Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2260.Placement; order directing child to remainin present or future placement, application for determination that child hasviolated order; procedure; authorized dispositions; limitations on facilitiesused for placement; computation of time limitations.(a) Valid court order. During proceedings underthis code, the court mayenter an order directing a childwho is the subject of the proceedings to remain in a present or futureplacement if:
(1) The child and the child's guardian ad litem are present incourt when theorder is entered;
(2) the court finds that the child has been adjudicated a child in need ofcare pursuant tosubsections (d)(6), (d)(7), (d)(8), (d)(9), (d)(10) or (d)(12) of K.S.A. 2009Supp. 38-2202, and amendments thereto,and that the child is not likely to be available within the jurisdictionof the court for futureproceedings;
(3) the child and the guardian ad litem receive oral and writtennotice of the consequencesof violation of the order; and
(4) a copy of the written notice is filed in the official case file.
(b) Application. Any person may file a verified application fordetermination that a childhas violated an order entered pursuant to subsection (a) and for an orderauthorizing holding thechild in a secure facility or juvenile detention facility. The applicationshall state the applicant's beliefthat the child has violated the order entered pursuant to subsection (a)without good cause and thespecific facts supporting the allegation.
(c) Ex parte order. After reviewing the application filed pursuantto subsection (b), the courtmay enter an ex parte order directing that the child be taken intocustody and held in a secure facility or juvenile detention facility designatedby the court, if thecourt finds probablecause that the child violated the court's order to remainin placement without good cause. Pursuant toK.S.A. 2009 Supp.38-2237, and amendments thereto, the order shall be servedon the child'sparents, the child'slegal custodian and the child's guardian ad litem.
(d) Preliminary hearing. Within 24 hours following a child'sbeing taken into custodypursuant to an order issued under subsection (c), the court shall hold apreliminary hearing todetermine whether the child admits or denies the allegations of the applicationand, if the childdenies the allegations, to determine whether probable cause exists to supportthe allegations.
(1) Notice of the time and place of the preliminary hearing shall be givenorally or in writing to thechild's parents, the child's legal custodian and the child's guardianad litem.
(2) At the hearing,the child shall have the right to a guardian ad litem and shall beserved with a copy of theapplication.
(3) If the child admits the allegations or enters a no conteststatement and if the courtfinds that the admission or no contest statement is knowledgeable andvoluntary, the court shallproceed without delay to the placement hearing pursuant to subsection (f).
(4) If the child deniesthe allegations, the court shall determine whether probable cause exists tohold the child in a securefacility or juvenile detention facility pending an evidentiary hearing pursuantto subsection (e). Afterhearing the evidence, if thecourt finds that: (A) There is probable cause to believe that the child hasviolated an order enteredpursuant to subsection (a) without good cause; and (B) placement in a securefacility or juvenile detention facility is necessary for the protectionof the child or to assure the presence of the child at the evidentiary hearingpursuant to subsection(e), the court may order the child held in a secure facility or juveniledetention facility pending the evidentiary hearing.
(e) Evidentiary hearing. The court shall hold an evidentiaryhearing on an applicationwithin 72 hours of the child's being taken into custody. Notice of the timeand place of the hearingshall be given orally or in writing to the child's parents, the child's legalcustodian and thechild's guardian ad litem. At the evidentiary hearing, the courtshall determine by a clear and convincingevidencewhether the child has:
(1) Violated a court order entered pursuant to subsection (a)without good cause;
(2) been provided at the hearing with the rights enumerated insubsection (d)(2);and
(3) been informed of:
(A) The nature and consequences of the proceeding;
(B) the right toconfront and cross-examine witnesses and present evidence;
(C) the right tohave a transcript orrecording of the proceedings; and
(D) the right to appeal.
(f) Placement. (1) If the child admits violating theorder entered pursuant to subsection (a) orif, after anevidentiary hearing, the court finds that the child has violated such an order,the court shallimmediately proceed to a placement hearing. The court may enter an orderawarding custody of thechild to:
(A) A parent or other legal custodian;
(B) a person other than aparent or other person havingcustody, who shall not be required to be licensed under article 5 of chapter 65of the Kansas StatutesAnnotated, and amendments thereto;
(C) a youth residential facility; or
(D) thesecretary, if thesecretary does not already have legal custody of the child.
(2) The court mayauthorize the custodianto place the child in a secure facility or juvenile detention facility, if thecourt determines that all otherplacement optionshave been exhausted or are inappropriate, based upon awritten reportsubmitted by the secretary, if the child is in the secretary's custody, orsubmitted by a public agencyindependent of the court and law enforcement, if the child is in the custody ofsomeone other thanthe secretary. The report shall detail the behavior of the child and thecircumstances under which thechild was brought before the court and made subject to theorder entered pursuant to subsection (a).
(3) The authorization to place the child in a secure facility or juveniledetention facility pursuantto this subsection shall expire 60 days, inclusive of weekend and legalholidays, after its issue. The court may grantextensions of such authorization for two additional periods, each not to exceed60 days, uponrehearing pursuant toK.S.A. 2009 Supp.38-2256, and amendments thereto.
(g) Payment. The secretary shall only pay for placement andservices for achild placed ina secure facility or juvenile detention facility pursuant to subsection (f)upon receipt of a valid courtorder authorizing secure careplacement.
(h) Limitations on facilities used. Nothing in thissection shall authorize placement of a childin an adult jail or lockup.
(i) Time limits, computation. Except as otherwise specificallyprovided by subsection (f),Saturdays, Sundays and legal holidays shall not be counted in computing anytime limit imposed bythis section.
History: L. 2006, ch. 200, § 55;L. 2008, ch. 169, § 15; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2260.Placement; order directing child to remainin present or future placement, application for determination that child hasviolated order; procedure; authorized dispositions; limitations on facilitiesused for placement; computation of time limitations.(a) Valid court order. During proceedings underthis code, the court mayenter an order directing a childwho is the subject of the proceedings to remain in a present or futureplacement if:
(1) The child and the child's guardian ad litem are present incourt when theorder is entered;
(2) the court finds that the child has been adjudicated a child in need ofcare pursuant tosubsections (d)(6), (d)(7), (d)(8), (d)(9), (d)(10) or (d)(12) of K.S.A. 2009Supp. 38-2202, and amendments thereto,and that the child is not likely to be available within the jurisdictionof the court for futureproceedings;
(3) the child and the guardian ad litem receive oral and writtennotice of the consequencesof violation of the order; and
(4) a copy of the written notice is filed in the official case file.
(b) Application. Any person may file a verified application fordetermination that a childhas violated an order entered pursuant to subsection (a) and for an orderauthorizing holding thechild in a secure facility or juvenile detention facility. The applicationshall state the applicant's beliefthat the child has violated the order entered pursuant to subsection (a)without good cause and thespecific facts supporting the allegation.
(c) Ex parte order. After reviewing the application filed pursuantto subsection (b), the courtmay enter an ex parte order directing that the child be taken intocustody and held in a secure facility or juvenile detention facility designatedby the court, if thecourt finds probablecause that the child violated the court's order to remainin placement without good cause. Pursuant toK.S.A. 2009 Supp.38-2237, and amendments thereto, the order shall be servedon the child'sparents, the child'slegal custodian and the child's guardian ad litem.
(d) Preliminary hearing. Within 24 hours following a child'sbeing taken into custodypursuant to an order issued under subsection (c), the court shall hold apreliminary hearing todetermine whether the child admits or denies the allegations of the applicationand, if the childdenies the allegations, to determine whether probable cause exists to supportthe allegations.
(1) Notice of the time and place of the preliminary hearing shall be givenorally or in writing to thechild's parents, the child's legal custodian and the child's guardianad litem.
(2) At the hearing,the child shall have the right to a guardian ad litem and shall beserved with a copy of theapplication.
(3) If the child admits the allegations or enters a no conteststatement and if the courtfinds that the admission or no contest statement is knowledgeable andvoluntary, the court shallproceed without delay to the placement hearing pursuant to subsection (f).
(4) If the child deniesthe allegations, the court shall determine whether probable cause exists tohold the child in a securefacility or juvenile detention facility pending an evidentiary hearing pursuantto subsection (e). Afterhearing the evidence, if thecourt finds that: (A) There is probable cause to believe that the child hasviolated an order enteredpursuant to subsection (a) without good cause; and (B) placement in a securefacility or juvenile detention facility is necessary for the protectionof the child or to assure the presence of the child at the evidentiary hearingpursuant to subsection(e), the court may order the child held in a secure facility or juveniledetention facility pending the evidentiary hearing.
(e) Evidentiary hearing. The court shall hold an evidentiaryhearing on an applicationwithin 72 hours of the child's being taken into custody. Notice of the timeand place of the hearingshall be given orally or in writing to the child's parents, the child's legalcustodian and thechild's guardian ad litem. At the evidentiary hearing, the courtshall determine by a clear and convincingevidencewhether the child has:
(1) Violated a court order entered pursuant to subsection (a)without good cause;
(2) been provided at the hearing with the rights enumerated insubsection (d)(2);and
(3) been informed of:
(A) The nature and consequences of the proceeding;
(B) the right toconfront and cross-examine witnesses and present evidence;
(C) the right tohave a transcript orrecording of the proceedings; and
(D) the right to appeal.
(f) Placement. (1) If the child admits violating theorder entered pursuant to subsection (a) orif, after anevidentiary hearing, the court finds that the child has violated such an order,the court shallimmediately proceed to a placement hearing. The court may enter an orderawarding custody of thechild to:
(A) A parent or other legal custodian;
(B) a person other than aparent or other person havingcustody, who shall not be required to be licensed under article 5 of chapter 65of the Kansas StatutesAnnotated, and amendments thereto;
(C) a youth residential facility; or
(D) thesecretary, if thesecretary does not already have legal custody of the child.
(2) The court mayauthorize the custodianto place the child in a secure facility or juvenile detention facility, if thecourt determines that all otherplacement optionshave been exhausted or are inappropriate, based upon awritten reportsubmitted by the secretary, if the child is in the secretary's custody, orsubmitted by a public agencyindependent of the court and law enforcement, if the child is in the custody ofsomeone other thanthe secretary. The report shall detail the behavior of the child and thecircumstances under which thechild was brought before the court and made subject to theorder entered pursuant to subsection (a).
(3) The authorization to place the child in a secure facility or juveniledetention facility pursuantto this subsection shall expire 60 days, inclusive of weekend and legalholidays, after its issue. The court may grantextensions of such authorization for two additional periods, each not to exceed60 days, uponrehearing pursuant toK.S.A. 2009 Supp.38-2256, and amendments thereto.
(g) Payment. The secretary shall only pay for placement andservices for achild placed ina secure facility or juvenile detention facility pursuant to subsection (f)upon receipt of a valid courtorder authorizing secure careplacement.
(h) Limitations on facilities used. Nothing in thissection shall authorize placement of a childin an adult jail or lockup.
(i) Time limits, computation. Except as otherwise specificallyprovided by subsection (f),Saturdays, Sundays and legal holidays shall not be counted in computing anytime limit imposed bythis section.
History: L. 2006, ch. 200, § 55;L. 2008, ch. 169, § 15; July 1.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2260.Placement; order directing child to remainin present or future placement, application for determination that child hasviolated order; procedure; authorized dispositions; limitations on facilitiesused for placement; computation of time limitations.(a) Valid court order. During proceedings underthis code, the court mayenter an order directing a childwho is the subject of the proceedings to remain in a present or futureplacement if:
(1) The child and the child's guardian ad litem are present incourt when theorder is entered;
(2) the court finds that the child has been adjudicated a child in need ofcare pursuant tosubsections (d)(6), (d)(7), (d)(8), (d)(9), (d)(10) or (d)(12) of K.S.A. 2009Supp. 38-2202, and amendments thereto,and that the child is not likely to be available within the jurisdictionof the court for futureproceedings;
(3) the child and the guardian ad litem receive oral and writtennotice of the consequencesof violation of the order; and
(4) a copy of the written notice is filed in the official case file.
(b) Application. Any person may file a verified application fordetermination that a childhas violated an order entered pursuant to subsection (a) and for an orderauthorizing holding thechild in a secure facility or juvenile detention facility. The applicationshall state the applicant's beliefthat the child has violated the order entered pursuant to subsection (a)without good cause and thespecific facts supporting the allegation.
(c) Ex parte order. After reviewing the application filed pursuantto subsection (b), the courtmay enter an ex parte order directing that the child be taken intocustody and held in a secure facility or juvenile detention facility designatedby the court, if thecourt finds probablecause that the child violated the court's order to remainin placement without good cause. Pursuant toK.S.A. 2009 Supp.38-2237, and amendments thereto, the order shall be servedon the child'sparents, the child'slegal custodian and the child's guardian ad litem.
(d) Preliminary hearing. Within 24 hours following a child'sbeing taken into custodypursuant to an order issued under subsection (c), the court shall hold apreliminary hearing todetermine whether the child admits or denies the allegations of the applicationand, if the childdenies the allegations, to determine whether probable cause exists to supportthe allegations.
(1) Notice of the time and place of the preliminary hearing shall be givenorally or in writing to thechild's parents, the child's legal custodian and the child's guardianad litem.
(2) At the hearing,the child shall have the right to a guardian ad litem and shall beserved with a copy of theapplication.
(3) If the child admits the allegations or enters a no conteststatement and if the courtfinds that the admission or no contest statement is knowledgeable andvoluntary, the court shallproceed without delay to the placement hearing pursuant to subsection (f).
(4) If the child deniesthe allegations, the court shall determine whether probable cause exists tohold the child in a securefacility or juvenile detention facility pending an evidentiary hearing pursuantto subsection (e). Afterhearing the evidence, if thecourt finds that: (A) There is probable cause to believe that the child hasviolated an order enteredpursuant to subsection (a) without good cause; and (B) placement in a securefacility or juvenile detention facility is necessary for the protectionof the child or to assure the presence of the child at the evidentiary hearingpursuant to subsection(e), the court may order the child held in a secure facility or juveniledetention facility pending the evidentiary hearing.
(e) Evidentiary hearing. The court shall hold an evidentiaryhearing on an applicationwithin 72 hours of the child's being taken into custody. Notice of the timeand place of the hearingshall be given orally or in writing to the child's parents, the child's legalcustodian and thechild's guardian ad litem. At the evidentiary hearing, the courtshall determine by a clear and convincingevidencewhether the child has:
(1) Violated a court order entered pursuant to subsection (a)without good cause;
(2) been provided at the hearing with the rights enumerated insubsection (d)(2);and
(3) been informed of:
(A) The nature and consequences of the proceeding;
(B) the right toconfront and cross-examine witnesses and present evidence;
(C) the right tohave a transcript orrecording of the proceedings; and
(D) the right to appeal.
(f) Placement. (1) If the child admits violating theorder entered pursuant to subsection (a) orif, after anevidentiary hearing, the court finds that the child has violated such an order,the court shallimmediately proceed to a placement hearing. The court may enter an orderawarding custody of thechild to:
(A) A parent or other legal custodian;
(B) a person other than aparent or other person havingcustody, who shall not be required to be licensed under article 5 of chapter 65of the Kansas StatutesAnnotated, and amendments thereto;
(C) a youth residential facility; or
(D) thesecretary, if thesecretary does not already have legal custody of the child.
(2) The court mayauthorize the custodianto place the child in a secure facility or juvenile detention facility, if thecourt determines that all otherplacement optionshave been exhausted or are inappropriate, based upon awritten reportsubmitted by the secretary, if the child is in the secretary's custody, orsubmitted by a public agencyindependent of the court and law enforcement, if the child is in the custody ofsomeone other thanthe secretary. The report shall detail the behavior of the child and thecircumstances under which thechild was brought before the court and made subject to theorder entered pursuant to subsection (a).
(3) The authorization to place the child in a secure facility or juveniledetention facility pursuantto this subsection shall expire 60 days, inclusive of weekend and legalholidays, after its issue. The court may grantextensions of such authorization for two additional periods, each not to exceed60 days, uponrehearing pursuant toK.S.A. 2009 Supp.38-2256, and amendments thereto.
(g) Payment. The secretary shall only pay for placement andservices for achild placed ina secure facility or juvenile detention facility pursuant to subsection (f)upon receipt of a valid courtorder authorizing secure careplacement.
(h) Limitations on facilities used. Nothing in thissection shall authorize placement of a childin an adult jail or lockup.
(i) Time limits, computation. Except as otherwise specificallyprovided by subsection (f),Saturdays, Sundays and legal holidays shall not be counted in computing anytime limit imposed bythis section.
History: L. 2006, ch. 200, § 55;L. 2008, ch. 169, § 15; July 1.
