38-1604. Jurisdiction; placement with department of social and rehabilitation services or juvenile justice authority, costs.
38-1604
38-1604. Jurisdiction; placement with department ofsocial and rehabilitation services or juvenile justice authority,costs.(a) Except as provided in K.S.A. 38-1636, and amendmentsthereto, proceedings concerninga juvenile who appears to be a juvenile offender shall be governed by theprovisions of this code.
(b) The district court shall have original jurisdiction to receive anddetermine proceedings under this code.
(c) When jurisdiction is acquired by the district court over an allegedjuvenile offender it may continue until: (1) Sixty days after sentencing, ifthe juvenile is committed directly to a juvenile correctional facility; (2)the juvenilehas attained theage of 23 years, if committed to the custody of the commissioner pursuant tosubsection (c) of K.S.A. 38-1665, and amendments thereto, unless an adultsentence is imposedpursuant to an extendedjurisdiction juvenile prosecution. If such adult sentence is imposed,jurisdiction shall continue until discharged by the court or other process forthe adult sentence;(3) the juvenile has been discharged by thecourt;or (4) the juvenile hasbeen dischargedunder the provisions of K.S.A. 38-1675, and amendments thereto.
(d) (1) If a juvenile offender, at the time of sentencing, is in an out ofhome placement in the custody of the secretary of social and rehabilitationservices under the revised Kansas code for care of children,thesentencing court may orderthe continued placement of the juvenile as a child in need of care unless theoffender was adjudicated for a felony or a second, or subsequent, misdemeanor.If the adjudication was for a felony or a second, or subsequent misdemeanor,the continued placement cannot be ordered unless the court finds there arecompelling circumstances which require, in the best interest of the juvenile,that the placement should be continued. In considering whether compellingcircumstances exist, the court shall consider the reports and recommendationsof the foster placement, the contract provider, the secretary of social andrehabilitation services, the presentence investigation and all other relevantfactors. If the foster placement refuses to continue the juvenile in the fosterplacement the court shall not order continued placement as a child in need ofcare.
(2) If a placement with the secretary of social and rehabilitation servicesis continued after sentencing, the secretary shall not be responsible for anycosts of sanctions imposed under this code.
(3) If such a juvenile offender is placed in the custody of the juvenilejustice authority, the secretary of social and rehabilitation services shallnot be responsible for furnishing services ordered in the child in need of careproceeding during the time of the placement pursuant to the Kansas juvenilejustice code. Nothing in this subsection shall preclude such juvenile offenderfrom accessing services provided by the department of social and rehabilitationservices or any other state agency if such juvenile is eligible for suchservices.
(e) The revised Kansas code for care of children shall apply whennecessary to carry out the provisions of subsection (d) of K.S.A. 38-1664, andamendments thereto.
(f) The provisions of this code shall govern with respect to offensescommitted on or after July 1, 1997.
History: L. 1982, ch. 182, § 62;L. 1996, ch. 229, § 42;L. 1997, ch. 156, § 46;L. 1997, ch. 156, § 47;L. 1998, ch. 187, § 3;L. 1999, ch. 156, § 12;L. 2006, ch. 200, § 93; Jan. 1, 2007.