38-2368. Violation of condition of probation or placement. - Kansas Statutes

38-2368

Chapter 38.--MINORS Article 23.--REVISED KANSAS JUVENILE JUSTICE CODE

      38-2368.   Violation of condition of probation orplacement.(a) If it is alleged that a juvenile offender has violated acondition of probationor of a court-ordered placement, the county or district attorney, the victimof the offense committedby the offender, the assigned court services officer or the current custodianand placement of thejuvenile offender may file a report with the court describingthe allegedviolation. The court shallprovide copies of the report to the parties to the proceeding. The court, uponthe court's own motionor the motion of the commissioner or any party, shall set the matter forhearing and may issue awarrant pursuant toK.S.A. 2009 Supp.38-2342, and amendments thereto. Uponreceipt of the motion, the court shallfix a time and place for hearing and provide notice to the movant and to thecurrent custodianand placement of the juvenile offender and to each party tothe proceeding. Exceptas set out insubsection (b), if the court finds by a preponderance of the evidence that thejuvenile offenderviolated a condition ofprobation or placement, the court may extend or modify the terms of probationor placement or enteranother sentence pursuant toK.S.A. 2009 Supp.38-2361, and amendments thereto,except that a child support order which has been registered under K.S.A. 2009Supp. 38-2321, and amendments thereto, may only be modified pursuant to K.S.A.2009 Supp. 38-2321, and amendments thereto.

      (b)   The court shall not enter an order removing a juvenile from the custodyof a parent pursuant to this section unless the court first finds probablecause that: (1)(A) The juvenile is likely to sustain harm if notimmediately removed from the home;

      (B)   allowing the juvenile to remain in home is contrary to the welfare of thejuvenile; or

      (C)   immediate placement of the juvenile is in the juvenile's best interest;and

      (2)   reasonable efforts have been made to maintain the family unit andprevent the unnecessary removal of the juvenile from the juvenile's home orthat anemergency exists which threatens the safety of the juvenile.The court shall state the basis of each finding in writing.

      History:   L. 2006, ch. 169, § 68; Jan. 1, 2007.