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KS ST 38-2202
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K.S.A. 38-2202
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West's Kansas Statutes Annotated Currentness
Chapter 38. Minors
Article 22. Revised Kansas Code for Care of Children
38-2202.
Definitions
As used in the revised Kansas code for care of
children, unless the context otherwise indicates:
(a)
"Abandon" or "abandonment" means to forsake, desert or, without making
appropriate provision for substitute care, cease providing care for the
child.
(b)
"Adult correction facility" means any public or private facility,
secure or nonsecure, which is used for the lawful custody of accused or
convicted adult criminal offenders.
(c)
"Aggravated circumstances" means the abandonment, torture, chronic
abuse, sexual abuse or chronic, life threatening neglect of a child.
(d)
"Child in need of care" means a person less than 18 years of age at the
time of filing of the petition or issuance of an ex parte protective
custody order pursuant to K.S.A. 38-2242, and amendments thereto, 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. 21-4204a, 41-727, subsection (j) of K.S.A. 74-8810 or
subsection (m) or (n) of K.S.A. 79- 3321, and amendments thereto, or,
except as provided in paragraph (12), 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 emotionally abused or neglected, or
sexually abused;
(12) while less than 10 years of age
commits the offense defined in K.S.A. 21-4204a, and amendments thereto; or
(13) has had a permanent custodian
appointed and the permanent custodian is no longer able or willing to serve.
(e)
"Citizen review board" is a group of community volunteers appointed by
the court and whose duties are prescribed by K.S.A. 38-2207 and 38-2208,
and amendments thereto.
(f)
"Civil custody case" includes any case filed under article 11, of
chapter 38 of the Kansas Statutes Annotated, and amendments thereto
(determination of parentage), article 21 of chapter 59 of the Kansas
Statutes
Annotated, and amendments
thereto (adoption and relinquishment act), article 30 of chapter 59 of
the Kansas Statutes Annotated, and amendments thereto (guardians and
conservators), or article 16 of chapter 60 of the Kansas Statutes
Annotated, and amendments thereto (divorce).
(g)
"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. 38-2206,
and amendments thereto, in a proceeding pursuant
to this code.
(h)
"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.
(i)
"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.
(j)
"Educational institution" means all schools at the elementary and secondary levels.
(k)
"Educator" means any administrator, teacher or other professional or
paraprofessional employee of an educational institution who has exposure
to a
pupil specified in subsection (a)
of K.S.A. 72-89b03, and amendments thereto.
(l)
"Harm" means physical or psychological injury or damage.
(m)
"Interested party" means the grandparent of the child, a person with
whom the child has been living for a significant period of time when the
child in need of care petition is filed, and any person made an
interested party by the court pursuant to K.S.A. 38-2241,
and amendments thereto or Indian tribe seeking to intervene that is not
a party.
(n)
"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 licensure requirements under law and
there is: (A) Total separation of the juvenile and adult facility
spatial areas such that there could be no haphazard
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.
(o)
"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.
(p)
"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.
(q)
"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.
(r)
"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.
(s)
"Multidisciplinary team" means a group of persons, appointed by the
court under K.S.A. 38-2228, and amendments thereto, which has knowledge
of the circumstances of a child in need of care.
(t)
"Neglect" means acts or omissions by a parent, guardian or person
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 custodian. Neglect may include, but shall not be limited to:
(1) Failure to provide the child with
food, clothing or shelter necessary 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 condition if such treatment will make a
child substantially more comfortable, reduce pain and suffering, or
correct or substantially diminish a crippling condition from worsening. 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. 38-2217, and amendments thereto.
(u)
"Parent" when used in relation to a child or children, includes a
guardian and every person who is by law liable to maintain, care for or
support the child.
(v)
"Party" means the state, the petitioner, the child, any parent of the child
and an Indian child's tribe intervening
pursuant to the Indian child welfare act.
(w)
"Permanency goal" means the outcome of the permanency planning process
which may be reintegration, adoption, appointment of a permanent
custodian or another planned permanent living arrangement.
(x)
"Permanent custodian" means a judicially approved permanent guardian of
a child pursuant to K.S.A. 38-2272, and amendments thereto.
(y)
"Physical, mental or emotional abuse" means the infliction of physical,
mental or emotional harm or the causing of a deterioration of a child
and may include, but shall not be limited to, maltreatment or exploiting
a child to the extent that the child's health
or emotional wellbeing is endangered.
(z)
"Placement" means the designation by the individual or agency having custody of where and with whom the child will live.
(aa)
"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.
(bb)
"Secretary" means the secretary of social and rehabilitation services or the secretary's designee.
(cc)
"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.
(dd)
"Sexual abuse" means any contact or interaction with a child in which
the child is being used for the sexual stimulation of the perpetrator,
the child or another person. Sexual abuse shall include allowing,
permitting or encouraging a child to engage in prostitution
or to be photographed, filmed or depicted in pornographic material.
(ee)
"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
children in need of care prior to the issuance
of a dispositional order or longer term care under a dispositional
order.
(ff)
"Transition plan" means, when used in relation to a youth in the
custody of the secretary, an individualized strategy for the provision
of medical, mental health, education, employment and housing supports as
needed for the adult and, if applicable, for any
minor child of the adult, to live independently and specifically
provides for the supports and any services for
which an adult with a disability
is eligible including, but not limited to, funding for home and community based services waivers.
(gg)
"Youth residential facility" means any home, foster home or structure
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,
and amendments thereto.
CREDIT(S)
Laws 2006, ch. 200, § 2; Laws
2008, ch. 169, § 1, eff. July 1,
2008; Laws
2009, ch. 99, § 1, eff. July 1, 2009; Laws
2010, ch. 75, § 5, eff. July 1,
2010.
HISTORICAL AND STATUTORY NOTES
Laws
2008, ch. 169, § 1, in subsec. (d), in the introductory paragraph,
inserted "at the time of filing of the petition or issuance of an ex
parte protective custody order
pursuant to K.S.A. 38-2242, and amendments thereto,"; in subsec. (l),
added "or Indian tribe seeking to intervene that is not a party"; and in
subsec. (u), substituted "child," for "child and", and
added "and an Indian child's tribe
intervening pursuant to the Indian child welfare act".
Laws 2009, ch. 99, § 1, inserted subsec. (ee), defining "transition plan"; and redesignated former subsec. (ee) as subsec. (ff).
Laws
2010, ch. 75, § 5, inserted subsec. (f), defining "civil custody case";
and redesignated former subsecs. (f) to (ff) as subsecs. (g) to (gg).
Prior Laws:
38-1502.
K. S. A. 38-2202, KS ST 38-2202
Current
through 2010 regular
session