US Laws, Codes, Statutes & Cases

      38-1528.   Child under 18 taken into custody; duties of officers; referral of cases for proceedings under this code and interstate compact on juveniles; custody of shelter facility or other person; application of law enforcement officer; release of child. (a) To the extent possible, when any law enforcement officer takes into custody a child under the age of 18 years, without a court order, the child shall forthwith be delivered to the custody of the child's parent or other custodian unless there are reasonable grounds to believe that such action would not be in the best interests of the child. Except as provided in subsection (b), if the child is not delivered to the custody of the child's parent or other custodian, the child shall forthwith be delivered to a facility or person designated by the secretary or to a court designated shelter facility, court services officer, juvenile intake and assessment worker, licensed attendant care center or other person. If, after delivery of the child to a shelter facility, the person in charge of the shelter facility at that time and the law enforcement officer determine that the child will not remain in the shelter facility, the law enforcement officer shall deliver the child to a juvenile detention facility or other secure facility, designated by the court, where the child shall be detained for not more than 24 hours, excluding Saturdays, Sundays and legal holidays. It shall be the duty of the law enforcement officer to furnish to the county or district attorney, without unnecessary delay, all the information in the possession of the officer pertaining to the child, the child's parents or other persons interested in or likely to be interested in the child and all other facts and circumstances which caused the child to be taken into custody.

      (b)   When any law enforcement officer takes into custody any child as provided in subsection (c) of K.S.A. 38-1527 and amendments thereto, proceedings shall be initiated in accordance with the provisions of the interstate compact on juveniles, K.S.A. 38-1001 et seq. and amendments thereto. Any child taken into custody pursuant to the interstate compact on juveniles may be detained in a juvenile detention facility or other secure facility.

      (c)   Whenever a child under the age of 18 years is taken into custody by a law enforcement officer without a court order and is thereafter placed in the custody of a shelter facility, court services officer, juvenile intake and assessment worker, licensed attendant care center or other person as authorized by this code, the facility or person shall have physical custody and provide care and supervision for the child upon written application of the law enforcement officer. The application shall state:

      (1)   The name and address of the child, if known;

      (2)   the names and addresses of the child's parents or nearest relatives and persons with whom the child has been residing, if known; and

      (3)   the officer's belief 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, unless the child is placed in the immediate custody of the shelter facility or other person, it would be harmful to the child.

      (d)   A copy of the application shall be furnished by the facility or person receiving the child to the county or district attorney without unnecessary delay.

      (e)   The shelter facility or other person designated by the court who has custody of the child pursuant to this section shall discharge the child not later than 72 hours following admission, excluding Saturdays, Sundays and legal holidays, unless a court has entered an order pertaining to temporary custody or release.

      (f)   In absence of a court order to the contrary, the county or district attorney or the placing law enforcement agency shall have the authority to direct at any time the release of the child.

      (g)   When any law enforcement officer takes into custody any child as provided in subsection (d) of K.S.A. 38-1527, and amendments thereto, the child shall forthwith be delivered to the school in which the child is enrolled, any location designated by the school in which the child is enrolled to address truancy issues or the child's parent or other custodian.

      History:   L. 1982, ch. 182, § 25; L. 1983, ch. 140, § 23; L. 1984, ch. 156, § 2; L. 1984, ch. 157, § 8; L. 1986, ch. 161, § 2; L. 1988, ch. 138, § 6; L. 1995, ch. 29, § 2; L. 1996, ch. 229, § 37; L. 1999, ch. 156, § 5; May 27.