State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16224

38-2244

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

      38-2244.   Order for informal supervision; restrainingorders.(a) At any timeafter filing a petition, but prior to an adjudication, the court may enter anorder for continuanceand informal supervision without an adjudication if no party objects. Upongranting the continuance, the court shall include in the order any conditionswith which theparties and interested parties are expected to comply andprovide the parties and interested partieswith a copy of the order. The conditions may include appropriate dispositionalalternativesauthorized byK.S.A. 2009 Supp.38-2255, and amendments thereto.

      (b)   An order for informal supervision may remain in force for a period of upto sixmonths and may be extended, upon hearing, for an additional six-month periodfor a total of oneyear.For a child underan order for informal supervision who remains in the custody of such child'sparent, such one-year period may be extended if no party objects, upon hearing,for up to an additional one year, with reviews by the court occurring at leastevery six months.

      (c)   The court after notice and hearing may revoke or modify the order withrespect to aparty or interested party upon a showing that the party or interested party,being subject to theorder for informal supervision, has substantially failed to comply with theterms of the order, orthat modification would be in the best interests of the child. Upon revocation,proceedings shallresume pursuant to this code.

      (d)   Persons subject to the order for informal supervision who successfullycomplete theterms and period of supervision shall not again be proceeded against in anycourt based solelyupon the allegations in the original petition and the proceedings shall bedismissed.

      (e)   If the court issues an order for informal supervision pursuant to thissection, the courtmay also enter an order restraining any alleged perpetrator of physical,mental oremotional abuse or sexual abuse of the child from residing in the child's home,visiting,contacting, harassing orintimidating the child, other family member or witness; or attempting to visit,contact, harass orintimidate the child, other family member or witness. The restraining ordershall be served bypersonal service pursuant to subsection (a) ofK.S.A. 2009 Supp.38-2237, andamendmentsthereto, on anyalleged perpetrator towhom the order is directed.

      (f)   Lack of service on a parent shall not preclude an informal supervisionunder theprovisions of this section. If an order of informal supervision is enteredwhich effects change incustody, any parent not served pursuant toK.S.A. 2009 Supp.38-2237, andamendments thereto,who has notconsented to the informal supervision, may request reconsideration of the orderof informalsupervision. The court shall hear the request without unnecessary delay. Ifthe informalsupervision order effects a change in custody, efforts to accomplish servicepursuant toK.S.A. 2009 Supp.38-2237, and amendments thereto, shall continue.

      History:   L. 2006, ch. 200, § 39;L. 2008, ch. 169, § 8; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16224

38-2244

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

      38-2244.   Order for informal supervision; restrainingorders.(a) At any timeafter filing a petition, but prior to an adjudication, the court may enter anorder for continuanceand informal supervision without an adjudication if no party objects. Upongranting the continuance, the court shall include in the order any conditionswith which theparties and interested parties are expected to comply andprovide the parties and interested partieswith a copy of the order. The conditions may include appropriate dispositionalalternativesauthorized byK.S.A. 2009 Supp.38-2255, and amendments thereto.

      (b)   An order for informal supervision may remain in force for a period of upto sixmonths and may be extended, upon hearing, for an additional six-month periodfor a total of oneyear.For a child underan order for informal supervision who remains in the custody of such child'sparent, such one-year period may be extended if no party objects, upon hearing,for up to an additional one year, with reviews by the court occurring at leastevery six months.

      (c)   The court after notice and hearing may revoke or modify the order withrespect to aparty or interested party upon a showing that the party or interested party,being subject to theorder for informal supervision, has substantially failed to comply with theterms of the order, orthat modification would be in the best interests of the child. Upon revocation,proceedings shallresume pursuant to this code.

      (d)   Persons subject to the order for informal supervision who successfullycomplete theterms and period of supervision shall not again be proceeded against in anycourt based solelyupon the allegations in the original petition and the proceedings shall bedismissed.

      (e)   If the court issues an order for informal supervision pursuant to thissection, the courtmay also enter an order restraining any alleged perpetrator of physical,mental oremotional abuse or sexual abuse of the child from residing in the child's home,visiting,contacting, harassing orintimidating the child, other family member or witness; or attempting to visit,contact, harass orintimidate the child, other family member or witness. The restraining ordershall be served bypersonal service pursuant to subsection (a) ofK.S.A. 2009 Supp.38-2237, andamendmentsthereto, on anyalleged perpetrator towhom the order is directed.

      (f)   Lack of service on a parent shall not preclude an informal supervisionunder theprovisions of this section. If an order of informal supervision is enteredwhich effects change incustody, any parent not served pursuant toK.S.A. 2009 Supp.38-2237, andamendments thereto,who has notconsented to the informal supervision, may request reconsideration of the orderof informalsupervision. The court shall hear the request without unnecessary delay. Ifthe informalsupervision order effects a change in custody, efforts to accomplish servicepursuant toK.S.A. 2009 Supp.38-2237, and amendments thereto, shall continue.

      History:   L. 2006, ch. 200, § 39;L. 2008, ch. 169, § 8; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16224

38-2244

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

      38-2244.   Order for informal supervision; restrainingorders.(a) At any timeafter filing a petition, but prior to an adjudication, the court may enter anorder for continuanceand informal supervision without an adjudication if no party objects. Upongranting the continuance, the court shall include in the order any conditionswith which theparties and interested parties are expected to comply andprovide the parties and interested partieswith a copy of the order. The conditions may include appropriate dispositionalalternativesauthorized byK.S.A. 2009 Supp.38-2255, and amendments thereto.

      (b)   An order for informal supervision may remain in force for a period of upto sixmonths and may be extended, upon hearing, for an additional six-month periodfor a total of oneyear.For a child underan order for informal supervision who remains in the custody of such child'sparent, such one-year period may be extended if no party objects, upon hearing,for up to an additional one year, with reviews by the court occurring at leastevery six months.

      (c)   The court after notice and hearing may revoke or modify the order withrespect to aparty or interested party upon a showing that the party or interested party,being subject to theorder for informal supervision, has substantially failed to comply with theterms of the order, orthat modification would be in the best interests of the child. Upon revocation,proceedings shallresume pursuant to this code.

      (d)   Persons subject to the order for informal supervision who successfullycomplete theterms and period of supervision shall not again be proceeded against in anycourt based solelyupon the allegations in the original petition and the proceedings shall bedismissed.

      (e)   If the court issues an order for informal supervision pursuant to thissection, the courtmay also enter an order restraining any alleged perpetrator of physical,mental oremotional abuse or sexual abuse of the child from residing in the child's home,visiting,contacting, harassing orintimidating the child, other family member or witness; or attempting to visit,contact, harass orintimidate the child, other family member or witness. The restraining ordershall be served bypersonal service pursuant to subsection (a) ofK.S.A. 2009 Supp.38-2237, andamendmentsthereto, on anyalleged perpetrator towhom the order is directed.

      (f)   Lack of service on a parent shall not preclude an informal supervisionunder theprovisions of this section. If an order of informal supervision is enteredwhich effects change incustody, any parent not served pursuant toK.S.A. 2009 Supp.38-2237, andamendments thereto,who has notconsented to the informal supervision, may request reconsideration of the orderof informalsupervision. The court shall hear the request without unnecessary delay. Ifthe informalsupervision order effects a change in custody, efforts to accomplish servicepursuant toK.S.A. 2009 Supp.38-2237, and amendments thereto, shall continue.

      History:   L. 2006, ch. 200, § 39;L. 2008, ch. 169, § 8; July 1.