2006 Kansas Code - 38-1632

      38-1632.   Detention hearing; waiver; notice; procedure; removal from custody of parent; audio-video communications. (a) Length of detention. (1) Whenever an alleged juvenile offender is taken into custody and is thereafter taken before the court or to a juvenile detention facility or youth residential facility designated by the court, the juvenile shall not remain detained for more than 48 hours, excluding Saturdays, Sundays and legal holidays, from the time the initial detention was imposed, unless the court determines after hearing, within the 48-hour period, that further detention is necessary.

      (2)   If a juvenile is detained in jail pursuant to subsection (b) of K.S.A. 38-1691 and amendments thereto, the detention hearing required by this section shall be held within 24 hours after the juvenile is taken into custody.

      (b)   Waiver of detention hearing. The right of a juvenile to a detention hearing may be waived if the juvenile and the attorney for the juvenile consent in writing to waive the right to a detention hearing and the judge approves the waiver. Whenever the right to a detention hearing has been waived, the juvenile, the attorney for the juvenile or the juvenile's parents may reassert the right at any time not less than 48 hours prior to the time scheduled for trial by submitting a written request to the judge. Upon request, the judge shall immediately set the time and place for the hearing, which shall be held not more than 48 hours after the receipt of the request excluding Saturdays, Sundays and legal holidays.

      (c)   Notice of hearing. Whenever it is determined that a detention hearing is required the court shall immediately set the time and place for the hearing. Except as otherwise provided by subsection (b)(1) of K.S.A. 38-1691 and amendments thereto, notice of the detention hearing shall be given at least 24 hours prior to the hearing, unless waived, and shall be in substantially the following form:

(Name of Court)

(Caption of Case)

NOTICE OF DETENTION HEARING

TO:_________________________  __________________________________
          (Juvenile)                                               
    ________________________  ___________________________________
          (Father)                                                  
    ________________________  ___________________________________
          (Mother)                                                 
    ________________________  ___________________________________

      (Other having custody- (Address) relationship)

      On _________, __________, ______, at ___o'clock __m.

         (day)      (date)           (year)

there will be a hearing for the court to determine if there is a need for further detention of the above named juvenile. Each parent or other person having legal custody of the juvenile should be present at the hearing which will be held at ____________________.

      You have the right to hire an attorney to represent the above juvenile. Upon failure to hire an attorney the court will appoint an attorney for the juvenile and the juvenile, parent or other person having legal custody of the juvenile may be required to repay the court for the expense of the appointed attorney. The court may order one or both parents to pay child support.

Date: ________, ____
Clerk of the District Court

by _______________________

            (Seal)

REPORT OF SERVICE

      I certify that I have delivered a true copy of the above notice on 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: ______, _____     _______________________
                                            (Signature)      
                                      _______________________
                                             (Title)

 

      (d)   Oral notice. When there is insufficient time to give written notice, oral notice may be given and is completed upon filing a certificate of oral notice with the clerk in substantially the following form:

(Name of Court)

(Caption of Case)

CERTIFICATE OF ORAL NOTICE OF DETENTION HEARING

      I gave oral notice that the court will hold a hearing at ______o'clock __m. on ______, _____, 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 named persons that:

(1)   The hearing is to determine if the above named juvenile shall be detained;

(2)   each parent or person having legal custody should be present at the hearing;

(3)   they have the right to hire an attorney of their own choice for the juvenile;

(4)   if an attorney is not hired, the court will appoint an attorney for the juvenile;

(5)   the juvenile, parent or other person having custody of the juvenile may be required to repay the court for the expense of the appointed attorney; and

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

___________________________ (Signature) ___________________________ (Name Printed) ___________________________ (Title)

      (e)   Hearing, finding, bond. At the time set for the detention hearing if no retained attorney is present to represent the juvenile, the court shall appoint an attorney for the juvenile, and may recess the hearing for 24 hours to obtain attendance of the attorney appointed unless the juvenile is detained in jail pursuant to subsection (b)(1) of K.S.A. 38-1691 and amendments thereto. At the detention hearing, if the court finds the juvenile is dangerous to self or others, the juvenile may be detained in a juvenile detention facility or youth residential facility which the court shall designate. If the court finds the juvenile is not likely to appear for further proceedings, the juvenile may be detained in a juvenile detention facility or youth residential facility which the court shall designate or may be released upon the giving of an appearance bond in an amount specified by the court and on the conditions the court may impose, in accordance with the applicable provisions of article 28 of chapter 22 of the Kansas Statutes Annotated and amendments thereto. In the absence of either finding, the court shall order the juvenile released or placed in temporary custody as provided in subsection (f).

      In determining whether to place a juvenile in a juvenile detention facility pursuant to this subsection, the court shall consider all relevant factors, including but not limited to the criteria listed in K.S.A. 38-1640 and amendments thereto. If the court orders the juvenile to be detained in a juvenile detention facility, the court shall record the specific findings of fact upon which the order is based.

      If detention is ordered and the parent was not notified of the hearing and did not appear and later requests a rehearing, the court shall rehear the matter without unnecessary delay.

      (f)   Temporary custody. If the court determines that it is not necessary to detain the juvenile but finds that release to the custody of a parent is not in the best interests of the juvenile, the court may place the juvenile in the temporary custody of a youth residential facility or some other suitable person willing to accept temporary custody.

      (g)   The court may enter an order removing a juvenile from the custody of a parent and placing the child in the temporary custody of the commissioner pursuant to K.S.A. 38-1664, and amendments thereto.

      (h)   Audio-video communications. Detention hearings may be conducted by two-way electronic audio-video communication between the alleged juvenile offender and the judge in lieu of personal presence of the juvenile or the juvenile's counsel in the courtroom from any location within Kansas in the discretion of the court. The juvenile may be accompanied by the juvenile's counsel during such proceedings or counsel may be personally present in court as long as a means of communication between the juvenile and the juvenile's counsel is available for consultation between the juvenile and the juvenile's counsel in confidence.

      History:   L. 1982, ch. 182, § 86; L. 1986, ch. 162, § 4; L. 1990, ch. 150, § 1; L. 1992, ch. 312, § 19; L. 1996, ch. 229, § 64; L. 1997, ch. 156, § 54; L. 2000, ch. 150, § 23; June 1.