38-2232. Child under 18 taken into custody; duties of officers; referral of cases for proceedings under this code and interstate compact on juveniles; placed in shelter facility or with other person; - Kansas Statutes

38-2232

Chapter 38.--MINORS Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2232.   Child under 18 taken into custody; dutiesof officers; referral of cases for proceedings under this code and interstatecompact on juveniles; placed in shelter facility or with other person;application of law enforcement officer; release of child.(a) To the extent possible, when any law enforcement officertakesinto custodya child under the age of 18 years without a court order, the child shallforthwith be delivered to thecustody of the child's parent or other custodian unless there are reasonablegrounds to believe thatsuch action would not be in the best interests of the child. Except asprovided in subsection (b), ifthe child is not delivered to the custody of the child's parent or othercustodian, the child shallforthwith be delivered to a shelter facility designatedby the court, court services officer, juvenile intake and assessment worker,licensed attendant carecenter or other person or, if the child is 15 years of age or younger, or 16or 17 years of age if the child has no identifiable parental or familyresources or shows signs of physical, mental, emotional orsexual abuse, to a facility or person designated by the secretary. If,after delivery of the child to a shelter facility, the person in chargeof theshelter facility at that time and the law enforcement officer determine thatthe child will not remainin the shelter facility and if the child is presently alleged, but not yetadjudicated, to be a childin need of care solely pursuant to subsection (d)(9) or (d)(10) of K.S.A. 2009Supp. 38-2202, and amendments thereto, the law enforcement officer shalldeliver the childtoa juvenile detentionfacility or other secure facility, designated by the court, where the childshall be detained for notmore than 24 hours, excluding Saturdays, Sundays and legal holidays. No childtaken into custodypursuant to this code shall be placed in a juvenile detention facility or othersecure facility, exceptas authorized by this section and byK.S.A. 2009 Supp.38-2242, 38-2243 and38-2260, and amendmentsthereto. It shall be theduty of the law enforcement officer to furnish to the county or districtattorney, without unnecessarydelay, all the information in the possession of the officer pertaining to thechild, the child's parentsor other persons interested in or likely to be interested in the child and allother facts andcircumstances which caused the child to be taken into custody.

      (b)   When any law enforcement officer takes into custody any child as providedin subsection(b)(2) ofK.S.A. 2009 Supp.38-2231, and amendments thereto, proceedings shallbe initiated inaccordance with theprovisions of the interstate compact on juveniles, K.S.A. 38-1001 et seq., andamendments thereto,orK.S.A. 2009 Supp.38-1008, and amendments thereto, when effective. Anychildtaken intocustody pursuant to the interstate compact on juveniles may be detained in ajuvenile detentionfacility or other secure facility.

      (c)   Whenever a child under the age of 18 years is taken into custody by a lawenforcementofficer without a court order and is thereafter placed as authorized bysubsection (a), the facility orperson shall, upon written application of the law enforcement officer, havephysical custody andprovide care and supervision for the child. The application shall state:

      (1)   The name and address of the child, if known;

      (2)   the names and addresses of the child's parents or nearest relatives andpersons with whomthe child has been residing, if known; and

      (3)   the officer's belief that the child is a child in need of care and thatthere are reasonablegrounds to believe that the circumstances or condition of the child is suchthat the child would beharmed unless placed in the immediate custody of the shelter facility orother person.

      (d)   A copy of the application shall be furnished by the facility or personreceiving the childto the county or district attorney without unnecessary delay.

      (e)   The shelter facility or other person designated by the court who hascustody of the childpursuant to this section shall discharge the child not later than 72 hoursfollowing admission,excluding Saturdays, Sundays and legal holidays, unless a court has entered anorder pertaining totemporary custody or release.

      (f)   In absence of a court order to the contrary, the county or districtattorney or the placinglaw enforcement agency shall have the authority to direct the release of thechild at any time.

      (g)   When any law enforcement officer takes into custody any child as providedin subsection(d) ofK.S.A. 2009 Supp.38-2231, and amendments thereto, the child shallforthwith bedelivered to the school inwhich the child is enrolled, any location designated by the school in which thechild is enrolled orthe child's parent or other custodian.

      History:   L. 2006, ch. 200, § 27;L. 2009, ch. 99, § 3; July 1.