Session of 2023
HOUSE BILL No. 2033
By Committee on Corrections and Juvenile Justice
1-13
AN ACT concerning children and minors; relating to children in need of
care; juvenile crisis intervention centers; changing the criteria used to
refer and admit juveniles; defining behavioral health crisis; amending
K.S.A. 38-2202, 38-2231, 38-2243, 38-2302, 38-2330, 65-536 and 75-
52,164 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. 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.
(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
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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 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
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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
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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 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
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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 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
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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. 2. 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 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.
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(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. 3. 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 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
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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
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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 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.
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Sec. 4. 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 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
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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 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;
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(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
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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
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. 5. 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
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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
(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);
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(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 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.
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(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. 6. 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
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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
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
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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
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
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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 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. 7. K.S.A. 75-52,164 is hereby amended to read as follows: 75-
52,164. (a) There is hereby established in the state treasury the evidence-
based programs account of the state general fund, which shall be
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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 juvenile offenders, juveniles experiencing mental
behavioral health crisis and their families by community supervision
offices, including, but not limited to, juvenile intake and assessment, court
services, community corrections and juvenile crisis intervention centers.
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.
(f) 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. 8. K.S.A. 38-2202, 38-2231, 38-2243, 38-2302, 38-2330, 65-536
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and 75-52,164 are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.
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