38-2365. Juvenile offender placed in custody of commissioner; placement; permanency plan; progress report to court; hearing; notification; termination of parental rights.
38-2365
38-2365. Juvenile offender placed in custody ofcommissioner; placement; permanency plan; progress report to court; hearing;notification; termination of parental rights.(a) When a juvenile offender has been placed in the custody of thecommissioner, the commissioner shall have a reasonable time to make aplacement. If the juvenileoffender has not been placed, any party who believes that the amount of timeelapsed withoutplacement has exceeded a reasonable time may file a motion for review with thecourt. Indetermining what is a reasonable amount of time, matters considered by thecourt shall include, butnot be limited to, the nature of the underlying offense, efforts made forplacement of the juvenileoffender and the availability of a suitable placement. The commissioner shallnotify the court andthe juvenile offender's parent, in writing, of the initial placement and anysubsequent change ofplacement as soon as the placement has been accomplished. The notice to thejuvenile offender'sparent shall be sent to such parent's last known address or addresses. Thecourt shall have no powerto direct a specific placement by the commissioner, but may makerecommendations to thecommissioner. The commissioner may place the juvenile offender in aninstitution operated by thecommissioner, a youth residential facility or any other appropriate placement.If the court hasrecommended an out-of-home placement, the commissioner may not return thejuvenile offender tothe home from which removed without first notifying the court of the plan.
(b) If a juvenile is in the custody of the commissioner, the commissionershall prepare andpresent a permanency plan at sentencing or within 30 days thereafter. If apermanency plan is alreadyin place under a child in need of care proceeding, the court may adopt the planunder the presentproceeding. The written permanency plan shall provide for reintegration of thejuvenile into suchjuvenile's family or, if reintegration is not a viable alternative, for otherpermanent placement of thejuvenile. Reintegration may not be a viable alternative when: (1) The parenthas been found by acourt to have committed murder in the first degree, K.S.A. 21-3401, andamendments thereto, murder in the second degree, K.S.A. 21-3402, and amendmentsthereto, capital murder, K.S.A.21-3439, and amendments thereto, voluntary manslaughter, K.S.A. 21-3403, andamendmentsthereto, of a child or violated a law of another state which prohibits suchmurder ormanslaughter of a child;
(2) the parent aided or abetted, attempted, conspired or solicited to commitsuch murder orvoluntary manslaughter of a child;
(3) the parent committed a felony battery that resulted in bodily injury tothe juvenile whois the subject of this proceeding or another child;
(4) the parent has subjected the juvenile who is the subject of thisproceeding or anotherchild to aggravated circumstances as defined in K.S.A. 38-1502, and amendmentsthereto;
(5) the parental rights of the parent to another child have been terminatedinvoluntarily; or
(6) the juvenile has been in extended out-of-home placement as defined inK.S.A. 2009 Supp.38-2202,and amendments thereto.
(c) If the juvenile is placed in the custody of the commissioner, the planshall be preparedand submitted by the commissioner. If the juvenile is placed in the custody ofa facility or personother than the commissioner, the plan shall be prepared and submitted by acourt services officer.If the permanency goal is reintegration into the family, the permanency planshall include measurableobjectives and time schedules for reintegration.
(d) During the time a juvenile remains in the custody of the commissioner,the commissionershall submit to the court, at least every six months, a written report of theprogress being madetoward the goals of the permanency plan submitted pursuant to subsections (b)and (c) and the specific actions taken to achieve the goals of the permanencyplan. If the juvenile is placed in foster care, the court may request thefoster parent to submit to the court, at least every six months, a report inregard to the juvenile's adjustment, progress and condition. Such report shallbe made a part of the juvenile's court social file. The court shall review theplan submitted by the commissioner and the report, if any, submitted by thefoster parent and determine whether reasonable efforts and progress have beenmade to achieve the goals of the permanency plan. If the court determines thatprogress is inadequate or that the permanency plan is no longer viable, thecourt shall hold a hearing pursuant to subsection (e).
(e) When the commissioner has custody of the juvenile, a permanency hearingshall be heldno more than 12 months after the juvenile is first placed outside suchjuvenile's home and at leastevery 12 months thereafter. Juvenile offenders who have been in extendedout-of-home placementshall be provided a permanency hearing within 30 days of a request from thecommissioner. Thecourt may appoint a guardian ad litem to represent the juvenileoffender at the permanency hearing.At each hearing, the court shall make a written finding whether reasonableefforts have been madeto accomplish the permanency goal and whether continued out-of-home placementis necessary forthe juvenile's safety.
(f) Whenever a hearing is required under subsection (e), the court shallnotify all interestedparties of the hearing date, the commissioner, foster parent and preadoptiveparent or relativesproviding care for the juvenile and hold a hearing. Individuals receivingnotice pursuant to thissubsection shall not be made a party to the action solely on the basis of thisnotice and opportunityto be heard. After providing the persons receiving notice an opportunity to beheard, the court shalldetermine whether the juvenile's needs are being adequately met; whetherservices set out in thepermanency plan necessary for the safe return of the juvenile have been madeavailable to the parent with whom reintegration is planned; and whetherreasonable efforts and progress have been madeto achieve the goals of the permanency plan.
(g) If the court finds reintegration continues to be a viable alternative,the court shalldetermine whether and, if applicable, when the juvenile will be returned to theparent. The court mayrescind any of its prior dispositional orders and enter any dispositional orderauthorized by this codeor may order that a new plan for the reintegration be prepared and submitted tothe court. Ifreintegration cannot be accomplished as approved by the court, the court shallbe informed and shallschedule a hearing pursuant to subsection (h). No such hearing is required whenthe parentvoluntarily relinquishes parental rights or agree to appointment of a permanentguardian.
(h) When the court finds any of the following conditions exist, the county ordistrict attorneyor the county or district attorney's designee shall file a petition allegingthe juvenile to be a child inneed of care and requesting termination of parental rights pursuant to theKansas code forcare of children: (1) The court determines that reintegration is not a viablealternative and eitheradoption or permanent guardianship might be in the best interests of thejuvenile;
(2) the goal of the permanency plan is reintegration into the family and thecourt determinesafter 12 months from the time such plan is first submitted that progress isinadequate; or
(3) the juvenile has been in out-of-home placement for a cumulative total of15 of the last22 months, excluding trial home visits and juvenile in runaway status.
Nothing in this subsection shall be interpreted to prohibit termination ofparental rights priorto the expiration of 12 months.
(i) A petition to terminate parental rights is not required to be filed ifone of the followingexceptions is documented to exist: (1) The juvenile is in a stable placementwith relatives;
(2) services set out in the case plan necessary for the safe return of thejuvenile have not beenmade available to the parent with whom reintegration is planned; or
(3) there are one or more documented reasons why such filing would not be inthe bestinterests of the juvenile. Documented reasons may include, but are not limitedto: The juvenile hasclose emotional bonds with a parent which should not be broken; the juvenile is14 years of age orolder and, after advice and counsel, refuses to be adopted; insufficientgrounds exist for terminationof parental rights; the juvenile is an unaccompanied refugee minor; or thereare international legalor compelling foreign policy reasons precluding termination of parental rights.
History: L. 2006, ch. 169, § 65; Jan. 1, 2007.