Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2243.Orders of temporary custody; notice;hearing; procedure; findings; placement; orders for removal of child fromcustody of parent, limitations.(a) Upon notice andhearing, the court may issue an order directing who shall have temporarycustody and may modifythe order during the pendency of the proceedings as will best serve the child'swelfare.
(b) A hearing pursuant to this section shall be held within 72 hours,excluding Saturdays,Sundays and legal holidays, following a child having been taken into protectivecustody.
(c) Whenever it is determined that a temporary custody hearing is required,the court shallimmediately set the time and place for the hearing. Notice of a temporarycustody hearing shall be given to all parties and interested parties.
(d) Notice of the temporary custody hearing shall be given at least 24 hoursprior to thehearing. The court may continue the hearing to afford the 24 hours prior noticeor, with the consentof the party or interested party, proceed with the hearing at the designatedtime. If an order oftemporary custody is entered and the parent or other person having custody ofthe child has not beennotified of the hearing, did not appear or waive appearance and requests arehearing, the court shallrehear the matter without unnecessary delay.
(e) Oral notice may be used for giving notice of a temporary custody hearingwhere there isinsufficient time to give written notice. Oral notice is completed upon filinga certificate of oralnotice.
(f) The court may enter an order of temporary custody after determiningthere is probable cause to believe that the: (1) Childis dangerous to self or to others; (2) child is not likely to be availablewithin the jurisdiction ofthe court for future proceedings; or (3) health or welfare of the child maybe endangered withoutfurther care.
(g) (1) Whenever the court determines the necessity for an order oftemporarycustody the courtmay place the child in the temporary custody of:
(A) A parent or other personhaving custody of thechild and may enter a restraining order pursuant to subsection (h);
(B) aperson, 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 plan to provideservices to a child orfamily which the court finds will assure the safety of the child, the court mayonly place the child inthe temporary 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 temporary 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 tobe a child in needof care solely pursuant to subsection (d)(9) or (d)(10) ofK.S.A. 2009 Supp.38-2202, and amendments thereto, the child may be placed in a juveniledetention facility orother secure facility, but the total amount of time that the child may be heldin such facility underthis section andK.S.A. 2009 Supp.38-2242, and amendments thereto, shall notexceed 24 hours,excluding Saturdays,Sundays and legal holidays. The order of temporary custody shall remain ineffect until modified orrescinded by the court or an adjudication order isentered but not exceeding 60 days, unless good causeis shown and stated on the record.
(h) If the court issues an order of temporary custody, the court may alsoenter an orderrestraining any alleged perpetrator of physical, sexual, mental or emotionalabuse of the child from residing in the child's home; visiting, contacting,harassing or intimidating the child; orattemptingto visit, contact, harass or intimidate the child, other family members orwitnesses. Such restrainingorder shall be served by personal service pursuant to subsection (a) of K.S.A.2009 Supp. 38-2237, and amendments thereto, on anyalleged perpetrator to whom the order is directed.
(i) (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, upon making the order the court shall provide the secretarywith a written copy.
(j) If the court enters an order of temporary custody that provides forplacement of the child with a person other than the parent, the court shallmake a child support determination pursuant toK.S.A. 2009 Supp.38-2277, andamendmentsthereto.
History: L. 2006, ch. 200, § 38;L. 2008, ch. 169, § 7;L. 2009, ch. 99, § 5; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2243.Orders of temporary custody; notice;hearing; procedure; findings; placement; orders for removal of child fromcustody of parent, limitations.(a) Upon notice andhearing, the court may issue an order directing who shall have temporarycustody and may modifythe order during the pendency of the proceedings as will best serve the child'swelfare.
(b) A hearing pursuant to this section shall be held within 72 hours,excluding Saturdays,Sundays and legal holidays, following a child having been taken into protectivecustody.
(c) Whenever it is determined that a temporary custody hearing is required,the court shallimmediately set the time and place for the hearing. Notice of a temporarycustody hearing shall be given to all parties and interested parties.
(d) Notice of the temporary custody hearing shall be given at least 24 hoursprior to thehearing. The court may continue the hearing to afford the 24 hours prior noticeor, with the consentof the party or interested party, proceed with the hearing at the designatedtime. If an order oftemporary custody is entered and the parent or other person having custody ofthe child has not beennotified of the hearing, did not appear or waive appearance and requests arehearing, the court shallrehear the matter without unnecessary delay.
(e) Oral notice may be used for giving notice of a temporary custody hearingwhere there isinsufficient time to give written notice. Oral notice is completed upon filinga certificate of oralnotice.
(f) The court may enter an order of temporary custody after determiningthere is probable cause to believe that the: (1) Childis dangerous to self or to others; (2) child is not likely to be availablewithin the jurisdiction ofthe court for future proceedings; or (3) health or welfare of the child maybe endangered withoutfurther care.
(g) (1) Whenever the court determines the necessity for an order oftemporarycustody the courtmay place the child in the temporary custody of:
(A) A parent or other personhaving custody of thechild and may enter a restraining order pursuant to subsection (h);
(B) aperson, 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 plan to provideservices to a child orfamily which the court finds will assure the safety of the child, the court mayonly place the child inthe temporary 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 temporary 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 tobe a child in needof care solely pursuant to subsection (d)(9) or (d)(10) ofK.S.A. 2009 Supp.38-2202, and amendments thereto, the child may be placed in a juveniledetention facility orother secure facility, but the total amount of time that the child may be heldin such facility underthis section andK.S.A. 2009 Supp.38-2242, and amendments thereto, shall notexceed 24 hours,excluding Saturdays,Sundays and legal holidays. The order of temporary custody shall remain ineffect until modified orrescinded by the court or an adjudication order isentered but not exceeding 60 days, unless good causeis shown and stated on the record.
(h) If the court issues an order of temporary custody, the court may alsoenter an orderrestraining any alleged perpetrator of physical, sexual, mental or emotionalabuse of the child from residing in the child's home; visiting, contacting,harassing or intimidating the child; orattemptingto visit, contact, harass or intimidate the child, other family members orwitnesses. Such restrainingorder shall be served by personal service pursuant to subsection (a) of K.S.A.2009 Supp. 38-2237, and amendments thereto, on anyalleged perpetrator to whom the order is directed.
(i) (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, upon making the order the court shall provide the secretarywith a written copy.
(j) If the court enters an order of temporary custody that provides forplacement of the child with a person other than the parent, the court shallmake a child support determination pursuant toK.S.A. 2009 Supp.38-2277, andamendmentsthereto.
History: L. 2006, ch. 200, § 38;L. 2008, ch. 169, § 7;L. 2009, ch. 99, § 5; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2243.Orders of temporary custody; notice;hearing; procedure; findings; placement; orders for removal of child fromcustody of parent, limitations.(a) Upon notice andhearing, the court may issue an order directing who shall have temporarycustody and may modifythe order during the pendency of the proceedings as will best serve the child'swelfare.
(b) A hearing pursuant to this section shall be held within 72 hours,excluding Saturdays,Sundays and legal holidays, following a child having been taken into protectivecustody.
(c) Whenever it is determined that a temporary custody hearing is required,the court shallimmediately set the time and place for the hearing. Notice of a temporarycustody hearing shall be given to all parties and interested parties.
(d) Notice of the temporary custody hearing shall be given at least 24 hoursprior to thehearing. The court may continue the hearing to afford the 24 hours prior noticeor, with the consentof the party or interested party, proceed with the hearing at the designatedtime. If an order oftemporary custody is entered and the parent or other person having custody ofthe child has not beennotified of the hearing, did not appear or waive appearance and requests arehearing, the court shallrehear the matter without unnecessary delay.
(e) Oral notice may be used for giving notice of a temporary custody hearingwhere there isinsufficient time to give written notice. Oral notice is completed upon filinga certificate of oralnotice.
(f) The court may enter an order of temporary custody after determiningthere is probable cause to believe that the: (1) Childis dangerous to self or to others; (2) child is not likely to be availablewithin the jurisdiction ofthe court for future proceedings; or (3) health or welfare of the child maybe endangered withoutfurther care.
(g) (1) Whenever the court determines the necessity for an order oftemporarycustody the courtmay place the child in the temporary custody of:
(A) A parent or other personhaving custody of thechild and may enter a restraining order pursuant to subsection (h);
(B) aperson, 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 plan to provideservices to a child orfamily which the court finds will assure the safety of the child, the court mayonly place the child inthe temporary 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 temporary 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 tobe a child in needof care solely pursuant to subsection (d)(9) or (d)(10) ofK.S.A. 2009 Supp.38-2202, and amendments thereto, the child may be placed in a juveniledetention facility orother secure facility, but the total amount of time that the child may be heldin such facility underthis section andK.S.A. 2009 Supp.38-2242, and amendments thereto, shall notexceed 24 hours,excluding Saturdays,Sundays and legal holidays. The order of temporary custody shall remain ineffect until modified orrescinded by the court or an adjudication order isentered but not exceeding 60 days, unless good causeis shown and stated on the record.
(h) If the court issues an order of temporary custody, the court may alsoenter an orderrestraining any alleged perpetrator of physical, sexual, mental or emotionalabuse of the child from residing in the child's home; visiting, contacting,harassing or intimidating the child; orattemptingto visit, contact, harass or intimidate the child, other family members orwitnesses. Such restrainingorder shall be served by personal service pursuant to subsection (a) of K.S.A.2009 Supp. 38-2237, and amendments thereto, on anyalleged perpetrator to whom the order is directed.
(i) (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, upon making the order the court shall provide the secretarywith a written copy.
(j) If the court enters an order of temporary custody that provides forplacement of the child with a person other than the parent, the court shallmake a child support determination pursuant toK.S.A. 2009 Supp.38-2277, andamendmentsthereto.
History: L. 2006, ch. 200, § 38;L. 2008, ch. 169, § 7;L. 2009, ch. 99, § 5; July 1.
