38-2335.Same; custody of commissioner or SRS;reasonable efforts to maintain family unit; foster care.(a) The court shall not issue the first warrant or enteran order removing a juvenile from the custody of a parent pursuant to thissectionunless the court first finds probable cause that: (1)(A) The juvenile is likelyto sustain harm if not immediately removed from the home;
(B) allowing the juvenile to remain in home is contrary to the welfare of thejuvenile; or
(C) immediate placement of the juvenile is in the juvenile's best interest;and
(2) reasonable efforts have been made to maintain the family unit andprevent the unnecessary removal of the juvenile from the juvenile's home orthat anemergency exists which threatens the safety of the juvenile. The court shallenter its determination in the warrant or order.
(3) If the juvenile is in the custody of the commissioner, the commissionershall prepare a reportfor the court documenting such reasonable efforts.
(4) If the juvenile is in the custody of the secretary of social andrehabilitation services under theKansas code for the care of children, the secretary shall prepare a report forthe courtdocumenting such reasonable efforts.
(5) In all other cases, the person preparing the predisposition report shallinclude documentationof such reasonable efforts in the report.
(b) If the court determines that reasonable efforts to maintain the familyunit and preventunnecessary removal of a juvenile were not made, the court shall determinewhether suchreasonable efforts were unnecessary because:
(1) A court of competentjurisdiction hasdetermined that the parent has subjected the juvenile to aggravatedcircumstances;
(2) a court of competent jurisdiction has determined that the parent hasbeen convicted of amurder of another child of the parent; voluntary manslaughter of another childof the parent;aiding or abetting, attempting, conspiring or soliciting to commit such amurder or such avoluntary manslaughter; or a felony assault that results in serious bodilyinjury to the juvenile oranother child of the parent;
(3) the parental rights of the parent with respect to a sibling have beenterminated involuntarily; or
(4) an emergency exists requiring protection of the juvenile and effortsto maintain the familyunit and prevent unnecessary removal of the juvenile from the home were notpossible.
(c) Nothing in this section shall be construed to prohibit the court fromissuing a warrant orentering an order authorizing or requiring removal of the juvenile from thehomeif the juvenile presents a risk to public safety.
(d) When the juvenile has been in foster care and has been placed at home orallowed a trialhome visit for a period of six months or more and is again removed from thehome, the courtshall again make a determination pursuant to subsections (a) and (b).
38-2335.Same; custody of commissioner or SRS;reasonable efforts to maintain family unit; foster care.(a) The court shall not issue the first warrant or enteran order removing a juvenile from the custody of a parent pursuant to thissectionunless the court first finds probable cause that: (1)(A) The juvenile is likelyto sustain harm if not immediately removed from the home;
(B) allowing the juvenile to remain in home is contrary to the welfare of thejuvenile; or
(C) immediate placement of the juvenile is in the juvenile's best interest;and
(2) reasonable efforts have been made to maintain the family unit andprevent the unnecessary removal of the juvenile from the juvenile's home orthat anemergency exists which threatens the safety of the juvenile. The court shallenter its determination in the warrant or order.
(3) If the juvenile is in the custody of the commissioner, the commissionershall prepare a reportfor the court documenting such reasonable efforts.
(4) If the juvenile is in the custody of the secretary of social andrehabilitation services under theKansas code for the care of children, the secretary shall prepare a report forthe courtdocumenting such reasonable efforts.
(5) In all other cases, the person preparing the predisposition report shallinclude documentationof such reasonable efforts in the report.
(b) If the court determines that reasonable efforts to maintain the familyunit and preventunnecessary removal of a juvenile were not made, the court shall determinewhether suchreasonable efforts were unnecessary because:
(1) A court of competentjurisdiction hasdetermined that the parent has subjected the juvenile to aggravatedcircumstances;
(2) a court of competent jurisdiction has determined that the parent hasbeen convicted of amurder of another child of the parent; voluntary manslaughter of another childof the parent;aiding or abetting, attempting, conspiring or soliciting to commit such amurder or such avoluntary manslaughter; or a felony assault that results in serious bodilyinjury to the juvenile oranother child of the parent;
(3) the parental rights of the parent with respect to a sibling have beenterminated involuntarily; or
(4) an emergency exists requiring protection of the juvenile and effortsto maintain the familyunit and prevent unnecessary removal of the juvenile from the home were notpossible.
(c) Nothing in this section shall be construed to prohibit the court fromissuing a warrant orentering an order authorizing or requiring removal of the juvenile from thehomeif the juvenile presents a risk to public safety.
(d) When the juvenile has been in foster care and has been placed at home orallowed a trialhome visit for a period of six months or more and is again removed from thehome, the courtshall again make a determination pursuant to subsections (a) and (b).
38-2335.Same; custody of commissioner or SRS;reasonable efforts to maintain family unit; foster care.(a) The court shall not issue the first warrant or enteran order removing a juvenile from the custody of a parent pursuant to thissectionunless the court first finds probable cause that: (1)(A) The juvenile is likelyto sustain harm if not immediately removed from the home;
(B) allowing the juvenile to remain in home is contrary to the welfare of thejuvenile; or
(C) immediate placement of the juvenile is in the juvenile's best interest;and
(2) reasonable efforts have been made to maintain the family unit andprevent the unnecessary removal of the juvenile from the juvenile's home orthat anemergency exists which threatens the safety of the juvenile. The court shallenter its determination in the warrant or order.
(3) If the juvenile is in the custody of the commissioner, the commissionershall prepare a reportfor the court documenting such reasonable efforts.
(4) If the juvenile is in the custody of the secretary of social andrehabilitation services under theKansas code for the care of children, the secretary shall prepare a report forthe courtdocumenting such reasonable efforts.
(5) In all other cases, the person preparing the predisposition report shallinclude documentationof such reasonable efforts in the report.
(b) If the court determines that reasonable efforts to maintain the familyunit and preventunnecessary removal of a juvenile were not made, the court shall determinewhether suchreasonable efforts were unnecessary because:
(1) A court of competentjurisdiction hasdetermined that the parent has subjected the juvenile to aggravatedcircumstances;
(2) a court of competent jurisdiction has determined that the parent hasbeen convicted of amurder of another child of the parent; voluntary manslaughter of another childof the parent;aiding or abetting, attempting, conspiring or soliciting to commit such amurder or such avoluntary manslaughter; or a felony assault that results in serious bodilyinjury to the juvenile oranother child of the parent;
(3) the parental rights of the parent with respect to a sibling have beenterminated involuntarily; or
(4) an emergency exists requiring protection of the juvenile and effortsto maintain the familyunit and prevent unnecessary removal of the juvenile from the home were notpossible.
(c) Nothing in this section shall be construed to prohibit the court fromissuing a warrant orentering an order authorizing or requiring removal of the juvenile from thehomeif the juvenile presents a risk to public safety.
(d) When the juvenile has been in foster care and has been placed at home orallowed a trialhome visit for a period of six months or more and is again removed from thehome, the courtshall again make a determination pursuant to subsections (a) and (b).
