Session of 1999
         
SENATE BILL No. 191
         
By Committee on Education
          
2-1
          
  9             AN  ACT concerning school safety and security; relating to the reporting
10             of information regarding specified pupils; amending K.S.A. 1998 Supp.
11             38-1502, 38-1507, 38-1602, 72-89b02 and 72-89b03 and repealing the
12             existing sections; also repealing K.S.A. 1998 Supp. 38-1502c and 38-
13             1602a.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 1998 Supp. 72-89b02 is hereby amended to read
17       as follows: 72-89b02. As used in this act:
18             (a) "Board of education" means the board of education of a unified
19       school district or the governing authority of an accredited nonpublic
20       school.
21             (b) "School" means a public school or an accredited nonpublic school.
22             (c) "Public school" means a school operated by a unified school dis-
23       trict organized under the laws of this state.
24             (d) "Accredited nonpublic school" means a nonpublic school partic-
25       ipating in the quality performance accreditation system.
26             (e) "School employee" means any teacher or other administrative,
27       professional or paraprofessional employee of a school who has exposure
28       to a pupil specified in subsection (a)(1) through (5) of K.S.A. 1998 Supp.
29       72-89b03 and amendments thereto.
30             (f) "Administrator" means any individual who is employed by a school
31       in a supervisory or managerial capacity.
32             (f) "Superintendent of schools" means the superintendent of schools
33       appointed by the board of education of a unified school district or the
34       chief administrative officer of an accredited nonpublic school appointed
35       by the board of education of the school.
36             New Sec.  2. (a) If a school employee has knowledge that a pupil is a
37       pupil to whom the provisions of this section apply, the school employee
38       shall report such knowledge and identify the pupil to the superintendent
39       of schools. The superintendent of schools shall investigate the matter and,
40       upon determining that the identified pupil is a pupil to whom the pro-
41       visions of this section apply, shall provide the reported knowledge and
42       identify the pupil to all school employees who are directly involved or
43       likely to be directly involved in teaching or providing other school related

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  1       services to the pupil.
  2             (b) The provisions of this section apply to:
  3             (1) Any pupil who has been expelled for the reason provided by sub-
  4       section (c) of K.S.A. 72-8901, and amendments thereto, for conduct
  5       which endangers the safety of others;
  6             (2) any pupil who has been expelled for the reason provided by sub-
  7       section (d) of K.S.A. 72-8901, and amendments thereto;
  8             (3) any pupil who has been expelled under a policy adopted pursuant
  9       to K.S.A. 1998 Supp. 72-89a02, and amendments thereto;
10             (4) any pupil who has been adjudged to be a juvenile offender and
11       whose offense, if committed by an adult, would constitute a felony under
12       the laws of Kansas or the state where the offense was committed, except
13       any pupil adjudicated as a juvenile offender for a felony theft offense
14       involving no direct threat to human life; and
15             (5) any pupil who has been tried and convicted as an adult of any
16       felony, except any pupil convicted of a felony theft crime involving no
17       direct threat to human life.
18             (c) As used in this section, the term "knowledge" means familiarity
19       because of direct involvement or observation of any incident specified in
20       subsection (b) which causes the provisions of this section to apply to a
21       pupil.
22             Sec.  3. K.S.A. 1998 Supp. 72-89b03 is hereby amended to read as
23       follows: 72-89b03. (a) School employees with knowledge that a pupil is a
24       pupil specified in this subsection shall inform administrators and admin-
25       istrators with knowledge that a pupil is a pupil specified in this subsection
26       shall inform all other school employees of the following:
27             (1) The identity of any pupil who has been expelled as provided by
28       subsection (c) of K.S.A. 72-8901 and amendments thereto for conduct
29       which endangers the safety of others;
30             (2) the identity of any pupil who has been expelled as provided by
31       subsection (d) of K.S.A. 72-8901 and amendments thereto;
32             (3) the identity of any pupil who has been expelled under a policy
33       adopted pursuant to K.S.A. 1998 Supp. 72-89a02 and amendments
34       thereto;
35             (4) the identity of any pupil who has been adjudged to be a juvenile
36       offender and whose offense, if committed by an adult, would constitute
37       a felony under the laws of Kansas or the state where the offense was
38       committed, except that this subsection shall not apply to an adjudication
39       as a juvenile offender involving a felony theft offense involving no direct
40       threat to human life; and
41             (5) the identity of any pupil who has been tried and convicted as an
42       adult of any felony, except that this subsection shall not apply to any felony
43       conviction of theft involving no direct threat to human life.

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  1             (b) Each board of education shall adopt a policy that includes:
  2             (1) A requirement that an immediate report be made to the appro-
  3       priate state or local law enforcement agency by or on behalf of any school
  4       employee who knows or has reason to believe that an act has been com-
  5       mitted at school, on school property, or at a school supervised activity and
  6       that the act involved conduct which constitutes the commission of a felony
  7       or misdemeanor or which involves the possession, use or disposal of ex-
  8       plosives, firearms or other weapons; and
  9             (2) the procedures for making such a report.
10             (c) (b) Administrators and other School employees shall not be sub-
11       ject to the provisions of subsection (b) of K.S.A. 1998 Supp. 72-89b04,
12       and amendments thereto if:
13             (1) They follow the procedures from a policy adopted pursuant to the
14       provisions of subsection (b) (a); or
15             (2) their board of education fails to adopt such policy.
16             (d) (c) Each board of education shall annually compile and report to
17       the state board of education at least the following information relating to
18       school safety and security: The types and frequency of criminal acts that
19       are required to be reported pursuant to the provisions of subsection (b)
20       (a), disaggregated by occurrences at school, on school property and at
21       school supervised activities. The report shall be incorporated into and
22       become part of the current report required under the quality perform-
23       ance accreditation system.
24             (e) (d) Each board of education shall make available to pupils and
25       their parents, to school employees and, upon request, to others, district
26       policies and reports concerning school safety and security, including those
27       required by this subsection, except that the provisions of this subsection
28       shall not apply to the disclosures required reports made by a superinten-
29       dent of schools and school employees pursuant to subsection (a) section 2
30       and amendments thereto.
31             (f) (e) Nothing in this section shall be construed or operate in any
32       manner so as to prevent any school employee from reporting criminal
33       acts to school officials and to appropriate state and local law enforcement
34       agencies.
35             (g) (f) The state board of education shall extract the information re-
36       lating to school safety and security from the quality performance accred-
37       itation report and transmit the information to the governor, the legisla-
38       ture, the attorney general, the secretary of health and environment, and
39       the secretary of social and rehabilitation services, and the commissioner
40       of juvenile justice.
41             (h) (g) No board of education and no member of any such board shall
42       be liable for damages in a civil action for the actions or omissions of any
43       administrator a superintendent of schools pursuant to the requirements

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  1       and provisions of the Kansas school safety and security act and to this end
  2       such board and members thereof shall have immunity from civil liability
  3       related thereto. No administrator superintendent of schools or school em-
  4       ployee shall be liable for damages in a civil action for the actions or
  5       omissions of such administrator superintendent or school employee pur-
  6       suant to the requirements and provisions of the Kansas school safety and
  7       security act and to this end such administrator or superintendent of
  8       schools and school employee shall have immunity from civil liability re-
  9       lated thereto.
10             Sec.  4. K.S.A. 1998 Supp. 38-1502 is hereby amended to read as
11       follows: 38-1502. As used in this code, unless the context otherwise
12       indicates:
13             (a) "Child in need of care" means a person less than 18 years of age
14       who:
15             (1) Is without adequate parental care, control or subsistence and the
16       condition is not due solely to the lack of financial means of the child's
17       parents or other custodian;
18             (2) is without the care or control necessary for the child's physical,
19       mental or emotional health;
20             (3) has been physically, mentally or emotionally abused or neglected
21       or sexually abused;
22             (4) has been placed for care or adoption in violation of law;
23             (5) has been abandoned or does not have a known living parent;
24             (6) is not attending school as required by K.S.A. 72-977 or 72-1111,
25       and amendments thereto;
26             (7) except in the case of a violation of K.S.A. 41-727, subsection (j)
27       of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
28       ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
29       4204a and amendments thereto, does an act which, when committed by
30       a person under 18 years of age, is prohibited by state law, city ordinance
31       or county resolution but which is not prohibited when done by an adult;
32             (8) while less than 10 years of age, commits any act which if done by
33       an adult would constitute the commission of a felony or misdemeanor as
34       defined by K.S.A. 21-3105 and amendments thereto;
35             (9) is willfully and voluntarily absent from the child's home without
36       the consent of the child's parent or other custodian;
37             (10) is willfully and voluntarily absent at least a second time from a
38       court ordered or designated placement, or a placement pursuant to court
39       order, if the absence is without the consent of the person with whom the
40       child is placed or, if the child is placed in a facility, without the consent
41       of the person in charge of such facility or such person's designee;
42             (11) has been residing in the same residence with a sibling or another
43       person under 18 years of age, who has been physically, mentally or emo-

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  1       tionally abused or neglected, or sexually abused; or
  2             (12) while less than 10 years of age commits the offense defined in
  3       K.S.A. 21-4204a and amendments thereto.
  4             (b) "Physical, mental or emotional abuse or neglect" means the in-
  5       fliction of physical, mental or emotional injury or the causing of a dete-
  6       rioration of a child and may include, but shall not be limited to, failing to
  7       maintain reasonable care and treatment, negligent treatment or maltreat-
  8       ment or exploiting a child to the extent that the child's health or emotional
  9       well-being is endangered. A parent legitimately practicing religious beliefs
10       who does not provide specified medical treatment for a child because of
11       religious beliefs shall not for that reason be considered a negligent parent;
12       however, this exception shall not preclude a court from entering an order
13       pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.
14             (c) "Sexual abuse" means any act committed with a child which is
15       described in article 35, chapter 21 of the Kansas Statutes Annotated and
16       those acts described in K.S.A. 21-3602 or 21-3603, and amendments
17       thereto, regardless of the age of the child.
18             (d) "Parent," when used in relation to a child or children, includes a
19       guardian, conservator and every person who is by law liable to maintain,
20       care for or support the child.
21             (e) "Interested party" means the state, the petitioner, the child, any
22       parent and any person found to be an interested party pursuant to K.S.A.
23       38-1541 and amendments thereto.
24             (f) "Law enforcement officer" means any person who by virtue of
25       office or public employment is vested by law with a duty to maintain
26       public order or to make arrests for crimes, whether that duty extends to
27       all crimes or is limited to specific crimes.
28             (g) "Youth residential facility" means any home, foster home or struc-
29       ture which provides 24-hour-a-day care for children and which is licensed
30       pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.
31             (h) "Shelter facility" means any public or private facility or home
32       other than a juvenile detention facility that may be used in accordance
33       with this code for the purpose of providing either temporary placement
34       for the care of children in need of care prior to the issuance of a dispos-
35       itional order or longer term care under a dispositional order.
36             (i) "Juvenile detention facility" means any secure public or private
37       facility used for the lawful custody of accused or adjudicated juvenile
38       offenders which must not be a jail.
39             (j) "Adult correction facility" means any public or private facility, se-
40       cure or nonsecure, which is used for the lawful custody of accused or
41       convicted adult criminal offenders.
42             (k) "Secure facility" means a facility which is operated or structured
43       so as to ensure that all entrances and exits from the facility are under the

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  1       exclusive control of the staff of the facility, whether or not the person
  2       being detained has freedom of movement within the perimeters of the
  3       facility, or which relies on locked rooms and buildings, fences or physical
  4       restraint in order to control behavior of its residents. No secure facility
  5       shall be in a city or county jail.
  6             (l) "Ward of the court" means a child over whom the court has ac-
  7       quired jurisdiction by the filing of a petition pursuant to this code and
  8       who continues subject to that jurisdiction until the petition is dismissed
  9       or the child is discharged as provided in K.S.A. 38-1503 and amendments
10       thereto.
11             (m) "Custody," whether temporary, protective or legal, means the
12       status created by court order or statute which vests in a custodian,
13       whether an individual or an agency, the right to physical possession of
14       the child and the right to determine placement of the child, subject to
15       restrictions placed by the court.
16             (n) "Placement" means the designation by the individual or agency
17       having custody of where and with whom the child will live.
18             (o) "Secretary" means the secretary of social and rehabilitation
19       services.
20             (p) "Relative" means a person related by blood, marriage or adoption
21       but, when referring to a relative of a child's parent, does not include the
22       child's other parent.
23             (q) "Court-appointed special advocate" means a responsible adult
24       other than an attorney guardian ad litem who is appointed by the court
25       to represent the best interests of a child, as provided in K.S.A. 38-1505a
26       and amendments thereto, in a proceeding pursuant to this code.
27             (r) "Multidisciplinary team" means a group of persons, appointed by
28       the court or by the state department of social and rehabilitation services
29       under K.S.A. 38-1523a and amendments thereto, which has knowledge
30       of the circumstances of a child in need of care.
31             (s) "Jail" means:
32             (1) An adult jail or lockup; or
33             (2) a facility in the same building or on the same grounds as an adult
34       jail or lockup, unless the facility meets all applicable standards and licen-
35       sure requirements under law and there is (A) total separation of the ju-
36       venile and adult facility spatial areas such that there could be no haphaz-
37       ard or accidental contact between juvenile and adult residents in the
38       respective facilities; (B) total separation in all juvenile and adult program
39       activities within the facilities, including recreation, education, counseling,
40       health care, dining, sleeping, and general living activities; and (C) separate
41       juvenile and adult staff, including management, security staff and direct
42       care staff such as recreational, educational and counseling.
43             (t) "Kinship care" means the placement of a child in the home of the

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  1       child's relative or in the home of another adult with whom the child or
  2       the child's parent already has a close emotional attachment.
  3             (u) "Juvenile intake and assessment worker" means a responsible
  4       adult authorized to perform intake and assessment services as part of the
  5       intake and assessment system established pursuant to K.S.A. 75-7023, and
  6       amendments thereto.
  7             (v) "Abandon" means to forsake, desert or cease providing care for
  8       the child without making appropriate provisions for substitute care.
  9             (w) "Permanent guardianship" means a judicially created relationship
10       between child and caretaker which is intended to be permanent and self-
11       sustaining without ongoing state oversight or intervention. The perma-
12       nent guardian stands in loco parentis and exercises all the rights and
13       responsibilities of a parent.
14             (x) "Aggravated circumstances" means the abandonment, torture,
15       chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
16             (y) "Permanency hearing" means a notice and opportunity to be
17       heard is provided to interested parties, foster parents, preadoptive parents
18       or relatives providing care for the child. The court, after consideration of
19       the evidence, shall determine whether progress toward the case plan goal
20       is adequate or reintegration is a viable alternative, or if the case should
21       be referred to the county or district attorney for filing of a petition to
22       terminate parental rights or to appoint a permanent guardian.
23             (z) "Extended out of home placement" means a child has been in the
24       custody of the secretary and placed with neither parent for 15 of the most
25       recent 22 months beginning 60 days after the date at which a child in the
26       custody of the secretary was removed from the home.
27             (aa) "Educational institution" means all schools at the elementary and
28       secondary levels.
29             (bb) "Educator" means any administrative, professional or parapro-
30       fessional employee of an educational institution who has exposure to a
31       pupil specified in subsection (b)(1) through (5) of section 2 and amend-
32       ments thereto.
33             Sec.  5. K.S.A. 1998 Supp. 38-1507 is hereby amended to read as
34       follows: 38-1507. (a) Except as otherwise provided, in order to protect
35       the privacy of children who are the subject of a child in need of care
36       record or report, all records and reports concerning children in need of
37       care, including the juvenile intake and assessment report, received by the
38       department of social and rehabilitation services, a law enforcement
39       agency or any juvenile intake and assessment worker shall be kept con-
40       fidential except: (1) To those persons or entities with a need for infor-
41       mation that is directly related to achieving the purposes of this code, or
42       (2) upon an order of a court of competent jurisdiction pursuant to a
43       determination by the court that disclosure of the reports and records is

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  1       in the best interests of the child or are necessary for the proceedings
  2       before the court, or both, and are otherwise admissible in evidence. Such
  3       access shall be limited to in camera inspection unless the court otherwise
  4       issues an order specifying the terms of disclosure.
  5             (b) The provisions of subsection (a) shall not prevent disclosure of
  6       information to an educational institution or to individual educators about
  7       a pupil specified in subsection (a) (b)(1) through (5) of K.S.A. 1998 Supp.
  8       72-89b03 section 2 and amendments thereto.
  9             (c) When a report is received by the department of social and reha-
10       bilitation services, a law enforcement agency or any juvenile intake and
11       assessment worker which indicates a child may be in need of care, the
12       following persons and entities shall have a free exchange of information
13       between and among them:
14             (1) The department of social and rehabilitation services;
15             (2) the commissioner of juvenile justice;
16             (3) the law enforcement agency receiving such report;
17             (4) members of a court appointed multidisciplinary team;
18             (5) an entity mandated by federal law or an agency of any state au-
19       thorized to receive and investigate reports of a child known or suspected
20       to be in need of care;
21             (6) a military enclave or Indian tribal organization authorized to re-
22       ceive and investigate reports of a child known or suspected to be in need
23       of care;
24             (7) a county or district attorney;
25             (8) a court services officer who has taken a child into custody pursuant
26       to K.S.A. 38-1527, and amendments thereto;
27             (9) a guardian ad litem appointed for a child alleged to be in need of
28       care;
29             (10) an intake and assessment worker; and
30             (11) any community corrections program which has the child under
31       court ordered supervision.
32             (d) The following persons or entities shall have access to information,
33       records or reports received by the department of social and rehabilitation
34       services, a law enforcement agency or any juvenile intake and assessment
35       worker. Access shall be limited to information reasonably necessary to
36       carry out their lawful responsibilities to maintain their personal safety and
37       the personal safety of individuals in their care or to diagnose, treat, care
38       for or protect a child alleged to be in need of care.
39             (1) A child named in the report or records.
40             (2) A parent or other person responsible for the welfare of a child,
41       or such person's legal representative.
42             (3) A court-appointed special advocate for a child, a citizen review
43       board or other advocate which reports to the court.

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  1             (4) A person licensed to practice the healing arts or mental health
  2       profession in order to diagnose, care for, treat or supervise: (A) A child
  3       whom such service provider reasonably suspects may be in need of care;
  4       (B) a member of the child's family; or (C) a person who allegedly abused
  5       or neglected the child.
  6             (5) A person or entity licensed or registered by the secretary of health
  7       and environment or approved by the secretary of social and rehabilitation
  8       services to care for, treat or supervise a child in need of care. In order to
  9       assist a child placed for care by the secretary of social and rehabilitation
10       services in a foster home or child care facility, the secretary shall provide
11       relevant information to the foster parents or child care facility prior to
12       placement and as such information becomes available to the secretary.
13             (6) A coroner or medical examiner when such person is determining
14       the cause of death of a child.
15             (7) The state child death review board established under K.S.A. 22a-
16       243, and amendments thereto.
17             (8) A prospective adoptive parent prior to placing a child in their care.
18             (9) The department of health and environment or person authorized
19       by the department of health and environment pursuant to K.S.A. 59-512,
20       and amendments thereto, for the purpose of carrying out responsibilities
21       relating to licensure or registration of child care providers as required by
22       chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
23       thereto.
24             (10) The state protection and advocacy agency as provided by sub-
25       section (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A.
26       74-5515, and amendments thereto.
27             (11) Any educational institution to the extent necessary to enable the
28       educational institution to provide the safest possible environment for its
29       pupils and employees.
30             (12) Any educator to the extent necessary to enable the educator to
31       protect the personal safety of the educator and the educator's pupils.
32             (e) Information from a record or report of a child in need of care
33       shall be available to members of the standing house or senate committee
34       on judiciary, house committee on appropriations, senate committee on
35       ways and means, legislative post audit committee and joint committee on
36       children and families, carrying out such member's or committee's official
37       functions in accordance with K.S.A. 75-4319 and amendments thereto,
38       in a closed or executive meeting. Except in limited conditions established
39       by 23 of the members of such committee, records and reports received
40       by the committee shall not be further disclosed. Unauthorized disclosure
41       may subject such member to discipline or censure from the house of
42       representatives or senate.
43             (f) Nothing in this section shall be interpreted to prohibit the secre-

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  1       tary of social and rehabilitation services from summarizing the outcome
  2       of department actions regarding a child alleged to be a child in need of
  3       care to a person having made such report.
  4             (g) Disclosure of information from reports or records of a child in
  5       need of care to the public shall be limited to confirmation of factual details
  6       with respect to how the case was handled that do not violate the privacy
  7       of the child, if living, or the child's siblings, parents or guardians. Further,
  8       confidential information may be released to the public only with the ex-
  9       press written permission of the individuals involved or their representa-
10       tives or upon order of the court having jurisdiction upon a finding by the
11       court that public disclosure of information in the records or reports is
12       necessary for the resolution of an issue before the court.
13             (h) Nothing in this section shall be interpreted to prohibit a court of
14       competent jurisdiction from making an order disclosing the findings or
15       information pursuant to a report of alleged or suspected child abuse or
16       neglect which has resulted in a child fatality or near fatality if the court
17       determines such disclosure is necessary to a legitimate state purpose. In
18       making such order, the court shall give due consideration to the privacy
19       of the child, if, living, or the child's siblings, parents or guardians.
20             (i) Information authorized to be disclosed in subsections (d) through
21       (g) shall not contain information which identifies a reporter of a child in
22       need of care.
23             (j) Records or reports authorized to be disclosed in this section shall
24       not be further disclosed, except that the provisions of this subsection shall
25       not prevent disclosure of information to an educational institution or to
26       individual educators about a pupil specified in subsection (a) (b)(1)
27       through (5) of K.S.A. 1998 Supp. 72-89b03 section 2 and amendments
28       thereto.
29             (k) Anyone who participates in providing or receiving information
30       without malice under the provisions of this section shall have immunity
31       from any civil liability that might otherwise be incurred or imposed. Any
32       such participant shall have the same immunity with respect to participa-
33       tion in any judicial proceedings resulting from providing or receiving
34       information.
35             (l) No individual, association, partnership, corporation or other entity
36       shall willfully or knowingly disclose, permit or encourage disclosure of
37       the contents of records or reports concerning a child in need of care
38       received by the department of social and rehabilitation services, a law
39       enforcement agency or a juvenile intake and assessment worker except
40       as provided by this code. Violation of this subsection is a class B
41       misdemeanor.
42             Sec.  6. K.S.A. 1998 Supp. 38-1602 is hereby amended to read as
43       follows: 38-1602. As used in this code, unless the context otherwise

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  1       requires:
  2             (a) "Juvenile" means a person 10 or more years of age but less than
  3       18 years of age.
  4             (b) "Juvenile offender" means a person who does an act commits an
  5       offense while a juvenile which if done committed by an adult would con-
  6       stitute the commission of a felony or misdemeanor as defined by K.S.A.
  7       21-3105 and amendments thereto or who violates the provisions of K.S.A.
  8       21-4204a or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and
  9       amendments thereto, but does not include:
10             (1) A person 14 or more years of age who commits a traffic offense,
11       as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto;
12             (2) a person 16 years of age or over who commits an offense defined
13       in chapter 32 of the Kansas Statutes Annotated;
14             (3) a person whose prosecution as an adult is authorized pursuant to
15       K.S.A. 38-1636 and amendments thereto and whose prosecution results
16       in the conviction of an adult crime; or
17             (4) a person who has been found to be an extended jurisdiction ju-
18       venile pursuant to subsection (a)(2) of K.S.A. 38-1636, and amendment
19       thereto, and whose stay of adult sentence execution has been revoked
20       under 18 years of age who previously has been:
21             (A) Convicted as an adult under the Kansas code of criminal
22       procedure;
23             (B) sentenced as an adult under the Kansas code of criminal proce-
24       dure following termination of status as an extended jurisdiction juvenile
25       pursuant to K.S.A. 38-16,126, and amendments thereto; or
26             (C) convicted or sentenced as an adult in another state or foreign
27       jurisdiction under substantially similar procedures described in K.S.A. 38-
28       1636, and amendments thereto, or because of attaining the age of majority
29       designated in that state or jurisdiction.
30             (c) "Parent," when used in relation to a juvenile or a juvenile of-
31       fender, includes a guardian, conservator and every person who is by law
32       liable to maintain, care for or support the juvenile.
33             (d) "Law enforcement officer" means any person who by virtue of
34       that person's office or public employment is vested by law with a duty to
35       maintain public order or to make arrests for crimes, whether that duty
36       extends to all crimes or is limited to specific crimes.
37             (e) "Youth residential facility" means any home, foster home or struc-
38       ture which provides twenty-four-hour-a-day care for juveniles and which
39       is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
40       Annotated.
41             (f) "Juvenile detention facility" means any secure public or private
42       facility which is used for the lawful custody of accused or adjudicated
43       juvenile offenders and which must shall not be a jail.

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  1             (g) "Juvenile correctional facility" means a facility operated by the
  2       commissioner for juvenile offenders.
  3             (h) "Warrant" means a written order by a judge of the court directed
  4       to any law enforcement officer commanding the officer to take into cus-
  5       tody the juvenile named or described therein.
  6             (i) "Commissioner" means the commissioner of juvenile justice.
  7             (j) "Jail" means:
  8             (1) An adult jail or lockup; or
  9             (2) a facility in the same building as an adult jail or lockup, unless the
10       facility meets all applicable licensure requirements under law and there
11       is (A) total separation of the juvenile and adult facility spatial areas such
12       that there could be no haphazard or accidental contact between juvenile
13       and adult residents in the respective facilities; (B) total separation in all
14       juvenile and adult program activities within the facilities, including rec-
15       reation, education, counseling, health care, dining, sleeping, and general
16       living activities; and (C) separate juvenile and adult staff, including man-
17       agement, security staff and direct care staff such as recreational, educa-
18       tional and counseling.
19             (k) "Court-appointed special advocate" means a responsible adult,
20       other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-
21       ments thereto, who is appointed by the court to represent the best inter-
22       ests of a child, as provided in K.S.A. 1998 Supp. 38-1606a, and amend-
23       ments thereto, in a proceeding pursuant to this code.
24             (l) "Juvenile intake and assessment worker" means a responsible
25       adult authorized to perform intake and assessment services as part of the
26       intake and assessment system established pursuant to K.S.A. 76-3202 75-
27       7023, and amendments thereto.
28             (m) "Institution" means the following institutions: The Atchison ju-
29       venile correctional facility, the Beloit juvenile correctional facility, the
30       Larned juvenile correctional facility and the Topeka juvenile correctional
31       facility.
32             (n) "Sanction Sanctions house" means a facility which is operated or
33       structured so as to ensure that all entrances and exits from the facility are
34       under the exclusive control of the staff of the facility, whether or not the
35       person being detained has freedom of movement within the perimeters
36       of the facility, or which relies on locked rooms and buildings, fences, or
37       physical restraint in order to control the behavior of its residents. Upon
38       an order from the court, a licensed juvenile detention facility may serve
39       as a sanction sanctions house. A sanction sanctions house may be physi-
40       cally connected physically to a nonsecure shelter facility provided the
41       sanction sanctions house is not a licensed juvenile detention facility.
42             (o) "Sentencing risk assessment tool" means an instrument adminis-
43       tered to juvenile offenders which delivers a score, or group of scores,

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  1       describing, but not limited to describing, the juvenile's potential risk to
  2       the community.
  3             (p) "Educational institution" means all schools at the elementary and
  4       secondary levels.
  5             (q) "Educator" means any administrator, teacher or other adminis-
  6       trative, professional or paraprofessional employee of an educational in-
  7       stitution who has exposure to a pupil specified in subsection (a) (b)(1)
  8       through (5) of K.S.A. 1998 Supp. 72-89b03 section 2 and amendments
  9       thereto. 
10       Sec.  7. K.S.A. 1998 Supp. 38-1502, 38-1502c, 38-1507, 38-1602, 38-
11       1602a, 72-89b02 and 72-89b03 are hereby repealed.
12        Sec.  8. This act shall take effect and be in force from and after its
13       publication in the statute book.