Kansas House Bill HB2021 Latest Draft

                            HOUSE BILL No. 2021
AN ACT concerning children and minors; relating to risk and needs assessment for certain 
children in need of care; requiring the secretary of corrections to provide assessments 
and certain services for juveniles in detention; changing the criteria used to refer and 
admit juveniles to juvenile crisis intervention centers; defining behavioral health 
crisis; allowing for overall case length limit extensions for certain juvenile offenders; 
requiring the department of corrections to create juvenile justice data systems; 
increasing use of evidence-based programs account money; authorizing detention 
sanctions for probation violations; amending K.S.A. 38-2202, 38-2203, 38-2231, 38-
2243, 38-2302, 38-2304, 38-2330, 38-2391, 38-2392, 65-536, 75-52,162 and 75-
52,164 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) On or before October 1, 2023, the secretary for 
children and families shall identify an evidence-based risk and needs 
assessment to administer to children who have been identified as 
exhibiting behavior that could lead to juvenile offender charges related 
to physical violence, aggression, damage to property or use of life-
threatening drugs during the course of a child in need of care 
proceeding.
(b) The secretary for children and families shall administer the 
assessment described in subsection (a) and shall collaborate with the 
secretary of corrections to allow children identified pursuant to 
subsection (a) to participate in evidence-based community programs 
offered pursuant to K.S.A. 75-52,164, and amendments thereto.
(c) The results of an assessment administered pursuant to this 
section shall be considered a part of the official file described in K.S.A. 
38-2209, and amendments thereto, and shall not be admitted into 
evidence during the course of a proceeding under the revised Kansas 
juvenile justice code.
(d) On or before January 1, 2024, the secretary for children and 
families shall report on the implementation of this section and provide 
the assessment identified in subsection (a) to the joint committee on 
corrections and juvenile justice oversight.
New Sec. 2. (a) The secretary of corrections shall ensure that, 
when a juvenile is placed in detention, the juvenile shall:
(1) Receive a standardized risk and needs assessment within 72 
hours or, if a standardized risk and needs assessment has been 
conducted on the juvenile, have the appropriate updates made to such 
assessment within 72 hours;
(2) receive an updated or completed case plan within 48 hours 
after the standardized risk and needs assessment has been conducted or 
updated; and
(3) have access to behavioral health services, mental health 
services and substance use treatment disorder services while in 
detention. 
(b) The secretary of corrections shall coordinate with court 
services, community corrections and juvenile detention centers to 
provide the services required by this section in a timely manner. If the 
juvenile is in the custody of the secretary for children and families, the 
secretary of corrections shall coordinate with the secretary for children 
and families when providing such services. The cost of the assessments 
conducted or the services provided pursuant to subsection (a) may be 
assessed to the department of corrections.
(c) The secretary of corrections shall collect data related to the 
assessments conducted and the services provided pursuant to this 
section and shall report findings to the joint committee on corrections 
and juvenile justice on or before July 1 of each year. 
Sec. 3. K.S.A. 38-2202 is hereby amended to read as follows: 38-
2202. As used in the revised Kansas code for care of children, unless 
the context otherwise indicates:
(a) "Abandon" or "abandonment" means to forsake, desert or, 
without making appropriate provision for substitute care, cease 
providing care for the child.
(b) "Adult correction facility" means any public or private facility, 
secure or nonsecure, that is used for the lawful custody of accused or 
convicted adult criminal offenders. HOUSE BILL No. 2021—page 2
(c) "Aggravated circumstances" means the abandonment, torture, 
chronic abuse, sexual abuse or chronic, life threatening neglect of a 
child.
(d) "Child in need of care" means a person less than 18 years of 
age at the time of filing of the petition or issuance of an ex parte 
protective custody order pursuant to K.S.A. 38-2242, and amendments 
thereto, who:
(1) Is without adequate parental care, control or subsistence and 
the condition is not due solely to the lack of financial means of the 
child's parents or other custodian;
(2) is without the care or control necessary for the child's physical, 
mental or emotional health;
(3) has been physically, mentally or emotionally abused or 
neglected or sexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-3421 or 72-
3120, and amendments thereto;
(7) except in the case of a violation of K.S.A. 41-727, K.S.A. 74-
8810(j), K.S.A. 79-3321(m) or (n), or K.S.A. 2022 Supp. 21-6301(a)
(14), and amendments thereto, or, except as provided in paragraph (12), 
does an act which, when committed by a person under 18 years of age, 
is prohibited by state law, city ordinance or county resolution, but 
which is not prohibited when done by an adult;
(8) while less than 10 years of age, commits any act that if done 
by an adult would constitute the commission of a felony or 
misdemeanor as defined by K.S.A. 2022 Supp. 21-5102, and 
amendments thereto;
(9) is willfully and voluntarily absent from the child's home 
without the consent of the child's parent or other custodian;
(10) is willfully and voluntarily absent at least a second time from 
a court ordered or designated placement, or a placement pursuant to 
court order, if the absence is without the consent of the person with 
whom the child is placed or, if the child is placed in a facility, without 
the consent of the person in charge of such facility or such person's 
designee;
(11) has been residing in the same residence with a sibling or 
another person under 18 years of age, who has been physically, 
mentally or emotionally abused or neglected, or sexually abused;
(12) while less than 10 years of age commits the offense defined 
in K.S.A. 2022 Supp. 21-6301(a)(14), and amendments thereto;
(13) has had a permanent custodian appointed and the permanent 
custodian is no longer able or willing to serve; or
(14) has been subjected to an act that would constitute human 
trafficking or aggravated human trafficking, as defined by K.S.A. 2022 
Supp. 21-5426, and amendments thereto, or commercial sexual 
exploitation of a child, as defined by K.S.A. 2022 Supp. 21-6422, and 
amendments thereto, or has committed an act which, if committed by 
an adult, would constitute selling sexual relations, as defined by K.S.A. 
2022 Supp. 21-6419, and amendments thereto.
(e) "Citizen review board" is a group of community volunteers 
appointed by the court and whose duties are prescribed by K.S.A. 38-
2207 and 38-2208, and amendments thereto.
(f) "Civil custody case" includes any case filed under chapter 23 
of the Kansas Statutes Annotated, and amendments thereto, the Kansas 
family law code, article 11 of chapter 38 of the Kansas Statutes 
Annotated, and amendments thereto, determination of parentage, article 
21 of chapter 59 of the Kansas Statutes Annotated, and amendments 
thereto, adoption and relinquishment act, or article 30 of chapter 59 of  HOUSE BILL No. 2021—page 3
the Kansas Statutes Annotated, and amendments thereto, guardians and 
conservators.
(g) "Court-appointed special advocate" means a responsible adult 
other than an attorney guardian ad litem who is appointed by the court 
to represent the best interests of a child, as provided in K.S.A. 38-2206, 
and amendments thereto, in a proceeding pursuant to this code.
(h) "Custody" whether temporary, protective or legal, means the 
status created by court order or statute that vests in a custodian, whether 
an individual or an agency, the right to physical possession of the child 
and the right to determine placement of the child, subject to restrictions 
placed by the court.
(i) "Extended out of home placement" means a child has been in 
the custody of the secretary and placed with neither parent for 15 of the 
most recent 22 months beginning 60 days after the date at which a child 
in the custody of the secretary was removed from the child's home.
(j) "Educational institution" means all schools at the elementary 
and secondary levels.
(k) "Educator" means any administrator, teacher or other 
professional or paraprofessional employee of an educational institution 
who has exposure to a pupil specified in K.S.A. 72-6143(a), and 
amendments thereto.
(l) "Harm" means physical or psychological injury or damage.
(m) "Interested party" means the grandparent of the child, a person 
with whom the child has been living for a significant period of time 
when the child in need of care petition is filed, and any person made an 
interested party by the court pursuant to K.S.A. 38-2241, and 
amendments thereto, or Indian tribe seeking to intervene that is not a 
party.
(n) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an 
adult jail or lockup, unless the facility meets all applicable standards 
and licensure requirements under law and there is: (A) Total separation 
of the juvenile and adult facility spatial areas such that there could be 
no haphazard or accidental contact between juvenile and adult residents 
in the respective facilities; (B) total separation in all juvenile and adult 
program activities within the facilities, including recreation, education, 
counseling, health care, dining, sleeping and general living activities; 
and (C) separate juvenile and adult staff, including management, 
security staff and direct care staff such as recreational, educational and 
counseling.
(o) "Juvenile detention facility" means any secure public or 
private facility used for the lawful custody of accused or adjudicated 
juvenile offenders that must not be a jail.
(p) "Juvenile intake and assessment worker" means a responsible 
adult authorized to perform intake and assessment services as part of 
the intake and assessment system established pursuant to K.S.A. 75-
7023, and amendments thereto.
(q) "Kinship care placement" means the placement of a child in 
the home of an adult with whom the child or the child's parent already 
has close emotional ties.
(r) "Law enforcement officer" means any person who by virtue of 
office or public employment is vested by law with a duty to maintain 
public order or to make arrests for crimes, whether that duty extends to 
all crimes or is limited to specific crimes.
(s) "Multidisciplinary team" means a group of persons, appointed 
by the court under K.S.A. 38-2228, and amendments thereto, that has 
knowledge of the circumstances of a child in need of care.
(t) "Neglect" means acts or omissions by a parent, guardian or  HOUSE BILL No. 2021—page 4
person responsible for the care of a child resulting in harm to a child, or 
presenting a likelihood of harm, and the acts or omissions are not due 
solely to the lack of financial means of the child's parents or other 
custodian. Neglect may include, but shall not be limited to:
(1) Failure to provide the child with food, clothing or shelter 
necessary to sustain the life or health of the child;
(2) failure to provide adequate supervision of a child or to remove 
a child from a situation that requires judgment or actions beyond the 
child's level of maturity, physical condition or mental abilities and that 
results in bodily injury or a likelihood of harm to the child; or
(3) failure to use resources available to treat a diagnosed medical 
condition if such treatment will make a child substantially more 
comfortable, reduce pain and suffering, or correct or substantially 
diminish a crippling condition from worsening. A parent legitimately 
practicing religious beliefs who does not provide specified medical 
treatment for a child because of religious beliefs shall, not for that 
reason, be considered a negligent parent; however, this exception shall 
not preclude a court from entering an order pursuant to K.S.A. 38-
2217(a)(2), and amendments thereto.
(u) "Parent" when used in relation to a child or children, includes a 
guardian and every person who is by law liable to maintain, care for or 
support the child.
(v) "Party" means the state, the petitioner, the child, any parent of 
the child and an Indian child's tribe intervening pursuant to the Indian 
child welfare act.
(w) "Permanency goal" means the outcome of the permanency 
planning process, which may be reintegration, adoption, appointment of 
a permanent custodian or another planned permanent living 
arrangement.
(x) "Permanent custodian" means a judicially approved permanent 
guardian of a child pursuant to K.S.A. 38-2272, and amendments 
thereto.
(y) "Physical, mental or emotional abuse" means the infliction of 
physical, mental or emotional harm or the causing of a deterioration of 
a child and may include, but shall not be limited to, maltreatment or 
exploiting a child to the extent that the child's health or emotional well-
being is endangered.
(z) "Placement" means the designation by the individual or agency 
having custody of where and with whom the child will live.
(aa) "Qualified residential treatment program" means a program 
designated by the secretary for children and families as a qualified 
residential treatment program pursuant to federal law.
(bb) "Reasonable and prudent parenting standard" means the 
standard characterized by careful and sensible parental decisions that 
maintain the health, safety and best interests of a child while at the 
same time encouraging the emotional and developmental growth of the 
child, that a caregiver shall use when determining whether to allow a 
child in foster care under the responsibility of the state to participate in 
extracurricular, enrichment, cultural and social activities.
(cc) "Relative" means a person related by blood, marriage or 
adoption.
(dd) "Runaway" means a child who is willfully and voluntarily 
absent from the child's home without the consent of the child's parent or 
other custodian.
(ee) "Secretary" means the secretary for children and families or 
the secretary's designee.
(ff) "Secure facility" means a facility, other than a staff secure 
facility or juvenile detention facility, that is operated or structured so as 
to ensure that all entrances and exits from the facility are under the  HOUSE BILL No. 2021—page 5
exclusive control of the staff of the facility, whether or not the person 
being detained has freedom of movement within the perimeters of the 
facility, or that relies on locked rooms and buildings, fences or physical 
restraint in order to control behavior of its residents. No secure facility 
shall be in a city or county jail.
(gg) "Sexual abuse" means any contact or interaction with a child 
in which the child is being used for the sexual stimulation of the 
perpetrator, the child or another person. Sexual abuse shall include, but 
is not limited to, allowing, permitting or encouraging a child to:
(1) Be photographed, filmed or depicted in pornographic material; 
or
(2) be subjected to aggravated human trafficking, as defined in 
K.S.A. 2022 Supp. 21-5426(b), and amendments thereto, if committed 
in whole or in part for the purpose of the sexual gratification of the 
offender or another, or be subjected to an act that would constitute 
conduct proscribed by article 55 of chapter 21 of the Kansas Statutes 
Annotated or K.S.A. 2022 Supp. 21-6419 or 21-6422, and amendments 
thereto.
(hh) "Shelter facility" means any public or private facility or 
home, other than a juvenile detention facility or staff secure facility, 
that may be used in accordance with this code for the purpose of 
providing either temporary placement for children in need of care prior 
to the issuance of a dispositional order or longer term care under a 
dispositional order.
(ii) "Staff secure facility" means a facility described in K.S.A. 65-
535, and amendments thereto: (1) That does not include construction 
features designed to physically restrict the movements and activities of 
juvenile residents who are placed therein; (2) that may establish 
reasonable rules restricting entrance to and egress from the facility; and 
(3) in which the movements and activities of individual juvenile 
residents may, for treatment purposes, be restricted or subject to control 
through the use of intensive staff supervision. No staff secure facility 
shall be in a city or county jail.
(jj) "Transition plan" means, when used in relation to a youth in 
the custody of the secretary, an individualized strategy for the provision 
of medical, mental health, education, employment and housing supports 
as needed for the adult and, if applicable, for any minor child of the 
adult, to live independently and specifically provides for the supports 
and any services for which an adult with a disability is eligible 
including, but not limited to, funding for home and community based 
services waivers.
(kk) "Youth residential facility" means any home, foster home or 
structure that provides 24-hour-a-day care for children and that is 
licensed pursuant to article 5 of chapter 65 of the Kansas Statutes 
Annotated, and amendments thereto.
(ll) "Behavioral health crisis" means behavioral and conduct 
issues that impact the safety or health of a child, members of the child's 
household or family or members of the community, including, but not 
limited to, non-life threatening mental health and substance abuse 
concerns.
Sec. 4. K.S.A. 38-2203 is hereby amended to read as follows: 38-
2203. (a) Proceedings concerning any child who may be a child in need 
of care shall be governed by this code, except in those instances when 
the court knows or has reason to know that an Indian child is involved 
in the proceeding, in which case, the Indian child welfare act of 1978, 
25 U.S.C. § 1901 et seq., applies. The Indian child welfare act may 
apply to: The filing to initiate a child in need of care proceeding, 
K.S.A. 38-2234, and amendments thereto; ex parte custody orders, 
K.S.A. 38-2242, and amendments thereto; temporary custody hearing,  HOUSE BILL No. 2021—page 6
K.S.A. 38-2243, and amendments thereto; adjudication, K.S.A. 38-
2247, and amendments thereto; burden of proof, K.S.A. 38-2250, and 
amendments thereto; disposition, K.S.A. 38-2255, and amendments 
thereto; permanency hearings, K.S.A. 38-2264, and amendments 
thereto; termination of parental rights, K.S.A. 38-2267, 38-2268 and 
38-2269, and amendments thereto; establishment of permanent 
custodianship, K.S.A. 38-2268 and 38-2272, and amendments thereto; 
the placement of a child in any foster, pre-adoptive and adoptive home 
and the placement of a child in a guardianship arrangement under 
article 30 of chapter 59 of the Kansas Statutes Annotated, and 
amendments thereto.
(b) Subject to the uniform child custody jurisdiction and 
enforcement act, K.S.A. 2022 Supp. 23-37,101 through 23-37,405, and 
amendments thereto, the district court shall have original jurisdiction of 
proceedings pursuant to this code.
(c) The court acquires jurisdiction over a child by the filing of a 
petition pursuant to this code or upon issuance of an ex parte order 
pursuant to K.S.A. 38-2242, and amendments thereto. When the court 
acquires jurisdiction over a child in need of care, jurisdiction may 
continue until the child has: (1) Become 18 years of age, or until June 1 
of the school year during which the child became 18 years of age if the 
child is still attending high school unless there is no court approved 
transition plan, in which event jurisdiction may continue until a 
transition plan is approved by the court or until the child reaches the 
age of 21 years of age; (2) been adopted; or (3) been discharged by the 
court. Any child 18 years of age or over may request, in writing to the 
court, that the jurisdiction of the court cease. The court shall give notice 
of the request to all parties and interested parties and 30 days after 
receipt of the request, jurisdiction will cease.
(d) When it is no longer appropriate for the court to exercise 
jurisdiction over a child, the court, upon its own motion or the motion 
of a party or interested party at a hearing or upon agreement of all 
parties or interested parties, shall enter an order discharging the child. 
Except upon request of the child pursuant to subsection (c), the court 
shall not enter an order discharging a child until June 1 of the school 
year during which the child becomes 18 years of age if the child is in an 
out-of-home placement, is still attending high school and has not 
completed the child's high school education.
(e) When a petition is filed under this code, a person who is 
alleged to be under 18 years of age shall be presumed to be under that 
age for the purposes of this code, unless the contrary is proved.
(f) A court's order issued in a proceeding pursuant to this code, 
shall take precedence over such orders in a civil custody case, a 
proceeding under article 31 of chapter 60 of the Kansas Statutes 
Annotated, and amendments thereto, protection from abuse act, or a 
comparable case in another jurisdiction, except as provided by K.S.A. 
2022 Supp. 23-37,101 through 23-37,405, and amendments thereto, 
uniform child custody jurisdiction and enforcement act.
(g) If a child is eligible to receive services from the Kansas 
department for children and families, the department of corrections or 
the judicial branch, such agencies shall collaborate to provide such 
services. Nothing in this subsection shall preclude the child from 
accessing services provided by the Kansas department for children and 
families, the department of corrections, the judicial branch or any 
other state agency if the child is otherwise eligible for the services.
Sec. 5. K.S.A. 38-2231 is hereby amended to read as follows: 38-
2231. (a) A law enforcement officer or court services officer shall take 
a child under 18 years of age into custody when:
(1) The law enforcement officer or court services officer has a  HOUSE BILL No. 2021—page 7
court order commanding that the child be taken into custody as a child 
in need of care; or
(2) the law enforcement officer or court services officer has 
probable cause to believe that a court order commanding that the child 
be taken into custody as a child in need of care has been issued in this 
state or in another jurisdiction.
(b) A law enforcement officer shall take a child under 18 years of 
age into custody when the officer:
(1) Reasonably believes the child will be harmed if not 
immediately removed from the place or residence where the child has 
been found;
(2) has probable cause to believe that the child is a runaway or a 
missing person or a verified missing person entry for the child can be 
found in the national crime information center missing person system;
(3) reasonably believes the child is a victim of human trafficking, 
aggravated human trafficking or commercial sexual exploitation of a 
child; or
(4) reasonably believes the child is experiencing a mental 
behavioral health crisis and is likely to cause harm to self or others.
(c) (1) If a person provides shelter to a child whom the person 
knows is a runaway, such person shall promptly report the child's 
location either to a law enforcement agency or to the child's parent or 
other custodian.
(2) If a person reports a runaway's location to a law enforcement 
agency pursuant to this section and a law enforcement officer of the 
agency has reasonable grounds to believe that it is in the child's best 
interests, the child may be allowed to remain in the place where shelter 
is being provided, subject to subsection (b), in the absence of a court 
order to the contrary. If the child is allowed to so remain, the law 
enforcement agency shall promptly notify the secretary of the child's 
location and circumstances.
(d) Except as provided in subsections (a) and (b), a law 
enforcement officer may temporarily detain and assume temporary 
custody of any child subject to compulsory school attendance, pursuant 
to K.S.A. 72-3120, and amendments thereto, during the hours school is 
actually in session and shall deliver the child pursuant to K.S.A. 38-
2232(g), and amendments thereto.
Sec. 6. K.S.A. 38-2243 is hereby amended to read as follows: 38-
2243. (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, legal holidays, and days on 
which the office of the clerk of the court is not accessible, 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 given to all 
parties and interested parties.
(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 or 
interested 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  HOUSE BILL No. 2021—page 8
custody hearing where there is insufficient time to give written notice. 
Oral notice is completed upon filing a certificate of oral notice.
(f) The court may enter an order of temporary custody after 
determining there is probable cause to believe that the: (1) Child is 
dangerous to self or to others; (2) child is not likely to be available 
within the jurisdiction of the court for future proceedings; (3) health or 
welfare of the child may be endangered without further care; (4) child 
has been subjected to human trafficking or aggravated human 
trafficking, as defined by K.S.A. 2022 Supp. 21-5426, and amendments 
thereto, or commercial sexual exploitation of a child, as defined by 
K.S.A. 2022 Supp. 21-6422, and amendments thereto; (5) child is 
experiencing a mental behavioral health crisis and is in need of 
treatment; or (6) child committed an act which, if committed by an 
adult, would constitute a violation of K.S.A. 2022 Supp. 21-6419, and 
amendments thereto.
(g) (1) Whenever the court determines the necessity for an order 
of temporary custody the court may place the child in the temporary 
custody of:
(A) A parent or other person having custody of the child and may 
enter a restraining order pursuant to subsection (h);
(B) 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;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of 
law, if the child has been subjected to human trafficking or aggravated 
human trafficking, as defined by K.S.A. 2022 Supp. 21-5426, and 
amendments thereto, or commercial sexual exploitation of a child, as 
defined by K.S.A. 2022 Supp. 21-6422, and amendments thereto, or the 
child committed an act which, if committed by an adult, would 
constitute a violation of K.S.A. 2022 Supp. 21-6419, and amendments 
thereto;
(F) after written authorization by a community mental health 
center, a juvenile crisis intervention center, as described in K.S.A. 65-
536, and amendments thereto; or
(G) the secretary, if the child is 15 years of age or younger, or 16 
or 17 years of age if the child has no identifiable parental or family 
resources or shows signs of physical, mental, emotional or sexual 
abuse.
(2) 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 the child 
is placed in the temporary custody of the secretary and the child has 
been subjected to human trafficking or aggravated human trafficking, 
as defined by K.S.A. 2022 Supp. 21-5426, and amendments thereto, or 
commercial sexual exploitation of a child, as defined by K.S.A. 2022 
Supp. 21-6422, and amendments thereto, or the child committed an act 
which, if committed by an adult, would constitute a violation of K.S.A. 
2022 Supp. 21-6419, and amendments thereto, the secretary shall have 
the discretionary authority to place the child in a staff secure facility, 
notwithstanding any other provision of law. When the child is presently 
alleged, but not yet adjudicated to be a child in need of care solely  HOUSE BILL No. 2021—page 9
pursuant to K.S.A. 38-2202(d)(9) or (d)(10), and amendments thereto, 
the child may be placed in a secure facility, but the total amount of time 
that the child may be held in such facility under this section and K.S.A. 
38-2242, and amendments thereto, shall not exceed 24 hours, excluding 
Saturdays, Sundays, legal holidays, and days on which the office of the 
clerk of the court is not accessible. The order of temporary custody 
shall remain in effect until modified or rescinded by the court or an 
adjudication 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 also 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, other 
family members or witnesses. Such restraining order shall be served by 
personal service pursuant to K.S.A. 38-2237(a), and amendments 
thereto, on any alleged perpetrator to whom the order is directed.
(i) (1) The court shall not enter the initial order removing a child 
from the custody of a parent pursuant to this section unless the court 
first finds probable cause that: 
(A) (i) The child is likely to sustain harm if not immediately 
removed from the home;
(ii) allowing the child to remain in home is contrary to the welfare 
of the child; or
(iii) immediate placement of the child is in the best interest of the 
child; and
(B) 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 to the child.
(2) Such findings shall be included in any order entered by the 
court. If the child is placed in the custody of the secretary, upon making 
the order the court shall provide the secretary with a written copy.
(j) If the court enters an order of temporary custody that provides 
for placement of the child with a person other than the parent, the court 
shall make a child support determination pursuant to K.S.A. 38-2277, 
and amendments thereto.
Sec. 7. K.S.A. 38-2302 is hereby amended to read as follows: 38-
2302. As used in this code, unless the context otherwise requires:
(a) "Commissioner" means the secretary of corrections or the 
secretary's designee.
(b) "Community supervision officer" means any officer from court 
services, community corrections or any other individual authorized to 
supervise a juvenile on an immediate intervention, probation or 
conditional release.
(c) "Conditional release" means release from a term of 
commitment in a juvenile correctional facility for an aftercare term 
pursuant to K.S.A. 38-2369, and amendments thereto, under conditions 
established by the secretary of corrections.
(d) "Court-appointed special advocate" means a responsible adult, 
other than an attorney appointed pursuant to K.S.A. 38-2306, and 
amendments thereto, who is appointed by the court to represent the best 
interests of a child, as provided in K.S.A. 38-2307, and amendments 
thereto, in a proceeding pursuant to this code.
(e) "Detention risk assessment tool" means a risk assessment 
instrument adopted pursuant to K.S.A. 75-7023(f), and amendments 
thereto, used to identify factors shown to be statistically related to a 
juvenile's risk of failing to appear in court or reoffending pre-
adjudication and designed to assist in making detention determinations.
(f) "Educational institution" means all schools at the elementary  HOUSE BILL No. 2021—page 10
and secondary levels.
(g) "Educator" means any administrator, teacher or other 
professional or paraprofessional employee of an educational institution 
who has exposure to a pupil specified in K.S.A. 72-6143(a)(1) through 
(5), and amendments thereto.
(h) "Evidence-based" means practices, policies, procedures and 
programs demonstrated by research to produce reduction in the 
likelihood of reoffending.
(i) "Graduated responses" means a system of community-based 
sanctions and incentives developed pursuant to K.S.A. 75-7023(h) and 
K.S.A. 38-2392, and amendments thereto, used to address violations of 
immediate interventions, terms and conditions of probation and 
conditional release and to incentivize positive behavior.
(j) "Immediate intervention" means all programs or practices 
developed by the county to hold juvenile offenders accountable while 
allowing such offenders to be diverted from formal court processing 
pursuant to K.S.A. 38-2346, and amendments thereto.
(k) "Institution" means the Larned juvenile correctional facility 
and the Kansas juvenile correctional complex.
(l) "Investigator" means an employee of the department of 
corrections assigned by the secretary of corrections with the 
responsibility for investigations concerning employees at the juvenile 
correctional facilities and juveniles in the custody of the secretary of 
corrections at a juvenile correctional facility.
(m) "Jail" means: 
(1) An adult jail or lockup; or
(2) a facility in the same building as an adult jail or lockup, unless 
the facility meets all applicable licensure requirements under law and 
there is: (A) Total separation of the juvenile and adult facility spatial 
areas such that there could be no haphazard or accidental contact 
between juvenile and adult residents in the respective facilities; (B) 
total separation in all juvenile and adult program activities within the 
facilities, including recreation, education, counseling, health care, 
dining, sleeping and general living activities; and (C) separate juvenile 
and adult staff, including management, security staff and direct care 
staff such as recreational, educational and counseling.
(n) "Juvenile" means a person to whom one or more of the 
following applies, the person: (1) Is 10 or more years of age but less 
than 18 years of age; (2) is alleged to be a juvenile offender; or (3) has 
been adjudicated as a juvenile offender and continues to be subject to 
the jurisdiction of the court.
(o) "Juvenile correctional facility" means a facility operated by the 
secretary of corrections for the commitment of juvenile offenders.
(p) "Juvenile corrections officer" means a certified employee of 
the department of corrections working at a juvenile correctional facility 
assigned by the secretary of corrections with responsibility for 
maintaining custody, security and control of juveniles in the custody of 
the secretary of corrections at a juvenile correctional facility.
(q) "Juvenile detention facility" means a public or private facility 
licensed pursuant to article 5 of chapter 65 of the Kansas Statutes 
Annotated, and amendments thereto, which is used for the lawful 
custody of alleged or adjudicated juvenile offenders.
(r) "Juvenile intake and assessment worker" means a responsible 
adult trained and authorized to perform intake and assessment services 
as part of the intake and assessment system established pursuant to 
K.S.A. 75-7023, and amendments thereto.
(s) "Juvenile offender" means a person who commits an offense 
while 10 or more years of age but less than 18 years of age which if 
committed by an adult would constitute the commission of a felony or  HOUSE BILL No. 2021—page 11
misdemeanor as defined by K.S.A. 2022 Supp. 21-5102, and 
amendments thereto, or who violates the provisions of K.S.A. 41-727, 
K.S.A. 74-8810(j) or K.S.A. 2022 Supp. 21-6301(a)(14), and 
amendments thereto, but does not include:
(1) A person 14 or more years of age who commits a traffic 
offense, as defined in K.S.A. 8-2117(d), and amendments thereto;
(2) a person 16 years of age or over who commits an offense 
defined in chapter 32 of the Kansas Statutes Annotated, and 
amendments thereto;
(3) a person under 18 years of age who previously has been:
(A) Convicted as an adult under the Kansas criminal code;
(B) sentenced as an adult under the Kansas criminal code 
following termination of status as an extended jurisdiction juvenile 
pursuant to K.S.A. 38-2364, and amendments thereto; or
(C) convicted or sentenced as an adult in another state or foreign 
jurisdiction under substantially similar procedures described in K.S.A. 
38-2347, and amendments thereto, or because of attaining the age of 
majority designated in that state or jurisdiction.
(t) "Law enforcement officer" means any person who by virtue of 
that person's office or public employment is vested by law with a duty 
to maintain public order or to make arrests for crimes, whether that 
duty extends to all crimes or is limited to specific crimes.
(u) "Overall case length limit" when used in relation to a juvenile 
adjudicated a juvenile offender means the maximum jurisdiction of the 
court following disposition on an individual case. Pursuant to K.S.A. 
38-2304, and amendments thereto, the case and the court's jurisdiction 
shall terminate once the overall case length limit expires and may not 
be extended.
(v) "Parent" when used in relation to a juvenile, includes a 
guardian and every person who is, by law, liable to maintain, care for or 
support the juvenile.
(w) "Probation" means a period of community supervision ordered 
pursuant to K.S.A. 38-2361, and amendments thereto, overseen by 
either court services or community corrections, but not both.
(x) "Reasonable and prudent parenting standard" means the 
standard characterized by careful and sensible parental decisions that 
maintain the health, safety and best interests of a child while at the 
same time encouraging the emotional and developmental growth of the 
child, that a caregiver shall use when determining whether to allow a 
child in foster care under the responsibility of the state to participate in 
extracurricular, enrichment, cultural and social activities.
(y) "Reintegration plan" means a written document prepared in 
consultation with the child's parent or guardian that:
(1) Describes the reintegration goal, which, if achieved, will most 
likely give the juvenile and the victim of the juvenile a permanent and 
safe living arrangement;
(2) describes the child's level of physical health, mental and 
emotional health and educational functioning;
(3) provides an assessment of the needs of the child and family;
(4) describes the services to be provided to the child, the child's 
family and the child's foster parents, if appropriate;
(5) includes a description of the tasks and responsibilities designed 
to achieve the plan and to whom assigned;
(6) includes measurable objectives and time schedules for 
achieving the plan; and
(7) if the child is in an out of home placement:
(A) Provides a statement for the basis of determining that 
reintegration is determined not to be a viable option if such a 
determination is made and includes a plan for another permanent living  HOUSE BILL No. 2021—page 12
arrangement;
(B) describes available alternatives;
(C) justifies the alternative placement selected, including a 
description of the safety and appropriateness of such placement; and
(D) describes the programs and services that will help the child 
prepare to live independently as an adult.
(z) "Risk and needs assessment" means a standardized instrument 
administered on juveniles to identify specific risk factors and needs 
shown to be statistically related to a juvenile's risk of reoffending and, 
when properly addressed, can reduce a juvenile's risk of reoffending.
(aa) "Secretary" means the secretary of corrections or the 
secretary's designee.
(bb) "Technical violation" means an act that violates the terms or 
conditions imposed as part of a probation disposition pursuant to 
K.S.A. 38-2361, and amendments thereto, and that does not constitute a 
new juvenile offense or a new child in need of care violation pursuant 
to K.S.A. 38-2202(d), and amendments thereto.
(cc) "Warrant" means a written order by a judge of the court 
directed to any law enforcement officer commanding the officer to take 
into custody the juvenile named or described therein.
(dd) "Youth residential facility" means any home, foster home or 
structure which provides 24-hour-a-day care for juveniles and which is 
licensed pursuant to article 5 of chapter 65 or article 70 of chapter 75 of 
the Kansas Statutes Annotated, and amendments thereto.
(ee) "Behavioral health crisis" means behavioral and conduct 
issues that impact the safety or health of a juvenile, members of the 
juvenile's household or family or members of the community, including, 
but not limited to, non-life threatening mental health and substance 
abuse concerns.
Sec. 8. K.S.A. 38-2304 is hereby amended to read as follows: 38-
2304. (a) Except as provided in K.S.A. 38-2347, and amendments 
thereto, proceedings concerning a juvenile shall be governed by the 
provisions of this code.
(b) The district court shall have original jurisdiction to receive and 
determine proceedings under this code.
(c) When a complaint is filed under this code, the juvenile shall be 
presumed to be subject to this code, unless the contrary is proved.
(d) Once jurisdiction is acquired by the district court over an 
alleged juvenile offender, except as otherwise provided in subsection 
(e), jurisdiction shall continue until one of the following occurs:
(1) The complaint is dismissed;
(2) the juvenile is adjudicated not guilty at trial;
(3) the juvenile, after being adjudicated guilty and sentenced:
(i) Successfully completes the term of probation;
(ii) is discharged by the secretary pursuant to K.S.A. 38-2376, and 
amendments thereto;
(iii) reaches the juvenile's 21
st
 birthday and no exceptions apply 
that extend jurisdiction beyond age 21 years of age; or
(iv) reaches the overall case length limit;
(4) the court terminates jurisdiction; or
(5) the juvenile is convicted of a crime as an adult pursuant to 
chapter 22 of the Kansas Statutes Annotated, and amendments thereto.
(e) Once jurisdiction is acquired by the district court over an 
alleged juvenile offender, it shall continue beyond the juvenile 
offender's 21
st
 birthday but no not later than the juvenile offender's 23
rd 
birthday if:
(1) The juvenile offender is sentenced pursuant to K.S.A. 38-2369, 
and amendments thereto, and the term of the sentence including 
successful completion of conditional release extends beyond the  HOUSE BILL No. 2021—page 13
juvenile offender's 21
st
 birthday but does not extend beyond the overall 
case length limit; or
(2) the juvenile offender is sentenced pursuant to an extended 
jurisdiction juvenile prosecution and continues to successfully serve the 
sentence imposed pursuant to the revised Kansas juvenile justice code.
(f) Termination of jurisdiction pursuant to this section shall have 
no effect on the juvenile offender's continuing responsibility to pay 
restitution ordered.
(g) (1) If a juvenile offender, at the time of sentencing, is in an out 
of home out-of-home placement in the custody of the secretary for 
children and families under the Kansas code for care of children, the 
sentencing court may order the continued placement of the juvenile 
offender as a child in need of care.
(2) Court services, community corrections and the department of 
corrections shall address the risks and needs of the juvenile offender 
according to the results of the risk and needs assessment.
(3) If the juvenile offender is placed in the custody of the secretary 
of corrections, the secretary for children and families shall be 
responsible for collaborating with the department of corrections to 
furnish services ordered in the child in need of care proceeding during 
the time of the placement pursuant to the revised Kansas juvenile 
justice code. Nothing in this subsection shall preclude the juvenile 
offender from accessing services provided by the Kansas department 
for children and families or any other state agency if the juvenile 
offender is otherwise eligible for the services.
(h) If a juvenile or juvenile offender is eligible to receive services 
from the Kansas department for children and families, the department 
of corrections or the judicial branch, such agencies shall collaborate 
to provide such services. Nothing in this code shall preclude the 
juvenile or juvenile offender from accessing services provided by the 
Kansas department for children and families, the department of 
corrections, the judicial branch or any other state agency if the 
juvenile or juvenile offender is otherwise eligible for the services.
(i) A court's order issued in a proceeding pursuant to this code, 
shall take precedence over such orders in a proceeding under chapter 
23 of the Kansas Statutes Annotated, and amendments thereto, the 
Kansas family law code, a proceeding under article 31 of chapter 60 of 
the Kansas Statutes Annotated, and amendments thereto, protection 
from abuse act, a proceeding under article 21 of chapter 59 of the 
Kansas Statutes Annotated, and amendments thereto, adoption and 
relinquishment act, a proceeding under article 30 of chapter 59 of the 
Kansas Statutes Annotated, and amendments thereto, guardians and 
conservators, or a comparable case in another jurisdiction, except as 
provided by K.S.A. 2022 Supp. 23-37,101 et seq., and amendments 
thereto, uniform child custody jurisdiction and enforcement act.
Sec. 9. K.S.A. 38-2330 is hereby amended to read as follows: 38-
2330. (a) A law enforcement officer may take a juvenile into custody 
when:
(1) Any offense has been or is being committed in the officer's 
view;
(2) the officer has a warrant commanding that the juvenile be 
taken into custody;
(3) the officer has probable cause to believe that a warrant or order 
commanding that the juvenile be taken into custody has been issued in 
this state or in another jurisdiction for an act committed therein;
(4) the officer has probable cause to believe that the juvenile is 
committing or has committed an act which, if committed by an adult, 
would constitute:
(A) A felony; or HOUSE BILL No. 2021—page 14
(B) a misdemeanor and: (i) The juvenile will not be apprehended 
or evidence of the offense will be irretrievably lost unless the juvenile 
is immediately taken into custody; or (ii) the juvenile may cause injury 
to self or others or damage to property or may be injured unless 
immediately taken into custody;
(5) the officer has probable cause to believe that the juvenile has 
violated an order for electronic monitoring as a term of probation; or
(6) the officer receives a written statement pursuant to subsection 
(c).
(b) A court services officer, juvenile community corrections 
officer or other person authorized to supervise juveniles subject to this 
code, may take a juvenile into custody when: (1) There is a warrant 
commanding that the juvenile be taken into custody; or (2) the officer 
has probable cause to believe that a warrant or order commanding that 
the juvenile be taken into custody has been issued in this state or in 
another jurisdiction for an act committed therein.
(c) Any court services officer, juvenile community corrections 
officer or other person authorized to supervise juveniles subject to this 
code, may request a warrant by giving the court a written statement 
setting forth that the juvenile, in the judgment of the court services 
officer, juvenile community corrections officer or other person 
authorized to supervise juveniles subject to this code:
(1) (A) Has violated the condition of the juvenile's conditional 
release from detention or probation, for the third or subsequent time; 
and
(B) poses a significant risk of physical harm to another or damage 
to property; or
(2) has absconded from supervision.
(d) (1) A juvenile taken into custody by a law enforcement officer 
or other person authorized pursuant to subsection (b) shall be brought 
without unnecessary delay to the custody of the juvenile'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 or would pose 
a risk to public safety or property.
(2) If the juvenile cannot be delivered to the juvenile's parent or 
custodian, the officer may:
(A) Issue a notice to appear pursuant to subsection (g);
(B) contact or deliver the juvenile to an intake and assessment 
worker for completion of the intake and assessment process pursuant to 
K.S.A. 75-7023, and amendments thereto; or
(C) if the juvenile is determined to not be detention eligible based 
on a standardized detention risk assessment tool and is experiencing a 
mental behavioral health crisis, deliver a juvenile to a juvenile crisis 
intervention center, as described in K.S.A. 65-536, and amendments 
thereto, after written authorization by a community mental health 
center.
(3) It shall be the duty of the officer to furnish the county or 
district attorney and the juvenile intake and assessment worker if the 
officer has delivered the juvenile to the worker or issued a notice to 
appear consistent with subsection (g), with all of the information in the 
officer's possession pertaining to the juvenile, the juvenile's parent or 
other persons interested in or likely to be interested in the juvenile and 
all other facts and circumstances which caused the juvenile to be 
arrested or taken into custody.
(e) In the absence of a court order to the contrary, the court or 
officials designated by the court, the county or district attorney or the 
law enforcement agency taking a juvenile into custody shall direct the 
release prior to the time specified by K.S.A. 38-2343(a), and 
amendments thereto. In addition, pursuant to K.S.A. 75-7023 and  HOUSE BILL No. 2021—page 15
K.S.A. 38-2346, and amendments thereto, a juvenile intake and 
assessment worker shall direct the release of a juvenile prior to a 
detention hearing after the completion of the intake and assessment 
process.
(f) Whenever a person 18 years of age or more is taken into 
custody by a law enforcement officer for an alleged offense which was 
committed prior to the time the person reached the age of 18, the 
officer shall notify and refer the matter to the court for proceedings 
pursuant to this code, except that the provisions of this code relating to 
detention hearings shall not apply to that person. If such person is 
eligible for detention, and all suitable alternatives to detention have 
been exhausted, the person shall be detained in jail. Unless the law 
enforcement officer took the person into custody pursuant to a warrant 
issued by the court and the warrant specifies the amount of bond or 
indicates that the person may be released on personal recognizance, the 
person shall be taken before the court of the county where the alleged 
act took place or, at the request of the person, the person shall be taken, 
without delay, before the nearest court. The court shall fix the terms and 
conditions of an appearance bond upon which the person may be 
released from custody. The provisions of article 28 of chapter 22 of the 
Kansas Statutes Annotated and K.S.A. 22-2901, and amendments 
thereto, relating to appearance bonds and review of conditions and 
release shall be applicable to appearance bonds provided for in this 
section.
(g) (1) Whenever a law enforcement officer detains any juvenile 
and such juvenile is not immediately taken to juvenile intake and 
assessment services, the officer may serve upon such juvenile a written 
notice to appear. Such notice to appear shall contain the name and 
address of the juvenile detained, the crime charged and the location and 
phone number of the juvenile intake and assessment services office 
where the juvenile will need to appear with a parent or guardian.
(2) The juvenile intake and assessment services office specified in 
such notice to appear must be contacted by the juvenile or a parent or 
guardian no more than 48 hours after such notice is given, excluding 
weekends and holidays.
(3) The juvenile detained, in order to secure release as provided in 
this section, must give a written promise to call within the time 
specified by signing the written notice prepared by the officer. The 
original notice shall be retained by the officer and a copy shall be 
delivered to the juvenile detained and that juvenile's parent or guardian 
if such juvenile is under 18 years of age. The officer shall then release 
the juvenile.
(4) The law enforcement officer shall cause to be filed, without 
unnecessary delay, a complaint with juvenile intake and assessment 
services in which a juvenile released pursuant to paragraph (3) is given 
notice to appear, charging the crime stated in such notice. A copy shall 
also be provided to the district or county attorney. If the juvenile 
released fails to contact juvenile intake and assessment services as 
required in the notice to appear, juvenile intake and assessment services 
shall notify the district or county attorney.
(5) The notice to appear served pursuant to paragraph (1) and the 
complaint filed pursuant to paragraph (4) may be provided to the 
juvenile in a single citation.
Sec. 10. K.S.A. 38-2391 is hereby amended to read as follows: 38-
2391. (a) Upon adjudication as a juvenile offender pursuant to K.S.A. 
38-2356, and amendments thereto, modification of sentence pursuant to 
K.S.A. 38-2367, and amendments thereto, or violation of a condition of 
sentence pursuant to K.S.A. 38-2368, and amendments thereto, the 
court may impose one or more of the sentencing alternatives under  HOUSE BILL No. 2021—page 16
K.S.A. 38-2361, and amendments thereto, for a period of time pursuant 
to this section and K.S.A. 38-2369, and amendments thereto. The 
period of time ordered by the court shall not exceed the overall case 
length limit.
(b) Except as provided in subsection (c), the overall case length 
limit shall be calculated based on the adjudicated offense and the 
results of a risk and needs assessment, as follows:
(1) Offenders adjudicated for a misdemeanor may remain under 
the jurisdiction of the court for up to 12 months;
(2) low-risk and moderate-risk offenders adjudicated for a felony 
may remain under court jurisdiction for up to 15 months; and
(3) high-risk offenders adjudicated for a felony may remain under 
court jurisdiction for up to 18 months.
(c) There shall be no overall case length limit for a juvenile 
adjudicated for a felony which, if committed by an adult, would 
constitute an off-grid felony or a nondrug severity level 1 through 4 
person felony.
(d) When a juvenile is adjudicated for multiple counts, the 
maximum overall case length shall be calculated based on the most 
severe adjudicated count or any other adjudicated count at the court's 
discretion. The court shall not run multiple adjudicated counts 
consecutively.
(e) When the juvenile is adjudicated for multiple cases 
simultaneously, the court shall run those such cases concurrently.
(f) Upon expiration of the overall case length limit as defined in 
subsection (b), the court's jurisdiction terminates and shall not be 
extended, except as provided in subsection (g)(2).
(g) (1) For the purposes of placing juvenile offenders on probation 
pursuant to K.S.A. 38-2361, and amendments thereto, the court shall 
establish a specific term of probation as specified in this subsection 
based on the most serious adjudicated count in combination with the 
results of a risk and needs assessment, as follows, except that the term 
of probation shall not exceed the overall case length limit:
(A) Low-risk and moderate-risk offenders adjudicated for a 
misdemeanor and low-risk offenders adjudicated for a felony may be 
placed on probation for a term up to six months;
(B) high-risk offenders adjudicated for a misdemeanor and 
moderate-risk offenders adjudicated for a felony may be placed on 
probation for a term up to nine months; and
(C) high-risk offenders adjudicated for a felony may be placed on 
probation for a term up to 12 months.
(2) The court may extend the term of probation if a juvenile needs 
time to complete an evidence-based program as determined to be 
necessary based on the results of a validated risk and needs assessment 
and, if necessary, may extend the overall case length limit to allow for 
completion of such program when failure to complete such program is 
due to a repeated, intentional effort to delay by the juvenile as reported 
by the evidence-based services provider. The court may also extend the 
term of probation for good cause shown for one month for low-risk 
offenders, three months for moderate-risk offenders and six months for 
high-risk offenders. Prior to extension of the initial probationary term, 
the court shall find and enter into the written record the criteria 
permitting extension of probation. Extensions of probation and the 
overall case length limit shall only be granted incrementally and shall 
not exceed the overall case length limit. When the court extends the 
term of probation for a juvenile offender, the court services officer or 
community correctional services officer responsible for monitoring 
such juvenile offender shall record the reason given for extending 
probation. Court services officers shall report such records to the office  HOUSE BILL No. 2021—page 17
of judicial administration, and community correctional services officers 
shall report such records to the department of corrections. The office of 
judicial administration and the department of corrections shall report 
such recorded data to the Kansas juvenile justice oversight committee 
on a quarterly basis.
(3) The probation term limits do not apply to those offenders 
adjudicated for an offense which, if committed by an adult, would 
constitute an off-grid crime, rape as defined in K.S.A. 2022 Supp. 21-
5503(a)(1), and amendments thereto, aggravated criminal sodomy as 
defined in K.S.A. 2022 Supp. 21-5504(b)(3), and amendments thereto, 
or murder in the second degree as defined in K.S.A. 2022 Supp. 21-
5403, and amendments thereto. Such offenders may be placed on 
probation for a term consistent with the overall case length limit.
(4) The probation term limits and overall case length limits 
provided in this section shall be tolled during any time that the offender 
has absconded from supervision while on probation, and the time on 
such limits shall not start to run again until the offender is located and 
brought back to the jurisdiction.
(h) For the purpose of placing juvenile offenders in detention 
pursuant to K.S.A. 38-2361 and 38-2369, and amendments thereto, the 
court shall establish a specific term of detention. The term of detention 
shall not exceed the overall case length limit or the cumulative 
detention limit. Cumulative detention use shall be limited to a 
maximum of 45 days over the course of the juvenile offender's case, 
except that there shall be no limit on cumulative detention for juvenile 
offenders adjudicated for a felony which, if committed by an adult, 
would constitute an off-grid felony or a nondrug severity level 1 
through 4 person felony.
(i) The provisions of this section shall apply upon disposition or 
15 days after adjudication, whichever is sooner, unless the juvenile fails 
to appear for such juvenile's dispositional hearing. If a juvenile fails to 
appear at such juvenile's dispositional hearing, the probation term limits 
and overall case length limits provided in this section shall not apply 
until the juvenile is brought before the court for disposition in such 
juvenile's case.
(j) This section shall be a part of and supplemental to the revised 
Kansas juvenile justice code.
Sec. 11. K.S.A. 38-2392 is hereby amended to read as follows: 38-
2392. (a) The department of corrections shall, in consultation with the 
supreme court, adopt rules and regulations by January 1, 2017, for a 
statewide system of structured community-based graduated responses 
for technical violations of probation, violations of conditional release 
and violations of a condition of sentence by juveniles. Such graduated 
responses shall be utilized by community supervision officers to 
provide a continuum of community-based responses. These responses 
shall include sanctions that are swift and certain to address violations 
based on the severity of the violation as well as incentives that 
encourage positive behaviors. Such responses shall take into account 
the juvenile's risks and needs. The court services officer or community 
correctional services officer shall immediately notify the court and 
shall submit in writing a report showing in what manner the juvenile 
has violated probation, conditional release or a condition of sentence.
(b) (1) Except as provided in paragraph (4), when a juvenile is 
placed on probation pursuant to K.S.A. 38-2361, and amendments 
thereto, community supervision officers shall utilize graduated 
responses, targeted to the juvenile's risks and needs based on the results 
of a risk and needs assessment to address technical violations. A 
technical violation shall only be considered by the court for revocation 
if: HOUSE BILL No. 2021—page 18
(1)(A) It is a third or subsequent technical violation;
(2)(B) prior failed responses are documented in the juvenile's case 
plan; and
(3)(C) the community supervision officer has determined and 
documented that graduated responses to the violation will not suffice.
(2) Unless a juvenile poses a significant risk of physical harm to 
another or damage to property, community supervision officers shall 
issue a summons rather than request a warrant on a third or subsequent 
technical violation subject to review by the court.
(3) Absconding from supervision shall not be considered a 
technical violation of probation and, after reasonable efforts to locate a 
juvenile that has absconded are unsuccessful, the court may issue a 
warrant for the juvenile pursuant to K.S.A. 38-2342, and amendments 
thereto.
(4) When a juvenile is placed on probation pursuant to K.S.A. 38-
2361, and amendments thereto, a judge may commit such juvenile to 
detention for a violation of probation and for contempt of court if the 
judge makes a finding that the juvenile is demonstrating escalating use 
of physical violence, aggression, weapons, damage to property or life-
threatening substances. A juvenile may be committed to detention for a 
period not to exceed:
(A) 24 hours for a first violation;
(B) 48 hours for a second violation; and
(C) 15 days for a third or subsequent violation.
(c) When a juvenile is placed on probation pursuant to K.S.A. 38-
2361, and amendments thereto, the community supervision officer 
responsible for oversight of the juvenile shall develop a case plan in 
consultation with the juvenile and the juvenile's family. The department 
for children and families and local board of education may participate 
in the development of the case plan when appropriate.
(1) Such case plan shall incorporate the results of the risk and 
needs assessment, referrals to programs, documentation on violations 
and graduated responses and shall clearly define the role of each person 
or agency working with the juvenile.
(2) If the juvenile is later committed to the custody of the 
secretary, the case plan shall be shared with the juvenile correctional 
facility.
(d) This section shall be a part of and supplemental to the revised 
Kansas juvenile justice code.
Sec. 12. K.S.A. 65-536 is hereby amended to read as follows: 65-
536. (a) A juvenile crisis intervention center is a facility that provides 
short-term observation, assessment, treatment and case planning, and 
referral for any juvenile who is experiencing a mental behavioral health 
crisis and is likely to cause harm to self or others. Such centers shall:
(1) Address or ensure access to the broad range of services to meet 
the needs of a juvenile admitted to the center, including, but not limited 
to, medical, psychiatric, psychological, social and, educational and 
substance abuse-related services;
(2) not include construction features designed to physically restrict 
the movements and activities of juveniles, but shall have a design, 
structure, interior and exterior environment, and furnishings to promote 
a safe, comfortable and therapeutic environment for juveniles admitted 
to the center;
(3) implement written policies and procedures that include the use 
of a combination of supervision, inspection and accountability to 
promote safe and orderly operations; and
(4) implement written policies and procedures for staff monitoring 
of all center entrances and exits.
(b) A juvenile crisis intervention center shall provide treatment to  HOUSE BILL No. 2021—page 19
juveniles admitted to such center, as appropriate while admitted.
(c) A juvenile crisis intervention center may be on the same 
premises as that of another licensed facility. If the juvenile crisis 
intervention center is on the same premises as that of another licensed 
facility, the living unit of the juvenile crisis intervention center shall be 
maintained in a separate, self-contained unit. No juvenile crisis 
intervention center shall be in a city or county jail or a juvenile 
detention facility.
(d) (1) A juvenile may be admitted to a juvenile crisis intervention 
center when:
(A) The head of such center determines such juvenile is in need of 
treatment and likely to cause harm to self or others;
(B) a qualified mental health professional from a community 
mental health center has given written authorization for such juvenile to 
be admitted to a juvenile crisis intervention center; and
(C) no other more appropriate treatment services are available and 
accessible to the juvenile at the time of admission.
(2) A juvenile may be admitted to a juvenile crisis intervention 
center for not more than 30 days. A parent with legal custody or legal 
guardian of a juvenile placed in a juvenile crisis intervention center 
may remove such juvenile from the center at any time. If the removal 
may cause the juvenile to become a child in need of care pursuant to 
K.S.A. 38-2202(d), and amendments thereto, the head of a juvenile 
crisis intervention center may report such concerns to the department 
for children and families or law enforcement or may request the county 
or district attorney to initiate proceedings pursuant to the revised 
Kansas code for care of children. If the head of a juvenile crisis 
intervention center determines the most appropriate action is to request 
the county or district attorney to initiate proceedings pursuant to the 
revised Kansas code for care of children, the head of such center shall 
make such request and shall keep such juvenile in the center for an 
additional 24-hour period to initiate the appropriate proceedings.
(3) When a juvenile is released from a juvenile crisis intervention 
center, the managed care organization, if the juvenile is a medicaid 
recipient, and the community mental health center serving the area 
where the juvenile is being discharged shall be involved with discharge 
planning. Within seven days prior to the discharge of a juvenile, the 
head of the juvenile crisis intervention center shall give written notice 
of the date and time of the discharge to the patient, the managed care 
organization, if the juvenile is a medicaid recipient, and the community 
mental health center serving the area where the juvenile is being 
discharged, and the patient's parent, custodian or legal guardian.
(e) (1) Upon admission to a juvenile crisis intervention center, and 
if the juvenile is a medicaid recipient, the managed care organization 
shall approve services as recommended by the head of the juvenile 
crisis intervention center. Within 14 days after admission, the head of 
the juvenile crisis intervention center shall develop a plan of treatment 
for the juvenile in collaboration with the managed care organization.
(2) Nothing in this subsection shall prohibit the department of health 
and environment from administering or reimbursing state medicaid 
services to any juvenile admitted to a juvenile crisis intervention center 
pursuant to a waiver granted under section 1915(c) of the federal social 
security act, provided that such services are not administered through a 
managed care delivery system.
(3) Nothing in this subsection shall prohibit the department of 
health and environment from reimbursing any state medicaid services 
that qualify for reimbursement and that are provided to a juvenile 
admitted to a juvenile crisis intervention center.
(4) Nothing in this subsection shall impair or otherwise affect the  HOUSE BILL No. 2021—page 20
validity of any contract in existence on July 1, 2018, between a 
managed care organization and the department of health and 
environment to provide state medicaid services.
(5) On or before January 1, 2019, the secretary of health and 
environment shall submit to the United States centers for medicare and 
medicaid services any approval request necessary to implement this 
subsection.
(f) The secretary for children and families, in consultation with the 
attorney general, shall promulgate rules and regulations to implement 
the provisions of this section on or before January 1, 2019.
(g) The secretary for children and families shall annually report 
information on outcomes of juveniles admitted into juvenile crisis 
intervention centers to the joint committee on corrections and juvenile 
justice oversight, the corrections and juvenile justice committee of the 
house of representatives and the judiciary committee of the senate. 
Such report shall include:
(1) The number of admissions, releases and the lengths of stay for 
juveniles admitted to juvenile crisis intervention centers;
(2) services provided to juveniles admitted;
(3) needs of juveniles admitted determined by evidence-based 
assessment; and
(4) success and recidivism rates, including information on the 
reduction of involvement of the child welfare system and juvenile 
justice system with the juvenile.
(h) The secretary of corrections may enter into memorandums of 
agreement with other cabinet agencies to provide funding, not to 
exceed $2,000,000 annually, from the evidence-based programs 
account of the state general fund or other available appropriations for 
juvenile crisis intervention services.
(i) For the purposes of this section:
(1) "Behavioral health crisis" means behavioral and conduct 
issues that impact the safety or health of a juvenile, members of the 
juvenile's household or family or members of the community, including, 
but not limited to, non-life threatening mental health and substance 
abuse concerns;
(2) "head of a juvenile crisis intervention center" means the 
administrative director of a juvenile crisis intervention center or such 
person's designee;
(2)(3) "juvenile" means a person who is less than 18 years of age;
(3)(4) "likely to cause harm to self or others" means that a 
juvenile, by reason of the juvenile's behavioral health condition, mental 
disorder or mental condition is likely, in the reasonably foreseeable 
future, to cause substantial physical injury or physical abuse to self or 
others or substantial damage to another's property, as evidenced by 
behavior threatening, attempting or causing such injury, abuse or 
damage;
(4)(5) "treatment" means any service intended to promote the 
mental health of the patient and rendered by a qualified professional, 
licensed or certified by the state to provide such service as an 
independent practitioner or under the supervision of such practitioner; 
and
(5)(6) "qualified mental health professional" means a physician or 
psychologist who is employed by a participating mental health center 
or who is providing services as a physician or psychologist under a 
contract with a participating mental health center, a licensed masters 
level psychologist, a licensed clinical psychotherapist, a licensed 
marriage and family therapist, a licensed clinical marriage and family 
therapist, a licensed professional counselor, a licensed clinical 
professional counselor, a licensed specialist social worker or a licensed  HOUSE BILL No. 2021—page 21
master social worker or a registered nurse who has a specialty in 
psychiatric nursing, who is employed by a participating mental health 
center and who is acting under the direction of a physician or 
psychologist who is employed by, or under contract with, a 
participating mental health center.
(j) This section shall be part of and supplemental to article 5 of 
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
Sec. 13. K.S.A. 75-52,162 is hereby amended to read as follows: 
75-52,162. (a) (1) The department of corrections and the Kansas 
juvenile justice oversight committee shall explore methods of 
exchanging confidential data between all parts of the juvenile justice 
system. Such data exchange shall be limited based on the needs of the 
user accessing the data. Such method of exchanging data shall take into 
consideration sharing data that is necessary for continuity of treatment 
and correctional programs, including, but not limited to, health care 
requirements, mental health care needs and history, substance abuse 
treatment and history, recommendations for emergency placement 
options and any other information to assist in providing proper care to 
the juvenile. The department of corrections is authorized to use grant 
funds, allocated state funds or any other accessible funding necessary 
to create such data exchange system. All state and local programs 
involved in the care of juveniles involved in the juvenile justice system 
or the child in need of care system shall cooperate in the development 
and utilization of such system.
(2) (A) On or before July 1, 2025, the department of corrections 
shall develop a system to facilitate the exchanging of confidential data 
described in paragraph (1). The department may contract with another 
entity to provide an electronic record system that is not maintained by 
the department. Such system shall include a verification system that is 
operated by the department for the purpose of verifying the authenticity 
and validity of electronic records. The electronic records maintained in 
such system shall have the same legal effect as paper records.
(B) The department shall report to the joint committee on 
corrections and juvenile justice oversight, the house of representatives 
standing committee on corrections and juvenile justice, the house of 
representatives standing committee on appropriations, the senate 
standing committee on judiciary and the senate standing committee on 
ways and means on the progress of development on or before the first 
day of the 2024 regular session of the legislature.
(b) The department of corrections shall establish and maintain a 
statewide searchable database that contains information regarding 
juveniles who participate in an immediate intervention program. 
County and district attorneys, judges, community supervision officers 
and juvenile intake and assessment workers shall have access to the 
database and shall submit necessary data to such database. The 
department of corrections shall, in consultation with the office of 
judicial administration, adopt rules and regulations to carry out the 
provisions of this subsection.
Sec. 14. K.S.A. 75-52,164 is hereby amended to read as follows: 
75-52,164. (a) (1) There is hereby established in the state treasury the 
evidence-based programs account of the state general fund, which shall 
be administered by the department of corrections. All expenditures 
from the evidence-based programs account of the state general fund 
shall be for the development and implementation of evidence-based 
community programs and practices for:
(A) Juvenile offenders, and their families;
(B) juveniles experiencing mental behavioral health crisis and 
their families;
(C) children who have been administered a risk and needs  HOUSE BILL No. 2021—page 22
assessment and have been identified as needing services pursuant to 
section 1, and amendments thereto; and
(D) grants as provided in subsection (e).
(2) Evidence-based community programs and practices may be 
administered by community supervision offices, including, but not 
limited to, juvenile intake and assessment, court services, community 
corrections and, juvenile crisis intervention centers, community mental 
health centers, community health centers, the youth advocate program, 
jobs for America's graduates Kansas transition services and any other 
community-based service provider offering evidence-based community 
programs.
(3) All expenditures from the evidence-based programs account of 
the state general fund shall be made in accordance with appropriation 
acts upon warrants of the director of accounts and reports issued 
pursuant to vouchers approved by the secretary of corrections or the 
secretary's designee.
(b) At least annually, throughout the year, the secretary of 
corrections shall determine and certify to the director of accounts and 
reports the amount in each account of the state general fund of a state 
agency that has been determined by the secretary to be actual or 
projected cost savings as a result of cost avoidance resulting from 
decreased reliance on incarceration in the juvenile correctional facility 
and placement in youth residential centers. The baseline shall be 
calculated on the cost of incarceration and placement in fiscal year 
2015.
(c) Upon receipt of a certification pursuant to subsection (b), the 
director of accounts and reports shall transfer the amount certified 
pursuant to subsection (b) from each account of the state general fund 
of a state agency that has been determined by the secretary of 
corrections to be actual or projected cost savings to the evidence-based 
programs account of the state general fund.
(d) Prioritization of evidence-based programs account of the state 
general fund moneys will be given to regions that demonstrate a high 
rate of out-of-home placement of juvenile offenders per capita that 
have few existing community-based alternatives.
(e) During fiscal years 2017 and 2018, the secretary of corrections 
shall transfer an amount not to exceed $8,000,000 from appropriated 
department of corrections moneys from the state general fund or any 
available special revenue fund or funds that are budgeted for the 
purposes of facilitating the development and implementation of new 
community placements in conjunction with the reduction in out-of-
home placements. (1) The secretary of corrections shall develop and 
implement a grant program with the goal of implementing evidence-
based community programs described in subsection (a) and promising 
practices throughout the state, subject to the availability of funding in 
the evidence-based programs account of the state general fund after 
other expenditures for evidence-based programs are made. The 
secretary shall adopt grant requirements in accordance with this 
section. Any provider of evidence-based community programs for 
juveniles may apply for a grant. The grant program shall give priority 
to any county that demonstrates a low availability of evidence-based 
community programs for juveniles. The secretary shall evaluate the 
programs that received a grant to ensure the program is being 
delivered as such program was designed.
(2) Child welfare case management providers shall not be eligible 
to receive grants under this subsection.
(f) Expenditures made from the evidence-based programs account 
of the state general fund shall be made promptly and on a rolling basis 
to develop and implement evidence-based community programs as  HOUSE BILL No. 2021—page 23
services are needed throughout the state.
(g) The evidence-based programs account of the state general fund 
and any other moneys transferred pursuant to this section shall be used 
for the purposes set forth in this section and for no other governmental 
purposes. It is the intent of the legislature that the funds and the moneys 
deposited in this fund shall remain intact and inviolate for the purposes 
set forth in this section.
Sec. 15. K.S.A. 38-2202, 38-2203, 38-2231, 38-2243, 38-2302, 
38-2304, 38-2330, 38-2391, 38-2392, 65-536, 75-52,162 and 75-52,164 
are hereby repealed.
Sec. 16. This act shall take effect and be in force from and after its 
publication in the statute book.
I hereby certify that the above BILL originated in the 
HOUSE, and was adopted by that body
                                                                            
HOUSE adopted
Conference Committee Report                                                     
                                                                               
Speaker of the House.          
                                                                               
Chief Clerk of the House.     
Passed the SENATE
          as amended                                                      
SENATE adopted
Conference Committee Report                                                             
                                                                               
President of the Senate.       
                                                                               
Secretary of the Senate.       
APPROVED                                                                 
     
                                                                                                              
Governor.