38-1372. Role of prosecutor. - Kansas Statutes

38-1372

Chapter 38.--MINORS Article 13.--CHILD CUSTODY JURISDICTION

      38-1372.   Role of prosecutor.(UCCJEA 315). (a) In a case arising under this act orinvolving the Hague Convention on the civil aspects of international childabduction, the prosecutor may take any lawful action, including resort to aproceeding under K.S.A. 38-1358 through 38-1574 and amendments thereto or anyotheravailable civil proceeding to locate a child, obtain the return of a child, orenforce a child-custody determination if there is:

      (1)   An existing child-custody determination;

      (2)   a request to do so from a court in a pending child-custody proceeding;

      (3)   a reasonable belief that a criminal statute has been violated; or

      (4)   a reasonable belief that the child has been wrongfully removed orretained in violation of the Hague Convention on the civil aspects ofinternational child abduction.

      (b)   A prosecutor acting under this section acts on behalf of the court andmay not represent any party.

      History:   L. 2000, ch. 171, § 67; July 1.