Chapter 38, MINORS

38-2267. Procedure upon receipt of request. (a) Upon receiving a petition or motion requesting termination of parental rights or appointment of permanent custodian, the court shall set the time and place for the hearing, which shall be held within 90 days. A continuance shall be …

38-2268. Voluntary relinquishment; consent to permanent custodian or SOUL family legal permanency custodian; consent to adoption. (a) Prior to a hearing to consider the termination of parental rights, if the child's permanency plan is either adoption or appointment of a permanent…

38-2269. Factors to be considered in termination of parental rights; appointment of permanent custodian. (a) When the child has been adjudicated to be a child in need of care, the court may terminate parental rights or appoint a permanent custodian when the court finds by clear a…

38-2270. Custody for adoption. (a) When parental rights have been terminated and it appears that adoption is a viable alternative, the court shall enter one of the following orders: (1) An order granting custody of the child, for adoption proceedings, to the secretary or a corpor…

38-2271. Presumption of unfitness, when; burden of proof. (a) It is presumed in the manner provided in K.S.A. 60-414, and amendments thereto, that a parent is unfit by reason of conduct or condition which renders the parent unable to fully care for a child, if the state establish…

38-2272. Appointment of permanent custodian. (a) A permanent custodian may be appointed: (1) With the consent and agreement of the parents and approval by the court; (2) after a finding of unfitness pursuant to K.S.A. 38-2269, and amendments thereto; or (3) after termination of p…

38-2272a. Establishment of SOUL family legal permanency. (a) SOUL family legal permanency may be appointed with: (1) Agreement and approval of a child 16 years of age or older; (2) agreement and consent of the child's parent unless there has been a finding of unfitness or termina…

38-2273. Appeals; procedure; verification; continuing jurisdiction. (a) An appeal may be taken by any party or interested party from any order of temporary custody, adjudication, disposition, finding of unfitness or termination of parental rights. (b) An appeal from an order ente…

38-2274. Temporary orders pending appeal; status of orders appealed from. (a) Pending the determination of the appeal, any order appealed from shall continue in force unless modified by temporary orders as provided in subsection (b). (b) The court on appeal, pending a hearing, ma…

38-2275. Fees and expenses. (a) When an appeal is taken pursuant to this code, fees if the guardian ad litem or of an attorney appointed to represent a parent shall be fixed by the district court. The fees, together with the costs of transcripts and records on appeal, shall be ta…

38-2276. Prohibiting detainment or placement of child in jail. No child under 18 years of age shall be detained or placed in any jail pursuant to the code. History: L. 2006, ch. 200, § 71; January 1, 2007. Source or Prior Law: 38-1594.

38-2277. Determination of child support. (a) In determining the amount of a child support order under the code, the court shall apply the Kansas child support guidelines adopted pursuant to K.S.A. 20-165, and amendments thereto. (b) If the appropriate amount of support under the …

38-2278. Journal entry for child support. When child support is ordered pursuant to the code, a separate journal entry or judgment form shall be made for each parent ordered to pay child support. The journal entry or judgment form shall be entitled: "In the matter of (obligee's n…

38-2279. Withholding order for child support; filing; service; jurisdiction; consolidation with child in need of care case; modification. (a) A person entitled to receive child support under an order issued pursuant to the code may file with the clerk of the district court in the…

38-2280. Remedies supplemental not substitute. The remedies provided in this code with respect to child support are in addition to and not in substitution for any other remedy. History: L. 2006, ch. 200, § 75; January 1, 2007. Source or Prior Law: 38-1598.

38-2281. Family services and community intervention fund; child in need of care, purpose of expenditure of moneys. There is hereby established in the state treasury the family services and community intervention fund which shall be administered by the secretary. The secretary may…

38-2282. Newborn infant protection act; surrender to a person or newborn safety device; immunity from liability; notice of relinquishment; required infant information and information to be given to relinquishing parent. (a) This section shall be known and may be cited as the newb…

38-2283. Application to existing cases. (a) In addition to all actions concerning a child in need of care commenced on or after January 1, 2007, this code also applies to proceedings commenced before January 1, 2007, unless the court finds that application of a particular provisi…

38-2284. Precedence of certain orders issued under revised Kansas code for care of children and revised Kansas juvenile justice code. Any order issued pursuant to the revised Kansas code for care of children or the revised Kansas juvenile justice code, shall take precedence over …

38-2285. Awarding high school diplomas; requirements. (a) The board of education of a school district shall award a high school diploma to any person requesting a diploma if such person: (1) Is at least 17 years of age; (2) is enrolled or resides in such school district; (3) is o…

38-2286. Child removed from custody of parent, substantial consideration of grandparent. (a) Notwithstanding the provisions of other statutes, when a child is removed from the custody of a parent and not placed with the child's other parent, a grandparent who requests custody sha…

38-2287. Child in custody, victim of certain conduct; special assessment to determine safety, placement and treatment needs. (a) Whenever a child is in custody, as defined in K.S.A. 38-2202, and amendments thereto, and there is reason to believe such child has been subjected to a…

38-2288. CINC placement in a juvenile detention facility. (a) Notwithstanding any other provision of law, no child alleged or found to be a child in need of care may be placed in a juvenile detention facility, unless the child is also alleged to be a juvenile offender and such pl…

38-2289. Child in custody, victim of certain conduct; reporting of information. (a) Immediately after receiving information that a child has been identified as a victim of human trafficking, aggravated human trafficking or commercial sexual exploitation of a child, and in no case…

38-2290. Child with sexual behavior problems; referral to mental health provider; additional services. (a) (1) In addition to any services required under K.S.A. 38-2201 et seq., and amendments thereto, after the department for children and families receives a report of child abus…

38-2291. Qualified residential treatment program placement; required notices; court determinations. (a) Whenever a child is placed in a qualified residential treatment program, the secretary shall notify the court in writing within seven days of placement. The clerk of the distri…

38-2292. Risk and needs assessment for children exhibiting juvenile offender behavior. (a) On or before October 1, 2023, the secretary for children and families shall identify an evidence-based risk and needs assessment to administer to children who have been identified as exhibi…

38-2293. Prohibiting the secretary from adopting policies requiring certain religious or moral beliefs; retention of authority of secretary in certain circumstances; recovery of damages by persons aggrieved by violation of this act. (a) The secretary for children and families sha…

38-23,100. Community integration programs for juveniles. The department of corrections shall develop for use by the courts pursuant to K.S.A. 38-2367(d), and amendments thereto, community integration programs for juveniles who are ready to transition to independent living. Commun…

38-23,101. Findings to be made on juvenile's first removal from home. (a) When a juvenile is removed from the home for the first time pursuant to the revised Kansas juvenile justice code, the judge shall consider and make, if appropriate, the following findings: (1) (A) The juven…

38-23,102. Risk and needs assessment and access to services for juveniles in detention. (a) The secretary of corrections shall ensure that, when a juvenile is placed in detention, the juvenile shall: (1) Receive a standardized risk and needs assessment within 72 hours or, if a st…

38-2301. Citation; goals of the code; policy development. This act shall be known and may be cited as the revised Kansas juvenile justice code. The primary goals of the juvenile justice code are to promote public safety, hold juvenile offenders accountable for their behavior and …

38-2302. Definitions. As used in this code, unless the context otherwise requires: (a) "Commissioner" means the secretary of corrections or the secretary's designee. (b) "Community supervision officer" means any officer from court services, community corrections or any other indi…

38-2303. Time limitations for commencement of proceeding. (a) Proceedings under this code involving acts committed by a juvenile which, if committed by an adult, would constitute a violation of any of the following statutes may be commenced at any time: (1) Rape as defined in K.S…

38-2304. Jurisdiction; presumption of age of juvenile; continued placement as a child in need of care; eligibility for services, collaboration; precedence of certain orders. (a) Except as provided in K.S.A. 38-2347, and amendments thereto, proceedings concerning a juvenile shall …

38-2305. Venue. (a) Venue for proceedings in any case involving a juvenile shall be in any county where any act of the alleged offense was committed. (b) Except as provided in subsection (c), venue for sentencing proceedings shall be in the county of the juvenile offender's resid…

38-2306. Right to an attorney. (a) Appointment of attorney to represent juvenile. A juvenile is entitled to have the assistance of an attorney at every stage of the proceedings. If a juvenile appears before any court without an attorney, the court shall inform the juvenile and th…

38-2307. Court-appointed special advocate; immunity from liability; supreme court rules. (a) In addition to the attorney appointed pursuant to K.S.A. 38-2306, and amendments thereto, the court at any stage of a proceeding pursuant to this code may appoint a volunteer court-appoin…

38-2308. Local citizen review board; duties and powers. (a) The local citizen review board created pursuant to K.S.A. 38-2207, and amendments thereto, shall have the duty, authority and power to: (1) Review each case of a child who is a juvenile offender referred by the judge, re…

38-2309. Court records; disclosure; preservation of records. (a) Official file. The official file of proceedings pursuant to this code shall consist of the complaint, process, service of process, orders, writs and journal entries reflecting hearings held, judgments and decrees en…

38-2310. Records of law enforcement officers, agencies and municipal courts concerning certain juveniles; disclosure. (a) All records of law enforcement officers and agencies and municipal courts concerning an offense committed or alleged to have been committed by a juvenile unde…

38-2311. Records of diagnostic, treatment or medical records concerning juveniles; penalties. (a) When the court has exercised jurisdiction over any juvenile the diagnostic, treatment or medical records shall be privileged and shall not be disclosed except: (1) Upon the written c…

38-2312. Expungement of records; docket fee. (a) Except as provided in subsections (b) and (c), any records or files specified in this code concerning a juvenile may be expunged upon application to a judge of the court of the county in which the records or files are maintained. T…

38-2313. Fingerprints and photographs. (a) Fingerprints or photographs shall not be taken of any juvenile who is taken into custody for any purpose, except that: (1) Fingerprints or photographs of a juvenile may be taken if authorized by a judge of the district court having juris…

38-2314. Docket fee; authorized only by legislative enactment; expenses; assessment. (a) Docket fee. The docket fee for proceedings under this code, if one is assessed as provided by this section, shall be $34. Only one docket fee shall be assessed in each case. Except as provide…

38-2315. Expense of care and custody of juvenile. (a) How paid. (1) If a juvenile, subject to this code, is not eligible for assistance under K.S.A. 39-709, and amendments thereto, expenses for the care and custody of the juvenile shall be paid out of the general fund of the coun…

38-2316. Health services. (a) Physical care and treatment. (1) When the health or condition of a juvenile who is subject to the jurisdiction of the court requires it, the court may consent to hospital, medical, surgical or dental treatment or procedures including the release and …

38-2317. Infectious disease testing and counseling; disclosure of results; penalties. (a) As used in this section: (1) "Adjudicated person" means a person found to be a juvenile offender or a person found not to be a juvenile offender because of mental disease or defect. (2) "Lab…

38-2318. Determination of parentage. When there is a dispute with respect to parentage, the court may stay child support proceedings, if any are pending in the case, until the dispute is resolved by a separate action under the Kansas parentage act, K.S.A. 23-2201 et seq., and ame…

38-2319. Determination of child support. (a) The court shall order child support unless good cause is shown why such support should not be ordered. In determining the amount of a child support order under the revised Kansas juvenile justice code, the court shall apply the Kansas …