US Laws, Codes, Statutes & Cases

      38-1641.   Duty of parents and others to appear at all proceedings involving juvenile offender; failure, contempt. (a) Any parent, guardian, or person with whom a juvenile resides who is served with a summons as provided in K.S.A. 38-1626, and amendments thereto, shall appear with the juvenile at all juvenile proceedings concerning the juvenile, unless excused by the court having jurisdiction of the matter.

      (b)   Any person required by this act to be present at all juvenile proceedings who fails to comply, without good cause, with the provisions of subsection (a) may be proceeded against for indirect contempt of court pursuant to the provisions of K.S.A. 20-1204a et seq., and amendments thereto.

      (c)   As used in this section: (1) "Good cause" for failing to appear includes, but is not limited to, a situation where a parent or guardian:

      (A)   Does not have physical custody of the juvenile and resides outside of Kansas;

      (B)   has physical custody of the juvenile, but resides outside of Kansas and appearing in court will result in undue hardship to such parent or guardian; or

      (C)   resides in Kansas, but is outside of the state at the time of the juvenile proceeding for reasons other than avoiding appearance before the court and appearing in court will result in undue hardship to such parent or guardian.

      (2)   "Parent" means and includes a natural parent who has sole or joint custody, regardless of whether the parent is designated as the primary residential custodian, or an adoptive parent. Parent does not include a person whose parental rights have been terminated pursuant to law.

      (d)   If the parent or guardian of any juvenile cannot be found or fails to appear, the court may proceed with the case without the presence of such parent or guardian.

      (e)   This section shall be part of and supplemental to the Kansas juvenile justice code.

      History:   L. 1994, ch. 282, § 6; L. 1994, ch. 337, § 4; L. 1996, ch. 229, § 72; July 1, 1997.