Session of 2025
HOUSE BILL No. 2329
By Committee on Corrections and Juvenile Justice
Requested by Representative Lewis
2-7
AN ACT concerning children and minors; relating to the revised Kansas
juvenile justice code; providing for increased placement of juvenile
offenders in non-foster home beds in youth residential facilities;
requiring the secretary of corrections to pay for the costs associated
with such placements; authorizing the secretary to make expenditures
from the evidence-based programs account of the state general fund
moneys to contract for such beds in youth residential facilities;
amending K.S.A. 38-2361, 38-2365, 38-2369 and 38-2399 and K.S.A.
2024 Supp. 75-52,164 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 38-2361 is hereby amended to read as follows: 38-
2361. (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 following sentencing alternatives for a
fixed period pursuant to K.S.A. 38-2369 and 38-2391, and amendments
thereto.
(1) Place the juvenile on probation for a fixed period pursuant to
K.S.A. 38-2391, and amendments thereto, subject to terms and conditions
the court deems appropriate consistent with juvenile justice programs in
the community. Any juvenile placed on probation shall be supervised
according to the juvenile's risk and needs as determined by a risk and
needs assessment. Placement of juvenile offenders to community
corrections for probation supervision shall be limited to offenders
adjudicated for an offense that are determined to be moderate-risk, high-
risk or very high-risk on a risk and needs assessment using the cutoff
scores established by the secretary pursuant to K.S.A. 38-2360, and
amendments thereto.
(2) Order the juvenile to participate in a community based program
available in such judicial district subject to the terms and conditions the
court deems appropriate. This alternative shall not be ordered with the
alternative in paragraph (11). Requirements pertaining to child support
may apply if custody is vested with other than a parent.
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(3) Place the juvenile in the custody of a parent or other suitable
person, which is not a group home or other facility licensed pursuant to
article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
thereto, subject to terms and conditions consistent with juvenile justice
programs in the community. This alternative shall not be ordered with the
alternative in paragraph (10) or (11). Requirements pertaining to child
support may apply if custody is vested with other than a parent.
(4) Order the juvenile to attend counseling, educational, mediation or
other sessions, or to undergo a drug evaluation pursuant to subsection (b).
(5) Suspend or restrict the juvenile's driver's license or privilege to
operate a motor vehicle on the streets and highways of this state pursuant
to subsection (c).
(6) Order the juvenile to perform charitable or community service
work.
(7) Order the juvenile to make appropriate reparation or restitution
pursuant to subsection (d).
(8) Order the juvenile to pay a fine not exceeding $1,000 pursuant to
subsection (e).
(9) Place the juvenile under a house arrest program administered by
the court pursuant to K.S.A. 21-6609, and amendments thereto.
(10) Place the juvenile in the custody of the secretary of corrections
as provided in K.S.A. 38-2365, and amendments thereto, and order the
secretary to place the juvenile in a youth residential facility. This
alternative shall not be ordered with the alternative in paragraph (3) or
(12). Except for mandatory drug and alcohol evaluation, when this
alternative is ordered with alternatives in paragraphs (2), (4) and (9), such
orders shall constitute a recommendation by the court. Requirements
pertaining to child support shall apply under this alternative. The
provisions of this paragraph shall expire on January 1, 2018.
(11) Upon a violation of a condition of sentence, other than a
technical violation pursuant to K.S.A. 38-2368, and amendments thereto,
commit the juvenile to detention for a period no longer than 30 days
subject to the provisions of subsection (g).
(12) If the judge finds and enters into the written record that the
juvenile poses a significant risk of harm to another or damage to property,
and the juvenile is otherwise eligible for commitment pursuant to K.S.A.
38-2369, and amendments thereto, commit the juvenile directly to the
custody of the secretary of corrections for placement in a juvenile
correctional facility or a youth residential facility. Placement in a youth
residential facility shall only be permitted as authorized in K.S.A. 38-
2369(e), and amendments thereto. If the court elects, a period of
conditional release pursuant to K.S.A. 38-2369, and amendments thereto,
may also be ordered. The period of conditional release shall be limited to a
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maximum of six months and shall be subject to graduated responses.
Twenty-one days prior to the juvenile's release from a juvenile correctional
facility, the secretary of corrections or designee shall notify the court of the
juvenile's anticipated release date. This alternative may be ordered with the
alternative in paragraph (7). Requirements pertaining to child support shall
apply under this alternative.
(13) Upon a finding by the trier of fact during adjudication that a
firearm was used in the commission of an offense by the accused which, if
committed by an adult, would constitute a felony, a judge may commit the
juvenile directly to the custody of the secretary of corrections for
placement in a juvenile correctional facility or youth residential facility for
a minimum term of six months and up to a maximum term of 18 months,
regardless of the risk level of such juvenile as determined by a risk and
needs assessment. If the juvenile is committed to the custody of the
secretary, and the court elects, a period of conditional release, pursuant to
K.S.A. 38-2369, and amendments thereto, may also be ordered. The period
of conditional release shall be limited to a maximum of six months and
shall be subject to graduated responses. Twenty-one days prior to the
juvenile's release from a juvenile correctional facility or youth residential
facility, the secretary of corrections or the secretary's designee shall notify
the court of the juvenile's anticipated release date.
(b) If the court orders the juvenile to attend counseling, educational,
mediation or other sessions, or to undergo a drug and alcohol evaluation
pursuant to subsection (a)(4), the following provisions apply:
(1) The court may order the juvenile offender to participate in
counseling or mediation sessions or a program of education, including
placement in an alternative educational program approved by a local
school board. The costs of any counseling or mediation may be assessed as
expenses in the case. No mental health center shall charge a fee for court-
ordered counseling greater than what the center would have charged the
person receiving the counseling if the person had requested counseling on
the person's own initiative. No mediator shall charge a fee for court-
ordered mediation greater than what the mediator would have charged the
person participating in the mediation if the person had requested mediation
on the person's own initiative. Mediation may include the victim but shall
not be mandatory for the victim; and
(2) if the juvenile has been adjudicated to be a juvenile by reason of a
violation of a statute that makes such a requirement, the court shall order
and, if adjudicated for any other offense, the court may order the juvenile
to submit to and complete a drug and alcohol evaluation by a community-
based drug and alcohol safety action program certified pursuant to K.S.A.
8-1008, and amendments thereto, and to pay a fee not to exceed the fee
established by that statute for such evaluation. The court may waive the
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mandatory evaluation if the court finds that the juvenile completed a drug
and alcohol evaluation, approved by the community-based alcohol and
drug safety action program, within 12 months before sentencing. If the
evaluation occurred more than 12 months before sentencing, the court
shall order the juvenile to resubmit to and complete the evaluation and
program as provided herein. If the court finds that the juvenile and those
legally liable for the juvenile's support are indigent, the court may waive
the fee. In no event shall the fee be assessed against the secretary of
corrections or the department of corrections nor shall the fee be assessed
against the secretary of the department for children and families or the
Kansas department for children and families if the juvenile is in the
secretary's care, custody and control.
(c) If the court orders suspension or restriction of a juvenile offender's
driver's license or privilege to operate a motor vehicle on the streets and
highways of this state pursuant to subsection (a)(5), the following
provisions apply:
(1) The duration of the suspension ordered by the court shall be for a
definite time period to be determined by the court. Upon suspension of a
license pursuant to this subsection, the court shall require the juvenile
offender to surrender the license to the court. The court shall transmit the
license to the division of motor vehicles of the department of revenue, to
be retained until the period of suspension expires. At that time, the licensee
may apply to the division for return of the license. If the license has
expired, the juvenile offender may apply for a new license, which shall be
issued promptly upon payment of the proper fee and satisfaction of other
conditions established by law for obtaining a license unless another
suspension or revocation of the juvenile offender's privilege to operate a
motor vehicle is in effect. As used in this subsection, "highway" and
"street" have the meanings provided by K.S.A. 8-1424 and 8-1473, and
amendments thereto. Any juvenile offender who does not have a driver's
license may have driving privileges revoked. No Kansas driver's license
shall be issued to a juvenile offender whose driving privileges have been
revoked pursuant to this section for a definite time period to be determined
by the court; and
(2) in lieu of suspending a juvenile offender's driver's license or
privilege to operate a motor vehicle on the highways of this state, the court
may enter an order which places conditions on the juvenile offender's
privilege of operating a motor vehicle on the streets and highways of this
state, a certified copy of which the juvenile offender shall be required to
carry any time the juvenile offender is operating a motor vehicle on the
streets and highways of this state. The order shall prescribe a definite time
period for the conditions imposed. Upon entering an order restricting a
juvenile offender's license, the court shall require the juvenile offender to
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surrender such juvenile offender's license to the court. The court shall
transmit the license to the division of vehicles, together with a copy of the
order. Upon receipt thereof, the division of vehicles shall issue without
charge a driver's license which shall indicate on its face that conditions
have been imposed on the juvenile offender's privilege of operating a
motor vehicle and that a certified copy of the order imposing the
conditions is required to be carried by the juvenile offender when
operating a motor vehicle on the streets and highways of this state. If the
juvenile offender is a nonresident, the court shall cause a copy of the order
to be transmitted to the division and the division shall forward a copy of it
to the motor vehicle administrator of the juvenile offender's state of
issuance. The court shall furnish to any juvenile offender whose driver's
license has had conditions imposed on it under this section a copy of the
order, which shall be recognized as a valid Kansas driver's license until the
division issues the restricted license provided for in this subsection. Upon
expiration of the period of time for which conditions are imposed pursuant
to this subsection, the juvenile offender may apply to the division for the
return of the license previously surrendered by the juvenile offender. In the
event the license has expired, the juvenile offender may apply to the
division for a new license, which shall be issued immediately by the
division upon payment of the proper fee and satisfaction of the other
conditions established by law unless such juvenile offender's privilege to
operate a motor vehicle on the streets and highways of this state has been
suspended or revoked prior thereto. If any juvenile offender violates any of
the conditions imposed under this subsection, the juvenile offender's
driver's license or privilege to operate a motor vehicle on the streets and
highways of this state shall be revoked for a period as determined by the
court in which the juvenile offender is convicted of violating such
conditions.
(d) The following provisions apply to the court's determination of
whether to order reparation or restitution pursuant to subsection (a)(7):
(1) The court shall order the juvenile to make reparation or restitution
to the aggrieved party for the damage or loss caused by the juvenile
offender's offense unless it finds compelling circumstances that would
render a plan of reparation or restitution unworkable. If the court finds
compelling circumstances that would render a plan of reparation or
restitution unworkable, the court shall enter such findings with
particularity on the record. In lieu of reparation or restitution, the court
may order the juvenile to perform charitable or social service for
organizations performing services for the community; and
(2) restitution may include, but shall not be limited to, the amount of
damage or loss caused by the juvenile's offense. Restitution may be made
by payment of an amount fixed by the court or by working for the parties
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sustaining loss in the manner ordered by the court. An order of monetary
restitution shall be a judgment against the juvenile that may be collected
by the court by garnishment or other execution as on judgments in civil
cases. Such judgment shall not be affected by the termination of the court's
jurisdiction over the juvenile offender.
(e) If the court imposes a fine pursuant to subsection (a)(8), the
following provisions apply:
(1) The amount of the fine may not exceed $1,000 for each offense.
The amount of the fine should be related to the seriousness of the offense
and the juvenile's ability to pay. Payment of a fine may be required in a
lump sum or installments;
(2) in determining whether to impose a fine and the amount to be
imposed, the court shall consider that imposition of a fine is most
appropriate in cases where the juvenile has derived pecuniary gain from
the offense and that imposition of a restitution order is preferable to
imposition of a fine; and
(3) any fine imposed by the court shall be a judgment against the
juvenile that may be collected by the court by garnishment or other
execution as on judgments in civil cases. Such judgment shall not be
affected by the termination of the court's jurisdiction over the juvenile.
(f) Before the court sentences a juvenile offender pursuant to
subsection (a), the court shall administer a risk assessment tool, as
described in K.S.A. 38-2360, and amendments thereto, or review a risk
assessment tool that was administered within the past six months to the
juvenile and use the results of that assessment to inform orders made
pursuant to K.S.A. 38-2369 and 38-2391, and amendments thereto.
(g) If the court commits the juvenile to detention pursuant to
subsection (a)(11), the following provisions shall apply:
(1) The court shall only order commitment to detention upon
violation of sentencing conditions where all other alternatives have been
exhausted.
(2) In order to commit a juvenile to detention upon violation of
sentencing conditions, the court shall find that the juvenile poses a
significant risk of harm to another or damage to property, is charged with a
new felony offense, or violates conditional release.
(3) The court shall not order commitment to detention upon
adjudication as a juvenile offender pursuant to K.S.A. 38-2356, and
amendments thereto, for solely technical violations of probation, contempt,
a violation of a valid court order, to protect from self-harm or due to any
state or county failure to find adequate alternatives.
(4) Cumulative detention use shall be limited to a maximum of 45
days over the course of a juvenile offender's case pursuant to K.S.A. 38-
2391, and amendments thereto. The court shall review any detention
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commitment every seven days and may shorten the initial commitment or
extend the commitment. In no case, however, may the term of detention or
any extension thereof exceed the cumulative detention limit of 45 days or
the overall case length limit.
(5) A juvenile over 18 years of age and less than 23 years of age at
sentencing shall be committed to a county jail, in lieu of a juvenile
detention center, under the same time restrictions imposed by paragraph
(1), but shall not be committed to or confined in a juvenile detention
facility.
(h) Any order issued by the judge pursuant to this section shall be in
effect immediately upon entry into the court's minutes.
(i) In addition to the requirements of K.S.A. 38-2373, and
amendments thereto, if a person is under 18 years of age and convicted of
a felony or adjudicated as a juvenile offender for an offense if committed
by an adult would constitute the commission of a felony, the court shall
forward a signed copy of the journal entry to the secretary of corrections
within 30 days of final disposition.
(j) Except as further provided, if a juvenile has been adjudged to be a
juvenile offender for an offense which, if committed by an adult would
constitute the commission of: (1) Aggravated human trafficking, as defined
in K.S.A. 21-5426(b), and amendments thereto, if the victim is less than 14
years of age; (2) rape, as defined in K.S.A. 21-5503(a)(3), and
amendments thereto; (3) aggravated indecent liberties with a child, as
defined in K.S.A. 21-5506(b)(3), and amendments thereto; (4) aggravated
criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (b)(2), and
amendments thereto; (5) commercial sexual exploitation of a child, as
defined in K.S.A. 21-6422, and amendments thereto, if the victim is less
than 14 years of age; (6) sexual exploitation of a child, as defined in
K.S.A. 21-5510(a)(1) or (a)(4), and amendments thereto, if the victim is
less than 14 years of age; or (7) an attempt, conspiracy or criminal
solicitation, as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and
amendments thereto, of an offense defined in paragraphs (1) through (6);
the court shall issue an order prohibiting the juvenile from attending the
attendance center that the victim of the offense attends. If only one
attendance center exists, for which the victim and juvenile are eligible to
attend, in the school district where the victim and the juvenile reside, the
court shall hear testimony and take evidence from the victim, the juvenile,
their families and a representative of the school district as to why the
juvenile should or should not be allowed to remain at the attendance center
attended by the victim. After such hearing, the court may issue an order
prohibiting the juvenile from attending the attendance center that the
victim of the offense attends.
(k) The court may order a short-term alternative placement of a
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juvenile pursuant to subsection (a)(3) in an emergency shelter, therapeutic
foster home or community integration program if:
(1) Such juvenile has been adjudicated to be a juvenile offender for
an offense which, if committed by an adult would constitute the
commission of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b),
and amendments thereto, if the victim is less than 14 years of age;
(B) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(C) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto, if the victim is less than 14 years of
age;
(D) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1)
or (a)(4), and amendments thereto, if the victim is less than 14 years of
age;
(E) aggravated indecent liberties with a child, as defined in K.S.A.
21-5506, and amendments thereto, if the victim is less than 14 years of
age; or
(F) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of an
offense defined in paragraphs (1) through (4); and
(2) (A) the victim resides in the same home as the juvenile offender;
(B) a community supervision officer in consultation with the
department for children and families determines that an adequate safety
plan, which shall include the physical and psychological well-being of the
victim, cannot be developed to keep the juvenile in the same home; and
(C) there are no relevant child in need of care issues that would
permit a case to be filed under the Kansas code for care of children.
The presumptive term of commitment shall not extend beyond the
overall case length limit but may be modified pursuant to K.S.A. 38-2367
and 38-2397, and amendments thereto. If a child is placed outside the
child's home at the dispositional hearing pursuant to this subsection and no
reintegration plan is made a part of the record of the hearing, a written
reintegration plan shall be prepared pursuant to K.S.A. 38-2397, and
amendments thereto, and submitted to the court within 15 days of the
initial order of the court.
(l) If the court orders a short-term alternative placement of a juvenile
pursuant to subsection (k), the secretary shall be responsible for the costs
associated with all aspects of such placement. The secretary shall contract
with emergency shelters and therapeutic foster homes in order to facilitate
the placement of juvenile offenders pursuant to subsection (k).
(m) The sentencing hearing shall be open to the public as provided in
K.S.A. 38-2353, and amendments thereto.
(m)(n) The overall case length limit shall be calculated by the court
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and entered into the written record when one or more of the sentencing
options under this section are imposed. The period fixed by the court
pursuant to subsection (a) shall not extend beyond the overall case length
limit.
Sec. 2. K.S.A. 38-2365 is hereby amended to read as follows: 38-
2365. (a) When a juvenile offender has been placed in the custody of the
secretary, the secretary shall have a reasonable time to make a placement.
If the juvenile offender has not been placed, any party who believes that
the amount of time elapsed without placement has exceeded a reasonable
time may file a motion for review with the court. In determining what is a
reasonable amount of time, matters considered by the court shall include,
but not be limited to, the nature of the underlying offense, efforts made for
placement of the juvenile offender and the availability of a suitable
placement. The secretary shall notify the court, the juvenile's attorney of
record and the juvenile's parent, in writing, of the initial placement and any
subsequent change of placement as soon as the placement has been
accomplished. The notice to the juvenile offender's parent shall be sent to
such parent's last known address or addresses. Except as provided in
K.S.A. 38-2361(a)(10), the court shall have no power to direct a specific
placement by the secretary, but may make recommendations to the
secretary. Except as provided in K.S.A. 38-2361(a)(10), the secretary may
place the juvenile offender in an institution operated by the secretary, a
youth residential facility or any other appropriate placement. If the court
has recommended an out-of-home placement, the secretary may not return
the juvenile offender to the home from which removed without first
notifying the court of the plan.
(b) If a juvenile is in the custody of the secretary, the secretary shall
prepare and present a permanency plan at sentencing or within 30 days
thereafter. If the juvenile is 14 years of age or older and the juvenile is
able, the secretary shall prepare the permanency plan in consultation with
the juvenile. If a permanency plan is already in place under a child in need
of care proceeding, the court may adopt the plan under the present
proceeding. The written permanency plan shall provide for reintegration of
the juvenile into such juvenile's family or, if reintegration is not a viable
alternative, for other permanent placement of the juvenile. Reintegration
may not be a viable alternative when: (1) The parent has been found by a
court to have committed murder in the first degree, K.S.A. 21-3401, prior
to its repeal, or K.S.A. 21-5402, and amendments thereto, murder in the
second degree, K.S.A. 21-3402, prior to its repeal, or K.S.A. 21-5403, and
amendments thereto, capital murder, K.S.A. 21-3439, prior to its repeal, or
K.S.A. 21-5401, and amendments thereto, voluntary manslaughter, K.S.A.
21-3403, prior to its repeal, or K.S.A. 21-5404, and amendments thereto,
of a child or violated a law of another state which prohibits such murder or
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manslaughter of a child;
(2) the parent aided or abetted, attempted, conspired or solicited to
commit such murder or voluntary manslaughter of a child;
(3) the parent committed a felony battery that resulted in bodily
injury to the juvenile who is the subject of this proceeding or another
child;
(4) the parent has subjected the juvenile who is the subject of this
proceeding or another child to aggravated circumstances as defined in
K.S.A. 38-1502, and amendments thereto;
(5) the parental rights of the parent to another child have been
terminated involuntarily; or
(6) the juvenile has been in extended out-of-home placement as
defined in K.S.A. 38-2202, and amendments thereto.
(c) If the juvenile is placed in the custody of the secretary, the plan
shall be prepared and submitted by the secretary. If the juvenile is placed
in the custody of a facility or person other than the secretary, the plan shall
be prepared and submitted by a court services officer. If the permanency
goal is reintegration into the family, the permanency plan shall include
measurable objectives and time schedules for reintegration.
(d) During the time a juvenile remains in the custody of the secretary,
the secretary shall submit to the court, at least every six months, a written
report of the progress being made toward the goals of the permanency plan
submitted pursuant to subsections (b) and (c) and the specific actions taken
to achieve the goals of the permanency plan. If the juvenile is placed in
foster care, the court may request the foster parent to submit to the court,
at least every six months, a report in regard to the juvenile's adjustment,
progress and condition. Such report shall be made a part of the juvenile's
court social file. The court shall review the plan submitted by the secretary
and the report, if any, submitted by the foster parent and determine
whether reasonable efforts and progress have been made to achieve the
goals of the permanency plan. If the court determines that progress is
inadequate or that the permanency plan is no longer viable, the court shall
hold a hearing pursuant to subsection (e).
(e) When the secretary has custody of the juvenile, a permanency
hearing shall be held no more than 12 months after the juvenile is first
placed outside such juvenile's home and at least every 12 months
thereafter. Juvenile offenders who have been in extended out-of-home
placement shall be provided a permanency hearing within 30 days of a
request from the secretary. The court may appoint a guardian ad litem to
represent the juvenile offender at the permanency hearing. At the
permanency hearing, the court shall determine whether and, if applicable,
when the juvenile will be:
(1) Reintegrated with the juvenile's parents;
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(2) placed for adoption;
(3) placed with a permanent custodian; or
(4) if the juvenile is 16 years of age or older and the secretary has
documented compelling reasons why it would not be in the juvenile's best
interests for a placement in one of the placements pursuant to paragraphs
(1), (2) or (3), placed in another planned permanent arrangement.
(f) At each permanency hearing, the court shall:
(1) Make a written finding as to whether reasonable efforts have been
made to accomplish the permanency goal and whether continued out-of-
home placement is necessary for the juvenile's safety;
(2) make a written finding as to whether the reasonable and prudent
parenting standard has been met and whether the juvenile has regular,
ongoing opportunities to engage in age or developmentally appropriate
activities. The secretary shall report to the court the steps the secretary is
taking to ensure that the reasonable and prudent parenting standard is
being met and that the juvenile has regular, ongoing opportunities to
engage in age or developmentally appropriate activities, including
consultation with the juvenile in an age-appropriate manner about the
opportunities of the juvenile to participate in the activities; and
(3) if the juvenile is 14 years of age or older, document the efforts
made by the secretary to help the juvenile prepare for the transition from
custody to a successful adulthood. The secretary shall report to the court
the programs and services that are being provided to the juvenile which
will help the juvenile prepare for the transition from custody to a
successful adulthood.
(g) The requirements of this subsection shall apply only if the
permanency goal in place at the time of the hearing is another planned
permanent arrangement as described in subsection (e)(4). At each
permanency hearing held with respect to the juvenile, in addition to the
requirements of subsection (f), the court shall:
(1) Ask the juvenile, if the juvenile is able, by attendance at the
hearing or by report to the court, about the desired permanency outcome
for the juvenile;
(2) document the intensive, ongoing and, as of the date of the hearing,
unsuccessful permanency efforts made by the secretary to return the
juvenile home or secure a placement for the juvenile with a fit and willing
relative, a legal guardian or an adoptive parent. The secretary shall report
to the court the intensive, ongoing and, as of the date of the hearing,
unsuccessful efforts made by the secretary to return the juvenile home or
secure a placement for the juvenile with a fit and willing relative, a legal
guardian or an adoptive parent, including efforts that utilize search
technology, including social media, to find biological family members of
the children; and
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(3) make a judicial determination explaining why, as of the date of
the hearing, another planned permanent living arrangement is the best
permanency plan for the juvenile and provide compelling reasons why it
continues to not be in the best interests of the juvenile to return home, be
placed for adoption, be placed with a legal guardian or be placed with a fit
and willing relative.
(h) Whenever a hearing is required under subsection (e), the court
shall notify all interested parties of the hearing date, the secretary, foster
parent and preadoptive parent or relatives providing care for the juvenile
and hold a hearing. If the juvenile is 14 years of age or older, the court
shall require notice of the time and place of the permanency hearing be
given to the juvenile. Such notice shall request the juvenile's participation
in the hearing by attendance or by report to the court. Individuals receiving
notice pursuant to this subsection shall not be made a party to the action
solely on the basis of this notice and opportunity to be heard. After
providing the persons receiving notice an opportunity to be heard, the
court shall determine whether the juvenile's needs are being adequately
met; whether services set out in the permanency plan necessary for the
safe return of the juvenile have been made available to the parent with
whom reintegration is planned; and whether reasonable efforts and
progress have been made to achieve the goals of the permanency plan.
(i) If the court finds reintegration continues to be a viable alternative,
the court shall determine whether and, if applicable, when the juvenile will
be returned to the parent. The court may rescind any of its prior
dispositional orders and enter any dispositional order authorized by this
code or may order that a new plan for the reintegration be prepared and
submitted to the court. If reintegration cannot be accomplished as
approved by the court, the court shall be informed and shall schedule a
hearing pursuant to subsection (j). No such hearing is required when the
parent voluntarily relinquishes parental rights or agrees to appointment of
a permanent guardian.
(j) When the court finds any of the following conditions exist, the
county or district attorney or the county or district attorney's designee shall
file a petition alleging the juvenile to be a child in need of care and
requesting termination of parental rights pursuant to the Kansas code for
care of children:
(1) The court determines that reintegration is not a viable alternative
and either adoption or permanent guardianship might be in the best
interests of the juvenile;
(2) the goal of the permanency plan is reintegration into the family
and the court determines after 12 months from the time such plan is first
submitted that progress is inadequate; or
(3) the juvenile has been in out-of-home placement for a cumulative
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total of 15 of the last 22 months, excluding trial home visits and juvenile in
runaway status.
Nothing in this subsection shall be interpreted to prohibit termination of
parental rights prior to the expiration of 12 months.
(k) A petition to terminate parental rights is not required to be filed if
one of the following exceptions is documented to exist:
(1) The juvenile is in a stable placement with relatives;
(2) services set out in the case plan necessary for the safe return of
the juvenile have not been made available to the parent with whom
reintegration is planned; or
(3) there are one or more documented reasons why such filing would
not be in the best interests of the juvenile. Documented reasons may
include, but are not limited to: The juvenile has close emotional bonds
with a parent which should not be broken; the juvenile is 14 years of age
or older and, after advice and counsel, refuses to be adopted; insufficient
grounds exist for termination of parental rights; the juvenile is an
unaccompanied refugee minor; or there are international legal or
compelling foreign policy reasons precluding termination of parental
rights.
Sec. 3. K.S.A. 38-2369 is hereby amended to read as follows: 38-
2369. (a) Except as provided in subsection (e) and K.S.A. 38-2361(a)(13),
for the purpose of committing juvenile offenders to a juvenile correctional
facility, upon a finding by the judge entered into the written order that the
juvenile poses a significant risk of harm to another or damage to property,
the following placements shall be applied by the judge in the cases
specified in this subsection. If used, the court shall establish a specific
term of commitment as specified in this subsection. The term of
commitment established by the court shall not exceed the overall case
length limit. Before a juvenile offender is committed to a juvenile
correctional facility pursuant to this section, the court shall administer a
risk assessment tool, as described in K.S.A. 38-2360, and amendments
thereto, or review a risk assessment tool that was administered within the
past six months to the juvenile.
(1) Violent Offenders. (A) The violent offender I is defined as an
offender adjudicated as a juvenile offender for an offense which, if
committed by an adult, would constitute an off-grid felony. Offenders in
this category may be committed to a juvenile correctional facility for a
minimum term of 60 months and up to a maximum term of the offender
reaching the age of 22 years, six months. The aftercare term for this
offender is set at a minimum term of six months and up to a maximum
term of the offender reaching the age of 23 years.
(B) The violent offender II is defined as an offender adjudicated as a
juvenile offender for an offense which, if committed by an adult, would
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constitute a nondrug severity level 1, 2 or 3 felony. Offenders in this
category may be committed to a juvenile correctional facility for a
minimum term of 24 months and up to a maximum term of the offender
reaching the age of 22 years, six months. The aftercare term for this
offender is set at a minimum term of six months and up to a maximum
term of the offender reaching the age of 23 years.
(2) Serious Offenders. (A) The serious offender I is defined as an
offender adjudicated as a juvenile offender for an offense which, if
committed by an adult, would constitute a nondrug severity level 4, person
felony.
Offenders in this category may be committed to a juvenile correctional
facility for a minimum term of 18 months and up to a maximum term of 36
months. The aftercare term for this offender is set at a minimum term of
six months and up to a maximum term of 24 months.
(B) The serious offender II is defined as an offender adjudicated as a
juvenile offender for an offense:
(i) Committed prior to July 1, 2012, which, if committed by an adult
prior to July 1, 2012, would constitute a drug severity level 1 or 2 felony;
or
(ii) committed on or after July 1, 2012, which, if committed by an
adult on or after July 1, 2012, would constitute a drug severity level 1, 2 or
3 felony or a nondrug severity level 5 or 6 person felony.
Offenders in this category may be committed to a juvenile correctional
facility for a minimum term of nine months and up to a maximum term of
18 months.
(C) The serious offender III is defined as an offender adjudicated as a
juvenile offender for an offense which, if committed by an adult, would
constitute a nondrug severity level 7, 8, 9 or 10 person felony with one
prior felony adjudication. Offenders in this category may only be
committed to a juvenile correctional facility if such offenders are assessed
as high-risk on a risk and needs assessment. Offenders in this category
may be committed to a juvenile correctional facility for a minimum term
of six months and up to a maximum term of 12 months.
(3) Chronic Offenders. (A) The chronic offender I, chronic felon is
defined as an offender adjudicated as a juvenile offender for an offense:
(i) Which, if committed by an adult, would constitute one present
nonperson felony adjudication and two prior felony adjudications;
(ii) committed prior to July 1, 2012, which, if committed by an adult
prior to July 1, 2012, would constitute one present drug severity level 3
felony adjudication and two prior felony adjudications; or
(iii) committed on or after July 1, 2012, which, if committed by an
adult on or after July 1, 2012, would constitute one present drug severity
level 4 felony adjudication and two prior felony adjudications.
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Offenders in this category may only be committed to a juvenile
correctional facility if such offenders are assessed as high-risk on a risk
and needs assessment. Offenders in this category may be committed to a
juvenile correctional facility for a minimum term of six months and up to a
maximum term of 12 months.
(b) Conditional Release. If the court elects, a period of conditional
release may also be ordered pursuant to K.S.A. 38-2361, and amendments
thereto. The period of conditional release shall be limited to a maximum of
six months and shall be subject to graduated responses. The presumption
upon release shall be a return to the juvenile's home, unless the case plan
developed pursuant to K.S.A. 38-2373, and amendments thereto,
recommends a different reentry plan.
(1) Upon finding the juvenile violated a requirement or requirements
of conditional release, the court may enter one or more of the following
orders:
(A) Recommend additional conditions be added to those of the
existing conditional release.
(B) Order the offender to serve a period of detention pursuant to
K.S.A. 38-2361(g), and amendments thereto.
(C) Revoke or restrict the juvenile's driving privileges as described in
K.S.A. 38-2361(c), and amendments thereto.
(2) Discharge the offender from the custody of the secretary of
corrections, release the secretary of corrections from further
responsibilities in the case and enter any other appropriate orders.
(c) As used in this section "adjudication" includes out-of-state
juvenile adjudications. An out-of-state offense, which if committed by an
adult would constitute the commission of a felony or misdemeanor, shall
be classified as either a felony or a misdemeanor according to the
adjudicating jurisdiction. If an offense which if committed by an adult
would constitute the commission of a felony is a felony in another state, it
will be deemed a felony in Kansas. The state of Kansas shall classify the
offense, which if committed by an adult would constitute the commission
of a felony or misdemeanor, as person or nonperson. In designating such
offense as person or nonperson, reference to comparable offenses shall be
made. If the state of Kansas does not have a comparable offense, the out-
of-state adjudication shall be classified as a nonperson offense.
(d) The secretary of corrections shall work with the community to
provide on-going support and incentives for the development of additional
evidence-based community practices and programs to ensure that the
juvenile correctional facility is not frequently utilized.
(e) There shall be a rebuttable presumption that all offenders in the
chronic offender category and offenders at least 10 years of age but less
than 14 years of age in the serious offender II or III category, shall be
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placed in the custody of the secretary for placement in a youth residential
facility in lieu of placement in the juvenile correctional facility. The
secretary shall ensure timely placement of such offender in a youth
residential facility and shall be responsible for the costs associated with
all aspects of such placement in accordance with K.S.A. 38-2399, and
amendments thereto, This presumption may be rebutted by a finding on the
record that the juvenile offender poses a significant risk of physical harm
to another.
Sec. 4. K.S.A. 38-2399 is hereby amended to read as follows: 38-
2399. (a) The secretary of corrections may shall contract for use of not
more less than 50 40 non-foster home beds in youth residential facilities
for placement of juvenile offenders pursuant to K.S.A. 38-2361(a)(13) (a)
(10) and (a)(12), and amendments thereto.
(b) When contracting for services, the secretary shall:
(1) Contract with facilities that have high success rates and decrease
recidivism rates for juvenile offenders;
(2) consider contracting for bed space across the entire state to lower
the cost of transportation of juvenile offenders; and
(3) give priority to existing facilities that are able to meet the
requirements of the secretary for providing residential services to juvenile
offenders.
(c) This section shall take effect on and after January 1, 2018;
(4) determine regional allocation of non-foster home beds based on
the needs of the region utilizing available data on juvenile case filings;
and
(5) be responsible for the costs associated with all aspects of
placement of juvenile offenders described in subsection (a).
Sec. 5. K.S.A. 2024 Supp. 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.
(2) Except as provided in paragraph (4), 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 behavioral health crisis and their families;
(C) children who have been administered a risk and needs assessment
and have been identified as needing services pursuant to K.S.A. 2024
Supp. 38-2292, and amendments thereto; and
(D) grants as provided in subsection (e).
(2)(3) Evidence-based community programs and practices may be
administered by community supervision offices, juvenile intake and
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assessment, court services, community corrections, 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.
(4) Subject to provisions of appropriation acts, the secretary of
corrections shall make expenditures from the evidence-based programs
account of the state general fund moneys, in an amount not to exceed
$10,000,000 in any fiscal year, to contract for non-foster home beds in
youth residential facilities for placement of juvenile offenders as required
in K.S.A. 38-2399, and amendments thereto.
(3)(5) 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) (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)(2)(D) 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
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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 services
are needed throughout the state and provide non-foster home beds in youth
residential facilities for placement of juvenile offenders as required in
subsection (a).
(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. 6. K.S.A. 38-2361, 38-2365, 38-2369 and 38-2399 and K.S.A.
2024 Supp. 75-52,164 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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