38-2360.Post adjudication orders andhearings.(a) At any time after the juvenile has been adjudicated tobea juvenileoffender, the court shall order one or more of the tools described in thissubsection to be submitted toassist the court unless the court finds that adequate and current informationis available from aprevious investigation, report or other sources:
(1) An evaluation and written report by a mental health or a qualifiedprofessional statingthe psychological or emotional development or needs of the juvenile. The courtalso may order areport from any mental health or qualified professional who has previouslyevaluated the juvenilestating the psychological or emotional development needs of the juvenile. Ifthe court orders anevaluation as provided in this section, a parent of the juvenile shall have theright to obtain anindependent evaluation at the expense of the parent.
(2) A report of the medical condition and needs of the juvenile. The courtalso may order areport from any physician who has been attending the juvenile, stating thediagnosis, condition andtreatment afforded the juvenile.
(3) An educational needs assessment of the juvenile from the chiefadministrative officer ofthe school which the juvenile attends or attended to provide to the courtinformation that is readilyavailable which the school officials feel would properly indicate theeducational needs of thejuvenile. The educational needs assessment may include a meeting involving anyof the following:(A) The juvenile's parents; (B) the juvenile's teacher or teachers; (C) theschool psychologist; (D)a school special services representative; (E) a representative of thecommissioner; (F) the juvenile'scourt appointed special advocate; (G) the juvenile's foster parents or legalguardian; and (H) otherpersons that the chief administrative officer of the school, or the officer'sdesignee, deemsappropriate.
(4) Any other presentence investigation and report from a court servicesofficer whichincludes: (A) The circumstances of the offense; (B) the attitude of thecomplainant,victim or the victim'sfamily; (C) the record of juvenile offenses; (D) the social history of thejuvenile; and (E) the presentcondition of thejuvenile. Except where specifically prohibited by law, all local governmentalpublic and privateeducational institutions and state agencies shall furnish to the officerconducting the predispositionalinvestigation the records the officer requests. Predispositional investigationsshall contain otherinformation prescribed by the court.
(5) The court in its discretion may direct that the parents submit a domesticrelationsaffidavit.
(b) Expenses for post adjudication tools may be waived or assessed pursuantto subsection(c)(2) ofK.S.A. 2009 Supp.38-2314, and amendments thereto.
(c) The court shall make any of the reports ordered pursuant to subsection(a) available tothe attorneys and shall allow the attorneys a reasonable time to review thereportbefore ordering thesentencing of the juvenile offender.
(d) At any time prior to sentencing, the judge, at the request of a party,shall hear additionalevidence as to proposals for reasonable and appropriate sentencing of the case.
38-2360.Post adjudication orders andhearings.(a) At any time after the juvenile has been adjudicated tobea juvenileoffender, the court shall order one or more of the tools described in thissubsection to be submitted toassist the court unless the court finds that adequate and current informationis available from aprevious investigation, report or other sources:
(1) An evaluation and written report by a mental health or a qualifiedprofessional statingthe psychological or emotional development or needs of the juvenile. The courtalso may order areport from any mental health or qualified professional who has previouslyevaluated the juvenilestating the psychological or emotional development needs of the juvenile. Ifthe court orders anevaluation as provided in this section, a parent of the juvenile shall have theright to obtain anindependent evaluation at the expense of the parent.
(2) A report of the medical condition and needs of the juvenile. The courtalso may order areport from any physician who has been attending the juvenile, stating thediagnosis, condition andtreatment afforded the juvenile.
(3) An educational needs assessment of the juvenile from the chiefadministrative officer ofthe school which the juvenile attends or attended to provide to the courtinformation that is readilyavailable which the school officials feel would properly indicate theeducational needs of thejuvenile. The educational needs assessment may include a meeting involving anyof the following:(A) The juvenile's parents; (B) the juvenile's teacher or teachers; (C) theschool psychologist; (D)a school special services representative; (E) a representative of thecommissioner; (F) the juvenile'scourt appointed special advocate; (G) the juvenile's foster parents or legalguardian; and (H) otherpersons that the chief administrative officer of the school, or the officer'sdesignee, deemsappropriate.
(4) Any other presentence investigation and report from a court servicesofficer whichincludes: (A) The circumstances of the offense; (B) the attitude of thecomplainant,victim or the victim'sfamily; (C) the record of juvenile offenses; (D) the social history of thejuvenile; and (E) the presentcondition of thejuvenile. Except where specifically prohibited by law, all local governmentalpublic and privateeducational institutions and state agencies shall furnish to the officerconducting the predispositionalinvestigation the records the officer requests. Predispositional investigationsshall contain otherinformation prescribed by the court.
(5) The court in its discretion may direct that the parents submit a domesticrelationsaffidavit.
(b) Expenses for post adjudication tools may be waived or assessed pursuantto subsection(c)(2) ofK.S.A. 2009 Supp.38-2314, and amendments thereto.
(c) The court shall make any of the reports ordered pursuant to subsection(a) available tothe attorneys and shall allow the attorneys a reasonable time to review thereportbefore ordering thesentencing of the juvenile offender.
(d) At any time prior to sentencing, the judge, at the request of a party,shall hear additionalevidence as to proposals for reasonable and appropriate sentencing of the case.
38-2360.Post adjudication orders andhearings.(a) At any time after the juvenile has been adjudicated tobea juvenileoffender, the court shall order one or more of the tools described in thissubsection to be submitted toassist the court unless the court finds that adequate and current informationis available from aprevious investigation, report or other sources:
(1) An evaluation and written report by a mental health or a qualifiedprofessional statingthe psychological or emotional development or needs of the juvenile. The courtalso may order areport from any mental health or qualified professional who has previouslyevaluated the juvenilestating the psychological or emotional development needs of the juvenile. Ifthe court orders anevaluation as provided in this section, a parent of the juvenile shall have theright to obtain anindependent evaluation at the expense of the parent.
(2) A report of the medical condition and needs of the juvenile. The courtalso may order areport from any physician who has been attending the juvenile, stating thediagnosis, condition andtreatment afforded the juvenile.
(3) An educational needs assessment of the juvenile from the chiefadministrative officer ofthe school which the juvenile attends or attended to provide to the courtinformation that is readilyavailable which the school officials feel would properly indicate theeducational needs of thejuvenile. The educational needs assessment may include a meeting involving anyof the following:(A) The juvenile's parents; (B) the juvenile's teacher or teachers; (C) theschool psychologist; (D)a school special services representative; (E) a representative of thecommissioner; (F) the juvenile'scourt appointed special advocate; (G) the juvenile's foster parents or legalguardian; and (H) otherpersons that the chief administrative officer of the school, or the officer'sdesignee, deemsappropriate.
(4) Any other presentence investigation and report from a court servicesofficer whichincludes: (A) The circumstances of the offense; (B) the attitude of thecomplainant,victim or the victim'sfamily; (C) the record of juvenile offenses; (D) the social history of thejuvenile; and (E) the presentcondition of thejuvenile. Except where specifically prohibited by law, all local governmentalpublic and privateeducational institutions and state agencies shall furnish to the officerconducting the predispositionalinvestigation the records the officer requests. Predispositional investigationsshall contain otherinformation prescribed by the court.
(5) The court in its discretion may direct that the parents submit a domesticrelationsaffidavit.
(b) Expenses for post adjudication tools may be waived or assessed pursuantto subsection(c)(2) ofK.S.A. 2009 Supp.38-2314, and amendments thereto.
(c) The court shall make any of the reports ordered pursuant to subsection(a) available tothe attorneys and shall allow the attorneys a reasonable time to review thereportbefore ordering thesentencing of the juvenile offender.
(d) At any time prior to sentencing, the judge, at the request of a party,shall hear additionalevidence as to proposals for reasonable and appropriate sentencing of the case.
