Session of 2000
Effective: Kansas Register

SENATE Substitute for HOUSE BILL No. 2224
An  Act concerning children; relating to children in need of care; juvenile offenders; amend-
      ing K.S.A. 38-1503, 38-1531, 38-1566, 38-1567, 38-1568 and 75-3329 and K.S.A. 1999
      Supp. 22-4904, 38-1502, 38-1507, 38-1513, 38-1532, 38-1542, 38-1543, 38-1544, 38-
      1562, 38-1563, 38-1565, 38-1581, 38-1583, 38-1584, 38-1587, 38-1591, 38-1632, 38-
      1663, 38-1664, 38-1673, 38-1674, 38-1675, 38-1676, 38-1691, 38-16,129 and 72-1113
      and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

      New Section  1. There is hereby established in the state treasury the
family services and community intervention fund which shall be admin-
istered by the secretary of social and rehabilitation services. The secretary
of social and rehabilitation services may accept money from any source
for the purposes for which money in the family services and community
intervention fund may be expended. Upon receipt of such money, the
secretary shall remit the entire amount at least monthly to the state trea-
surer, who shall deposit it in the state treasury and credit it to the family
services and community intervention fund. All moneys in the special fund
for family services and community intervention shall be used for the pur-
pose of assisting state, county, or local governments or political subdivi-
sions thereof; or community agencies; to provide services, intervention
and support services to children alleged or adjudged to be a child in need
of care as defined by K.S.A. 38-1502, and amendments thereto, especially
those youth at risk because of their own actions or behaviors and not due
to abuse or neglect by a parent, guardian or other person responsible for
their care. The purpose of the family services and community intervention
fund shall be to enhance the ability of families and children to resolve
problems within the family and community that might otherwise result
in a child becoming a ward of the court, by the collaboration of govern-
mental and local service providers. All expenditures from the family serv-
ices and community intervention 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 or by a person or
persons designated by the secretary.

      Sec.  2. K.S.A. 1999 Supp. 22-4904 is hereby amended to read as
follows: 22-4904. (a) (1) Except as provided in subsection (a)(2), within
10 days of the offender coming into any county in which the offender
resides or is temporarily domiciled for more than 10 days, the offender
shall register with the sheriff of the county.

      (2) Within 10 days of the offender coming into any county in which
the offender resides or temporarily resides for more than 10 days, any
offender who has provided the information and completed and signed
the registration form as required in K.S.A. 22-4905 and amendments
thereto, shall verify with the sheriff of the county that the sheriff has
received such offender's information and registration form.

      (3) For persons required to register as provided in subsection (a)(1),
the sheriff shall: (A) Explain the duty to register and the procedure for
registration;

      (B) obtain the information required for registration as provided in
K.S.A. 22-4907 and amendments thereto;

      (C) inform the offender that the offender must give written notice of
any change of address within 10 days of a change in residence to the law
enforcement agency where last registered and the Kansas bureau of in-
vestigation;

      (D) inform the offender that if the offender changes residence to
another state, the offender must inform the law enforcement agency
where last registered and the Kansas bureau of investigation of such
change in residence and must register in the new state within 10 days of
such change in residence; and

      (E) require the offender to read and sign the registration form which
shall include a statement that the requirements provided in this subsec-
tion have been explained to the offender.

      (4) Such sheriff, within three days of receipt of the initial registration
shall forward this information to the Kansas bureau of investigation.

      (5) Notwithstanding any other provision of law, if a diversionary
agreement or probation order, either adult or juvenile, or a juvenile of-
fender sentencing order, requires registration under the Kansas offender
registration act then all provisions of that act shall apply, except that the
term of registration shall be controlled by such diversionary agreement
or, probation order or juvenile offender sentencing order.

      (b)  (1) If any person required to register as provided in this act
changes the address of the person's residence, the offender, within 10
days, shall inform in writing the Kansas bureau of investigation of the new
address.

      (2) After receipt of the change of address, the Kansas bureau of in-
vestigation shall forward this information to the law enforcement agency
having jurisdiction of the new place of residence within 10 days of such
receipt of the change of address.

      (c) For any person required to register as provided in this act, every
90 days after the person's initial registration date during the period the
person is required to register, the following applies:

      (1) The Kansas bureau of investigation shall mail a nonforwardable
verification form to the last reported address of the person.

      (2) The person shall mail the verification form to the Kansas bureau
of investigation within 10 days after receipt of the form.

      (3) The verification form shall be signed by the person, and shall state
that the person still resides at the address last reported to the Kansas
bureau of investigation.

      (4) If the person fails to mail the verification form to the Kansas
bureau of investigation within 10 days after receipt of the form, the person
shall be in violation of the Kansas offender registration act.

      (5) Nothing contained in this section shall be construed to alleviate
any person required to register as provided in this act from meeting the
requirements prescribed in subsection (a)(1), (a)(2) and (b)(1).

      Sec.  3. K.S.A. 1999 Supp. 38-1502 is hereby amended to read as
follows: 38-1502. As used in this code, unless the context otherwise in-
dicates:

      (a) "Child in need of care" means a person less than 18 years of age
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. 72-977 or 72-1111,
and amendments thereto;

      (7) except in the case of a violation of K.S.A. 41-727, subsection (j)
of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
4204a and amendments thereto, does an act which, when committed by
a person under 18 years of age, is prohibited by state law, city ordinance
or county resolution but which is not prohibited when done by an adult;

      (8) while less than 10 years of age, commits any act which if done by
an adult would constitute the commission of a felony or misdemeanor as
defined by K.S.A. 21-3105 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 emo-
tionally abused or neglected, or sexually abused; or

      (12) while less than 10 years of age commits the offense defined in
K.S.A. 21-4204a and amendments thereto.

      (b) "Physical, mental or emotional abuse or neglect" means the in-
fliction of physical, mental or emotional injury or the causing of a dete-
rioration of a child and may include, but shall not be limited to, failing to
maintain reasonable care and treatment, negligent treatment or maltreat-
ment or exploiting a child to the extent that the child's health or emotional
well-being is endangered. 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 subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.

      (c) "Sexual abuse" means any act committed with a child which is
described in article 35, chapter 21 of the Kansas Statutes Annotated and
those acts described in K.S.A. 21-3602 or 21-3603, and amendments
thereto, regardless of the age of the child.

      (d) "Parent," when used in relation to a child or children, includes a
guardian, conservator and every person who is by law liable to maintain,
care for or support the child.

      (e) "Interested party" means the state, the petitioner, the child, any
parent and any person found to be an interested party pursuant to K.S.A.
38-1541 and amendments thereto.

      (f) "Law enforcement officer" means any person who by virtue of
office or public employment is vested by law with a duty to maintain
public order or to make arrests for crimes, whether that duty extends to
all crimes or is limited to specific crimes.

      (g) "Youth residential facility" means any home, foster home or struc-
ture which provides 24-hour-a-day care for children and which is licensed
pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.

      (h) "Shelter facility" means any public or private facility or home
other than a juvenile detention facility that may be used in accordance
with this code for the purpose of providing either temporary placement
for the care of children in need of care prior to the issuance of a dispos-
itional order or longer term care under a dispositional order.

      (i) "Juvenile detention facility" means any secure public or private
facility used for the lawful custody of accused or adjudicated juvenile
offenders which must not be a jail.

      (j) "Adult correction facility" means any public or private facility, se-
cure or nonsecure, which is used for the lawful custody of accused or
convicted adult criminal offenders.

      (k) "Secure facility" means a facility which 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 which 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.

      (l) "Ward of the court" means a child over whom the court has ac-
quired jurisdiction by the filing of a petition pursuant to this code and
who continues subject to that jurisdiction until the petition is dismissed
or the child is discharged as provided in K.S.A. 38-1503 and amendments
thereto.

      (m) "Custody," whether temporary, protective or legal, means the
status created by court order or statute which vests in a custodian,
whether an individual or an agency, the right to physical possession of
the child and the right to determine placement of the child, subject to
restrictions placed by the court.

      (n) "Placement" means the designation by the individual or agency
having custody of where and with whom the child will live.

      (o) "Secretary" means the secretary of social and rehabilitation serv-
ices.

      (p) "Relative" means a person related by blood, marriage or adoption
but, when referring to a relative of a child's parent, does not include the
child's other parent.

      (q) "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. 38-1505a
and amendments thereto, in a proceeding pursuant to this code.

      (r) "Multidisciplinary team" means a group of persons, appointed by
the court or by the state department of social and rehabilitation services
under K.S.A. 38-1523a and amendments thereto, which has knowledge
of the circumstances of a child in need of care. A multidisciplinary team
may serve as a community services team.

      (s) "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 licen-
sure requirements under law and there is (A) total separation of the ju-
venile and adult facility spatial areas such that there could be no haphaz-
ard 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.

      (t) "Kinship care" means the placement of a child in the home of the
child's relative or in the home of another adult with whom the child or
the child's parent already has a close emotional attachment.

      (u) "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.

      (v) "Abandon" means to forsake, desert or cease providing care for
the child without making appropriate provisions for substitute care.

      (w) "Permanent guardianship" means a judicially created relationship
between child and caretaker which is intended to be permanent and self-
sustaining without ongoing state oversight or intervention by the secre-
tary. The permanent guardian stands in loco parentis and exercises all
the rights and responsibilities of a parent. Upon appointment of a per-
manent guardian, the child in need of care proceedings shall be dismissed.
A permanent guardian may be appointed after termination of parental
rights or without termination of parental rights, if the parent consents
and agrees to the appointment of a permanent guardian. Upon appoint-
ment of a permanent guardian, the child shall be discharged from the
custody of the secretary.

      (x) "Aggravated circumstances" means the abandonment, torture,
chronic abuse, sexual abuse or chronic, life threatening neglect of a child.

      (y) "Permanency hearing" means a notice and opportunity to be
heard is provided to interested parties, foster parents, preadoptive parents
or relatives providing care for the child. The court, after consideration of
the evidence, shall determine whether progress toward the case plan goal
is adequate or reintegration is a viable alternative, or if the case should
be referred to the county or district attorney for filing of a petition to
terminate parental rights or to appoint a permanent guardian.

      (z) "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 home.

      (aa) "Educational institution" means all schools at the elementary and
secondary levels.

      (bb) "Educator" means any administrator, teacher or other profes-
sional or paraprofessional employee of an educational institution who has
exposure to a pupil specified in subsection (a) of K.S.A. 1999 Supp. 72-
89b03 and amendments thereto.

      (cc) "Neglect" means acts or omissions by a parent, guardian or per-
son 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 cus-
todian. Neglect may include but shall not be limited to:

      (1) Failure to provide the child with food, clothing or shelter neces-
sary 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 which 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 con-
dition if such treatment will make a child substantially more comfortable,
reduce pain and suffering, correct or substantially diminish a crippling
condition from worsening. A parent legitimately practicing religious be-
liefs 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 subsection (a)(2) of K.S.A. 38-1513, and amendments
thereto.

      (dd) "Community services team" means a group of persons, ap-
pointed by the court or by the state department of social and rehabilitation
services for the purpose of assessing the needs of a child who is alleged to
be a child in need of care.

      Sec.  4. K.S.A. 38-1503 is hereby amended to read as follows: 38-
1503. (a) Proceedings concerning any child who appears to be a child in
need of care shall be governed by this code, except in those instances
when the Indian child welfare act of 1978 (25 U.S.C. § § 1901 et seq.)
applies.

      (b) Subject to the uniform child custody jurisdiction act, K.S.A. 38-
1301 et seq. and amendments thereto, the district court shall have original
jurisdiction to receive and determine proceedings under this code.

      (c) When jurisdiction has been acquired by the court over the person
of a child in need of care it may continue until the child: (1) Has attained
the age of 21 years; (2) has been adopted; or (3) has been discharged by
the court. Any child 18 years of age or over may request, by motion to
the court, that the jurisdiction of the court cease. Subsequently, the court
shall enter an order discharging the person from any further jurisdiction
of the court.

      (d) When it is no longer appropriate for the court to exercise juris-
diction over a child the court, upon its own motion or the motion of an
interested party, shall enter an order discharging the child. Except upon
request of the child, the court shall not enter an order discharging a child
which reaches 18 years of age before completing the child's high school
education until June 1 of the school year during which the child became
18 years of age as long as the child is still attending high school.

      (e) Unless the court finds that substantial injustice would result, the
provisions of this code shall govern with respect to acts or omissions oc-
curring prior to the effective date of this code, and amendments thereto,
and with respect to children alleged or adjudicated to have done or to
have been affected by the acts or omissions, to the same extent as if the
acts or omissions had occurred on or after the effective date of this code,
and amendments thereto, and the children had been alleged or adjudi-
cated to be children in need of care.

      Sec.  5. K.S.A. 1999 Supp. 38-1507 is hereby amended to read as
follows: 38-1507. (a) Except as otherwise provided, in order to protect
the privacy of children who are the subject of a child in need of care
record or report, all records and reports concerning children in need of
care, including the juvenile intake and assessment report, received by the
department of social and rehabilitation services, a law enforcement
agency or any juvenile intake and assessment worker shall be kept con-
fidential except: (1) To those persons or entities with a need for infor-
mation that is directly related to achieving the purposes of this code, or
(2) upon an order of a court of competent jurisdiction pursuant to a
determination by the court that disclosure of the reports and records is
in the best interests of the child or are necessary for the proceedings
before the court, or both, and are otherwise admissible in evidence. Such
access shall be limited to in camera inspection unless the court otherwise
issues an order specifying the terms of disclosure.

      (b) The provisions of subsection (a) shall not prevent disclosure of
information to an educational institution or to individual educators about
a pupil specified in subsection (a) of K.S.A. 1999 Supp. 72-89b03 and
amendments thereto.

      (c) When a report is received by the department of social and reha-
bilitation services, a law enforcement agency or any juvenile intake and
assessment worker which indicates a child may be in need of care, the
following persons and entities shall have a free exchange of information
between and among them:

      (1) The department of social and rehabilitation services;

      (2) the commissioner of juvenile justice;

      (3) the law enforcement agency receiving such report;

      (4) members of a court appointed multidisciplinary team;

      (5) an entity mandated by federal law or an agency of any state au-
thorized to receive and investigate reports of a child known or suspected
to be in need of care;

      (6) a military enclave or Indian tribal organization authorized to re-
ceive and investigate reports of a child known or suspected to be in need
of care;

      (7) a county or district attorney;

      (8) a court services officer who has taken a child into custody pursuant
to K.S.A. 38-1527, and amendments thereto;

      (9) a guardian ad litem appointed for a child alleged to be in need of
care;

      (10) an intake and assessment worker; and

      (11) any community corrections program which has the child under
court ordered supervision;

      (12) the department of health and environment or persons authorized
by the department of health and environment pursuant to K.S.A. 59-512,
and amendments thereto, for the purpose of carrying out responsibilities
relating to licensure or registration of child care providers as required by
chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
thereto; and

      (13) members of a duly appointed community services team.

      (d) The following persons or entities shall have access to information,
records or reports received by the department of social and rehabilitation
services, a law enforcement agency or any juvenile intake and assessment
worker. Access shall be limited to information reasonably necessary to
carry out their lawful responsibilities to maintain their personal safety and
the personal safety of individuals in their care or to diagnose, treat, care
for or protect a child alleged to be in need of care.

      (1) A child named in the report or records.

      (2) A parent or other person responsible for the welfare of a child,
or such person's legal representative.

      (3) A court-appointed special advocate for a child, a citizen review
board or other advocate which reports to the court.

      (4) A person licensed to practice the healing arts or mental health
profession in order to diagnose, care for, treat or supervise: (A) A child
whom such service provider reasonably suspects may be in need of care;
(B) a member of the child's family; or (C) a person who allegedly abused
or neglected the child.

      (5) A person or entity licensed or registered by the secretary of health
and environment or approved by the secretary of social and rehabilitation
services to care for, treat or supervise a child in need of care. In order to
assist a child placed for care by the secretary of social and rehabilitation
services in a foster home or child care facility, the secretary shall provide
relevant information to the foster parents or child care facility prior to
placement and as such information becomes available to the secretary.

      (6) A coroner or medical examiner when such person is determining
the cause of death of a child.

      (7) The state child death review board established under K.S.A. 22a-
243, and amendments thereto.

      (8) A prospective adoptive parent prior to placing a child in their care.

      (9) The department of health and environment or person authorized
by the department of health and environment pursuant to K.S.A. 59-512,
and amendments thereto, for the purpose of carrying out responsibilities
relating to licensure or registration of child care providers as required by
chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
thereto.

      (10) The state protection and advocacy agency as provided by sub-
section (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A.
74-5515, and amendments thereto.

      (11) Any educational institution to the extent necessary to enable the
educational institution to provide the safest possible environment for its
pupils and employees.

      (12) Any educator to the extent necessary to enable the educator to
protect the personal safety of the educator and the educator's pupils.

      (13) The secretary of social and rehabilitation services.

      (14) A law enforcement agency.

      (15) A juvenile intake and assessment worker.

      (16) The commissioner of juvenile justice.

      (e) Information from a record or report of a child in need of care
shall be available to members of the standing house or senate committee
on judiciary, house committee on appropriations, senate committee on
ways and means, legislative post audit committee and joint committee on
children and families, carrying out such member's or committee's official
functions in accordance with K.S.A. 75-4319 and amendments thereto,
in a closed or executive meeting. Except in limited conditions established
by 2/3 of the members of such committee, records and reports received
by the committee shall not be further disclosed. Unauthorized disclosure
may subject such member to discipline or censure from the house of
representatives or senate.

      (f) Nothing in this section shall be interpreted to prohibit the secre-
tary of social and rehabilitation services from summarizing the outcome
of department actions regarding a child alleged to be a child in need of
care to a person having made such report.

      (g) Disclosure of information from reports or records of a child in
need of care to the public shall be limited to confirmation of factual details
with respect to how the case was handled that do not violate the privacy
of the child, if living, or the child's siblings, parents or guardians. Further,
confidential information may be released to the public only with the ex-
press written permission of the individuals involved or their representa-
tives or upon order of the court having jurisdiction upon a finding by the
court that public disclosure of information in the records or reports is
necessary for the resolution of an issue before the court.

      (h) Nothing in this section shall be interpreted to prohibit a court of
competent jurisdiction from making an order disclosing the findings or
information pursuant to a report of alleged or suspected child abuse or
neglect which has resulted in a child fatality or near fatality if the court
determines such disclosure is necessary to a legitimate state purpose. In
making such order, the court shall give due consideration to the privacy
of the child, if, living, or the child's siblings, parents or guardians.

      (i) Information authorized to be disclosed in subsections (d) through
(g) shall not contain information which identifies a reporter of a child in
need of care.

      (j) Records or reports authorized to be disclosed in this section shall
not be further disclosed, except that the provisions of this subsection shall
not prevent disclosure of information to an educational institution or to
individual educators about a pupil specified in subsection (a) of K.S.A.
1999 Supp. 72-89b03 and amendments thereto.

      (k) Anyone who participates in providing or receiving information
without malice under the provisions of this section shall have immunity
from any civil liability that might otherwise be incurred or imposed. Any
such participant shall have the same immunity with respect to participa-
tion in any judicial proceedings resulting from providing or receiving in-
formation.

      (l) No individual, association, partnership, corporation or other entity
shall willfully or knowingly disclose, permit or encourage disclosure of
the contents of records or reports concerning a child in need of care
received by the department of social and rehabilitation services, a law
enforcement agency or a juvenile intake and assessment worker except
as provided by this code. Violation of this subsection is a class B misde-
meanor.

      Sec.  6. K.S.A. 1999 Supp. 38-1513 is hereby amended to read as
follows: 38-1513. (a) Physical or mental care and treatment. (1) When a
child less than 18 years of age is alleged to have been physically, mentally
or emotionally abused or neglected or sexually abused, no consent shall
be required to medically examine the child to determine whether there
has been sexual abuse the child has been maltreated.

      (2) When the health or condition of a child who is a ward of the court
requires it, the court may consent to the performing and furnishing of
hospital, medical, surgical or dental treatment or procedures, including
the release and inspection of medical or dental records. A child, or parent
of any child, who is opposed to certain medical procedures authorized by
this subsection may request an opportunity for a hearing thereon before
the court. Subsequent to the hearing, the court may limit the performance
of matters provided for in this subsection or may authorize the perform-
ance of those matters subject to terms and conditions the court considers
proper.

      (3) Prior to adjudication disposition the person having custody of the
child may give consent to the following:

      (A) Dental treatment for the child by a licensed dentist;

      (B) diagnostic examinations of the child, including but not limited to
the withdrawal of blood or other body fluids, x-rays and other laboratory
examinations;

      (C) releases and inspections of the child's medical history records;

      (D) immunizations for the child;

      (E) administration of lawfully prescribed drugs to the child; and

      (F) examinations of the child including, but not limited to, the with-
drawal of blood or other body fluids or tissues, for the purpose of deter-
mining the child's parentage.

      (4) When the court has granted legal custody of a child in a disposi-
tional hearing to any agency, association or individual, the custodian or
an agent designated by the custodian shall have authority to consent to
the performance and furnishing of hospital, medical, surgical or dental
treatment or procedures or mental care or treatment other than inpatient
treatment at a state psychiatric hospital, including the release and in-
spection of medical or hospital records, subject to terms and conditions
the court considers proper.

      (5) If a child is already in the custody of the secretary, the secretary
may consent to the mental care and treatment of the child, without court
approval, so long as such care and treatment do not include inpatient
treatment at a state psychiatric hospital.

      (6) Any health care provider who in good faith renders hospital, med-
ical, surgical, mental or dental care or treatment to any child after a con-
sent has been obtained as authorized by this section shall not be liable in
any civil or criminal action for failure to obtain consent of a parent.

      (7) Nothing in this section shall be construed to mean that any person
shall be relieved of legal responsibility to provide care and support for a
child.

      (b) Mental care and treatment requiring court action. If it is brought
to the court's attention, while the court is exercising jurisdiction over the
person of a child under this code, that the child may be a mentally ill
person as defined in K.S.A. 1999 Supp. 59-2946 and amendments thereto,
the court may:

      (1) Direct or authorize the county or district attorney or the person
supplying the information to file the petition provided for in K.S.A. 1999
Supp. 59-2957 and amendments thereto and proceed to hear and deter-
mine the issues raised by the application as provided in the care and
treatment act for mentally ill persons; or

      (2) authorize that the child seek voluntary admission to a treatment
facility as provided in K.S.A. 1999 Supp. 59-2949 and amendments
thereto.

      The application to determine whether the child is a mentally ill person
may be filed in the same proceedings as the petition alleging the child to
be a child in need of care, or may be brought in separate proceedings. In
either event the court may enter an order staying any further proceedings
under this code until all proceedings have been concluded under the care
and treatment act for mentally ill persons.

      Sec.  7. K.S.A. 38-1531 is hereby amended to read as follows: 38-
1531. (a) Filing of petition. An action pursuant to this code is commenced
by the filing of a petition with the clerk of the district court.

      (b) Contents of petition. (1) The petition shall state, if known:

      (A) The name, date of birth and residence address of the child;

      (B) the name and residence address of the child's parents;

      (C) the name and residence address of any persons having custody
or control of the child, or the nearest known relative if no parent can be
found; and

      (D) plainly and concisely in the language of the statutory definition,
the basis for requesting that the court assume jurisdiction over the child.

      (2) The petition shall also state the specific facts which are relied
upon to support the allegation referred to in the preceding paragraph
including any known dates, times and locations.

      (3) The proceedings shall be entitled: "In the Interest of ______."

      (4) The petition shall contain a request that the court find the child
to be a child in need of care.

      (5) The petition shall contain a request that the parent or parents be
ordered to pay child support. The request for child support may be omit-
ted with respect to a parent already ordered to pay child support for the
child and shall be omitted with respect to one or both parents upon
written request of the secretary.

      (6) If the petition requests removal of the child from the child's home,
the petition shall specify the efforts known to the petitioner to maintain
the family unit and prevent the unnecessary removal of the child from the
child's home, or shall specify the facts supporting that an emergency exists
which threatens the safety of the child.

      (7) If the petition requests custody of the child to the secretary, the
petition shall specify the facts supporting that allowing the child to remain
in the home would be contrary to the welfare of the child or that placement
is in the best interests of the child.

      (c) Motions. Motions may be made orally or in writing. The motion
shall state with particularity the grounds for the motion and shall state
the relief or order sought.

      Sec.  8. K.S.A. 1999 Supp. 38-1532 is hereby amended to read as
follows: 38-1532. Upon the filing of a petition under this code the court
shall proceed by one of the following methods:

      (a) Issue summons stating the place and time at which the parties are
required to appear and answer the allegations of the petition, which shall
be within 30 days of the date the petition is filed, and deliver the summons
with copies of the petition attached to the sheriff or a person specially
appointed to serve it.

      (b) If the child has been taken into protective custody under the
provisions of K.S.A. 38-1542 and a temporary custody hearing is held as
required by K.S.A. 38-1543, a copy of the petition shall be served at the
hearing on each interested party who is in attendance at the hearing and
a record of service made a part of the proceedings. The court shall an-
nounce the time the parties will be required to next appear before the
court. Process shall be served on any interested party not at the temporary
custody hearing.

      Upon the written request of the petitioner or the county or district
attorney separate or additional summons shall be issued to any interested
party.

      The court shall attempt to notify both parents, if known.

      (c) If the petition requests custody to the secretary, the court shall
cause a copy of the petition to be provided to the secretary for the purpose
of documentation upon filing. However, the failure of the secretary to
receive a copy of the petition shall not affect the jurisdiction of the court
or its authority in the proceeding.

      Sec.  9. K.S.A. 1999 Supp. 38-1542 is hereby amended to read as
follows: 38-1542. (a) The court upon verified application may issue ex
parte an order directing that a child be held in protective custody and, if
the child has not been taken into custody, an order directing that the
child be taken into custody. The application shall state for each child:

      (1) The applicant's belief that the child is a child in need of care and
that allowing the child to remain in the home is contrary to the welfare
of the child or placement is in the best interest of the child and that the
child is likely to sustain harm if not immediately afforded protective cus-
tody; and

      (2) the specific facts which are relied upon to support the belief ap-
plication, including efforts known to the applicant, to maintain the family
unit and prevent the unnecessary removal of the child from the child's
home, or the specific facts supporting that an emergency exists which
threatens the safety of the child.

      (b)  (1) The order of protective custody may be issued only after the
court has determined there is probable cause to believe the allegations
in the application are true. The order shall remain in effect until the
temporary custody hearing provided for in K.S.A. 38-1543, and amend-
ments thereto, unless earlier rescinded by the court.

      (2)  No child shall be held in protective custody for more than 72
hours, excluding Saturdays, Sundays and legal holidays, unless within the
72-hour period a determination is made as to the necessity for temporary
custody in a temporary custody hearing. Nothing in this subsection (b)(2)
shall be construed to mean that the child must remain in protective cus-
tody for 72 hours.

      (c) Whenever the court determines the necessity for an order of pro-
tective custody, the court may place the child in the protective custody
of: (1) A parent or other person having custody of the child and may enter
a restraining order pursuant to subsection (d) (e); (2) 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 Anno-
tated; (3) a youth residential facility; or (4) the secretary if the child is
alleged to be a child in need of care the court may award custody to the
secretary. However, 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 protective
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 protective 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 circumstances re-
quire, a child in protective custody may be placed in a juvenile detention
facility or other secure facility pursuant to an order of protective custody
for not to exceed 24 hours, excluding Saturdays, Sundays and legal holi-
days.

      (d) The order of protective custody shall be served on the child's
parents and any other person having legal custody of the child. The order
shall prohibit all parties from removing the child from the court's juris-
diction without the court's permission.

      (e) If the court issues an order of protective 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, other family mem-
ber or witness; or attempting to visit, contact, harass or intimidate the
child, other family member or witness. Such restraining order shall be
served on any alleged perpetrator to whom the order is directed.

      (f) The court shall not enter an order removing a child from the
custody of a parent pursuant to this section unless the court first finds
from evidence presented by the petitioner that reasonable efforts have
been made to maintain the family unit and prevent or eliminate the need
for the unnecessary removal of the child from the child's home or that an
emergency exists which threatens the safety of the child and requires the
that remaining in the home is contrary to the welfare of the child or that
immediate removal placement is in the best interest of the child. Such
findings shall be included in any order entered by the court. If the child
is placed in the custody of the secretary, the court shall provide the sec-
retary with a written copy of any orders entered for the purpose of doc-
umenting these orders upon making the order.

      Sec.  10. K.S.A. 1999 Supp. 38-1543 is hereby amended to read as
follows: 38-1543. (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 and legal holidays, 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 hear-
ing. Notice of a temporary custody hearing shall be in substantially the
following form:

(Name of Court) (Caption of Case)

NOTICE OF TEMPORARY CUSTODY HEARING TO:

(Names)	(Relationship)	(Addresses)

 On ________, ________ 19 __ (year), at __ o'clock __m.

         (day)         (date)
the court will conduct a hearing at ________ to determine if the above named child
or children should be in the temporary custody of some person or agency other than the
parent or other person having legal custody prior to the hearing on the petition filed in the
above captioned case. The court may order one or both parents to pay child support.

      ________, an attorney, has been appointed as guardian ad litem for the child or
children. Each parent or other legal custodian has the right to appear and be heard person-
ally, either with or without an attorney. An attorney will be appointed for a parent who can
show that the parent is not financially able to hire one.

Date_______________, 19 (year)	Clerk of the District Court
	by____________________
	(Seal)

REPORT OF SERVICE
      I certify that I have delivered a true copy of the above notice to the persons above named
in the manner and at the times indicated below:

Name	Location of Service	Manner of Service	Date	Time
	(other than above)

Date Returned ____________, 19 (year)

	(Signature)
	(Title)

      (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, 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 unnec-
essary 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 in substantially the
following form:

(Name of Court) (Caption of Case)

CERTIFICATE OF ORAL NOTICE OF TEMPORARY CUSTODY HEARING       I gave oral notice that the court will conduct a hearing at ______ o'clock __m. on
________, 19 (year), to the persons listed, in the manner and at the times indicated
below:

Name	Relationship	Date	Time	Method of Communication (in person or telephone)

I advised each of the above persons that:

      (1) The hearing is to determine if the above child or children should be in the tem-
              porary custody of a person or agency other than a parent;

      (2) the court will appoint an attorney to serve as guardian ad litem for the child or
              children named above;

      (3) each parent or legal custodian has the right to appear and be heard personally
              either with or without an attorney;

      (4) an attorney will be appointed for a parent who can show that the parent is not
              financially able to hire an attorney; and

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

	(Signature)
	(Name Printed)
	(Title)

      (f) The court may enter an order of temporary custody after deter-
mining that: (1) The child is dangerous to self or to others; (2) the child
is not likely to be available within the jurisdiction of the court for future
proceedings; or (3) the health or welfare of the child may be endangered
without further care.

      (g) Whenever the court determines the necessity for an order of tem-
porary custody the court may place the child in the temporary custody
of: (1) A parent or other person having custody of the child and may enter
a restraining order pursuant to subsection (h); (2) 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 Anno-
tated; (3) a youth residential facility; or (4) the secretary if the child is
alleged to be a child in need of care, the court may award custody to the
secretary. However, 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 circumstances re-
quire, a child may be placed in a juvenile detention facility or other secure
facility, but the total amount of time that the child may be held in such
facility under this section and K.S.A. 38-1542 and amendments thereto
shall not exceed 24 hours, excluding Saturdays, Sundays and legal holi-
days. The order of temporary custody shall remain in effect until modified
or rescinded by the court or a disposition order is entered but not ex-
ceeding 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
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.

      (i) The court shall not enter an order removing a child from the cus-
tody of a parent pursuant to this section unless the court first finds from
evidence presented by the petitioner that reasonable efforts have been
made to maintain the family unit and prevent or eliminate the need for
the unnecessary removal of the child from the child's home or that an
emergency exists which threatens the safety of the child and requires the
immediate removal that remaining in the home is contrary to the welfare
of the child or that placement is in the best interest of the child. Such
findings shall be included in any order entered by the court. If the child
is placed in the custody of the secretary, the court shall provide the sec-
retary with a written copy of any orders entered for the purpose of doc-
umenting these orders upon making the order.

      Sec.  11. K.S.A. 1999 Supp. 38-1544 is hereby amended to read as
follows: 38-1544. (a) At any time after filing a petition, but prior to an
adjudication, the court may enter an order for continuance and informal
supervision without an adjudication if no interested party objects. Upon
granting the continuance, the court shall include in the order any con-
ditions with which the interested parties are expected to comply and
provide the parties with a copy of the order. The conditions may include
appropriate dispositional alternatives authorized by K.S.A. 38-1563 and
amendments thereto.

      (b) An order for informal supervision may remain in force for a period
of up to six months and may be extended, upon hearing, for an additional
six-month period for a total of one year.

      (c) The court after notice and hearing may revoke or modify the order
with respect to a party upon a showing that the party, being subject to
the order for informal supervision, has substantially failed to comply with
the terms of the order, or that modification would be in the best interests
of the child. Upon revocation, proceedings shall resume pursuant to this
code.

      (d) Parties to the order for informal supervision who successfully
complete the terms and period of supervision shall not again be pro-
ceeded against in any court based solely upon the allegations in the orig-
inal petition and the proceedings shall be dismissed.

      (e) If the court issues an order for informal supervision pursuant to
this section, the court may enter an order restraining any alleged perpe-
trator of physical, sexual, mental or emotional abuse of the child from
residing in the child's home, visiting, contacting, harassing or intimidating
the child, other family member or witness; or attempting to visit, contact,
harass or intimidate the child, other family member or witness.

      Sec.  12. K.S.A. 1999 Supp. 38-1562 is hereby amended to read as
follows: 38-1562. (a) At any time after a child has been adjudicated to be
a child in need of care and prior to disposition, the judge shall permit any
interested parties, and any persons required to be notified pursuant to
subsection (b), to be heard as to proposals for appropriate disposition of
the case.

      (b) Before entering an order placing the child in the custody of a
person other than the child's parent, the court shall require notice of the
time and place of the hearing to be given to all the child's grandparents
at their last known addresses or, if no grandparent is living or if no living
grandparent's address is known, to the closest relative of each of the
child's parents whose address is known, and to the foster parent, prea-
doptive parent or relative providing care. Such notice shall be given by
restricted mail not less than 10 business days before the hearing and shall
state that the person receiving the notice shall have an opportunity to be
heard at the hearing. The provisions of this subsection shall not require
additional notice to any person otherwise receiving notice of the hearing
pursuant to K.S.A. 38-1536 and amendments thereto. Individuals receiv-
ing 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.

      (c) Prior to entering an order of disposition, the court shall give con-
sideration to the child's physical, mental and emotional condition; the
child's need for assistance; the manner in which the parent participated
in the abuse, neglect or abandonment of the child; any relevant infor-
mation from the intake and assessment process; and the evidence re-
ceived at the dispositional hearing. In determining when reunification is
a viable alternative, the court shall specifically consider whether the par-
ent has been found by a court to have: (1) Committed murder in the first
degree, K.S.A. 21-3401 and amendments thereto, murder in the second
degree, K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A.
21-3439 and amendments thereto, voluntary manslaughter, K.S.A. 21-
3403 and amendments thereto or violated a law of another state which
prohibits such murder or manslaughter of a child; (2) aided or abetted,
attempted, conspired or solicited to commit such murder or voluntary
manslaughter of a child as provided in subsection (c)(1); (3) committed a
felony battery that resulted in bodily injury to the child or another child;
(4) subjected the child or another child to aggravated circumstances as
defined in subsection (x) of K.S.A. 38-1502 and amendments thereto; (5)
parental rights of the parent to another child have been terminated in-
voluntarily; or (6) the child has been in extended out of home placement
as defined in subsection (z) of K.S.A. 38-1502 and amendments thereto.
If reintegration is not a viable alternative, the court shall consider whether
a compelling reason has been documented in the case plan to find neither
adoption nor permanent guardianship are in the best interests of the
child, the child is in a stable placement with a relative, or services set out
in the case plan necessary for the safe return of the child have been made
available to the parent with whom reintegration is planned. If reintegra-
tion is not a viable alternative and either adoption or permanent guardi-
anship might be in the best interests of the child, the county or district
attorney or the county or district attorney's designee shall file a motion
to terminate parental rights or a motion to establish permanent guardi-
anship within 30 days and the court shall set a hearing on such motion
within 90 days of the filing of such motion. No such hearing is required
when the parents voluntarily relinquish parental rights or agree to ap-
pointment of a permanent guardian.

      Sec.  13. K.S.A. 1999 Supp. 38-1563 is hereby amended to read as
follows: 38-1563. (a) After consideration of any evidence offered relating
to disposition, the court may retain jurisdiction and place the child in the
custody of the child's parent subject to terms and conditions which the
court prescribes to assure the proper care and protection of the child,
including supervision of the child and the parent by a court services of-
ficer, or may order the child and the parent to participate in programs
operated by the secretary or another appropriate individual or agency.
The terms and conditions may require any special treatment or care which
the child needs for the child's physical, mental or emotional health.

      (b) The duration of any period of supervision or other terms or con-
ditions shall be for an initial period of no more than 18 12 months. The
court, at the expiration of that period, upon a hearing and for good cause
shown, may make successive extensions of the supervision or other terms
or conditions for up to 12 months at a time.

      (c) The court may order the child and the parents of any child who
has been adjudged a child in need of care to attend counseling sessions
as the court directs. The expense of the counseling may be assessed as
an expense in the case. No mental health center shall charge a greater
fee for court-ordered counseling than the center would have charged to
the person receiving counseling if the person had requested counseling
on the person's own initiative.

      (d) If the court finds that placing the child in the custody of a parent
will not assure protection from physical, mental or emotional abuse or
neglect or sexual abuse or will not is contrary to the welfare of the child
or that placement would be in the best interests of the child, the court
shall enter an order awarding custody of the child, until the further order
of the court, to one of the following:

      (1) A relative of the child or a person with whom the child has close
emotional ties;

      (2) any other suitable person;

      (3) a shelter facility; or

      (4) the secretary.

      If the child is adjudged to be a child in need of care, the court shall not
place the child in the custody of the secretary if the court has received
from the secretary, written documentation of the services and/or com-
munity services plan offered or delivered to prevent the need for such
custody unless the court finds that the services documented by the sec-
retary are insufficient to protect the safety of the child and that being in
the custody of the parent with such services in place is contrary to the
welfare or that placement is in the best interests of the child. The court
shall have the authority to require any person or entity agreeing to par-
ticipate in the plan to perform as set out in the plan. The secretary shall
present to the court in writing the specific actions taken to maintain the
family unit and prevent the unnecessary removal of the child from the
child's home.

      In making such a custody order, the court shall give preference, to the
extent that the court finds it is in the best interests of the child, first to
granting custody to a relative of the child and second to granting custody
of the child to a person with whom the child has close emotional ties. If
the court has awarded legal custody based on the finding specified by this
subsection, the legal custodian shall not return the child to the home of
that parent without the written consent of the court.

      (e) When the custody of the child is awarded to the secretary:

      (1) The court may recommend to the secretary where the child
should be placed.

      (2) The secretary shall notify the court in writing of any placement
of the child or, within 10 days of the order awarding the custody of the
child to the secretary, any proposed placement of the child, whichever
occurs first.

      (3) The court may determine if such placement is contrary to the
welfare or in the best interests of the child, and if the court determines
that such placement is not in the best interests of the child, the court
shall notify the secretary who shall then make an alternative placement
subject to the procedures established in this paragraph. In determining
if such placement is in the best interests of the child, the court, after
providing the parties with an opportunity to be heard, shall consider the
health and safety needs of the child and the resources available to meet
the needs of children in the custody of the secretary.

      (4) When the secretary provides the court with a plan to provide
services to a child or family which the court finds is in place and which
will assure the safety of the child, the court shall approve the return of
the child to the child's home. 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.

      (f) If custody of a child is awarded under this section to a person
other than the child's parent, the court may grant any individual reason-
able rights to visit the child upon motion of the individual and a finding
that the visitation rights would be in the best interests of the child.

      (g) If the court issues an order of custody pursuant to this section,
the court may enter an order restraining any alleged perpetrator of phys-
ical, sexual, mental or emotional abuse of the child from residing in the
child's home; visiting, contacting, harassing or intimidating the child,
other family member or witness; or attempting to visit, contact, harass or
intimidate the child, other family member or witness.

      (h) The court shall not enter an order removing a child from the
custody of a parent pursuant to this section unless the court first finds
from evidence presented by the petitioner that reasonable efforts have
been made to maintain the family unit and prevent or eliminate the need
for the unnecessary removal of the child; from the child's home or that
reasonable efforts are not necessary because reintegration is not a viable
alternative; or that an emergency exists which threatens the safety of the
child and requires the immediate removal that allowing the child to re-
main in the home is contrary to the welfare of the child or that placement
would be in the best interest of the child. If the child is placed in the
custody of the secretary, the court shall provide the secretary with a copy
of any orders entered for the purpose of documenting these orders within
10 days of making the order. Reintegration may not be a viable alternative
when the: (1) Parent has been found by a court to have committed murder
in the first degree, K.S.A. 21-3401, and amendments thereto, murder in
the second degree, K.S.A. 21-3402, and amendments thereto, capital
murder, K.S.A. 21-3439, and amendments thereto, voluntary manslaugh-
ter, K.S.A. 21-3403, and amendments thereto, or violated a law of another
state which prohibits such murder or manslaughter of a child; (2) parent
aided or abetted, attempted, conspired or solicited to commit such mur-
der or voluntary manslaughter of a child as provided in subsection (h)(1);
(3) parent committed a felony battery that resulted in bodily injury to the
child or another child; (4) parent has subjected the child or another child
to aggravated circumstances as defined in subsection (x) of K.S.A. 38-
1502, and amendments thereto; (5) parental rights of the parent to an-
other child have been terminated involuntarily or (6) the child has been
in extended out of home placement as defined in subsection (z) of K.S.A.
38-1502, and amendments thereto. Such findings shall be included in any
order entered by the court.

      (i) In addition to or in lieu of any other order authorized by this
section, if a child is adjudged to be a child in need of care by reason of a
violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.,
and amendments thereto), or K.S.A. 41-719, 41-804, 41-2719, 65-4152,
65-4153, 65-4154 or 65-4155, and amendments thereto, the court shall
order the child to submit to and complete an alcohol and drug evaluation
by a community-based alcohol and drug 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. If the
court finds that the child and those legally liable for the child's support
are indigent, the fee may be waived. In no event shall the fee be assessed
against the secretary or the department of social and rehabilitation serv-
ices.

      (j) In addition to any other order authorized by this section, if child
support has been requested and the parent or parents have a duty to
support the child, the court may order one or both parents to pay child
support and, when custody is awarded to the secretary, the court shall
order one or both parents to pay child support. The court shall determine,
for each parent separately, whether the parent is already subject to an
order to pay support for the child. If the parent is not presently ordered
to pay support for any child who is a ward of the court and the court has
personal jurisdiction over the parent, the court shall order the parent to
pay child support in an amount determined under K.S.A. 38-1595, and
amendments thereto. Except for good cause shown, the court shall issue
an immediate income withholding order pursuant to K.S.A. 23-4,105 et
seq., and amendments thereto, for each parent ordered to pay support
under this subsection, regardless of whether a payor has been identified
for the parent. A parent ordered to pay child support under this subsec-
tion shall be notified, at the hearing or otherwise, that the child support
order may be registered pursuant to K.S.A. 38-1597, and amendments
thereto. The parent shall also be informed that, after registration, the
income withholding order may be served on the parent's employer with-
out further notice to the parent and the child support order may be en-
forced by any method allowed by law. Failure to provide this notice shall
not affect the validity of the child support order.

      Sec.  14. K.S.A. 1999 Supp. 38-1565 is hereby amended to read as
follows: 38-1565. (a) If a child is placed outside the child's home and no
permanency plan is made a part of the record of the dispositional hearing,
a written permanency plan shall be prepared which provides for reinte-
gration of the child into the child's family or, if reintegration is not a
viable alternative, for other permanent placement of the child. Reinte-
gration may not be a viable alternative when the: (1) Parent has been
found by a court to have committed murder in the first degree, K.S.A.
21-3401 and amendments thereto, murder in the second degree, K.S.A.
21-3402 and amendments thereto, capital murder, K.S.A. 21-3439 and
amendments thereto, voluntary manslaughter, K.S.A. 21-3403 and
amendments thereto or violated a law of another state which prohibits
such murder or manslaughter of a child; (2) parent aided or abetted,
attempted, conspired or solicited to commit such murder or voluntary
manslaughter of a child as provided in subsection (a)(1); (3) parent com-
mitted a felony battery that resulted in bodily injury to the child or an-
other child; (4) parent has subjected the child or another child to aggra-
vated circumstances as defined in subsection (x) of K.S.A. 38-1502, and
amendments thereto; (5) parental rights of the parent to another child
have been terminated involuntarily; or (6) the child has been in extended
out of home placement as defined in subsection (z) of K.S.A. 38-1502
and amendments thereto. If the permanency goal is reintegration into the
family, the permanency plan shall include measurable objectives and time
schedules for reintegration. The plan shall be submitted to the court not
later than 30 days after the dispositional order is entered. If the child is
placed in the custody of the secretary, the plan shall be prepared and
submitted by the secretary. If the child is placed in the custody of a facility
or person other than the secretary, the plan shall be prepared and sub-
mitted by a court services officer.

      (b) A court services officer or, if the child is in the secretary's custody,
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 subsection (a) and the specific actions taken
to achieve the goals of the permanency plan. If the child is placed in foster
care, the foster parent or parents shall submit to the court, at least every
six months, a report in regard to the child's adjustment, progress and
condition. The department of social and rehabilitation services shall notify
the foster parent or parents of the foster parent's or parent's duty to
submit such report, on a form provided by the department of social and
rehabilitation services, at least two weeks prior to the date when the
report is due, and the name of the judge and the address of the court to
which the report is to be submitted. Such report shall be confidential and
shall only be reviewed by the court and the child's guardian ad litem. The
court shall review the progress being made toward plan submitted by the
secretary, the reports submitted by foster parents and determine whether
reasonable efforts and progress have been made to achieve the goals of
the permanency plan and the foster parent report and,. If the court de-
termines that progress is inadequate or that the permanency plan is no
longer viable, the court shall hold a hearing pursuant to subsection (c). If
the secretary has custody of the child, such hearing shall be held no more
than 12 months after the child is placed outside the child's home and at
least every 12 months thereafter. For children in the custody of the sec-
retary prior to July 1, 1998, within 30 days of receiving a request from
the secretary, a permanency hearing shall be held. At each hearing, the
court shall make a written finding whether reasonable efforts have been
made to accomplish the permanency goal and whether continued out of
home placement is necessary for the child's safety. If the goal of the per-
manency plan submitted pursuant to subsection (a) is reintegration into
the family and the court determines after 12 months from the time such
plan is first submitted that progress is inadequate, the court shall hold a
hearing pursuant to subsection (c). Nothing in this subsection shall be
interpreted to prohibit termination of parental rights prior to the expi-
ration of 12 months.

      (c) Whenever a hearing is required under subsection (b), the court
shall notify all interested parties and the foster parents, preadoptive par-
ents or relatives providing care for the child and hold a hearing. Individ-
uals 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 interested parties, foster parents, preadoptive parents
or relatives providing care for the child an opportunity to be heard, the
court shall determine whether the child's needs are being adequately met
and whether reintegration continues to be a viable alternative. If the court
finds reintegration is no longer a viable alternative, the court shall con-
sider whether the child is in a stable placement with a relative, services
set out in the case plan necessary for the safe return of the child have
been made available to the parent with whom reintegration is planned or
compelling reasons are documented in the case plan to support a finding
that neither adoption nor permanent guardianship are in the child's best
interest. If reintegration is not a viable alternative and either adoption or
permanent guardianship might be in the best interests of the child, the
county or district attorney or the county or district attorney's designee
shall file a motion to terminate parental rights or for a motion to establish
a permanent guardianship within 30 days and the court shall set a hearing
on such motion within 90 days of the filing of such motion. When the
court finds reintegration continues to be a viable alternative, the court
shall determine whether and, if applicable, when the child will be returned
to the parent; 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 (c).
No such hearing is required when the parents voluntarily relinquish pa-
rental rights or agree to appointment of a permanent guardian.

      Sec.  15. K.S.A. 38-1566 is hereby amended to read as follows: 38-
1566.  (a) Except as provided in K.S.A. 38-1567, and amendments
thereto, if a child has been in the same foster home or shelter facility for
six months or longer, or has been placed by the secretary in the home of
a parent or relative, the secretary shall give written notice of any plan to
move the child to a different placement. The notice shall be given to (a)
(1) the court having jurisdiction over the child; (b) (2) each parent whose
address is available; (c) (3) the foster parent or custodian from whose
home or shelter facility it is proposed to remove the child; (d) (4) the
child, if 12 or more years of age; and (e) (5) the child's guardian ad litem.
The notice shall state the home or shelter facility to which the secretary
plans to transfer the child and the reason for the proposed action. The
notice shall be delivered or mailed 30 days in advance of the planned
transfer, except that the secretary shall not be required to wait 30 days
to transfer the child if all persons enumerated in clauses (b) (2) through
(e) (5) consent in writing to the transfer. Within 10 days after receipt of
the notice any person receiving notice as provided above may request,
either orally or in writing, that the court conduct a hearing to determine
whether or not the change in placement is in the best interests of the
child concerned. When the request has been received, the court shall
schedule a hearing and immediately notify the secretary of the request
and the time and date the matter will be heard. The court shall give notice
of the hearing to persons enumerated in clauses (b) (2) through (e) (5).
The secretary shall not change the placement of the child unless the
change is approved by the court.

      (b) When, after the notice set out above, a child in the custody of the
secretary is removed from the home of a parent after having been placed
in the home of a parent for a period of six months or longer, the secretary
shall request a finding by the court whether reasonable efforts were made
to prevent the necessity for removal and whether allowing the child to
remain in the home is contrary to the welfare of the child or not in the
best interests of the child. The secretary shall present to the court in
writing the efforts to maintain the family unit and prevent the unnecessary
removal of the child from the child's home. In making the finding, the
court may rely on documentation submitted by the secretary or may set
the date for a hearing on the matter. If the secretary requests such finding,
the court shall provide the secretary with a written copy of the finding
by the court for the purpose of documenting these orders not more than
45 days from the date of the request.

      Sec.  16. K.S.A. 38-1567 is hereby amended to read as follows: 38-
1567. When an emergency exists requiring immediate action to assure
the safety and protection of the child or the secretary is notified that the
foster parents or shelter facility refuse to allow the child to remain, the
secretary may transfer the child to another foster home or shelter facility
without prior court approval, but the secretary shall notify the court of
the action at the earliest practical time. When the child is removed from
the home of a parent after having been placed in the home or facility for
a period of six months or longer, the secretary shall present to the court
in writing the specific nature of the emergency and request a finding by
the court whether remaining in the home was contrary to the welfare or
not in the best interests of the child. In making the finding, the court may
rely on documentation submitted by the secretary or may set the date for
a hearing on the matter. If the secretary requests such a finding, the court
shall provide the secretary with a written copy of the finding by the court
not more than 45 days from the date of the request.

      Sec.  17. K.S.A. 38-1568 is hereby amended to read as follows: 38-
1568. (a) Valid court order. During proceedings under this code, the court
may enter an order directing a child who is the subject of the proceedings
to remain in a present or future placement if:

      (1) The court makes a finding that the child has been adjudicated to
be a child in need of care pursuant to: (A) Subsection (a)(10) of K.S.A.
38-1502, and amendments thereto; or (B) any of the subsections (a)(1)
through (a)(9) or (a)(11) (a)(1) through (a)(12) of K.S.A. 38-1502, and
amendments thereto, and the court determines that the child is not likely
to be available within the jurisdiction of the court for future proceedings;

      (2) the child and the child's guardian ad litem are present before the
court at the time the order is entered; and

      (3) the child and the child's guardian ad litem are given adequate and
fair warning, both orally and in writing, of the consequences of violation
of the order and a copy of such warning is recorded in the official file of
the case.

      (b) Application. Any person may file with the court a verified appli-
cation for a determination that a child has violated an order entered pur-
suant to subsection (a) and for an order authorizing the holding of such
child in a secure facility as provided by this section. Such application shall
state the applicant's belief that the child has violated a valid court order
entered pursuant to subsection (a) and the specific facts which are relied
upon to support the belief.

      (c) Ex parte order. Upon the filing of an application in accordance
with subsection (b), the court may enter ex parte an order directing that
the child be taken into custody and held in a secure facility designated
by the court if the court determines that there is probable cause to believe
the allegations in the application. The order shall remain in effect for not
more than 24 hours following the child's child being taken into custody.
The order shall be served on the child's parents, any legal custodian of
the child and the child's guardian ad litem.

      (d) Preliminary hearing. Within 24 hours following a child's child
being taken into custody pursuant to an order issued under subsection
(c), the court shall hold a hearing to determine whether the child admits
or denies the allegations of the application and, if the child denies such
allegations, whether there is probable cause to hold the child in a secure
facility pending a hearing on the application pursuant to subsection (e).
Notice of the time and place of the preliminary hearing shall be given
orally or in writing to the child's parents, any legal custodian of the child
and the child's guardian ad litem. At the hearing, the child shall have the
right to: (1) Have in writing the alleged violation and the facts relied upon
in the application; (2) a guardian ad litem pursuant to K.S.A. 38-1505,
and amendments thereto; and (3) the right to confront and present wit-
nesses. If, upon the hearing, the court finds that the child admits the
allegations of the application, the court shall proceed without delay to
hold a hearing on the application pursuant to subsection (e). If, upon the
hearing, the court finds that the child denies the allegations of the appli-
cation, the court may enter an order directing that the child be held in a
secure facility pending a hearing pursuant to subsection (e) if the court
finds that there is probable cause to believe that the child has violated a
valid court order entered pursuant to subsection (a) and that secure de-
tention of the child is necessary for the protection of the child or to assure
the appearance of the child at the hearing on the application pursuant to
subsection (e).

      (e) Hearing on violation of order; authorization. The court shall hold
a hearing on an application filed pursuant to subsection (b) within 24
hours following the child's child being taken into custody, if the child
admits the allegations of the application, or within 72 hours following the
child's child being taken into custody, if secure detention of the child is
ordered pursuant to subsection (d). Notice of the time and place of such
hearing shall be given orally or in writing to the child's parents, any legal
custodian of the child and the child's guardian ad litem. Upon such hear-
ing, the court may enter an order awarding custody of the child to: (1) A
parent; (2) 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; (3) a youth res-
idential facility; or (4) the secretary, if the secretary does not already have
legal custody of the child, and authorizing the secretary custodian to place
the child in a secure facility or secure care facility if the court determines
that:

      (1) Determines that the child has been adjudicated to be a child in
need of care pursuant to subsection (a)(10) (a)(1), (a)(2), (a)(6) through
(a)(10) and (a)(12) of K.S.A. 38-1502, and amendments thereto;

      (2) determines that the child has violated a valid court order entered
pursuant to subsection (a);

      (3) determines that the child has been provided at the hearing with
the right to: (A) Have the alleged violation in writing and served upon
the child in a reasonable time before the hearing; (B) a hearing before
the court on the issue of placement in a secure facility; (C) an explanation
of the nature and consequences of the proceeding; (D) a guardian ad
litem pursuant to K.S.A. 38-1505, and amendments thereto; (E) confront
and present witnesses; (F) have a transcript or record of the proceedings;
and (G) appeal; and

      (4) there is no less restrictive alternative appropriate to the needs of
the juvenile and the community determines the reasons for the child's
behavior and determines whether all dispositions other than secure con-
finement have been exhausted or are clearly inappropriate, based on a
written report submitted by the secretary, if the child is in the custody of
the secretary, or submitted by a public agency independent of the court
and law enforcement, if the child is in the custody of someone other than
the secretary that reviews the behavior of the child and the circumstances
under which the child was brought before the court and made subject to
such order.

      The authorization to place a child in a secure care facility pursuant to
this subsection shall expire 60 days, including Saturdays, Sundays and
legal holidays, after it is issued. The court may grant extensions of such
authorization for two additional periods not exceeding 60 days, including
Saturdays, Sundays and legal holidays, upon rehearing pursuant to K.S.A.
38-1564, and amendments thereto. Payment by the secretary to a secure
facility for child care services provided pursuant to this subsection shall
be paid only upon receipt by the secretary of a copy of a valid court order.

      (f) Limitations on facilities used. Nothing in this section shall author-
ize placement of a child in a juvenile detention facility, except that a child
may be held in any such facility which, if in an adult jail, is in quarters
separated by sight and sound from adult prisoners:

      (1) When ordered by a court pursuant to subsection (c) or (d), for
not longer than the times permitted by those subsections; or

      (2) when ordered by a court pursuant to subsection (e), for not more
than 24 hours following the hearing provided for by that subsection, ex-
cept that nothing in this subsection shall allow a child to be held in an
adult jail for more than 24 hours in an adult jail or lockup. Secure place-
ment is limited to secure care facilities.

      (g) Time limits, computation. Except as otherwise specifically pro-
vided by subsection (e), Saturdays, Sundays and legal holidays shall not
be counted in computing any time limit imposed by this section.

      (h) This section shall be part of and supplemental to the Kansas code
for care of children.

      Sec.  18. K.S.A. 1999 Supp. 38-1581 is hereby amended to read as
follows: 38-1581. (a) Either in the petition filed under this code or in a
motion made in proceedings under this code, any interested party may
request that either or both parents be found unfit and the parental rights
of either or both parents be terminated or a permanent guardianship be
appointed.

      (b) Whenever a pleading is filed requesting termination of parental
rights, the pleading shall contain a statement of specific facts which are
relied upon to support the request, including dates, times and locations
to the extent known.

      (c) The county or district attorney or the county or district attorney's
designee shall file pleadings alleging a parent is unfit and requesting ter-
mination of parental rights or the establishment of a permanent guardi-
anship within 30 days after the court has determined reintegration is not
a viable alternative and unless the court has not found a compelling reason
why adoption or permanent guardianship may not be in the best interest
of the child. The court shall set a hearing on such pleadings and matters
within 90 days of the filing of such pleadings.

      Sec.  19. K.S.A. 1999 Supp. 38-1583 is hereby amended to read as
follows: 38-1583. (a) When the child has been adjudicated to be a child
in need of care, the court may terminate parental rights when the court
finds by clear and convincing evidence that the parent is unfit by reason
of conduct or condition which renders the parent unable to care properly
for a child and the conduct or condition is unlikely to change in the
foreseeable future.

      (b) In making a determination hereunder the court shall consider,
but is not limited to, the following, if applicable:

      (1) Emotional illness, mental illness, mental deficiency or physical
disability of the parent, of such duration or nature as to render the parent
unlikely to care for the ongoing physical, mental and emotional needs of
the child;

      (2) conduct toward a child of a physically, emotionally or sexually
cruel or abusive nature;

      (3) excessive use of intoxicating liquors or narcotic or dangerous
drugs;

      (4) physical, mental or emotional neglect of the child;

      (5) conviction of a felony and imprisonment;

      (6) unexplained injury or death of another child or stepchild of the
parent;

      (7) reasonable efforts by appropriate public or private child caring
agencies have been unable to rehabilitate the family; and

      (8) lack of effort on the part of the parent to adjust the parent's cir-
cumstances, conduct or conditions to meet the needs of the child.

      (c) In addition to the foregoing, when a child is not in the physical
custody of a parent, the court, in proceedings concerning the termination
of parental rights, shall also consider, but is not limited to the following:

      (1) Failure to assure care of the child in the parental home when able
to do so;

      (2) failure to maintain regular visitation, contact or communication
with the child or with the custodian of the child;

      (3) failure to carry out a reasonable plan approved by the court di-
rected toward the integration of the child into the parental home; and

      (4) failure to pay a reasonable portion of the cost of substitute physical
care and maintenance based on ability to pay.

      In making the above determination, the court may disregard incidental
visitations, contacts, communications or contributions.

      (d) The rights of the parents may be terminated as provided in this
section if the court finds that the parents have abandoned the child or
the child was left under such circumstances that the identity of the par-
ents is unknown and cannot be ascertained, despite diligent searching,
and the parents have not come forward to claim the child within three
months after the child is found.

      (e) The existence of any one of the above standing alone may, but
does not necessarily, establish grounds for termination of parental rights.
The determination shall be based on an evaluation of all factors which
are applicable. In considering any of the above factors for terminating the
rights of a parent, the court shall give primary consideration to the phys-
ical, mental or emotional condition and needs of the child. If presented
to the court and subject to the provisions of K.S.A. 60-419, and amend-
ments thereto, the court shall consider as evidence testimony from a
person licensed to practice medicine and surgery, a licensed psychologist
or a licensed social worker expressing an opinion relating to the physical,
mental or emotional condition and needs of the child. The court shall
consider any such testimony only if the licensed professional providing
such testimony is subject to cross-examination.

      (f) A termination of parental rights under the Kansas code for care
of children shall not terminate the right of the child to inherit from or
through the parent. Upon such termination, all the rights of birth parents
to such child, including their right to inherit from or through such child,
shall cease.

      (g) If, after finding the parent unfit, the court determines a compel-
ling reason why it is contrary to the welfare or not in the best interests
of the child to terminate parental rights or upon agreement of the parents,
the court may award permanent guardianship to an individual providing
care for the child, a relative or other person with whom the child has a
close emotional attachment. Prior to awarding permanent guardianship,
the court shall receive and consider an assessment as provided in K.S.A.
59-2132 and amendments thereto of any potential permanent guardian.
Upon appointment of a permanent guardian, the court shall enter an
order discharging the child from the court's jurisdiction discharge the
child from the custody of the secretary.

      (h) If a parent is convicted of an offense as provided in subsection
(7) of K.S.A. 38-1585 and amendments thereto or is adjudicated a juvenile
offender because of an act which if committed by an adult would be an
offense as provided in subsection (7) of K.S.A. 38-1585 and amendments
thereto, and if the victim was the other parent of a child, the court may
disregard such convicted or adjudicated parent's opinions or wishes in
regard to the placement of such child.

      (i) If the secretary has documented to the court a compelling reason
why custody for adoption, custody for permanent guardianship, nor cus-
tody for placement with a fit and willing relative are currently a viable
option, the court may order custody to remain with the secretary for
continued permanency planning and another planned permanent living
arrangement.

      Sec.  20. K.S.A. 1999 Supp. 38-1584 is hereby amended to read as
follows: 38-1584. (a) Purpose of section. The purpose of this section is to
provide stability in the life of a child who must be removed from the
home of a parent, to acknowledge that time perception of a child differs
from that of an adult and to make the ongoing physical, mental and emo-
tional needs of the child the decisive consideration in proceedings under
this section. The primary goal for all children whose parents' parental
rights have been terminated is placement in a permanent family setting.

      (b) Actions by the court. (1) Custody for adoption. When parental
rights have been terminated and it appears that adoption is a viable al-
ternative, the court shall enter one of the following orders:

      (A) An order granting custody of the child, for adoption proceedings,
to a reputable person of good moral character, the secretary or a corpo-
ration organized under the laws of the state of Kansas authorized to care
for and surrender children for adoption as provided in K.S.A. 38-112 et
seq. and amendments thereto. The person, secretary or corporation shall
have authority to place the child in a family home, be a party to proceed-
ings and give consent for the legal adoption of the child which shall be
the only consent required to authorize the entry of an order or decree of
adoption.

      (B) An order granting custody of the child to proposed adoptive par-
ents and consenting to the adoption of the child by the proposed adoptive
parents.

      (2) Custody for long-term foster care permanent guardianship. When
parental rights have been terminated and it does not appear that adoption
is a viable alternative, the court shall may enter an order granting custody
of the child for foster care permanent guardianship to a reputable person
of good moral character, a youth residential facility, the secretary or a
corporation or association willing to receive the child, embracing in its
objectives the purpose of caring for or obtaining homes for children. Upon
appointment of a permanent guardian, the court shall discharge the child
from the custody of the secretary.

      (3) Custody for placement with a fit and willing relative. When pa-
rental rights have been terminated and it does not appear that adoption
is a viable alternative, the court may enter an order granting custody of
the child for placement with a willing relative who is a reputable person
of good moral character. Upon an order of custody and placement with
a fit and willing relative, the court shall discharge the child from the
custody of the secretary.

      (3) (4) Preferences in custody for adoption or long-term foster care
permanent guardianship. In making an order under subsection (b)(1) or
(2), the court shall give preference, to the extent that the court finds it is
in the best interests of the child, first to granting such custody to a relative
of the child and second to granting such custody to a person with whom
the child has close emotional ties.

      (c) Guardian and conservator of child. The secretary shall be guard-
ian and conservator of any child placed in the secretary's custody, subject
to any prior conservatorship.

      (d) Reports and review of progress and reasonable efforts to imple-
ment a permanency plan of adoption; permanent guardianship; or place-
ment with a fit and willing relative. After parental rights have been ter-
minated and up to the time an adoption has been accomplished, the
person or agency awarded custody of the child shall within 60 days submit
a written plan for permanent placement which shall include measurable
objectives and time schedules and shall thereafter not less frequently than
each six months make a written report to the court stating the progress
having been made toward finding an adoptive placement or long-term
foster care permanent guardianship or placement for the child with a fit
and willing relative. Upon the receipt of each report the court shall review
the contents thereof and determine whether or not a hearing should be
held on the subject. In any case, the court shall notify all interested parties
and hear evidence regarding progress toward finding an adoptive home
or the acceptability of the long-term foster care permanent guardian or
placement with a fit and willing relative plan within 18 12 months after
parental rights have been terminated and every 12 months thereafter. If
the court determines that inadequate progress is being reasonable efforts
or progress have not been made toward finding an adoptive placement or
establishing an acceptable long-term foster care plan permanent guardi-
anship or placement with a fit and willing relative, the court may rescind
its prior orders and make other orders regarding custody and adoption
that are appropriate under the circumstances. Reports of a proposed
adoptive placement need not contain the identity of the proposed adop-
tive parents.

      (e) Discharge upon adoption. When the adoption of a child has been
accomplished, the court shall enter an order discharging the child from
the court's jurisdiction in the pending proceedings.

      (f) If the secretary has documented to the court a compelling reason
why neither custody for adoption nor custody for permanent guardian-
ship nor custody for placement with a fit and willing relative are currently
a viable option, the court may order custody to remain with the secretary
for continued permanency planning and another planned permanent liv-
ing arrangement.

      Sec.  21. K.S.A. 1999 Supp. 38-1587 is hereby amended to read as
follows: 38-1587. (a) A permanent guardian may be appointed after a
finding of unfitness pursuant to K.S.A. 38-1583 and amendments thereto
or with the consent and agreement of the parents.

      (b) Upon appointment of the permanent guardian, the child in need
of care proceeding shall be dismissed court shall discharge the child from
the custody of the secretary.

      Sec.  22. K.S.A. 1999 Supp. 38-1591 is hereby amended to read as
follows: 38-1591. (a) An appeal may be taken by any interested party from
any adjudication, disposition, termination of parental rights or order of
temporary custody in any proceedings pursuant to this code.

      (b) An appeal from an order entered by a district magistrate judge
shall be to a district judge. The appeal shall be heard within 30 days from
the date the notice of appeal is filed. If no record was made of the pro-
ceedings, the trial shall be de novo.

      (c) Procedure on appeal shall be governed by article 21 of chapter
60 of the Kansas Statutes Annotated.

      (d) Notwithstanding any other provision of law to the contrary, ap-
peals under this section shall have priority over all other cases.

      (e) Every notice of appeal, docketing statement and brief shall be ver-
ified by the interested party if the party has been personally served at
any time during the proceedings. Failure to have the required verification
shall result in the dismissal of the appeal.

      Sec.  23. K.S.A. 1999 Supp. 38-1632 is hereby amended to read as
follows: 38-1632. (a) Length of detention. (1) Whenever an alleged juve-
nile offender is taken into custody and is thereafter taken before the court
or to a juvenile detention facility or youth residential facility designated
by the court, the juvenile shall not remain detained for more than 48
hours, excluding Saturdays, Sundays and legal holidays, from the time the
initial detention was imposed, unless the court determines after hearing,
within the 48-hour period, that further detention is necessary.

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

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

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

(Name of Court) (Caption of Case)

NOTICE OF DETENTION HEARING

TO:
	(Juvenile)
	(Father)
	(Mother)
	(Other having custody relationship)	(Address)

On	________,	________,	19__	______,	at __ o'clock __m.
	(day)	(date)		(year)

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

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

Date: ________, 19__ ____	Clerk of the District Court
(Seal)	by ________________________

REPORT OF SERVICE       I certify that I have delivered a true copy of the above notice on the persons above named
in the manner and at the times indicated below:

Name	Location of Service	Manner of Service	Date	Time
	(other than above)

Date Returned: ________, 19__ ____
	(Signature)
	(Title)

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

(Name of Court) (Caption of Case)

CERTIFICATE OF ORAL NOTICE OF DETENTION HEARING       I gave oral notice that the court will hold a hearing at ________ o'clock __m.
on ________, 19__ ____, to the persons listed, in the manner and at the times
indicated below:

Name	Relationship	Date	Time	Method of Communication (in person or telephone)

I advised each of the above named persons that:

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

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

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

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

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

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

	(Signature)
	(Name Printed)
	(Title)

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

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

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

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

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

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

      Sec.  24. K.S.A. 1999 Supp. 38-1663 is hereby amended to read as
follows: 38-1663. (a) When a respondent has been adjudicated to be a
juvenile offender, the judge may select from the following alternatives:

      (1) Place the juvenile offender on probation for a fixed period, subject
to the terms and conditions the court deems appropriate based on the
juvenile justice programs in the community, including a requirement of
making restitution as required by subsection (d).

      (2) Place the juvenile offender in the custody of a parent or other
suitable person, subject to the terms and conditions the court orders
based on the juvenile justice programs in the community, including a
requirement of making restitution as required by subsection (d).

      (3) Place the juvenile offender in the custody of a youth residential
facility or, in the case of a chronic runaway youth, place the youth in a
secure facility, subject to the terms and conditions the court orders.

      (4) Place the juvenile offender in the custody of the commissioner,
as provided in K.S.A. 1999 Supp. 38-1664, and amendments thereto.

      (5) Commit the juvenile offender to a sanctions house for a period
no longer than seven days. Following such period, the court shall review
the placement. The court may continue to recommit the juvenile offender
to a sanctions house for a period no longer than seven days followed by
a court review. Commitment to a sanctions house shall not exceed 28
total days for the same act or transaction. If in the adjudication order, the
court orders a sanctions house placement for a verifiable probation vio-
lation and such probation violation occurs, the juvenile may immediately
be taken to a sanctions house and detained for no more than 48 hours,
excluding Saturdays, Sundays and holidays, prior to court review of the
placement. The court and all other interested parties shall be notified of
the sanctions house placement. An offender over 18 years of age or less
than 23 years of age at sentencing may be committed to a county jail, in
lieu of a sanctions house, under the same time restrictions imposed by
this paragraph. No offender may be committed under this paragraph un-
less such offender has violated the terms of probation.

      (6) Commit the juvenile offender to a community based program
available in such judicial district subject to the terms and conditions the
court orders.

      (7) Impose any appropriate combination of paragraphs (1) through
(6) of this subsection and make other orders directed to the juvenile
offender as the court deems appropriate.

      (8) Commit the juvenile offender to a juvenile correctional facility as
provided by the placement matrix established in K.S.A. 1999 Supp. 38-
16,129, and amendments thereto. The provisions of K.S.A. 38-1664, and
amendments thereto, shall not apply to juvenile offenders committed di-
rectly to a juvenile correctional facility.

      (9) Place the juvenile offender under a house arrest program admin-
istered by the court pursuant to K.S.A. 21-4603b, and amendments
thereto.

      (b)  (1) In addition to any other order authorized by this section, the
court may order the: (A) Juvenile offender and the parents of the juvenile
offender to:

      (i) Attend counseling sessions as the court directs; or

      (ii) participate in mediation as the court directs. Participants in such
mediation may include, but shall not be limited to, the victim, the juvenile
offender and the juvenile offender's parents. Mediation shall not be man-
datory for the victim;

      (B) parents of the juvenile offender to participate in parenting classes;
or

      (C) juvenile offender to participate in a program of education offered
by a local board of education including placement in an alternative edu-
cational program approved by a local board of education.

      (2) Upon entering an order requiring a juvenile offender's parent to
attend counseling sessions or mediation, the court shall give the parent
notice of the order. The notice shall inform the parent of the parent's
right to request a hearing within 10 days after entry of the order and the
parent's right to employ an attorney to represent the parent at the hearing
or, if the parent is financially unable to employ an attorney, the parent's
right to request the court to appoint an attorney to represent the parent.
If the parent does not request a hearing within 10 days after entry of the
order, the order shall take effect at that time. If the parent requests a
hearing, the court shall set the matter for hearing and, if requested, shall
appoint an attorney to represent the parent. The expense and fees of the
appointed attorney may be allowed and assessed as provided by K.S.A.
38-1606, and amendments thereto.

      (3) The costs of any counseling or mediation may be assessed as ex-
penses 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.

      (c)  (1) If a respondent has been adjudged to be a juvenile offender,
the court, in addition to any other order authorized by this section, may
suspend the juvenile offender's driver's license or privilege to operate a
motor vehicle on the streets and highways of this state. 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 es-
tablished by law for obtaining a license unless another suspension or rev-
ocation 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 respondent who is adjudicated to be a juvenile offender who
does not have a driver's license may have such juvenile offender's 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.

      (2) In lieu of suspending the driver's license or privilege to operate
a motor vehicle on the highways of this state of any respondent adjudi-
cated to be a juvenile offender, as provided in subsection (c)(1), the court
in which such juvenile offender was adjudicated to be a juvenile offender
may enter an order which places conditions on such juvenile offender's
privilege of operating a motor vehicle on the streets and highways of this
state, a certified copy of which such juvenile offender shall be required
to carry any time such juvenile offender is operating a motor vehicle on
the streets and highways of this state. Any such order shall prescribe the
duration of the conditions imposed and shall specify that such duration
shall be for a definite time period to be determined by the court. Upon
entering an order restricting a juvenile offender's license hereunder, the
court shall require such juvenile offender to surrender such juvenile of-
fender's driver'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 li-
cense which shall indicate on its face that conditions have been imposed
on such juvenile offender's privilege of operating a motor vehicle and that
a certified copy of the order imposing such conditions is required to be
carried by the juvenile offender for whom the license was issued any time
such juvenile offender is 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
such juvenile offender's state of residence. Such 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 such time as the division shall issue the
restricted license provided for in this subsection. Upon expiration of the
period of time for which conditions are imposed pursuant to this subsec-
tion, the licensee may apply to the division for the return of the license
previously surrendered by such licensee. In the event such license has
expired, such 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 shall violate any of the conditions
imposed under this subsection, such 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
such juvenile offender is convicted of violating such conditions.

      (d) Whenever a juvenile offender is placed pursuant to subsection
(a)(1) or (2), the court, unless it finds compelling circumstances which
would render a plan of restitution unworkable, shall order the juvenile
offender to make restitution to persons who sustained loss by reason of
the offense. The restitution shall be made either by payment of an amount
fixed by the court or by working for the persons in order to compensate
for the loss. If the court finds compelling circumstances which would
render a plan of restitution unworkable, the court may order the juvenile
offender to perform charitable or social service for organizations perform-
ing services for the community.

      Nothing in this subsection shall be construed to limit a court's authority
to order a juvenile offender to make restitution or perform charitable or
social service under circumstances other than those specified by this sub-
section or when placement is made pursuant to subsection (a)(3) or (4).

      (e) In addition to or in lieu of any other order authorized by this
section, the court may order a juvenile offender to pay a fine not exceed-
ing $250 for each offense. In determining whether to impose a fine and
the amount to be imposed, the court shall consider the following:

      (1) Imposition of a fine is most appropriate in cases where the juve-
nile offender has derived pecuniary gain from the offense.

      (2) The amount of the fine should be related directly to the serious-
ness of the juvenile offender's offense and the juvenile offender's ability
to pay.

      (3) Payment of a fine may be required in a lump sum or installments.

      (4) Imposition of a restitution order is preferable to imposition of a
fine.

      (5) The juvenile offender's duty of payment should be limited in du-
ration and in no event should the time necessary for payment exceed the
maximum term which would be authorized if the offense had been com-
mitted by an adult.

      (f) In addition to or in lieu of any other order authorized by this
section, if a juvenile is adjudicated to be a juvenile offender by reason of
a violation of K.S.A. 41-719, 41-727, 65-4101 through 65-4164 or K.S.A.
1999 Supp. 8-1599, and amendments thereto, the court shall order the
juvenile offender to submit to and complete an alcohol and drug evalu-
ation by a community-based alcohol and drug safety action program cer-
tified 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 such evaluation if the court finds that the juvenile
offender has completed successfully an alcohol and drug evaluation, ap-
proved by the community-based alcohol and drug safety action program,
within 12 months before sentencing. If such evaluation occurred more
than 12 months before sentencing, the court shall order the juvenile of-
fender to resubmit to and complete such evaluation and program as pro-
vided herein. If the court finds that the juvenile offender and those legally
liable for the offender's support are indigent, the fee may be waived. In
no event shall the fee be assessed against the commissioner or the juvenile
justice authority. The court may require the parent or guardian of the
juvenile offender to attend such program with the juvenile offender.

      (g) The board of county commissioners of a county may provide by
resolution that the parents or guardians of any juvenile offender placed
under a house arrest program pursuant to subsection (a)(9) shall be re-
quired to pay to the county the cost of such house arrest program. The
board of county commissioners shall prepare a sliding financial scale
based on the ability of the parents to pay for such a program.

      (h) In addition to any other order authorized by this section, if child
support has been requested and the parent or parents have a duty to
support the respondent the court may order, and when custody is placed
with the commissioner shall order, one or both parents to pay child sup-
port. The court shall determine, for each parent separately, whether the
parent already is subject to an order to pay support for the respondent.
If the parent currently is not ordered to pay support for the respondent
and the court has personal jurisdiction over the parent, the court shall
order the parent to pay child support in an amount determined under
K.S.A. 38-16,117, and amendments thereto. Except for good cause
shown, the court shall issue an immediate income withholding order pur-
suant to K.S.A. 23-4,105 et seq., and amendments thereto, for each parent
ordered to pay support under this subsection, regardless of whether a
payor has been identified for the parent. A parent ordered to pay child
support under this subsection shall be notified, at the hearing or other-
wise, that the child support order may be registered pursuant to K.S.A.
38-16,119, and amendments thereto. The parent also shall be informed
that, after registration, the income withholding order may be served on
the parent's employer without further notice to the parent and the child
support order may be enforced by any method allowed by law. Failure
to provide this notice shall not affect the validity of the child support
order.

      (i) Any order issued by the judge pursuant to this section shall be in
effect immediately upon entry into the court's journal.

      (j) In addition to the requirements of K.S.A. 38-1671, and amend-
ments 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 commissioner within 30
days of final disposition.

      (k) The sentencing hearing shall be open to the public as provided in
K.S.A. 38-1652, and amendments thereto.

      Sec.  25. K.S.A. 1999 Supp. 38-1664 is hereby amended to read as
follows: 38-1664. (a) Prior to placing a juvenile offender in the custody
of the commissioner and recommending out-of-home placement, the
court shall consider and determine that, where consistent with the need
for protection of the community:

      (1) Reasonable efforts have been made to prevent or eliminate the
need for out-of-home placement or reasonable efforts are not possible
due to an emergency threatening the safety of the juvenile offender or
the community; and

      (2) out-of-home placement is in the best interests of the juvenile of-
fender. Reasonable efforts have been made to maintain the family unit
and prevent unnecessary removal of a juvenile offender from the juvenile
offender's home, as long as the juvenile offender's safety is assured, or an
emergency exists which threatens the safety of the juvenile offender. If the
juvenile offender is in the custody of the secretary of social and rehabili-
tation services under the Kansas code for the care of children, the secre-
tary shall prepare a report for the court documenting such reasonable
efforts. If the juvenile offender is in the custody of the commissioner, the
commissioner shall prepare a report for the court documenting such rea-
sonable efforts. Otherwise, the predisposition investigation writer shall
prepare a report to the court documenting such reasonable efforts. Rea-
sonable efforts are not required prior to removal if the court finds:

      (A) A court of competent jurisdiction has determined that the parent
has subjected the juvenile offender to aggravated circumstances;

      (B) a court of competent jurisdiction has determined that the parent
has been convicted of a murder of another child of the parent; voluntary
manslaughter of another child of the parent; aiding or abetting, attempt-
ing, conspiring or soliciting to commit such a murder of such a voluntary
manslaughter; or a felony assault that results in serious bodily injury to
the juvenile offender or another child of the parent; or

      (C) the parental rights of the parent with respect to a sibling have
been terminated involuntarily.

      Such findings must be included in the court's order.

      (2) The juvenile offender's removal from the home must be the result
of a judicial determination to the effect that continuation of residence in
the home would be contrary to the welfare, or that placement would be
in the best interests, of the juvenile offender. The contrary to the welfare
determination must be made in the first court ruling that sanctions the
removal of a juvenile offender from the home.

      (3) A permanency plan must be presented at disposition or within 30
days thereafter. If a permanency plan is in place under a child in need of
care proceeding, the court may adopt the plan under the present pro-
ceeding. If the juvenile offender is placed in the custody of the commis-
sioner, the commissioner shall prepare the plan. The plan must comply
with the requirements of subsection (a) of K.S.A. 38-1565, and amend-
ments thereto. 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.

      (4) The court must determine that reasonable efforts have been made
and what progress has been made to finalize the permanency plan that is
in effect within 12 months of the date the juvenile offender is considered
to have entered foster care and at least once every 12 months thereafter
while the juvenile offender is in foster care.

      (5) The court must reflect reasonable efforts and contrary to the wel-
fare findings in orders awarding custody to the commissioner temporarily,
at sentencing and at modification hearings. If the juvenile offender is
placed in the custody of the commissioner, the court shall provide the
commissioner with a written copy of any orders entered upon making the
order for the purpose of documenting the orders.

      (6) If the juvenile offender is placed in the commissioner's custody,
the commissioner shall document in writing the reasonable efforts that
have been made and the progress made to finalize the permanency plan,
before each hearing reviewing the plan.

      (b) When a juvenile offender has been placed in the custody of the
commissioner, the commissioner shall notify the court in writing of the
initial placement of the juvenile offender as soon as the placement has
been accomplished. The court shall have no power to direct a specific
placement by the commissioner, but may make recommendations to the
commissioner. The commissioner may place the juvenile offender in an
institution operated by the commissioner, a youth residential facility or a
community mental health center. If the court has recommended an out-
of-home placement, the commissioner may not return the juvenile of-
fender to the home from which removed without first notifying the court
of the plan.

      (c) During the time a juvenile offender remains in the custody of the
commissioner, the commissioner shall report to the court at least each six
months as to the current living arrangement and social and mental de-
velopment of the juvenile offender and document in writing the reason-
able efforts that have been made and the progress made to finalize the
permanency plan.

      (d) If the juvenile offender is placed outside the juvenile offender's
home, a permanency hearing shall be held not more than 12 months after
the juvenile offender is placed outside the juvenile offender's home and,
if reintegration is a viable alternative, every 12 months thereafter. The
court may appoint a guardian ad litem to represent the juvenile offender
at the permanency hearing. 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 commissioner. If reintegration is not a viable
alternative and either adoption or permanent guardianship might be in
the best interests of the juvenile offender the county or district attorney
shall file a petition alleging the juvenile is a child in need of care and
requesting termination of parental rights or the appointment of a per-
manent guardian pursuant to the Kansas code for care of children. If the
juvenile offender is placed in foster care, the foster parent or parents shall
submit to the court, at least every six months, a report in regard to the
juvenile offender's adjustment, progress and condition. The juvenile jus-
tice authority shall notify the foster parent or parents of the foster parents'
or parent's duty to submit such report, on a form provided by the juvenile
justice authority, at least two weeks prior to the date when the report is
due, and the name of the judge and the address of the court to which the
report is to be submitted. Such report shall be confidential and shall only
be reviewed by the court and the child's attorney.

      (e) The report made by foster parents and provided by the commis-
sioner of juvenile justice, pursuant to this section, shall be in substantially
the following form:

REPORT FROM FOSTER PARENTS CONFIDENTIAL

Child's Name	Current Address
Parent's Name	Foster Parents
Primary Social Worker

Please circle the word which best describes the child's progress
1. Child's adjustment in the home
    excellent             good             satisfactory             needs improvement
2. Child's interaction with foster parents and family members
    excellent             good             satisfactory             needs improvement
3. Child's interaction with others
    excellent             good             satisfactory             needs improvement
4. Child's respect for property
    excellent             good             satisfactory             needs improvement
5. Physical and emotional condition of the child
    excellent             good             satisfactory             needs improvement
6. Social worker's interaction with the child and foster family
    excellent             good             satisfactory             needs improvement
7. School status of child:

School	Grade

Grades	Good______	Fair______	Poor______
Attendance	Good______	Fair______	Poor______
Behavior	Good______	Fair______	Poor______

8. If visitation with parents has occurred, describe the frequency of visits, with whom, su-
pervised or unsupervised, and any significant events which have occurred.

---

---

9. Your opinion regarding the overall adjustment, progress and condition of the child:

---

10. Do you have any special concerns or comments with regard to the child not addressed
by this form? Please specify.

---

---

      Sec.  26. K.S.A. 1999 Supp. 38-1673 is hereby amended to read as
follows: 38-1673. (a) When a juvenile offender has satisfactorily com-
pleted such offender's term of incarceration at the juvenile correctional
facility to which the juvenile offender was committed or placed, the per-
son in charge of the juvenile correctional facility shall have authority to
release the juvenile offender under appropriate conditions and for a spec-
ified period of time. Prior to release from a juvenile correctional facility,
the commissioner shall consider any recommendations made by the ju-
venile offender's juvenile community corrections community case man-
agement officer.

      (b) At least 15 20 days prior to releasing a juvenile offender as pro-
vided in subsection (a), the person in charge of the juvenile correctional
facility shall notify the committing court of the date and conditions upon
which it is proposed the juvenile offender is to be released. The person
in charge of the juvenile correctional facility shall notify the school district
in which the juvenile offender will be residing if the juvenile is still re-
quired to attend a school. Such notification to the school shall include the
name of the juvenile offender, address upon release, contact person with
whom the juvenile offender will be residing upon release, anticipated date
of release, anticipated date of enrollment in school, name and phone num-
ber of case worker, crime or crimes of adjudication if not confidential
based upon other statutes, conditions of release, and any other informa-
tion the commissioner deems appropriate. To ensure the educational suc-
cess of the student, the community case manager or a representative from
the residential facility where the juvenile offender will reside shall contact
the principal of the receiving school in a timely manner to review the
juvenile offender's case. If such juvenile offender's offense would have
constituted an off-grid felony, nondrug felony crime ranked at severity
level 1, 2, 3, 4 or 5, or a drug felony crime ranked at severity level 1, 2
or 3, on or after July 1, 1993, if committed by an adult, the person in
charge of the juvenile correctional facility shall notify the county or dis-
trict attorney of the county where the offender was adjudicated a juvenile
offender of the date and conditions upon which it is proposed the juvenile
offender is to be released. The county or district attorney shall give written
notice at least five days prior to the release of the juvenile offender to: (1)
Any victim of the juvenile offender's crime who is alive and whose address
is known to the court or, if the victim is deceased, to the victim's family
if the family's address is known to the court; and (2) the local law en-
forcement agency. Failure to notify pursuant to this section shall not be
a reason to postpone a release. Nothing in this section shall create a cause
of action against the state or county or an employee of the state or county
acting within the scope of the employee's employment as a result of the
failure to notify pursuant to this section.

      (c) Upon receipt of the notice required by subsection (b), the court
shall review the proposed conditions of release and may recommend
modifications or additions to the conditions.

      (d) If, during the conditional release, the juvenile offender is not re-
turning to the county from which committed, the person in charge of the
juvenile correctional facility shall also give notice to the court of the
county in which the juvenile offender is to be residing.

      (e) To assure compliance with conditions of release from a juvenile
correctional facility, the commissioner shall have the authority to pre-
scribe the manner in which compliance with the conditions shall be su-
pervised. When requested by the commissioner, the appropriate court
may assist in supervising compliance with the conditions of release during
the term of the conditional release. The commissioner may require the
parents or guardians of the juvenile offender to cooperate and participate
with the conditions of release.

      (f) For acts committed before July 1, 1999, the juvenile justice au-
thority shall notify at least 45 days prior to the discharge of the juvenile
offender the county or district attorney of the county where the offender
was adjudicated a juvenile offender of the release of such juvenile of-
fender, if such juvenile offender's offense would have constituted a class
A, B or C felony before July 1, 1993, or an off-grid felony, a nondrug
crime ranked at severity level 1, 2, 3, 4 or 5 or a drug crime ranked at
severity level 1, 2 or 3, on or after July 1, 1993, if committed by an adult.
The county or district attorney shall give written notice at least 30 days
prior to the release of the juvenile offender to: (1) Any victim of the
juvenile offender's crime who is alive and whose address is known to the
court or, if the victim is deceased, to the victim's family if the family's
address is known to the court; and (2) the local law enforcement agency;
and (3) the school district in which the juvenile offender will be residing
if the juvenile is still required to attend a secondary school. Failure to
notify pursuant to this section shall not be a reason to postpone a release.
Nothing in this section shall create a cause of action against the state or
county or an employee of the state or county acting within the scope of
the employee's employment as a result of the failure to notify pursuant
to this section.

      (g) Conditional release programs shall include, but not be limited to,
the treatment options of aftercare services.

      Sec.  27. K.S.A. 1999 Supp. 38-1674 is hereby amended to read as
follows: 38-1674. If it is alleged that a juvenile offender who has been
conditionally released from a juvenile correctional facility has failed to
obey the specified conditions of release, any officer assigned to supervise
compliance with the conditions of release or the county or district attor-
ney may file a motion with the committing court or the court of the county
in which the juvenile offender is residing. The motion shall describe the
alleged violation and request a hearing thereon. The court shall then
proceed in the same manner and under the same procedure as provided
for a hearing on a complaint filed under this code. If the court finds that
a condition of release has been violated, the court may modify or impose
additional conditions of release that the court considers appropriate, ex-
tend the term of the conditional release or order that the juvenile offender
be returned to the juvenile correctional facility until discharged by the
commissioner as determined by the placement matrix and the court's
determination of the specified term of incarceration to serve the condi-
tional release revocation incarceration and after care term set by the court
pursuant to the placement matrix as provided in K.S.A. 1999 Supp. 38-
16,129, and amendments thereto.

      Sec.  28. K.S.A. 1999 Supp. 38-1675 is hereby amended to read as
follows: 38-1675. (a) Unless a juvenile is sentenced pursuant to an ex-
tended jurisdiction juvenile prosecution upon court order, and the com-
missioner transfers the juvenile offender to the custody of the secretary
of corrections, when a juvenile offender has reached the age 23 years or
has completed the prescribed term of incarceration at a juvenile correc-
tional facility together with any conditional release following the program,
the commissioner shall discharge the juvenile offender from any further
obligation under the commitment. The discharge shall operate as a full
and complete release from any obligations imposed on the juvenile of-
fender arising from the offense for which the juvenile offender was com-
mitted.

      (b) For acts committed before July 1, 1999, at least 45 days prior to
the discharge of the juvenile offender, the juvenile justice authority shall
notify the court and the county or district attorney of the county where
the offender was adjudicated a juvenile offender of the discharge of such
juvenile offender, if such juvenile offender's offense would have consti-
tuted a class A, B or C felony before July 1, 1993, or an off-grid felony,
a nondrug crime ranked at severity level 1, 2, 3, 4 or 5 or a drug crime
ranked at severity level 1, 2 or 3, on or after July 1, 1993, if committed
by an adult. The county or district attorney shall give written notice at
least 30 days prior to the discharge of the juvenile offender to: (1) Any
victim of the juvenile offender's crime who is alive and whose address is
known to the court or, if the victim is deceased, to the victim's family if
the family's address is known to the court; and (2) the local law enforce-
ment agency; and (3) the school district in which the juvenile offender
will be residing if the juvenile is still required to attend a secondary school.
Failure to notify pursuant to this section shall not be a reason to postpone
a discharge. Nothing in this section shall create a cause of action against
the state or county or an employee of the state or county acting within
the scope of the employee's employment as a result of the failure to notify
pursuant to this section.

      Sec.  29. K.S.A. 1999 Supp. 38-1676 is hereby amended to read as
follows: 38-1676. (a) For acts committed before July 1, 1999, if a juvenile
offender has committed an act which, if committed by a person 18 years
of age or over, would constitute a class A or B felony, if the offense was
committed before July 1, 1993, or an off-grid felony, a nondrug crime
ranked at severity level 1, 2 or 3 or a drug crime ranked at severity level
1 or 2, if the offense was committed on or after July 1, 1993, and such
juvenile offender is to be released, 45 days before release, the commis-
sioner shall notify the county attorney or district attorney, the court, the
local law enforcement agency, and the school district in which the juvenile
offender will be residing if the juvenile is still required to attend a sec-
ondary school, of such pending release. The county attorney, district at-
torney or the court on its own motion may file a motion with the court
for a hearing to determine if the juvenile offender should be retained in
the custody of the commissioner, pursuant to K.S.A. 38-1675, and amend-
ments thereto. The court shall fix a time and place for hearing and shall
notify each party of the time and place.

      (b) Following the hearing if the court orders for the commissioner to
retain custody, the juvenile offender shall not be held in a juvenile cor-
rectional facility for longer than the maximum term of imprisonment
which could be imposed upon an adult convicted of the offense or of-
fenses which the juvenile offender has been adjudicated to have com-
mitted.

      (c) As used in this section, "maximum term of imprisonment" means
the greatest maximum sentence authorized by K.S.A. 21-4501 and
amendments thereto, applying any enhanced penalty which would be
applicable under K.S.A. 21-4504 and amendments thereto and computing
terms as consecutive when required by K.S.A. 21-4608 and amendments
thereto.

      (d) This section shall be part of and supplemental to the Kansas ju-
venile justice code.

      Sec.  30. K.S.A. 1999 Supp. 38-1691 is hereby amended to read as
follows: 38-1691. (a) On and after January 1, 1993, no juvenile shall be
detained or placed in any jail pursuant to the Kansas juvenile justice code
except as provided by subsections (b), (c) and (d).

      (b) Upon being taken into custody, an alleged juvenile offender may
be detained temporarily in a jail, in quarters with sight and sound sepa-
ration from adult prisoners, for the purpose of identifying and processing
the juvenile and transferring the juvenile to a youth residential facility or
juvenile detention facility. If a juvenile is detained in jail under this sub-
section, the juvenile shall be detained only for the minimum time nec-
essary, not to exceed six hours, and in no case overnight.

      (c) The provisions of this section shall not apply to detention of a
juvenile:

      (1)  (A) Against whom a motion has been filed requesting prosecution
as an adult pursuant to K.S.A. 38-1636, and amendments thereto; and
(B) who has received the benefit of a detention hearing pursuant to K.S.A.
38-1640, and amendments thereto;

      (2) whose prosecution as an adult or classification as an extended
jurisdiction juvenile has been authorized pursuant to K.S.A. 38-1636, and
amendments thereto; or

      (3) who has been convicted previously as an adult under the code of
criminal procedure or the criminal laws of another state or foreign juris-
diction.

      (d) The provisions of this section shall not apply to the detention of
any person 18 years of age or more who is taken into custody and is being
prosecuted in accordance with the provisions of the Kansas juvenile jus-
tice code.

      (e) The Kansas juvenile justice authority or the authority's contractor
shall have authority to review jail records to determine compliance with
the provisions of this section.

      (f) This section shall be part of and supplemental to the Kansas ju-
venile justice code.

      Sec.  31. K.S.A. 1999 Supp. 38-16,129 is hereby amended to read as
follows: 38-16,129. On and after July 1, 1999: (a) For the purpose of
committing juvenile offenders to a juvenile correctional facility, the fol-
lowing placements shall be applied by the judge in felony or misdemeanor
cases for offenses committed on or after July 1, 1999. If used, the court
shall establish a specific term of commitment as specified in this subsec-
tion, unless the judge conducts a departure hearing and finds substantial
and compelling reasons to impose a departure sentence as provided in
K.S.A. 1999 Supp. 38-16,132 and amendments thereto.

      (1) Violent Offenders. (A) The violent offender I is defined as an
offender adjudicated as a juvenile offender for an offense which, if com-
mitted by an adult, would constitute an off-grid felony. Offenders in this
category may be committed to a juvenile correctional facility for a mini-
mum 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
constitute a nondrug 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
22 years, six months. The aftercare term for this offender is set at a min-
imum term of six months and up to a maximum term of the offender
reaching the of age 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 com-
mitted by an adult, would constitute a nondrug severity level 4, 5 or 6
person felony or a severity level 1 or 2 drug felony. Offenders in this
category may be committed to a juvenile correctional facility for a mini-
mum 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 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 be committed
to a juvenile correctional facility for a minimum term of nine months and
up to a maximum term of 18 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.

      (3) Chronic Offenders. (A) The chronic offender I, chronic felon is
defined as an offender adjudicated as a juvenile offender for an offense
which, if committed by an adult, would constitute:

      (i) One present nonperson felony adjudication and two prior felony
adjudications; or

      (ii) one present severity level 3 drug felony adjudication and two prior
felony adjudications.

      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
18 months. The aftercare term for this offender is set at a minimum term
of six months and up to a maximum term of 12 months.

      (B) The chronic offender II, escalating felon is defined as an offender
adjudicated as a juvenile offender for an offense which, if committed by
an adult, would constitute:

      (i) One present felony adjudication and two prior misdemeanor ad-
judications;

      (ii) one present felony adjudication and two prior severity level 4 drug
adjudications;

      (iii) one present severity level 3 drug felony adjudication and two
prior misdemeanor adjudications; or

      (iv) one present severity level 3 drug felony adjudication and two
prior severity level 4 drug adjudications.

      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
18 months. The aftercare term for this offender is set at a minimum term
of six months and up to a maximum term of 12 months.

      (C) The chronic offender III, escalating misdemeanant is defined as
an offender adjudicated as a juvenile offender for an offense which, if
committed by an adult, would constitute:

      (i) One present misdemeanor adjudication and two prior misde-
meanor adjudications and two out-of-home placement failures;

      (ii) one present misdemeanor adjudication and two prior severity
level 4 drug felony adjudications and two out-of-home placement failures;

      (iii) one present severity level 4 drug felony adjudication and two
prior misdemeanor adjudications and two out-of-home placement fail-
ures; or

      (iv) one present severity level 4 drug felony adjudication and two
prior severity level 4 drug felony adjudications and two out-of-home
placement failures.

      Offenders in this category may be committed to a juvenile correctional
facility for a minimum term of three months and up to a maximum term
of six months. The aftercare term for this offender is set at a minimum
term of three months and up to a maximum term of six months.

      (4) Conditional Release Violators. Conditional release violators may
be committed to a juvenile correctional facility, youth residential facility,
juvenile detention facility, institution, a sanctions house or to other ap-
propriate community placement for a minimum term of three months
and up to a maximum term of six months. The aftercare term for this
offender is set at a minimum term of two months and up to a maximum
term of six months, or the maximum term of the original aftercare term,
whichever is longer.

      (b) As used in this section: (1) "Placement failure" means a juvenile
offender has been placed out-of-home on probation in a community
placement accredited by the commissioner in a juvenile offender case
and the offender has violated significantly the terms of probation in that
case.

      (2) "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.

      (c) All appropriate community placement options shall have been ex-
hausted before a chronic offender III, escalating misdemeanant shall be
placed in a juvenile correctional facility. A court finding shall be made
acknowledging that appropriate community placement options have been
pursued and no such option is appropriate.

      (d) The commissioner shall work with the community to provide on-
going support and incentives for the development of additional commu-
nity placements to ensure that the chronic offender III, escalating mis-
demeanant sentencing category is not frequently utilized.

      Sec.  32. K.S.A. 1999 Supp. 72-1113 is hereby amended to read as
follows: 72-1113. (a) Each board of education shall designate one or more
employees who shall report to the secretary of social and rehabilitation
services, or a designee thereof, or to the appropriate county or district
attorney pursuant to an agreement as provided in this section, all cases
of children who are less than 13 years of age and are not attending school
as required by law, and to the appropriate county or district attorney, or
a designee thereof, all cases of children who are 13 or more years of age
but less than 18 years of age and are not attending school as required by
law. The designation shall be made no later than September 1 of each
school year and shall be certified no later than 10 days thereafter by the
board of education to the secretary of social and rehabilitation services,
or the designee thereof, to the county or district attorney, or the designee
thereof, and to the commissioner of education. The commissioner of ed-
ucation shall compile and maintain a list of the designated employees of
each board of education. The local area office of the department of social
and rehabilitation services may enter into an agreement with the appro-
priate county or district attorney to provide that the designated employees
of such board of education shall make the report as provided in this section
for all cases of children who are less than 13 years of age and are not
attending school as provided by law to the county or district attorney in
lieu of the secretary, or the secretary's designee. If such agreement is
made, the county or district attorney shall carry out all duties as otherwise
provided by this subsection conferred on the secretary or the secretary's
designee. A copy of such agreement shall be provided to the director of
such area office of the department of social and rehabilitation services and
to the school districts affected by the agreement.

      (b) Whenever a child is required by law to attend school, and the
child is not enrolled in a public or nonpublic school, the child shall be
considered to be not attending school as required by law and a report
thereof shall be made in accordance with the provisions of subsection (a)
by a designated employee of the board of education of the school district
in which the child resides. The provisions of this subsection are subject
to the provisions of subsection (d).

      (c)  (1) Whenever a child is required by law to attend school and is
enrolled in school, and the child is inexcusably absent therefrom on either
three consecutive school days or five school days in any semester or seven
school days in any school year, whichever of the foregoing occurs first,
the child shall be considered to be not attending school as required by
law. A child is inexcusably absent from school if the child is absent there-
from all or a significant part of a school day without a valid excuse ac-
ceptable to the school employee designated by the board of education to
have responsibility for the school attendance of such child.

      (2) Each board of education shall adopt rules for determination of
valid excuse for absence from school and for determination of what shall
constitute a "significant part of a school day" for the purpose of this
section.

      (3) Each board of education shall designate one or more employees,
who shall each be responsible for determining the acceptability and va-
lidity of offered excuses for absence from school of specified children, so
that a designee is responsible for making such determination for each
child enrolled in school.

      (4) Whenever a determination is made in accordance with the pro-
visions of this subsection that a child is not attending school as required
by law, the designated employee who is responsible for such determina-
tion shall make a report thereof in accordance with the provisions of
subsection (a).

      (5) The provisions of this subsection are subject to the provisions of
subsection (d).

      (d)  (1) Prior to making any report under this section that a child is
not attending school as required by law, the designated employee of the
board of education shall serve written notice thereof, by personal delivery
or by first class mail, upon a parent or person acting as parent of the child.
The notice shall inform the parent or person acting as parent that con-
tinued failure of the child to attend school without a valid excuse will
result in a report being made to the secretary of social and rehabilitation
services or to the county or district attorney. Upon failure, on the school
day next succeeding personal delivery of the notice or within three school
days after the notice was mailed, of attendance at school by the child or
of an acceptable response, as determined by the designated employee, to
the notice by a parent or person acting as parent of the child, the desig-
nated employee shall make a report thereof in accordance with the pro-
visions of subsection (a). The designated employee shall submit with the
report a certificate verifying the manner in which notice was provided to
the parent or person acting as parent.

      (2) Whenever a law enforcement officer assumes temporary custody
of a child who is found away from home or school without a valid excuse
during the hours school is actually in session, and the law enforcement
officer delivers the child to the school in which the child is enrolled or to
a location designated by the school in which the child is enrolled to ad-
dress truancy issues, the designated employee of the board of education
shall serve notice thereof upon a parent or person acting as parent of the
child. The notice may be oral or written and shall inform the parent or
person acting as parent of the child that the child was absent from school
without a valid excuse and was delivered to school by a law enforcement
officer.

      (e) Whenever the secretary of social and rehabilitation services re-
ceives a report required under this section, the secretary shall investigate
the matter. If, during the investigation, the secretary determines that the
reported child is not attending school as required by law, the secretary
shall institute proceedings under the code for care of children. If, during
the investigation, the secretary determines that a criminal prosecution
should be considered, the secretary shall make a report of the case to the
appropriate law enforcement agency.

      (f) Whenever a county or district attorney receives a report required
under this section, the county or district attorney shall investigate the
matter. If, during the investigation, the county or district attorney deter-
mines that the reported child is not attending school as required by law,
the county or district attorney shall prepare and file a petition alleging
that the child is a child in need of care. If, during the investigation, the
county or district attorney determines that a criminal prosecution is nec-
essary, the county or district attorney shall commence the same such
action.

      (g) As used in this section, "board of education" means the board of
education of a school district or the governing authority of a nonpublic
school. The provisions of this act shall apply to both public and nonpublic
schools.

      Sec.  33. K.S.A. 75-3329 is hereby amended to read as follows: 75-
3329. As used in this act:

      (a) "Board" means the secretary of social and rehabilitation services.

      (b) "State institution" means institution as defined in K.S.A. 76-
12a01, and amendments thereto.

      (c) "Child" or "children" means a person or persons under the age
of eighteen (18) 18.

      (d) "Private children's home" means any licensed home, institution
or charitable organization which is operated by a corporation organized
not for profit under the laws of this state which the secretary finds has
and maintains adequate facilities and is properly staffed to provide ade-
quate care, custody, education, training and treatment for any child which
the secretary may place therein under the authority of this act, or a li-
censed foster care home, boarding home, personal care home or nursing
home.

      New Sec.  34. In any action pursuant to the Kansas juvenile justice
code in which the respondent is adjudicated upon a plea of guilty or trial
by court or jury or upon completion of an appeal, the judge, if sentencing
the respondent to confinement, shall direct that, for the purpose of com-
puting respondent's sentence and release, eligibility and conditional re-
lease dates thereunder, that such sentence is to be computed from a date,
to be specifically designated by the court in the sentencing order. Such
date shall be established to reflect and shall be computed as an allowance
for the time which the respondent has spent incarcerated pending the
disposition of the respondent's case. In recording the date of commence-
ment of such sentence, the date as specifically set forth by the court shall
be used as the date of sentence and all good time calculations authorized
by law are to be allowed on such sentence from such date as though the
defendant were actually incarcerated in a juvenile correctional facility.
Such credit shall not reduce the minimum term of incarceration author-
ized by law for the offense of which the respondent has been adjudicated.

      New Sec.  35. All juvenile corrections officers and those employees
within the juvenile corrections officer series first employed on and after
July 1, 2000, shall be required to be at least 21 years of age, shall possess
no felony convictions, and shall meet such physical agility requirements
as set by the commissioner.

     Sec.  36. K.S.A. 38-1503, 38-1531, 38-1566, 38-1567, 38-1568 and 75-
3329 and K.S.A. 1999 Supp. 22-4904, 38-1502, 38-1507, 38-1513, 38-
1532, 38-1542, 38-1543, 38-1544, 38-1562, 38-1563, 38-1565, 38-1581,
38-1583, 38-1584, 38-1587, 38-1591, 38-1632, 38-1663, 38-1664, 38-
1673, 38-1674, 38-1675, 38-1676, 38-1691, 38-16,129 and 72-1113 are
hereby repealed.

     Sec.  37. This act shall take effect and be in force from and after its
publication in the Kansas register.