Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2242.Ex parte orders of protectivecustody; application; determination of probable cause; period of time;placement; procedures; orders for removal of child from custody of parent,limitations.(a) The court, upon verified application, may issue exparte an orderdirecting that a child be held in protective custody and, if the child has notbeen taken into custody,an order directing that the child be taken into custody. The application shallstate for each child:
(1) The applicant's belief that the child is a child in need of care;
(2) that the child is likelyto sustain harm if not immediately removed from the home;
(3) that allowingthe child to remainin the home is contrary to the welfare of the child; and
(4) the facts reliedupon to support theapplication, including efforts known to the applicant to maintain the familyunit and prevent theunnecessary removal of the child from the child's home, or the specific factssupporting that anemergency exists which threatens the safety of the child.
(b) (1) The order of protective custody may be issued only after the courthas determinedthere is probable cause to believe the allegations in the application are true.The order shall remainin effect until the temporary custody hearing provided for inK.S.A. 2009 Supp.38-2243, andamendments thereto,unless earlier rescinded by the court.
(2) No child shall be held in protective custody for more than 72 hours,excluding Saturdays,Sundays and legal holidays, unless within the 72-hour period a determination ismade as to thenecessity for temporary custody in a temporary custody hearing.The time spent in custody pursuant toK.S.A. 2009 Supp.38-2232, and amendmentsthereto,shall be included in calculating the 72-hour period. Nothing inthis subsection shallbe construed to mean that the child must remain in protective custody for 72hours.If a child is in theprotective custody of the secretary, the secretary shall allow at least onesupervised visitbetween the child and the parent or parents within such time period as thechild is in protective custody.The court may prohibit such supervised visit if the court determines it is notin the best interest of the child.
(c) (1) Whenever the court determines the necessity for an order ofprotectivecustody, the courtmay place the child in the protective custody of:
(A) A parent or other personhaving custody of thechild and may enter a restraining order pursuant to subsection (e);
(B) a person, other than the parentor other person having custody, who shall not be required to be licensed underarticle 5 of chapter65 of the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility; or
(E) the secretary, if the child is 15 years of age or younger, or 16 or 17years of age if the child has no identifiable parental or family resources orshows signs of physical, mental, emotional or sexualabuse.
(2) If the secretary presents the court with a plantoprovide services to a child orfamily which the court finds will assure the safety of the child, the court mayonly place the child inthe protective custody of the secretary until the court finds the services arein place. The court shallhave the authority to require any person or entity agreeing to participate inthe plan to perform as setout in the plan. When the child is placed in the protective custody of thesecretary, the secretary shallhave the discretionary authority to place the child with a parent or to makeother suitable placementfor the child. When the child is presently alleged, but not yet adjudicated,to be a child in needof care solely pursuant to subsection (d)(9) or (d)(10) ofK.S.A. 2009 Supp.38-2202, andamendments thereto, thechild may be placed in a juveniledetention facility orother secure facility pursuant to an order of protective custody for a periodof not to exceed 24 hours,excluding Saturdays, Sundays and legal holidays.
(d) The order of protective custody shall be served pursuant to subsection(a) ofK.S.A. 2009 Supp.38-2237, andamendments thereto, on the child's parents and any other person having legalcustody of the child.The order shall prohibit the removal of the child from the court'sjurisdiction without the court'spermission.
(e) If the court issues an order of protective custody, the court may alsoenter an orderrestraining any alleged perpetrator of physical, sexual, mental or emotionalabuse of the child fromresiding in the child's home; visiting, contacting, harassing or intimidatingthe child, other familymember or witness; or attempting to visit, contact, harass or intimidate thechild, other familymember or witness. Such restraining order shall be served by personal servicepursuant to subsection (a) ofK.S.A. 2009 Supp.38-2237, and amendmentsthereto, on anyalleged perpetrator to whom the order is directed.
(f) (1) The court shall not enter an order removing a child from thecustody of aparent pursuant to this section unless the court first finds probable causethat: (A)(i) the child is likely to sustain harm if not immediately removedfrom the home;
(ii) allowing the child to remain in home is contrary to the welfare ofthe child; or
(iii) immediate placement of the child is in the best interest of the child;and
(B) reasonable efforts have been made to maintain the family unit and preventthe unnecessary removal of the child from the child's home or that an emergencyexists which threatens the safety to the child.
(2) Such findings shall be included in any order entered by the court. If thechildis placed in the custodyof the secretary, the court shall provide the secretary with a written copy ofany orders entered uponmaking the order.
History: L. 2006, ch. 200, § 37;L. 2009, ch. 99, § 4; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2242.Ex parte orders of protectivecustody; application; determination of probable cause; period of time;placement; procedures; orders for removal of child from custody of parent,limitations.(a) The court, upon verified application, may issue exparte an orderdirecting that a child be held in protective custody and, if the child has notbeen taken into custody,an order directing that the child be taken into custody. The application shallstate for each child:
(1) The applicant's belief that the child is a child in need of care;
(2) that the child is likelyto sustain harm if not immediately removed from the home;
(3) that allowingthe child to remainin the home is contrary to the welfare of the child; and
(4) the facts reliedupon to support theapplication, including efforts known to the applicant to maintain the familyunit and prevent theunnecessary removal of the child from the child's home, or the specific factssupporting that anemergency exists which threatens the safety of the child.
(b) (1) The order of protective custody may be issued only after the courthas determinedthere is probable cause to believe the allegations in the application are true.The order shall remainin effect until the temporary custody hearing provided for inK.S.A. 2009 Supp.38-2243, andamendments thereto,unless earlier rescinded by the court.
(2) No child shall be held in protective custody for more than 72 hours,excluding Saturdays,Sundays and legal holidays, unless within the 72-hour period a determination ismade as to thenecessity for temporary custody in a temporary custody hearing.The time spent in custody pursuant toK.S.A. 2009 Supp.38-2232, and amendmentsthereto,shall be included in calculating the 72-hour period. Nothing inthis subsection shallbe construed to mean that the child must remain in protective custody for 72hours.If a child is in theprotective custody of the secretary, the secretary shall allow at least onesupervised visitbetween the child and the parent or parents within such time period as thechild is in protective custody.The court may prohibit such supervised visit if the court determines it is notin the best interest of the child.
(c) (1) Whenever the court determines the necessity for an order ofprotectivecustody, the courtmay place the child in the protective custody of:
(A) A parent or other personhaving custody of thechild and may enter a restraining order pursuant to subsection (e);
(B) a person, other than the parentor other person having custody, who shall not be required to be licensed underarticle 5 of chapter65 of the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility; or
(E) the secretary, if the child is 15 years of age or younger, or 16 or 17years of age if the child has no identifiable parental or family resources orshows signs of physical, mental, emotional or sexualabuse.
(2) If the secretary presents the court with a plantoprovide services to a child orfamily which the court finds will assure the safety of the child, the court mayonly place the child inthe protective custody of the secretary until the court finds the services arein place. The court shallhave the authority to require any person or entity agreeing to participate inthe plan to perform as setout in the plan. When the child is placed in the protective custody of thesecretary, the secretary shallhave the discretionary authority to place the child with a parent or to makeother suitable placementfor the child. When the child is presently alleged, but not yet adjudicated,to be a child in needof care solely pursuant to subsection (d)(9) or (d)(10) ofK.S.A. 2009 Supp.38-2202, andamendments thereto, thechild may be placed in a juveniledetention facility orother secure facility pursuant to an order of protective custody for a periodof not to exceed 24 hours,excluding Saturdays, Sundays and legal holidays.
(d) The order of protective custody shall be served pursuant to subsection(a) ofK.S.A. 2009 Supp.38-2237, andamendments thereto, on the child's parents and any other person having legalcustody of the child.The order shall prohibit the removal of the child from the court'sjurisdiction without the court'spermission.
(e) If the court issues an order of protective custody, the court may alsoenter an orderrestraining any alleged perpetrator of physical, sexual, mental or emotionalabuse of the child fromresiding in the child's home; visiting, contacting, harassing or intimidatingthe child, other familymember or witness; or attempting to visit, contact, harass or intimidate thechild, other familymember or witness. Such restraining order shall be served by personal servicepursuant to subsection (a) ofK.S.A. 2009 Supp.38-2237, and amendmentsthereto, on anyalleged perpetrator to whom the order is directed.
(f) (1) The court shall not enter an order removing a child from thecustody of aparent pursuant to this section unless the court first finds probable causethat: (A)(i) the child is likely to sustain harm if not immediately removedfrom the home;
(ii) allowing the child to remain in home is contrary to the welfare ofthe child; or
(iii) immediate placement of the child is in the best interest of the child;and
(B) reasonable efforts have been made to maintain the family unit and preventthe unnecessary removal of the child from the child's home or that an emergencyexists which threatens the safety to the child.
(2) Such findings shall be included in any order entered by the court. If thechildis placed in the custodyof the secretary, the court shall provide the secretary with a written copy ofany orders entered uponmaking the order.
History: L. 2006, ch. 200, § 37;L. 2009, ch. 99, § 4; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2242.Ex parte orders of protectivecustody; application; determination of probable cause; period of time;placement; procedures; orders for removal of child from custody of parent,limitations.(a) The court, upon verified application, may issue exparte an orderdirecting that a child be held in protective custody and, if the child has notbeen taken into custody,an order directing that the child be taken into custody. The application shallstate for each child:
(1) The applicant's belief that the child is a child in need of care;
(2) that the child is likelyto sustain harm if not immediately removed from the home;
(3) that allowingthe child to remainin the home is contrary to the welfare of the child; and
(4) the facts reliedupon to support theapplication, including efforts known to the applicant to maintain the familyunit and prevent theunnecessary removal of the child from the child's home, or the specific factssupporting that anemergency exists which threatens the safety of the child.
(b) (1) The order of protective custody may be issued only after the courthas determinedthere is probable cause to believe the allegations in the application are true.The order shall remainin effect until the temporary custody hearing provided for inK.S.A. 2009 Supp.38-2243, andamendments thereto,unless earlier rescinded by the court.
(2) No child shall be held in protective custody for more than 72 hours,excluding Saturdays,Sundays and legal holidays, unless within the 72-hour period a determination ismade as to thenecessity for temporary custody in a temporary custody hearing.The time spent in custody pursuant toK.S.A. 2009 Supp.38-2232, and amendmentsthereto,shall be included in calculating the 72-hour period. Nothing inthis subsection shallbe construed to mean that the child must remain in protective custody for 72hours.If a child is in theprotective custody of the secretary, the secretary shall allow at least onesupervised visitbetween the child and the parent or parents within such time period as thechild is in protective custody.The court may prohibit such supervised visit if the court determines it is notin the best interest of the child.
(c) (1) Whenever the court determines the necessity for an order ofprotectivecustody, the courtmay place the child in the protective custody of:
(A) A parent or other personhaving custody of thechild and may enter a restraining order pursuant to subsection (e);
(B) a person, other than the parentor other person having custody, who shall not be required to be licensed underarticle 5 of chapter65 of the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility; or
(E) the secretary, if the child is 15 years of age or younger, or 16 or 17years of age if the child has no identifiable parental or family resources orshows signs of physical, mental, emotional or sexualabuse.
(2) If the secretary presents the court with a plantoprovide services to a child orfamily which the court finds will assure the safety of the child, the court mayonly place the child inthe protective custody of the secretary until the court finds the services arein place. The court shallhave the authority to require any person or entity agreeing to participate inthe plan to perform as setout in the plan. When the child is placed in the protective custody of thesecretary, the secretary shallhave the discretionary authority to place the child with a parent or to makeother suitable placementfor the child. When the child is presently alleged, but not yet adjudicated,to be a child in needof care solely pursuant to subsection (d)(9) or (d)(10) ofK.S.A. 2009 Supp.38-2202, andamendments thereto, thechild may be placed in a juveniledetention facility orother secure facility pursuant to an order of protective custody for a periodof not to exceed 24 hours,excluding Saturdays, Sundays and legal holidays.
(d) The order of protective custody shall be served pursuant to subsection(a) ofK.S.A. 2009 Supp.38-2237, andamendments thereto, on the child's parents and any other person having legalcustody of the child.The order shall prohibit the removal of the child from the court'sjurisdiction without the court'spermission.
(e) If the court issues an order of protective custody, the court may alsoenter an orderrestraining any alleged perpetrator of physical, sexual, mental or emotionalabuse of the child fromresiding in the child's home; visiting, contacting, harassing or intimidatingthe child, other familymember or witness; or attempting to visit, contact, harass or intimidate thechild, other familymember or witness. Such restraining order shall be served by personal servicepursuant to subsection (a) ofK.S.A. 2009 Supp.38-2237, and amendmentsthereto, on anyalleged perpetrator to whom the order is directed.
(f) (1) The court shall not enter an order removing a child from thecustody of aparent pursuant to this section unless the court first finds probable causethat: (A)(i) the child is likely to sustain harm if not immediately removedfrom the home;
(ii) allowing the child to remain in home is contrary to the welfare ofthe child; or
(iii) immediate placement of the child is in the best interest of the child;and
(B) reasonable efforts have been made to maintain the family unit and preventthe unnecessary removal of the child from the child's home or that an emergencyexists which threatens the safety to the child.
(2) Such findings shall be included in any order entered by the court. If thechildis placed in the custodyof the secretary, the court shall provide the secretary with a written copy ofany orders entered uponmaking the order.
History: L. 2006, ch. 200, § 37;L. 2009, ch. 99, § 4; July 1.
