US Laws, Codes, Statutes & Cases

      38-1568.   Placement; order directing child to remain in present or future placement; application for determination that child has violated order; procedure; authorized dispositions; limitations on facilities used for placement; computation of time limitations. (a) Valid court order. During proceedings under this code, the court may enter an order directing a child who is the subject of the proceedings to remain in a present or future placement if:

      (1)   The court makes a finding that the child has been adjudicated to be a child in need of care pursuant to any of the subsections (a)(1) through (a)(12) of K.S.A. 38-1502, and amendments thereto, and the court determines that the child is not likely to be available within the jurisdiction of the court for future proceedings;

      (2)   the child and the child's guardian ad litem are present before the court at the time the order is entered; and

      (3)   the child and the child's guardian ad litem are given adequate and fair warning, both orally and in writing, of the consequences of violation of the order and a copy of such warning is recorded in the official file of the case.

      (b)   Application. Any person may file with the court a verified application for a determination that a child has violated an order entered pursuant to subsection (a) and for an order authorizing the holding of such child in a secure facility as provided by this section. Such application shall state the applicant's belief that the child has violated a valid court order entered pursuant to subsection (a) and the specific facts which are relied upon to support the belief.

      (c)   Ex parte order. Upon the filing of an application in accordance with subsection (b), the court may enter ex parte an order directing that the child be taken into custody and held in a secure facility designated by the court if the court determines that there is probable cause to believe the allegations in the application. The order shall remain in effect for not more than 24 hours following the child being taken into custody. The order shall be served on the child's parents, any legal custodian of the child and the child's guardian ad litem.

      (d)   Preliminary hearing. Within 24 hours following a child being taken into custody pursuant to an order issued under subsection (c), the court shall hold a hearing to determine whether the child admits or denies the allegations of the application and, if the child denies such allegations, whether there is probable cause to hold the child in a secure facility pending a hearing on the application pursuant to subsection (e). Notice of the time and place of the preliminary hearing shall be given orally or in writing to the child's parents, any legal custodian of the child and the child's guardian ad litem. At the hearing, the child shall have the right to: (1) Have in writing the alleged violation and the facts relied upon in the application; (2) a guardian ad litem pursuant to K.S.A. 38-1505, and amendments thereto; and (3) the right to confront and present witnesses. If, upon the hearing, the court finds that the child admits the allegations of the application, the court shall proceed without delay to hold a hearing on the application pursuant to subsection (e). If, upon the hearing, the court finds that the child denies the allegations of the application, the court may enter an order directing that the child be held in a secure facility pending a hearing pursuant to subsection (e) if the court finds that there is probable cause to believe that the child has violated a valid court order entered pursuant to subsection (a) and that secure detention of the child is necessary for the protection of the child or to assure the appearance of the child at the hearing on the application pursuant to subsection (e).

      (e)   Hearing on violation of order; authorization. The court shall hold a hearing on an application filed pursuant to subsection (b) within 24 hours following the child being taken into custody, if the child admits the allegations of the application, or within 72 hours following the child being taken into custody, if secure detention of the child is ordered pursuant to subsection (d). Notice of the time and place of such hearing shall be given orally or in writing to the child's parents, any legal custodian of the child and the child's guardian ad litem. Upon such hearing, the court may enter an order awarding custody of the child to: (1) A parent; (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, and amendments thereto; (3) a youth residential facility; or (4) the secretary, if the secretary does not already have legal custody of the child, and authorizing the custodian to place the child in a secure facility or secure care facility if the court:

      (1)   Determines that the child has been adjudicated to be a child in need of care pursuant to subsection (a)(1), (a)(2), (a)(6) through (a)(10) and (a)(12) of K.S.A. 38-1502, and amendments thereto;

      (2)   determines that the child has violated a valid court order entered pursuant to subsection (a);

      (3)   determines that the child has been provided at the hearing with the right to: (A) Have the alleged violation in writing and served upon the child in a reasonable time before the hearing; (B) a hearing before the court on the issue of placement in a secure facility; (C) an explanation of the nature and consequences of the proceeding; (D) a guardian ad litem pursuant to K.S.A. 38-1505, and amendments thereto; (E) confront and present witnesses; (F) have a transcript or record of the proceedings; and (G) appeal; and

      (4)   determines the reasons for the child's behavior and determines whether all dispositions other than secure confinement have been exhausted or are clearly inappropriate, based on a written report submitted by the secretary, if the child is in the custody of the secretary, or submitted by a public agency independent of the court and law enforcement, if the child is in the custody of someone other than the secretary that reviews the behavior of the child and the circumstances under which the child was brought before the court and made subject to such order.

      The authorization to place a child in a secure care facility pursuant to this subsection shall expire 60 days, including Saturdays, Sundays and legal holidays, after it is issued. The court may grant extensions of such authorization for two additional periods not exceeding 60 days, including Saturdays, Sundays and legal holidays, upon rehearing pursuant to K.S.A. 38-1564, and amendments thereto. Payment by the secretary to a secure facility for child care services provided pursuant to this subsection shall be paid only upon receipt by the secretary of a copy of a valid court order.

      (f)   Limitations on facilities used. Nothing in this section shall authorize placement of a child in an adult jail or lockup. Secure placement is limited to secure care facilities.

      (g)   Time limits, computation. Except as otherwise specifically provided by subsection (e), Saturdays, Sundays and legal holidays shall not be counted in computing any time limit imposed by this section.

      (h)   This section shall be part of and supplemental to the Kansas code for care of children.

      History:   L. 1988, ch. 138, § 8; L. 1992, ch. 318, § 12; L. 2000, ch. 150, § 17; June 1.