State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16196

38-2216

Chapter 38.--MINORS
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2216.   Expense of care and custody ofchild.(a) How paid. (1) If a child alleged or adjudgedto bea child in need of care isnot eligible for assistance under K.S.A. 39-709, and amendments thereto,expenses for the care andcustody of the child shall be paid out of the general fund of the county inwhich the proceedings arebrought. For the purpose of this section, a child who is a nonresident of thestate of Kansas or whoseresidence is unknown shall have residence in the county where the proceedingsare instituted.

      (2)   When a law enforcement officer has taken a child into custody asauthorized bysubsection (b) ofK.S.A. 2009 Supp.38-2231, and amendments thereto, anddelivered the childto a person or facilitydesignated by the secretary or when custody of a child is awarded to thesecretary, the expenses ofthe care and custody of the child may be paid by the secretary, even though thechild does not meetthe eligibility standards of K.S.A. 39-709, and amendments thereto.

      (3)   When the custody of a child is awarded to the secretary, the expenses ofthe care andcustody of the child shall not be paid out of the county general fund.

      (4)   Nothing in this section shall be construed to mean that any person shallbe relieved oflegal responsibility to support a child.

      (b)   Reimbursement to county general fund. (1) Whenexpenses for the care and custody ofa child alleged or adjudged to be a child in need of care have been paid out ofthe county generalfund, the court may fix a time and place for hearing on the question ofrequiring payment orreimbursement of all or part of the expenses by a person who by law is liableto maintain, care foror support the child.

      (2)   The court, after notice to the person who by law is liable to maintain,care for or supportthe child, may hear and dispose of the matter and may enter an order relatingto payment of expensesfor care and custody of the child. If the person willfully fails or refuses topay the sum, the personmay be adjudged in contempt of court and punished accordingly.

      (3)   The county may bring a separate action against a person who by law isliable to maintain,care for or support a child alleged or adjudged to be a child in need of carefor the reimbursementof expenses paid out of the county general fund for the care and custody of thechild.

      (c)   Reimbursement to secretary. (1) When expenses forthe care and custody of a childalleged or adjudged to be a child in need of care have been paid by thesecretary, the secretary mayrecover the expenses pursuant to K.S.A. 39-709, 39-718b or 39-755, andamendments thereto, or asotherwise provided by law, from any person who by law is liable to maintain,care for or support thechild.

      (2)   The secretary shall have the power to compromise and settle any claim dueor any amountclaimed to be due to the secretary from any person who by law is liable tomaintain, care for or support the child.

      History:   L. 2006, ch. 200, § 11; Jan. 1, 2007.

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16196

38-2216

Chapter 38.--MINORS
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2216.   Expense of care and custody ofchild.(a) How paid. (1) If a child alleged or adjudgedto bea child in need of care isnot eligible for assistance under K.S.A. 39-709, and amendments thereto,expenses for the care andcustody of the child shall be paid out of the general fund of the county inwhich the proceedings arebrought. For the purpose of this section, a child who is a nonresident of thestate of Kansas or whoseresidence is unknown shall have residence in the county where the proceedingsare instituted.

      (2)   When a law enforcement officer has taken a child into custody asauthorized bysubsection (b) ofK.S.A. 2009 Supp.38-2231, and amendments thereto, anddelivered the childto a person or facilitydesignated by the secretary or when custody of a child is awarded to thesecretary, the expenses ofthe care and custody of the child may be paid by the secretary, even though thechild does not meetthe eligibility standards of K.S.A. 39-709, and amendments thereto.

      (3)   When the custody of a child is awarded to the secretary, the expenses ofthe care andcustody of the child shall not be paid out of the county general fund.

      (4)   Nothing in this section shall be construed to mean that any person shallbe relieved oflegal responsibility to support a child.

      (b)   Reimbursement to county general fund. (1) Whenexpenses for the care and custody ofa child alleged or adjudged to be a child in need of care have been paid out ofthe county generalfund, the court may fix a time and place for hearing on the question ofrequiring payment orreimbursement of all or part of the expenses by a person who by law is liableto maintain, care foror support the child.

      (2)   The court, after notice to the person who by law is liable to maintain,care for or supportthe child, may hear and dispose of the matter and may enter an order relatingto payment of expensesfor care and custody of the child. If the person willfully fails or refuses topay the sum, the personmay be adjudged in contempt of court and punished accordingly.

      (3)   The county may bring a separate action against a person who by law isliable to maintain,care for or support a child alleged or adjudged to be a child in need of carefor the reimbursementof expenses paid out of the county general fund for the care and custody of thechild.

      (c)   Reimbursement to secretary. (1) When expenses forthe care and custody of a childalleged or adjudged to be a child in need of care have been paid by thesecretary, the secretary mayrecover the expenses pursuant to K.S.A. 39-709, 39-718b or 39-755, andamendments thereto, or asotherwise provided by law, from any person who by law is liable to maintain,care for or support thechild.

      (2)   The secretary shall have the power to compromise and settle any claim dueor any amountclaimed to be due to the secretary from any person who by law is liable tomaintain, care for or support the child.

      History:   L. 2006, ch. 200, § 11; Jan. 1, 2007.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16196

38-2216

Chapter 38.--MINORS
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2216.   Expense of care and custody ofchild.(a) How paid. (1) If a child alleged or adjudgedto bea child in need of care isnot eligible for assistance under K.S.A. 39-709, and amendments thereto,expenses for the care andcustody of the child shall be paid out of the general fund of the county inwhich the proceedings arebrought. For the purpose of this section, a child who is a nonresident of thestate of Kansas or whoseresidence is unknown shall have residence in the county where the proceedingsare instituted.

      (2)   When a law enforcement officer has taken a child into custody asauthorized bysubsection (b) ofK.S.A. 2009 Supp.38-2231, and amendments thereto, anddelivered the childto a person or facilitydesignated by the secretary or when custody of a child is awarded to thesecretary, the expenses ofthe care and custody of the child may be paid by the secretary, even though thechild does not meetthe eligibility standards of K.S.A. 39-709, and amendments thereto.

      (3)   When the custody of a child is awarded to the secretary, the expenses ofthe care andcustody of the child shall not be paid out of the county general fund.

      (4)   Nothing in this section shall be construed to mean that any person shallbe relieved oflegal responsibility to support a child.

      (b)   Reimbursement to county general fund. (1) Whenexpenses for the care and custody ofa child alleged or adjudged to be a child in need of care have been paid out ofthe county generalfund, the court may fix a time and place for hearing on the question ofrequiring payment orreimbursement of all or part of the expenses by a person who by law is liableto maintain, care foror support the child.

      (2)   The court, after notice to the person who by law is liable to maintain,care for or supportthe child, may hear and dispose of the matter and may enter an order relatingto payment of expensesfor care and custody of the child. If the person willfully fails or refuses topay the sum, the personmay be adjudged in contempt of court and punished accordingly.

      (3)   The county may bring a separate action against a person who by law isliable to maintain,care for or support a child alleged or adjudged to be a child in need of carefor the reimbursementof expenses paid out of the county general fund for the care and custody of thechild.

      (c)   Reimbursement to secretary. (1) When expenses forthe care and custody of a childalleged or adjudged to be a child in need of care have been paid by thesecretary, the secretary mayrecover the expenses pursuant to K.S.A. 39-709, 39-718b or 39-755, andamendments thereto, or asotherwise provided by law, from any person who by law is liable to maintain,care for or support thechild.

      (2)   The secretary shall have the power to compromise and settle any claim dueor any amountclaimed to be due to the secretary from any person who by law is liable tomaintain, care for or support the child.

      History:   L. 2006, ch. 200, § 11; Jan. 1, 2007.