US Laws, Codes, Statutes & Cases

      38-1527.   Child under 18, when law enforcement officers or court services officers may take into custody. (a) A law enforcement officer or court services officer may take a child under 18 years of age into custody when:

      (1)   The law enforcement officer or court services officer has a court order commanding that the child be taken into custody as a child in need of care; or

      (2)   the law enforcement officer or court services officer has probable cause to believe that a court order commanding that the child be taken into custody as a child in need of care has been issued in this state or in another jurisdiction.

      (b)   A law enforcement officer may take a child under 18 years of age into custody when the officer has probable cause to believe that the child is a child in need of care and that there are reasonable grounds to believe that the circumstances or condition of the child is such that continuing in the place or residence in which the child has been found or in the care and custody of the person who has care or custody of the child would be harmful to the child.

      (c)   A law enforcement officer shall take a child under 18 years of age into custody when the officer has probable cause to believe that the child is a missing person from another state and a verified missing person entry for such child can be found in the national crime information center missing person system.

      (d)   A law enforcement officer may temporarily detain and assume temporary custody of any child subject to compulsory school attendance, pursuant to K.S.A. 72-1111, and amendments thereto, during the hours school is actually in session who is found away from home or school without a valid excuse.

      History:   L. 1982, ch. 182, § 24; L. 1984, ch. 156, § 1; L. 1984, ch. 157, § 7; L. 1986, ch. 161, § 1; L. 1988, ch. 138, § 5; L. 1995, ch. 29, § 1; July 1.