Chapter 38 — MINORS

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…

38-2305a. History: L. 2006, ch. 169, § 5; L. 2010, ch. 135, § 49; Repealed, L. 2011, ch. 48, § 19; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived S…

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…

38-2310a. History: L. 2006, ch. 169, § 10; L. 2011, ch. 30, § 161; L. 2014, ch. 115, § 68; L. 2015, ch. 100, § 8; Repealed, L. 2016, ch. 102, § 23; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR …

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…

38-2312a. History: L. 2006, ch. 169, § 12; L. 2010, ch. 62, § 11; L. 2011, ch. 30, § 162; L. 2011, ch. 100, § 13; Repealed, L. 2012, ch. 66, § 21; April 12. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR…

38-2312b. History: L. 2006, ch. 169, § 12; L. 2010, ch. 62, § 11; L. 2011, ch. 95, § 12; Repealed, L. 2012, ch. 66, § 21; April 12. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Ses…

38-2312c. History: L. 2006, ch. 169, § 12; L. 2010, ch. 62, § 11; L. 2011, ch. 87, § 11; L. 2012, ch. 66, § 13; L. 2013, ch. 125, § 13; Repealed, L. 2014, ch. 82, § 44; Repealed, L. 2016, ch. 78, § 10; July 1. Revisor's Note: Section was also repealed by L. 2014, ch. 82, § 44, bu…

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 …

38-2320. Journal entry for child support. When child support is ordered pursuant to the revised Kansas juvenile justice 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…

38-2321. Withholding order for child support; filing; service. (a) A party entitled to receive child support under an order issued pursuant to the revised Kansas juvenile justice code may file with the clerk of the district court in the county in which the judgment was rendered t…

38-2322. 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. 169, § 22; January 1, 2007. Source or Prior Law: 38-16,120. Previous | Next LEGIS…

38-2323. Placement under juvenile justice code; assignment of support right. (a) In any case in which the commissioner pays for the expenses of care and custody of a juvenile pursuant to the code, an assignment of all past, present and future support rights of the juvenile in cus…

38-2324. Liability of parent or guardian for assistance provided juvenile, exceptions. (a) Except as provided in subsection (b), a juvenile's parent shall be liable to repay to the commissioner of juvenile justice, or any other person or entity who provides services pursuant to a…

38-2325. Juvenile offender information system; definitions. As used in K.S.A. 38-2326, and amendments thereto, unless the context otherwise requires: (a) "Central repository" has the meaning provided by K.S.A. 22-4701, and amendments thereto. (b) "Director" means the director of …

38-2326. Same; establishment and maintenance. (a) In order to properly advise the three branches of government on the operation of the juvenile justice system, there is hereby established within and as a part of the central repository, a juvenile offender information system. The …

38-2327. Commencement of proceedings; duties of county or district attorney. An action under this code shall be commenced by filing a verified complaint with the court and the issuance of process on the complaint. It shall be the duty of each county or district attorney to prepar…

38-2328. Pleadings. (a) Complaint. (1) The complaint shall be in writing and shall state: (A) The name, date of birth and residence address of the alleged juvenile offender, if known; (B) the name and residence address of the alleged juvenile offender's parent, if known, and, if …

38-2329. Notice of defense of alibi or mental disease or defect. A juvenile whose defense to the allegations in the complaint is that of alibi or mental disease or defect shall give written notice to the county or district attorney and the court of such juvenile's proposed defens…

38-2330. Juvenile taken into custody, when; procedure; release; detention in jail; notice to appear. (a) A law enforcement officer may take a juvenile into custody when: (1) Any offense has been or is being committed in the officer's view; (2) the officer has a warrant commanding…

38-2331. Criteria for detention of juvenile in detention facility. (a) The court shall not enter an order removing a juvenile from the custody of a parent pursuant to this section unless the court first finds that a detention risk assessment conducted pursuant to K.S.A. 75-7023(d…

38-2332. Prohibiting placement or detention of juvenile in jail; exceptions; review of records and determination of compliance by the department of corrections. (a) No juvenile shall be detained or placed in any jail pursuant to the revised Kansas juvenile justice code except as …

38-2333. Juvenile less than 14, admission or confession from interrogation. (a) When the juvenile is less than 14 years of age, no admission or confession resulting from interrogation while in custody or under arrest may be admitted into evidence unless the confession or admissio…

38-2334. History: L. 2006, ch. 169, § 34; Repealed, L. 2016, ch. 46, § 70; July 1, 2017. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Docu…

38-2335. History: L. 2006, ch. 169, § 35; L. 2014, ch. 115, § 71; Repealed, L. 2016, ch. 46, § 70; July 1, 2017. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Arch…