of care.
(s) "Neglect" means acts or omissions by a parent, guardian or personresponsible for the careof a child resulting in harm to a child, or presenting a likelihood of harm,and the acts or omissionsare not due solely to the lack of financial means of the child's parents orother custodian. Neglectmay include, but shall not be limited to:
(1) Failure to provide the child with food, clothing or shelter necessary tosustain the life orhealth of the child;
(2) failure to provide adequate supervision of a child or to remove a childfrom a situationwhich requires judgment or actions beyond the child's level of maturity,physical condition or mentalabilities and that results in bodily injury or a likelihood of harm to thechild; or
(3) failure to use resources available to treat a diagnosed medical conditionif such treatmentwill make a child substantially more comfortable, reduce pain and suffering, orcorrect orsubstantially diminish a crippling condition from worsening. A parentlegitimately practicingreligious beliefs who does not provide specified medical treatment for a childbecause of religiousbeliefs shall not for that reason be considered a negligent parent; however,this exception shall notpreclude a court from entering an order pursuant to subsection (a)(2) ofK.S.A. 2009 Supp.38-2217, and amendmentsthereto.
(t) "Parent" when used in relation to a child or children, includes aguardian andevery person who is by law liable to maintain, care for or support the child.
(u) "Party" means the state, the petitioner, the child, anyparent of the child and an Indian child's tribe intervening pursuant to theIndian child welfare act.
(v) "Permanency goal" means the outcome of the permanency planning processwhich maybe reintegration, adoption, appointment of a permanent custodian or anotherplanned permanentliving arrangement.
(w) "Permanent custodian" means a judicially approved permanent guardian ofa child pursuant toK.S.A. 2009 Supp.38-2272, and amendments thereto.
(x) "Physical, mental or emotional abuse" means the infliction of physical,mental oremotional harm or the causing of a deterioration of a child and may include,but shall not be limitedto, maltreatment or exploiting a child to the extent that the child's health oremotional well-being isendangered.
(y) "Placement" means the designation by the individual or agency havingcustody of whereand with whom the child will live.
(z) "Relative" means a person related by blood, marriage or adoption but,when referring toa relative of a child's parent, does not include the child's other parent.
(aa) "Secretary" means the secretary of social and rehabilitation services orthe secretary'sdesignee.
(bb) "Secure facility" means a facility which is operated or structured so asto ensure that allentrances and exits from the facility are under the exclusive control of thestaff of the facility,whether or not the person being detained has freedom of movement within theperimeters of thefacility, or which relies on locked rooms and buildings, fences or physicalrestraint in order to controlbehavior of its residents. No secure facility shall be in a city or countyjail.
(cc) "Sexual abuse" means any contact or interaction with a child in whichthe child is beingused for the sexual stimulation of the perpetrator, the child or anotherperson. Sexual abuse shallinclude allowing, permitting or encouraging a child to engage in prostitutionor to be photographed,filmed or depicted in pornographic material.
(dd) "Shelter facility" means any public or private facility or home otherthan a juveniledetention facility that may be used in accordance with this code for thepurpose of providing eithertemporary placement for children in need of care prior to the issuance of adispositional order orlonger term care under a dispositional order.
(ee) "Transition plan" means, when used in relation to a youth inthe custody of the secretary, an individualized strategy for theprovision of medical, mental health, education, employment andhousing supports as needed for the adult and, if applicable, forany minor child of the adult, to live independently andspecifically provides for the supports and any services for whichan adult with a disability is eligible including, but not limitedto, funding for home and community based services waivers.
(ff) "Youth residential facility" means any home, fosterhome or structurewhich provides24-hour-a-day care for children and which is licensed pursuant to article 5 ofchapter 65 of theKansas Statutes Annotated, and amendments thereto.
History: L. 2006, ch. 200, § 2;L. 2008, ch. 169, § 1;L. 2009, ch. 99, § 1; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2202.Definitions.As used in the revised Kansas code for care of children,unless the contextotherwise indicates:
(a) "Abandon" or "abandonment" means to forsake, desert or, without makingappropriate provision forsubstitute care, cease providing care for the child.
(b) "Adult correction facility" means any public or private facility, secureor nonsecure,which is used for the lawful custody of accused or convicted adult criminaloffenders.
(c) "Aggravated circumstances" means the abandonment, torture, chronic abuse,sexual abuseor chronic, life threatening neglect of a child.
(d) "Child in need of care" means a person less than 18 years of age atthe time of filing of the petition or issuance of an ex parte protectivecustody order pursuant to K.S.A. 2009 Supp. 38-2242, and amendmentsthereto, who:
(1) Is without adequate parental care, control or subsistence and thecondition is not duesolely to the lack of financial means of the child's parents or othercustodian;
(2) is without the care or control necessary for the child's physical, mentalor emotionalhealth;
(3) has been physically, mentally or emotionally abused or neglected orsexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-977 or 72-1111, andamendmentsthereto;
(7) except in the case of a violation of K.S.A. 21-4204a, 41-727, subsection(j) of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, andamendments thereto, or,except as providedin paragraph (12), does an act which, when committed by a person under 18 yearsof age, isprohibited by state law, city ordinance or county resolution but which is notprohibited when doneby an adult;
(8) while less than 10 years of age, commits any act which if done by anadult wouldconstitute the commission of a felony or misdemeanor as defined by K.S.A.21-3105, andamendments thereto;
(9) is willfully and voluntarily absent from the child's home without theconsent of the child'sparent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a courtordered ordesignated placement, or a placement pursuant to court order, if the absence iswithout the consentof the person with whom the child is placed or, if the child is placed in afacility, without the consentof the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another personunder 18 yearsof age, who has been physically, mentally or emotionally abused or neglected,or sexually abused;
(12) while less than 10 years of age commits the offense defined in K.S.A.21-4204a, and amendments thereto; or
(13) has had a permanent custodian appointed and the permanent custodian isno longer ableor willing to serve.
(e) "Citizen review board" is a group of community volunteers appointed bythe court andwhose duties are prescribed byK.S.A. 2009 Supp.38-2207 and 38-2208, andamendments thereto.
(f) "Court-appointed special advocate" means a responsible adult other thanan attorneyguardian ad litem who is appointed by the court to represent thebest interests of a child, as providedinK.S.A. 2009 Supp.38-2206, and amendments thereto, in a proceeding pursuantto this code.
(g) "Custody" whether temporary, protective or legal, means the statuscreated by court orderor statute which vests in a custodian, whether an individual or an agency, theright to physicalpossession of the child and the right to determine placement of the child,subject to restrictionsplaced by the court.
(h) "Extended out of home placement" means a child has been in the custody ofthe secretaryand placed with neither parent for 15 of the most recent 22 months beginning 60days after the dateat which a child in the custody of the secretary was removed from the home.
(i) "Educational institution" means all schools at the elementary andsecondary levels.
(j) "Educator" means any administrator, teacher or other professional orparaprofessionalemployee of an educational institution who has exposure to a pupil specified insubsection (a) ofK.S.A. 72-89b03, and amendments thereto.
(k) "Harm" means physical or psychological injury or damage.
(l) "Interested party" means the grandparent of the child, a person withwhom the child hasbeen living for a significant period of time when the child in need of carepetition is filed, and anyperson made an interested party by the court pursuant toK.S.A. 2009 Supp.38-2241, andamendments thereto or Indian tribe seeking to intervene that is not aparty.
(m) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an adult jailor lockup, unless the facility meets all applicable standards and licensurerequirements under law and there is: (A) Total separation of the juvenile andadult facility spatial areas such thatthere could be no haphazardor accidental contact between juvenile and adult residents in the respectivefacilities; (B) totalseparation in all juvenile and adult program activities within the facilities,including recreation,education, counseling, health care, dining, sleeping and general livingactivities; and (C) separatejuvenile and adult staff, including management, security staff and direct carestaff such asrecreational, educational and counseling.
(n) "Juvenile detention facility" means any secure public or private facilityused for the lawfulcustody of accused or adjudicated juvenile offenders which must not be a jail.
(o) "Juvenile intake and assessment worker" means a responsible adultauthorized to performintake and assessment services as part of the intake and assessment systemestablished pursuant toK.S.A. 75-7023, and amendments thereto.
(p) "Kinship care" means the placement of a child in the home of the child'srelative or in thehome of another adult with whom the child or the child's parent already has aclose emotionalattachment.
(q) "Law enforcement officer" means any person who by virtue of office orpublicemployment is vested by law with a duty to maintain public order or to makearrests for crimes,whether that duty extends to all crimes or is limited to specific crimes.
(r) "Multidisciplinary team" means a group of persons, appointed by the courtunderK.S.A. 2009 Supp.38-2228, and amendments thereto, which has knowledge ofthecircumstances ofa child in need of care.
(s) "Neglect" means acts or omissions by a parent, guardian or personresponsible for the careof a child resulting in harm to a child, or presenting a likelihood of harm,and the acts or omissionsare not due solely to the lack of financial means of the child's parents orother custodian. Neglectmay include, but shall not be limited to:
(1) Failure to provide the child with food, clothing or shelter necessary tosustain the life orhealth of the child;
(2) failure to provide adequate supervision of a child or to remove a childfrom a situationwhich requires judgment or actions beyond the child's level of maturity,physical condition or mentalabilities and that results in bodily injury or a likelihood of harm to thechild; or
(3) failure to use resources available to treat a diagnosed medical conditionif such treatmentwill make a child substantially more comfortable, reduce pain and suffering, orcorrect orsubstantially diminish a crippling condition from worsening. A parentlegitimately practicingreligious beliefs who does not provide specified medical treatment for a childbecause of religiousbeliefs shall not for that reason be considered a negligent parent; however,this exception shall notpreclude a court from entering an order pursuant to subsection (a)(2) ofK.S.A. 2009 Supp.38-2217, and amendmentsthereto.
(t) "Parent" when used in relation to a child or children, includes aguardian andevery person who is by law liable to maintain, care for or support the child.
(u) "Party" means the state, the petitioner, the child, anyparent of the child and an Indian child's tribe intervening pursuant to theIndian child welfare act.
(v) "Permanency goal" means the outcome of the permanency planning processwhich maybe reintegration, adoption, appointment of a permanent custodian or anotherplanned permanentliving arrangement.
(w) "Permanent custodian" means a judicially approved permanent guardian ofa child pursuant toK.S.A. 2009 Supp.38-2272, and amendments thereto.
(x) "Physical, mental or emotional abuse" means the infliction of physical,mental oremotional harm or the causing of a deterioration of a child and may include,but shall not be limitedto, maltreatment or exploiting a child to the extent that the child's health oremotional well-being isendangered.
(y) "Placement" means the designation by the individual or agency havingcustody of whereand with whom the child will live.
(z) "Relative" means a person related by blood, marriage or adoption but,when referring toa relative of a child's parent, does not include the child's other parent.
(aa) "Secretary" means the secretary of social and rehabilitation services orthe secretary'sdesignee.
(bb) "Secure facility" means a facility which is operated or structured so asto ensure that allentrances and exits from the facility are under the exclusive control of thestaff of the facility,whether or not the person being detained has freedom of movement within theperimeters of thefacility, or which relies on locked rooms and buildings, fences or physicalrestraint in order to controlbehavior of its residents. No secure facility shall be in a city or countyjail.
(cc) "Sexual abuse" means any contact or interaction with a child in whichthe child is beingused for the sexual stimulation of the perpetrator, the child or anotherperson. Sexual abuse shallinclude allowing, permitting or encouraging a child to engage in prostitutionor to be photographed,filmed or depicted in pornographic material.
(dd) "Shelter facility" means any public or private facility or home otherthan a juveniledetention facility that may be used in accordance with this code for thepurpose of providing eithertemporary placement for children in need of care prior to the issuance of adispositional order orlonger term care under a dispositional order.
(ee) "Transition plan" means, when used in relation to a youth inthe custody of the secretary, an individualized strategy for theprovision of medical, mental health, education, employment andhousing supports as needed for the adult and, if applicable, forany minor child of the adult, to live independently andspecifically provides for the supports and any services for whichan adult with a disability is eligible including, but not limitedto, funding for home and community based services waivers.
(ff) "Youth residential facility" means any home, fosterhome or structurewhich provides24-hour-a-day care for children and which is licensed pursuant to article 5 ofchapter 65 of theKansas Statutes Annotated, and amendments thereto.
History: L. 2006, ch. 200, § 2;L. 2008, ch. 169, § 1;L. 2009, ch. 99, § 1; July 1.
