US Laws, Codes, Statutes & Cases

      38-1543.   Orders of temporary custody; notice; hearing; procedure; findings; placement; orders for removal of child from custody of parent, limitations. (a) Upon notice and hearing, the court may issue an order directing who shall have temporary custody and may modify the order during the pendency of the proceedings as will best serve the child's welfare.

      (b)   A hearing pursuant to this section shall be held within 72 hours, excluding Saturdays, Sundays and legal holidays, following a child having been taken into protective custody.

      (c)   Whenever it is determined that a temporary custody hearing is required, the court shall immediately set the time and place for the hearing. Notice of a temporary custody hearing shall be in substantially the following form:

(Caption of Case)

TO:
    (Names)         (Relationship)         (Addresses)
_________________   ________________   __________________________
_________________   ________________   __________________________
_________________   ________________   __________________________


     On _________, _________, (year), at ___ o'clock __m.
         (day)      (date)

the court will conduct a hearing at ___________________ to determine if the above named child or children should be in the temporary custody of some person or agency other than the parent or other person having legal custody prior to the hearing on the petition filed in the above captioned case. The court may order one or both parents to pay child support.

      ____________, an attorney, has been appointed as guardian ad litem for the child or children. Each parent or other legal custodian has the right to appear and be heard personally, either with or without an attorney. An attorney will be appointed for a parent who can show that the parent is not financially able to hire one.

Date ___________, (year)
Clerk of the District Court

by ________________________



(Seal)    

      I certify that I have delivered a true copy of the above notice to the persons above named in the manner and at the times indicated below:

   Name       Location of Service   Manner of Service  Date  Time
              (other than above)                                 
____________  ___________________  _________________  _____ _____
____________  ___________________  _________________  _____ _____
____________  ___________________  _________________  _____ _____


Date Returned ________, __(year)           
                                        _________________________
                                            (Signature)


                                        _________________________
                                                 (Title)

 

      (d)   Notice of the temporary custody hearing shall be given at least 24 hours prior to the hearing. The court may continue the hearing to afford the 24 hours prior notice or, with the consent of the party, proceed with the hearing at the designated time. If an order of temporary custody is entered and the parent or other person having custody of the child has not been notified of the hearing, did not appear or waive appearance and requests a rehearing, the court shall rehear the matter without unnecessary delay.

      (e)   Oral notice may be used for giving notice of a temporary custody hearing where there is insufficient time to give written notice. Oral notice is completed upon filing a certificate of oral notice in substantially the following form:

(Caption of Case)

      I gave oral notice that the court will conduct a hearing at ____ o'clock __m. on _________, __(year), to the persons listed, in the manner and at the times indicated below:

   Name         Relationship  Date  Time  Method of Communication
                                         (in person or telephone)
_______________ ____________  ____  ____  _______________________
_______________ ____________  ____  ____  _______________________
_______________ ____________  ____  ____  _______________________

I advised each of the above persons that:

(1)   The hearing is to determine if the above child or children should be in the temporary custody of a person or agency other than a parent;

(2)   the court will appoint an attorney to serve as guardian ad litem for the child or children named above;

(3)   each parent or legal custodian has the right to appear and be heard personally either with or without an attorney;

(4)   an attorney will be appointed for a parent who can show that the parent is not financially able to hire an attorney; and

(5)   the court may order one or both parents to pay child support.

________________________ (Signature) ________________________ (Name Printed) ________________________ (Title)

      (f)   The court may enter an order of temporary custody after determining that: (1) The child is dangerous to self or to others; (2) the child is not likely to be available within the jurisdiction of the court for future proceedings; or (3) the health or welfare of the child may be endangered without further care.

      (g)   Whenever the court determines the necessity for an order of temporary custody the court may place the child in the temporary custody of: (1) A parent or other person having custody of the child and may enter a restraining order pursuant to subsection (h); (2) a person, other than the parent or other person having custody, who shall not be required to be licensed under article 5 of chapter 65 of the Kansas Statutes Annotated; (3) a youth residential facility; or (4) the secretary if the child is alleged to be a child in need of care, the court may award custody to the secretary. However, if the secretary presents the court with a plan to provide services to a child or family which the court finds will assure the safety of the child, the court may only place the child in the temporary custody of the secretary until the court finds the services are in place. The court shall have the authority to require any person or entity agreeing to participate in the plan to perform as set out in the plan. When the child is placed in the temporary custody of the secretary, the secretary shall have the discretionary authority to place the child with a parent or to make other suitable placement for the child. When circumstances require, a child may be placed in a juvenile detention facility or other secure facility, but the total amount of time that the child may be held in such facility under this section and K.S.A. 38-1542 and amendments thereto shall not exceed 24 hours, excluding Saturdays, Sundays and legal holidays. The order of temporary custody shall remain in effect until modified or rescinded by the court or a disposition order is entered but not exceeding 60 days, unless good cause is shown and stated on the record.

      (h)   If the court issues an order of temporary custody, the court may enter an order restraining any alleged perpetrator of physical, sexual, mental or emotional abuse of the child from residing in the child's home; visiting, contacting, harassing or intimidating the child; or attempting to visit, contact, harass or intimidate the child.

      (i)   The court shall not enter an order removing a child from the custody of a parent pursuant to this section unless the court first finds from evidence presented by the petitioner that reasonable efforts have been made to maintain the family unit and prevent the unnecessary removal of the child from the child's home or that an emergency exists which threatens the safety of the child and that remaining in the home is contrary to the welfare of the child or that placement is in the best interest of the child. Such findings shall be included in any order entered by the court. If the child is placed in the custody of the secretary, the court shall provide the secretary with a written copy of any orders entered for the purpose of documenting these orders upon making the order.

      History:   L. 1982, ch. 182, § 36; L. 1986, ch. 161, § 5; L. 1988, ch. 138, § 10; L. 1992, ch. 318, § 11; L. 1994, ch. 301, § 4; L. 1999, ch. 156, § 7; L. 2000, ch. 150, § 10; June 1.