Changing the name of juvenile crisis intervention centers to juvenile stabilization centers, modifying the intake criteria and treatment provided at such centers and transferring moneys from the evidence-based programs account of the state general fund for use at such centers.

As Amended by Senate Committee
{As Amended by House Committee of the Whole}
As Amended by House Committee
Session of 2026
HOUSE BILL No. 2639
By Committee on Child Welfare and Foster Care
Requested by Representative Howerton
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AN ACT concerning children and minors; changing the name of juvenile
crisis intervention centers to juvenile stabilization centers; modifying
the intake criteria for such centers; prohibiting certain rules and
regulations for such centers; modifying the treatment and services
provided by such centers; transferring moneys from the evidence-based
programs account of the state general fund to the department for
children and families to provide juvenile stabilization services;
amending K.S.A. 38-2232, 38-2242 and 75-7023 and K.S.A. 2025
Supp. 38-2202, 38-2231, 38-2243, 38-2302, 38-2330, 65-536, 72-6287
and 75-52,164 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 Supp. 38-2202 is hereby amended to read as
follows: 38-2202. 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, that 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;
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HB 2639—Am. by SC 2
(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. 72-3421 or 72-3120,
and amendments thereto;
(7) except in the case of a violation of K.S.A. 41-727, 74-8810(j), 79-
3321(m) or (n), or K.S.A. 21-6301(a)(14), 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 that if done by an
adult would constitute the commission of a felony or misdemeanor as
defined by K.S.A. 21-5102, 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. 21-6301(a)(14), and amendments thereto;
(13) has had a permanent custodian appointed and the permanent
custodian is no longer able or willing to serve; or
(14) has been subjected to an act that would constitute human
trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426,
and amendments thereto, or commercial sexual exploitation of a child, as
defined by K.S.A. 21-6422, and amendments thereto, or has committed an
act which, if committed by an adult, would constitute selling sexual
relations, as defined by K.S.A. 21-6419, and amendments thereto.
(e) "Child abuse medical resource center" means a medical institution
affiliated with an accredited children's hospital or a recognized institution
of higher education that has an accredited medical school program with
board-certified child abuse pediatricians who provide training, support,
mentoring and peer review to CARE providers on CARE exams.
(f) "Child abuse review and evaluation exam" or "CARE exam"
means a forensic medical evaluation of a child alleged to be a victim of
abuse or neglect conducted by a CARE provider.
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(g) "Child abuse review and evaluation network" or "CARE network"
means a network of CARE providers, child abuse medical resource centers
and any medical provider associated with a child advocacy center that has
the ability to conduct a CARE exam that collaborate to improve services
provided to a child alleged to be a victim of abuse or neglect.
(h) "Child abuse review and evaluation provider" or "CARE
provider" means a person licensed to practice medicine and surgery,
advanced practice registered nurse or licensed physician assistant who
performs CARE exams of and provides medical diagnosis and treatment to
a child alleged to be a victim of abuse or neglect and who receives:
(1) Kansas-based initial intensive training regarding child
maltreatment from the CARE network;
(2) continuous trainings on child maltreatment from the CARE
network; and
(3) peer review and new provider mentoring regarding medical
evaluations from a child abuse medical resource center.
(i) "Child abuse review and evaluation referral" or "CARE referral"
means a brief written review of allegations of physical abuse, emotional
abuse, medical neglect or physical neglect submitted by the secretary or
law enforcement agency to a child abuse medical resource center for a
recommendation of such child's need for medical care that may include a
CARE exam.
(j) "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.
(k) "Civil custody case" includes any case filed under chapter 23 of
the Kansas Statutes Annotated, and amendments thereto, the Kansas
family law code, 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, or article 30 of chapter 59 of the Kansas Statutes
Annotated, and amendments thereto, guardians and conservators.
(l) "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.
(m) "Custody" whether temporary, protective or legal, means the
status created by court order or statute that 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.
(n) "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
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recent 22 months beginning 60 days after the date at which a child in the
custody of the secretary was removed from the child's home.
(o) "Educational institution" means all schools at the elementary and
secondary levels.
(p) "Educator" means any administrator, teacher or other professional
or paraprofessional employee of an educational institution who has
exposure to a pupil specified in K.S.A. 72-6143(a), and amendments
thereto.
(q) "Harm" means physical or psychological injury or damage.
(r) "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.
(s) "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.
(t) "Juvenile detention facility" means any secure public or private
facility used for the lawful custody of accused or adjudicated juvenile
offenders that must not be a jail.
(u) "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.
(v) "Kinship care placement" means the placement of a child in the
home of an adult with whom the child or the child's parent already has
close emotional ties.
(w) "Kinship caregiver" means an adult who the secretary has
selected for placement for a child in need of care with whom the child or
the child's parent already has close emotional ties.
(x) "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.
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(y) "Multidisciplinary team" means a group of persons, appointed by
the court under K.S.A. 38-2228, and amendments thereto, that has
knowledge of the circumstances of a child in need of care.
(z) "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 that 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 K.S.A. 38-2217(a)(2), and amendments
thereto.
(aa) "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.
(bb) "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.
(cc) "Permanency goal" means the outcome of the permanency
planning process, which may be reintegration, adoption, appointment of a
permanent custodian, establishment of SOUL family legal permanency or
another planned permanent living arrangement.
(dd) "Permanent custodian" means a judicially approved permanent
guardian of a child pursuant to K.S.A. 38-2272, and amendments thereto.
(ee) "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 well-
being is endangered.
(ff) "Placement" means the designation by the individual or agency
having custody of where and with whom the child will live.
(gg) "Qualified residential treatment program" means a program
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designated by the secretary for children and families as a qualified
residential treatment program pursuant to federal law.
(hh) "Reasonable and prudent parenting standard" means the standard
characterized by careful and sensible parental decisions that maintain the
health, safety and best interests of a child while at the same time
encouraging the emotional and developmental growth of the child, that a
caregiver shall use when determining whether to allow a child in foster
care under the responsibility of the state to participate in extracurricular,
enrichment, cultural and social activities.
(ii) "Relative" means a person related by blood, marriage or adoption.
(jj) "Runaway" means a child who is willfully and voluntarily absent
from the child's home without the consent of the child's parent or other
custodian.
(kk) "Secretary" means the secretary for children and families or the
secretary's designee.
(ll) "Secure facility" means a facility, other than a staff secure facility
or juvenile detention facility, that 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 that 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.
(mm) "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, but is not limited
to, allowing, permitting or encouraging a child to:
(1) Be photographed, filmed or depicted in pornographic material; or
(2) be subjected to aggravated human trafficking, as defined in
K.S.A. 21-5426(b), and amendments thereto, if committed in whole or in
part for the purpose of the sexual gratification of the offender or another,
or be subjected to an act that would constitute conduct proscribed by
article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, or K.S.A. 21-6419 or 21-6422, and amendments thereto.
(nn) "Shelter facility" means any public or private facility or home,
other than a juvenile detention facility or staff secure 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.
(oo) "Support, opportunity, unity, legal relationships family legal
permanency" or "SOUL family legal permanency" means the appointment
of one or more adults, approved by a child who is 16 years of age or older
and the subject of a child in need of care proceeding, pursuant to K.S.A.
38-2272a, and amendments thereto.
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(pp) "Staff secure facility" means a facility described in K.S.A. 65-
535, and amendments thereto: (1) That does not include construction
features designed to physically restrict the movements and activities of
juvenile residents who are placed therein; (2) that may establish reasonable
rules restricting entrance to and egress from the facility; and (3) in which
the movements and activities of individual juvenile residents may, for
treatment purposes, be restricted or subject to control through the use of
intensive staff supervision. No staff secure facility shall be in a city or
county jail.
(qq) "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.
(rr) "Youth residential facility" means any home, foster home or
structure that provides 24-hour-a-day care for children and that is licensed
pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and
amendments thereto.
(ss) "Behavioral health crisis" means behavioral and conduct issues
that impact the safety or health of a child, members of the child's
household or family or members of the community, including, but not
limited to, non-life threatening mental health and substance abuse
concerns.
Sec. 2. K.S.A. 2025 Supp. 38-2231 is hereby amended to read as
follows: 38-2231. (a) A law enforcement officer or court services officer
shall take a child under 18 years of age into custody when:
(1) The law enforcement officer or court services officer has a court
order commanding that the child be taken into custody as a child in need
of care; or
(2) the law enforcement officer or court services officer has probable
cause to believe that a court order commanding that the child be taken into
custody as a child in need of care has been issued in this state or in another
jurisdiction.
(b) A law enforcement officer shall take a child under 18 years of age
into custody when if the officer:
(1) Reasonably believes that the child will be harmed if not
immediately removed from the place or residence where the child has been
found; or
(2) reasonably believes that the child is experiencing a behavioral
health crisis in need of stabilization and is likely to cause harm to self or
others.
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HB 2639—Am. by SC 8
(c) A law enforcement officer shall explore other options to separate
the child from the source of harm before removal of such child as provided
in subsection (b).
(d) The secretary shall provide an electronic means of communication
for a responding law enforcement officer to refer a child who may be a
victim of abuse or neglect to the secretary. The secretary shall receive such
referrals and, within 24 hours, initiate an investigation of abuse or neglect
and contact the persons who are the subject of such investigation. Then,
within 24 hours of such contact, the secretary shall respond to the referring
law enforcement agency with the status of the investigation.
(e) A law enforcement officer shall take a child under 18 years of age
into custody when the officer:
(1) Has probable cause to believe that the child is a runaway or a
missing person or a verified missing person entry for the child can be
found in the national crime information center missing person system; or
(2) reasonably believes that the child is a victim of human trafficking,
aggravated human trafficking or commercial sexual exploitation of a child.
(f) (1) If a person provides shelter to a child whom the person knows
is a runaway, such person shall promptly report the child's location either
to a law enforcement agency or to the child's parent or other custodian.
(2) If a person reports a runaway's location to a law enforcement
agency pursuant to this section and a law enforcement officer of the
agency has reasonable grounds to believe that it is in the child's best
interests, the child may be allowed to remain in the place where shelter is
being provided, subject to subsection (e), in the absence of a court order to
the contrary. If the child is allowed to so remain, the law enforcement
agency shall promptly notify the secretary of the child's location and
circumstances.
(g) Except as provided in subsections (a), (b) and (e), a law
enforcement officer may temporarily detain and assume temporary custody
of any child subject to compulsory school attendance, pursuant to K.S.A.
72-3120, and amendments thereto, during the hours school is actually in
session and shall deliver the child pursuant to K.S.A. 38-2232(g), and
amendments thereto.
Sec. 3.Section 1. K.S.A. 38-2232 is hereby amended to read as
follows: 38-2232. (a) (1) To the extent possible, when any law
enforcement officer takes into custody a child under the age of 18 years
without a court order, the child shall promptly be delivered to the custody
of the child's parent or other custodian unless there are reasonable grounds
to believe that such action would not be in the best interests of the child.
(2) Except as provided in subsection (b), if the child is not delivered
to the custody of the child's parent or other custodian, the child shall
promptly be delivered to a:
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HB 2639—Am. by SC 9
(A) (i) Shelter facility designated by the court;
(ii) court services officer;
(iii) juvenile intake and assessment worker;
(iv) licensed attendant care center;
(v) juvenile crisis intervention stabilization center after written
authorization by a community mental health center; or
(vi) other person;
(B) if the child is 15 years of age or younger, to a facility or person
designated by the secretary; or
(C) if the child is 16 or 17 years of age and the child has no
identifiable parental or family resources or shows signs of physical,
mental, emotional or sexual abuse, to a facility or person designated by the
secretary.
(3) If, after delivery of the child to a shelter facility, the person in
charge of the shelter facility at that time and the law enforcement officer
determine that the child will not remain in the shelter facility and if the
child is presently alleged, but not yet adjudicated, to be a child in need of
care solely pursuant to K.S.A. 38-2202(d)(9) or (d)(10), and amendments
thereto, the law enforcement officer shall deliver the child to a secure
facility, designated by the court, where the child shall be detained for not
more than 24 hours, excluding Saturdays, Sundays, legal holidays, and
days on which the office of the clerk of the court is not accessible.
(4) No child taken into custody pursuant to this code shall be placed
in a secure facility, except as authorized by this section and by K.S.A. 38-
2242, 38-2243 and 38-2260, and amendments thereto.
(5) It shall be the duty of the law enforcement officer to furnish to the
county or district attorney, without unnecessary delay, all the information
in the possession of the officer pertaining to the child, the child's parents or
other persons interested in or likely to be interested in the child and all
other facts and circumstances which caused the child to be taken into
custody.
(b) (1) When any law enforcement officer takes into custody any
child as provided in K.S.A. 38-2231(b)(2), and amendments thereto,
proceedings shall be initiated in accordance with the provisions of the
interstate compact on juveniles, K.S.A. 38-1001 et seq., and amendments
thereto, or K.S.A. 38-1008, and amendments thereto, when effective. Any
child taken into custody pursuant to the interstate compact on juveniles
may be detained in a juvenile detention facility or other secure facility.
(2) When any law enforcement officer takes into custody any child as
provided in K.S.A. 38-2231(b)(3), and amendments thereto, the law
enforcement officer shall place the child in protective custody and may
deliver the child to a staff secure facility. The law enforcement officer shall
contact the department for children and families to begin an assessment to
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HB 2639—Am. by SC 10
determine safety, placement and treatment needs for the child. Such child
shall not be placed in a secure facility, except as authorized by this section
and by K.S.A. 38-2242, 38-2243 and 38-2260, and amendments thereto.
(3) When any law enforcement officer takes into custody any child as
provided in K.S.A. 38-2231(b)(4), and amendments thereto, the law
enforcement officer shall place the child in protective custody and may
deliver the child to a juvenile crisis intervention stabilization center after
written authorization by a community mental health center . Such child
shall not be placed in a juvenile detention facility or other secure facility.
(c) Whenever a child under the age of 18 years is taken into custody
by a law enforcement officer without a court order and is thereafter placed
as authorized by subsection (a), the facility or person shall, upon written
application of the law enforcement officer, have physical custody and
provide 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
and persons with whom the child has been residing, if known; and
(3) the officer's belief that the child is a child in need of care and that
there are reasonable grounds to believe that the circumstances or condition
of the child is such that the child would be harmed unless placed in the
immediate custody of the shelter facility or other person.
(d) A copy of the application shall be furnished by the facility or
person receiving the child to the county or district attorney without
unnecessary delay.
(e) The shelter facility or other person designated by the court who
has custody of the child pursuant to this section shall discharge the child
not later than 72 hours following admission, excluding Saturdays,
Sundays, legal holidays, and days on which the office of the clerk of the
court is not accessible, unless a court has entered an order pertaining to
temporary custody or release.
(f) In absence of a court order to the contrary, the county or district
attorney or the placing law enforcement agency shall have the authority to
direct the release of the child at any time.
(g) When any law enforcement officer takes into custody any child as
provided in K.S.A. 38-2231(d), and amendments thereto, the child shall
promptly be delivered to the school in which the child is enrolled, any
location designated by the school in which the child is enrolled or the
child's parent or other custodian.
Sec. 4. 2. K.S.A. 38-2242 is hereby amended to read as follows: 38-
2242. (a) The court, upon verified application, may issue ex parte an order
directing that a child be held in protective custody and, if the child has not
been taken into custody, an order directing that the child be taken into
custody. The application shall state for each child:
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HB 2639—Am. by SC 11
(1) The applicant's belief that the child is a child in need of care;
(2) that the child is likely to sustain harm if not immediately removed
from the home;
(3) that allowing the child to remain in the home is contrary to the
welfare of the child; and
(4) the facts relied upon to support the application, including efforts
known to the applicant to maintain the family unit and prevent the
unnecessary removal of the child from the child's home, or the specific
facts supporting that an emergency exists which threatens the safety of the
child.
(b) (1) The order of protective custody may be issued only after the
court has determined there is probable cause to believe the allegations in
the application are true. The order shall remain in effect until the
temporary custody hearing provided for in K.S.A. 38-2243, and
amendments thereto, unless earlier rescinded by the court.
(2) No child shall be held in protective custody for more than 72
hours, excluding Saturdays, Sundays, legal holidays, and days on which
the office of the clerk of the court is not accessible, unless within the 72-
hour period a determination is made as to the necessity for temporary
custody in a temporary custody hearing. The time spent in custody
pursuant to K.S.A. 38-2232, and amendments thereto, shall be included in
calculating the 72-hour period. Nothing in this subsection shall be
construed to mean that the child must remain in protective custody for 72
hours. If a child is in the protective custody of the secretary, the secretary
shall allow at least one supervised visit between the child and the parent or
parents within such time period as the child is in protective custody. The
court may prohibit such supervised visit if the court determines it is not in
the best interest of the child.
(c) (1) Whenever the court determines the necessity for an order of
protective custody, the court may place the child in the protective custody
of:
(A) A parent or other person having custody of the child and may
enter a restraining order pursuant to subsection (e);
(B) a person, other than the parent or other person having custody,
who shall not be required to be licensed under article 5 of chapter 65 of the
Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of law,
if the child has been subjected to human trafficking or aggravated human
trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or
commercial sexual exploitation of a child, as defined by K.S.A. 21-6422,
and amendments thereto, or the child committed an act which, if
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committed by an adult, would constitute a violation of K.S.A. 21-6419,
and amendments thereto;
(F) after written authorization by a community mental health center, a
juvenile crisis intervention stabilization center as described in K.S.A. 65-
536, and amendments thereto; or
(G) the secretary, if the child is 15 years of age or younger, or 16 or
17 years of age if the child has no identifiable parental or family resources
or shows signs of physical, mental, emotional or sexual abuse.
(2) If the secretary presents the court with a plan to provide services
to a child or family which the court finds will assure the safety of the
child, the court may only place the child in the protective custody of the
secretary until the court finds the services are in place. The court shall
have the authority to require any person or entity agreeing to participate in
the plan to perform as set out in the plan. When the child is placed in the
protective custody of the secretary, the secretary shall have the
discretionary authority to place the child with a parent or to make other
suitable placement for the child. When the child is placed in the temporary
custody of the secretary and the child has been subjected to human
trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426,
and amendments thereto, or commercial sexual exploitation of a child, as
defined by K.S.A. 21-6422, and amendments thereto, or the child
committed an act which, if committed by an adult, would constitute a
violation of K.S.A. 21-6419, and amendments thereto, the secretary shall
have the discretionary authority to place the child in a staff secure facility,
notwithstanding any other provision of law. When the child is presently
alleged, but not yet adjudicated, to be a child in need of care solely
pursuant to K.S.A. 38-2202(d)(9) or (d)(10), and amendments thereto, the
child may be placed in a secure facility pursuant to an order of protective
custody for a period of not to exceed 24 hours, excluding Saturdays,
Sundays, legal holidays, and days on which the office of the clerk of the
court is not accessible.
(d) The order of protective custody shall be served pursuant to K.S.A.
38-2237(a), and amendments thereto, on the child's parents and any other
person having legal custody of the child. The order shall prohibit the
removal of the child from the court's jurisdiction without the court's
permission.
(e) If the court issues an order of protective custody, the court may
also enter an order restraining any alleged perpetrator of physical, sexual,
mental or emotional abuse of the child from residing in the child's home;
visiting, contacting, harassing or intimidating the child, other family
member or witness; or attempting to visit, contact, harass or intimidate the
child, other family member or witness. Such restraining order shall be
served by personal service pursuant to K.S.A. 38-2237(a), and
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amendments thereto, on any alleged perpetrator to whom the order is
directed.
(f) (1) The court shall not enter the initial order removing a child
from the custody of a parent pursuant to this section unless the court first
finds probable cause that: (A) (i) The child is likely to sustain harm if not
immediately removed from the home;
(ii) allowing the child to remain in home is contrary to the welfare of
the child; or
(iii) immediate placement of the child is in the best interest of the
child; and
(B) reasonable efforts have been made to maintain the family unit and
prevent the unnecessary removal of the child from the child's home or that
an emergency exists which threatens the safety to the child.
(2) Such findings shall be included in any order entered by the court.
If the child is placed in the custody of the secretary, the court shall provide
the secretary with a written copy of any orders entered upon making the
order.
Sec. 5. 3. K.S.A. 2025 Supp. 38-2243 is hereby amended to read as
follows: 38-2243. (a) Upon notice and hearing, the court may issue an
order directing who shall have temporary custody and may modify the
order during the pendency of the proceedings as will best serve the child's
welfare.
(b) A hearing pursuant to this section shall be held within 72 hours,
excluding Saturdays, Sundays, legal holidays, and days on which the
office of the clerk of the court is not accessible, following a child having
been taken into protective custody.
(c) Whenever it is determined that a temporary custody hearing is
required, the court shall immediately set the time and place for the hearing.
Notice of a temporary custody hearing shall be given to all parties and
interested parties.
(d) Notice of the temporary custody hearing shall be given at least 24
hours prior to the hearing. The court may continue the hearing to afford the
24 hours prior notice or, with the consent of the party or interested party,
proceed with the hearing at the designated time. If an order of temporary
custody is entered and the parent or other person having custody of the
child has not been notified of the hearing, did not appear or waive
appearance and requests a rehearing, the court shall rehear the matter
without unnecessary delay.
(e) Oral notice may be used for giving notice of a temporary custody
hearing where there is insufficient time to give written notice. Oral notice
is completed upon filing a certificate of oral notice.
(f) The court may enter an order of temporary custody after
determining there is probable cause to believe that the:
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(1) Child is dangerous to self or to others;
(2) child is not likely to be available within the jurisdiction of the
court for future proceedings;
(3) health or welfare of the child may be endangered without further
care;
(4) child has been subjected to human trafficking or aggravated
human trafficking, as defined by K.S.A. 21-5426, and amendments
thereto, or commercial sexual exploitation of a child, as defined by K.S.A.
21-6422, and amendments thereto;
(5) child is experiencing a behavioral health crisis and is in need of
treatment stabilization experiencing a behavioral health crisis; or
(6) child committed an act which, if committed by an adult, would
constitute a violation of K.S.A. 21-6419, and amendments thereto.
(g) (1) Whenever the court determines the necessity for an order of
temporary custody the court may place the child in the temporary custody
of:
(A) A parent or other person having custody of the child and may
enter a restraining order pursuant to subsection (h);
(B) a person, other than the parent or other person having custody,
who shall not be required to be licensed under article 5 of chapter 65 of the
Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of law,
if the child has been subjected to human trafficking or aggravated human
trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or
commercial sexual exploitation of a child, as defined by K.S.A. 21-6422,
and amendments thereto, or the child committed an act which, if
committed by an adult, would constitute a violation of K.S.A. 21-6419,
and amendments thereto;
(F) after written authorization by a community mental health center, a
juvenile crisis intervention stabilization center, as described in K.S.A. 65-
536, and amendments thereto; or
(G) the secretary, if the child is 15 years of age or younger, or 16 or
17 years of age if the child has no identifiable parental or family resources
or shows signs of physical, mental, emotional or sexual abuse.
(2) If the secretary presents the court with a plan to provide services
to a child or family which the court finds will assure the safety of the
child, the court may only place the child in the temporary custody of the
secretary until the court finds the services are in place. The court shall
have the authority to require any person or entity agreeing to participate in
the plan to perform as set out in the plan. When the child is placed in the
temporary custody of the secretary, the secretary shall have the
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discretionary authority to place the child with a parent or to make other
suitable placement for the child. When the child is placed in the temporary
custody of the secretary and the child has been subjected to human
trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426,
and amendments thereto, or commercial sexual exploitation of a child, as
defined by K.S.A 21-6422, and amendments thereto, or the child
committed an act which, if committed by an adult, would constitute a
violation of K.S.A. 21-6419, and amendments thereto, the secretary shall
have the discretionary authority to place the child in a staff secure facility,
notwithstanding any other provision of law. When the child is presently
alleged, but not yet adjudicated to be a child in need of care solely
pursuant to K.S.A. 38-2202(d)(9) or (d)(10), and amendments thereto, the
child may be placed in a secure facility, but the total amount of time that
the child may be held in such facility under this section and K.S.A. 38-
2242, and amendments thereto, shall not exceed 24 hours, excluding
Saturdays, Sundays, legal holidays, and days on which the office of the
clerk of the court is not accessible. The order of temporary custody shall
remain in effect until modified or rescinded by the court or an adjudication
order is entered but not exceeding 60 days, unless good cause is shown
and stated on the record.
(h) If the court issues an order of temporary custody, the court may
also enter an order restraining any alleged perpetrator of physical, sexual,
mental or emotional abuse of the child from residing in the child's home;
visiting, contacting, harassing or intimidating the child; or attempting to
visit, contact, harass or intimidate the child, other family members or
witnesses. Such restraining order shall be served by personal service
pursuant to K.S.A. 38-2237(a), and amendments thereto, on any alleged
perpetrator to whom the order is directed.
(i) (1) The court shall not enter the initial order removing a child from
the custody of a parent pursuant to this section unless the court first finds
probable cause that:
(A) (i) The child is likely to sustain harm if not immediately removed
from the home;
(ii) allowing the child to remain in home is contrary to the welfare of
the child; or
(iii) immediate placement of the child is in the best interest of the
child; and
(B) reasonable efforts have been made to maintain the family unit and
prevent the unnecessary removal of the child from the child's home or that
an emergency exists which threatens the safety to the child.
(2) Such findings shall be included in any order entered by the court.
If the child is placed in the custody of the secretary, upon making the order
the court shall provide the secretary with a written copy.
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(j) If the court enters an order of temporary custody that provides for
placement of the child with a person other than the parent, the court shall
make a child support determination pursuant to K.S.A. 38-2277, and
amendments thereto.
(k) For the purposes of this section, "harassing or intimidating" and
"harass or intimidate" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to determine
the targeted person's location, movement or travel patterns.
Sec. 6. K.S.A. 2025 Supp. 38-2302 is hereby amended to read as
follows: 38-2302. As used in this code, unless the context otherwise
requires:
(a) "Commissioner" means the secretary of corrections or the
secretary's designee.
(b) "Community supervision officer" means any officer from court
services, community corrections or any other individual authorized to
supervise a juvenile on an immediate intervention, probation or
conditional release.
(c) "Conditional release" means release from a term of commitment
in a juvenile correctional facility for an aftercare term pursuant to K.S.A.
38-2369, and amendments thereto, under conditions established by the
secretary of corrections.
(d) "Court-appointed special advocate" means a responsible adult,
other than an attorney appointed pursuant to K.S.A. 38-2306, and
amendments thereto, who is appointed by the court to represent the best
interests of a child, as provided in K.S.A. 38-2307, and amendments
thereto, in a proceeding pursuant to this code.
(e) "Detention risk assessment tool" means a risk assessment
instrument adopted pursuant to K.S.A. 75-7023(f), and amendments
thereto, used to identify factors shown to be statistically related to a
juvenile's risk of failing to appear in court or reoffending pre-adjudication
and designed to assist in making detention determinations.
(f) "Educational institution" means all schools at the elementary and
secondary levels.
(g) "Educator" means any administrator, teacher or other professional
or paraprofessional employee of an educational institution who has
exposure to a pupil specified in K.S.A. 72-6143(a)(1) through (5), and
amendments thereto.
(h) "Evidence-based" means practices, policies, procedures and
programs demonstrated by research to produce reduction in the likelihood
of reoffending.
(i) "Graduated responses" means a system of community-based
sanctions and incentives developed pursuant to K.S.A. 75-7023(h) and 38-
2392, and amendments thereto, used to address violations of immediate
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interventions, terms and conditions of probation and conditional release
and to incentivize positive behavior.
(j) "Immediate intervention" means all programs or practices
developed by the county to hold juvenile offenders accountable while
allowing such offenders to be diverted from formal court processing
pursuant to K.S.A. 38-2346, and amendments thereto.
(k) "Institution" means the Larned juvenile correctional facility and
the Kansas juvenile correctional complex.
(l) "Investigator" means an employee of the department of corrections
assigned by the secretary of corrections with the responsibility for
investigations concerning employees at the juvenile correctional facilities
and juveniles in the custody of the secretary of corrections at a juvenile
correctional facility.
(m) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building as an adult jail or lockup, unless the
facility meets all applicable 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.
(n) "Juvenile" means a person to whom one or more of the following
applies, the person: (1) Is 10 or more years of age but less than 18 years of
age; (2) is alleged to be a juvenile offender; or (3) has been adjudicated as
a juvenile offender and continues to be subject to the jurisdiction of the
court.
(o) "Juvenile correctional facility" means a facility operated by the
secretary of corrections for the commitment of juvenile offenders.
(p) "Juvenile corrections officer" means a certified employee of the
department of corrections working at a juvenile correctional facility
assigned by the secretary of corrections with responsibility for maintaining
custody, security and control of juveniles in the custody of the secretary of
corrections at a juvenile correctional facility.
(q) "Juvenile detention facility" means a public or private facility
licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
Annotated, and amendments thereto, which is used for the lawful custody
of alleged or adjudicated juvenile offenders.
(r) "Juvenile intake and assessment worker" means a responsible
adult trained and authorized to perform intake and assessment services as
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part of the intake and assessment system established pursuant to K.S.A.
75-7023, and amendments thereto.
(s) "Juvenile offender" means a person who commits an offense while
10 or more years of age but less than 18 years of age which if committed
by an adult would constitute the commission of a felony or misdemeanor
as defined by K.S.A. 21-5102, and amendments thereto, or who violates
the provisions of K.S.A. 41-727, 74-8810(j) or 21-6301(a)(14), and
amendments thereto, but does not include:
(1) A person 14 or more years of age who commits a traffic offense,
as defined in K.S.A. 8-2117(d), and amendments thereto;
(2) a person 16 years of age or over who commits an offense defined
in chapter 32 of the Kansas Statutes Annotated, and amendments thereto;
(3) a person under 18 years of age who previously has been:
(A) Convicted as an adult under the Kansas criminal code;
(B) sentenced as an adult under the Kansas criminal code following
termination of status as an extended jurisdiction juvenile pursuant to
K.S.A. 38-2364, and amendments thereto; or
(C) convicted or sentenced as an adult in another state or foreign
jurisdiction under substantially similar procedures described in K.S.A. 38-
2347, and amendments thereto, or because of attaining the age of majority
designated in that state or jurisdiction.
(t) "Law enforcement officer" means any person who by virtue of that
person's 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.
(u) "Overall case length limit" when used in relation to a juvenile
adjudicated a juvenile offender means the maximum jurisdiction of the
court following disposition on an individual case. Pursuant to K.S.A. 38-
2304, and amendments thereto, the case and the court's jurisdiction shall
terminate once the overall case length limit expires and may not be
extended.
(v) "Parent" when used in relation to a juvenile, includes a guardian
and every person who is, by law, liable to maintain, care for or support the
juvenile.
(w) "Probation" means a period of community supervision ordered
pursuant to K.S.A. 38-2361, and amendments thereto, overseen by either
court services or community corrections, but not both.
(x) "Reasonable and prudent parenting standard" means the standard
characterized by careful and sensible parental decisions that maintain the
health, safety and best interests of a child while at the same time
encouraging the emotional and developmental growth of the child, that a
caregiver shall use when determining whether to allow a child in foster
care under the responsibility of the state to participate in extracurricular,
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enrichment, cultural and social activities.
(y) "Reintegration plan" means a written document prepared in
consultation with the child's parent or guardian that:
(1) Describes the reintegration goal, which, if achieved, will most
likely give the juvenile and the victim of the juvenile a permanent and safe
living arrangement;
(2) describes the child's level of physical health, mental and
emotional health and educational functioning;
(3) provides an assessment of the needs of the child and family;
(4) describes the services to be provided to the child, the child's
family and the child's foster parents, if appropriate;
(5) includes a description of the tasks and responsibilities designed to
achieve the plan and to whom assigned;
(6) includes measurable objectives and time schedules for achieving
the plan; and
(7) if the child is in an out of home placement:
(A) Provides a statement for the basis of determining that
reintegration is determined not to be a viable option if such a
determination is made and includes a plan for another permanent living
arrangement;
(B) describes available alternatives;
(C) justifies the alternative placement selected, including a
description of the safety and appropriateness of such placement; and
(D) describes the programs and services that will help the child
prepare to live independently as an adult.
(z) "Risk and needs assessment" means a standardized instrument
administered on juveniles to identify specific risk factors and needs shown
to be statistically related to a juvenile's risk of reoffending and, when
properly addressed, can reduce a juvenile's risk of reoffending.
(aa) "Secretary" means the secretary of corrections or the secretary's
designee.
(bb) "Technical violation" means an act that violates the terms or
conditions imposed as part of a probation disposition pursuant to K.S.A.
38-2361, and amendments thereto, and that does not constitute a new
juvenile offense or a new child in need of care violation pursuant to K.S.A.
38-2202(d), and amendments thereto.
(cc) "Warrant" means a written order by a judge of the court directed
to any law enforcement officer commanding the officer to take into
custody the juvenile named or described therein.
(dd) "Youth residential facility" means any home, foster home or
structure which provides 24-hour-a-day care for juveniles and which is
licensed pursuant to article 5 of chapter 65 or article 70 of chapter 75 of
the Kansas Statutes Annotated, and amendments thereto.
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(ee) "Behavioral health crisis" means behavioral and conduct issues
that impact the safety or health of a juvenile, members of the juvenile's
household or family or members of the community, including, but not
limited to, non-life threatening mental health and substance abuse
concerns.
Sec. 7. 4. K.S.A. 2025 Supp. 38-2330 is hereby amended to read as
follows: 38-2330. (a) A law enforcement officer may take a juvenile into
custody when:
(1) Any offense has been or is being committed in the officer's view;
(2) the officer has a warrant commanding that the juvenile be taken
into custody;
(3) the officer has probable cause to believe that a warrant or order
commanding that the juvenile be taken into custody has been issued in this
state or in another jurisdiction for an act committed therein;
(4) the officer has probable cause to believe that the juvenile is
committing or has committed an act which, if committed by an adult,
would constitute:
(A) A felony; or
(B) a misdemeanor and: (i) The juvenile will not be apprehended or
evidence of the offense will be irretrievably lost unless the juvenile is
immediately taken into custody; or (ii) the juvenile may cause injury to
self or others or damage to property or may be injured unless immediately
taken into custody;
(5) the officer has probable cause to believe that the juvenile has
violated an order for electronic monitoring as a term of probation; or
(6) the officer receives a written statement pursuant to subsection (c).
(b) A court services officer, juvenile community corrections officer or
other person authorized to supervise juveniles subject to this code, may
take a juvenile into custody when: (1) There is a warrant commanding that
the juvenile be taken into custody; or (2) the officer has probable cause to
believe that a warrant or order commanding that the juvenile be taken into
custody has been issued in this state or in another jurisdiction for an act
committed therein.
(c) Any court services officer, juvenile community corrections officer
or other person authorized to supervise juveniles subject to this code, may
request a warrant by giving the court a written statement setting forth that
the juvenile, in the judgment of the court services officer, juvenile
community corrections officer or other person authorized to supervise
juveniles subject to this code:
(1) (A) Has violated the condition of the juvenile's conditional release
from detention or probation, for the third or subsequent time; and
(B) poses a significant risk of physical harm to another or damage to
property; or
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(2) has absconded from supervision.
(d) (1) A juvenile taken into custody by a law enforcement officer or
other person authorized pursuant to subsection (b) shall be brought without
unnecessary delay to the custody of the juvenile's parent or other
custodian, unless there are reasonable grounds to believe that such action
would not be in the best interests of the child or would pose a risk to
public safety or property.
(2) If the juvenile cannot be delivered to the juvenile's parent or
custodian, the officer may:
(A) Issue a notice to appear pursuant to subsection (g);
(B) contact or deliver the juvenile to an intake and assessment worker
for completion of the intake and assessment process pursuant to K.S.A.
75-7023, and amendments thereto; or
(C) if the juvenile is determined to not be detention eligible
detention-eligible based on a standardized detention risk assessment tool
and is experiencing a behavioral health crisis in need of stabilization
experiencing a behavioral health crisis, deliver a the juvenile to a
juvenile crisis intervention stabilization center, as described in K.S.A. 65-
536, and amendments thereto , after written authorization by a community
mental health center.
(3) It shall be the duty of the officer to furnish the county or district
attorney and the juvenile intake and assessment worker if the officer has
delivered the juvenile to the worker or issued a notice to appear consistent
with subsection (g), with all of the information in the officer's possession
pertaining to the juvenile, the juvenile's parent or other persons interested
in or likely to be interested in the juvenile and all other facts and
circumstances which caused the juvenile to be arrested or taken into
custody.
(e) In the absence of a court order to the contrary, the court or
officials designated by the court, the county or district attorney or the law
enforcement agency taking a juvenile into custody shall direct the release
prior to the time specified by K.S.A. 38-2343(a), and amendments thereto.
In addition, pursuant to K.S.A. 38-2346 and 75-7023 and K.S.A. 38-2346,
and amendments thereto, a juvenile intake and assessment worker shall
direct the release of a juvenile prior to a detention hearing after the
completion of the intake and assessment process.
(f) Whenever a person 18 years of age or more is taken into custody
by a law enforcement officer for an alleged offense which was committed
prior to the time the person reached the age of 18, the officer shall notify
and refer the matter to the court for proceedings pursuant to this code,
except that the provisions of this code relating to detention hearings shall
not apply to that person. If such person is eligible for detention, and all
suitable alternatives to detention have been exhausted, the person shall be
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detained in jail. Unless the law enforcement officer took the person into
custody pursuant to a warrant issued by the court and the warrant specifies
the amount of bond or indicates that the person may be released on
personal recognizance, the person shall be taken before the court of the
county where the alleged act took place or, at the request of the person, the
person shall be taken, without delay, before the nearest court. The court
shall fix the terms and conditions of an appearance bond upon which the
person may be released from custody. The provisions of article 28 of
chapter 22 of the Kansas Statutes Annotated, and amendments thereto, and
K.S.A. 22-2901, and amendments thereto, relating to appearance bonds
and review of conditions and release shall be applicable to appearance
bonds provided for in this section.
(g) (1) Whenever a law enforcement officer detains any juvenile and
such juvenile is not immediately taken to juvenile intake and assessment
services, the officer may serve upon such juvenile a written notice to
appear. Such notice to appear shall contain the name and address of the
juvenile detained, the crime charged and the location and phone number of
the juvenile intake and assessment services office where the juvenile will
need to appear with a parent or guardian.
(2) The juvenile intake and assessment services office specified in
such notice to appear must be contacted by the juvenile or a parent or
guardian no more than 48 hours after such notice is given, excluding
weekends and holidays.
(3) The juvenile detained, in order to secure release as provided in
this section, must give a written promise to call within the time specified
by signing the written notice prepared by the officer. The original notice
shall be retained by the officer and a copy shall be delivered to the juvenile
detained and that juvenile's parent or guardian if such juvenile is under 18
years of age. The officer shall then release the juvenile.
(4) The law enforcement officer shall cause to be filed, without
unnecessary delay, a complaint with juvenile intake and assessment
services in which a juvenile released pursuant to paragraph (3) is given
notice to appear, charging the crime stated in such notice. A copy shall also
be provided to the district or county attorney. If the juvenile released fails
to contact juvenile intake and assessment services as required in the notice
to appear, juvenile intake and assessment services shall notify the district
or county attorney.
(5) The notice to appear served pursuant to paragraph (1) and the
complaint filed pursuant to paragraph (4) may be provided to the juvenile
in a single citation.
Sec. 8. 5. K.S.A. 2025 Supp. 65-536 is hereby amended to read as
follows: 65-536. (a) A juvenile crisis intervention stabilization center is a
facility that provides short-term observation, assessment, treatment and
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case planning, and referral for any juvenile who is experiencing a
behavioral health crisis and is likely to cause harm to self or others who is
experiencing a behavioral health crisis. Such centers shall:
(1) Address or ensure access to the broad range of services to meet
the needs of a juvenile admitted to the center, including, but not limited to,
medical, psychiatric, psychological, social, educational and substance
abuse-related services;
(2) provide services to the juvenile and the juvenile's family,
including, but not limited to, parent building skills skill building , family
therapy, faith-based services and individual communication skill
building and case management supports as necessary to address the
immediate needs of the juvenile and juvenile's family;
(3) not include construction features designed to physically restrict
the movements and activities of juveniles, but shall have a design,
structure, interior and exterior environment, and furnishings to promote a
safe, comfortable and therapeutic environment for juveniles admitted to
the center;
(3)(4) implement written policies and procedures that include the use
of a combination of supervision, inspection and accountability to promote
safe and orderly operations; and
(4)(5) implement written policies and procedures for staff monitoring
of all center entrances and exits; and
(6) allow access to faith-based services.
(b) A juvenile crisis intervention stabilization center shall provide
treatment to juveniles admitted to such center, as appropriate, while
admitted. As needed to support the safety and stability of the juvenile and
the juvenile's family, such centers may:
(1) Be available to serve juveniles on a 24 hours per day, seven days
per week basis;
(2) provide short-term stabilization services for continuous stays; or
(3) provide respite periods throughout the day or night.
(c) A juvenile crisis intervention stabilization center may be on the
same premises as that of another licensed facility. If the juvenile crisis
intervention stabilization center is on the same premises as that of another
licensed facility, the living unit of the juvenile crisis intervention
stabilization center shall be maintained in a separate, self-contained unit.
No juvenile crisis intervention stabilization center shall be in a city or
county jail or a juvenile detention facility.
(d) (1) A juvenile may be admitted to a juvenile crisis intervention
stabilization center when:
(A) if the head of such center determines such juvenile is in need of
treatment and likely to cause harm to self or others;
(B) a qualified mental health professional from a community mental
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health center has given written authorization for such juvenile to be
admitted to a juvenile crisis intervention center; and
(C) no other more appropriate treatment services are available and
accessible to the juvenile at the time of admission stabilization services
and would benefit from treatment provided by such center . Priority for
admission to a juvenile stabilization center shall be given to cross-over
youth.
(2) A juvenile may be admitted to a juvenile crisis intervention
stabilization center for not more than 30 days and may only be admitted
three times not more than 90 days within a 12-month period . A parent
with legal custody or legal guardian of a juvenile placed in a juvenile crisis
intervention stabilization center may remove such juvenile from the center
at any time. If the removal may cause the juvenile to become a child in
need of care pursuant to K.S.A. 38-2202(d), and amendments thereto, the
head of a juvenile crisis intervention stabilization center may report such
concerns to the department for children and families or law enforcement or
may request the county or district attorney to initiate proceedings pursuant
to the revised Kansas code for care of children. If the head of a juvenile
crisis intervention stabilization center determines the most appropriate
action is to request the county or district attorney to initiate proceedings
pursuant to the revised Kansas code for care of children, the head of such
center shall make such request and shall keep such juvenile in the center
for an additional 24-hour period to initiate the appropriate proceedings.
(3) When a juvenile is released from a juvenile crisis intervention
stabilization center, the managed care organization, if the juvenile is a
medicaid recipient, and the community mental health center serving the
area where the juvenile is being discharged shall be involved with
discharge planning. Within seven days prior to the discharge of a juvenile,
the head of the juvenile crisis intervention center shall give written notice
of the date and time of the discharge to the patient, the managed care
organization, if the juvenile is a medicaid recipient, and the community
mental health center serving the area where the juvenile is being
discharged, and the patient's parent, custodian or legal guardian such
juvenile stabilization center shall coordinate discharge planning and
facilitate timely referral and connection to appropriate community-based
services for ongoing care.
(e) (1) Upon admission to a juvenile crisis intervention stabilization
center, and if the juvenile is a medicaid recipient, the managed care
organization shall approve services as recommended by the head of the
juvenile crisis intervention stabilization center. Within 14 days after
admission, the head of the juvenile crisis intervention stabilization center
shall develop a plan of treatment for the juvenile in collaboration with the
managed care organization.
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(2) Nothing in this subsection shall prohibit the department of health and
environment from administering or reimbursing state medicaid services to
any juvenile admitted to a juvenile crisis intervention stabilization center
pursuant to a waiver granted under section 1915(c) of the federal social
security act, provided that such services are not administered through a
managed care delivery system.
(3) Nothing in this subsection shall prohibit the department of health
and environment from reimbursing any state medicaid services that qualify
for reimbursement and that are provided to a juvenile admitted to a
juvenile crisis intervention stabilization center.
(4) Nothing in this subsection shall impair or otherwise affect the
validity of any contract in existence on July 1, 2018, between a managed
care organization and the department of health and environment to provide
state medicaid services.
(5) On or before January 1, 2019, the secretary of health and
environment shall submit to the United States centers for medicare and
medicaid services any approval request necessary to implement this
subsection.
(f) The secretary for children and families , in consultation with the
attorney general, shall promulgate rules and regulations to implement the
provisions of this section on or before January 1, 2019 2027. Such rules
and regulations shall not contain any requirement:
(1) That the juvenile stabilization center have a licensed physician,
dietician, clinical director, psychiatrist, advanced practice registered
nurse or any other medical professional on staff;
(2) prohibiting juveniles who are admitted to such centers from
sharing rooms or being placed in rooms that are in the basement of such
facility;
(3) that a juvenile stabilization center notify or obtain approval from
a local school district prior to obtaining licensure;
(4) related to gender-based staffing; or
(5) staffing ratios beyond the levels for youth residential facilities as
defined in K.S.A. 38-2202, and amendments thereto.
(g) The secretary for children and families shall annually report
information on outcomes of juveniles admitted into juvenile crisis
intervention stabilization centers to the J. Russell (Russ) Jennings joint
committee on corrections and juvenile justice oversight , the corrections
and juvenile justice committee of the house of representatives and the
judiciary committee of the senate and the joint committee on child welfare
system oversight. Such report shall include:
(1) The number of admissions, releases and the lengths of stay for
juveniles admitted to juvenile crisis intervention stabilization centers;
(2) services provided to juveniles admitted;
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(3) needs of juveniles admitted determined by evidence-based
assessment; and
(4) success and recidivism rates, including information on the
reduction of involvement of the child welfare system and juvenile justice
system with the juvenile.
(h) The secretary of corrections may shall enter into memorandums
of agreement with other cabinet agencies to provide funding, not to exceed
$2,000,000 annually, from the evidence-based programs account of the
state general fund or other available appropriations for juvenile crisis
intervention stabilization services. A juvenile stabilization center that
receives funding from a cabinet agency to provide juvenile stabilization
services shall receive a portion of such funding prior to opening such
center to provide training on and implement evidence-based modalities
and for renovations to comply with rules and regulations adopted by the
secretary for children and families.
(i) For the purposes of this section:
(1) "Behavioral health crisis" means behavioral and conduct issues
that impact the safety or health of a juvenile, members of the juvenile's
household or family or members of the community, including, but not
limited to, non-life threatening mental health and substance abuse
concerns"Behavioral health crisis" means behavioral and conduct
issues that impact the safety or health of a juvenile, members of the
juvenile's household or family or members of the community,
including, but not limited to, non-life threatening mental health and
substance abuse concerns.
(2) "Cross-over youth" means youth at risk of being placed in foster
care due in whole or in part to conduct that has resulted or could result in
juvenile offender allegations and youth placed in foster care engaging in
conduct that has resulted or could result in juvenile offender allegations a
young person 10 years of age or older who is at risk of being
adjudicated or is already adjudicated as a child in need of care due in
whole or in part to:
(A) Conduct or involvement in the juvenile justice system or;
(B) allegations that could result in involvement in the juvenile
justice system; or
(C) any level of concurrent involvement with the child welfare and
juvenile justice systems;
(2)(3) "head of a juvenile crisis intervention stabilization center"
means the administrative director of a juvenile crisis intervention
stabilization center or such person's designee; and
(3)(4) "juvenile" means a person who is less than 18 years of age;
(4) "likely to cause harm to self or others" means that a juvenile, by
reason of the juvenile's behavioral health condition, mental disorder or
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mental condition is likely, in the reasonably foreseeable future, to cause
substantial physical injury or physical abuse to self or others or substantial
damage to another's property, as evidenced by behavior threatening,
attempting or causing such injury, abuse or damage;
(5) "treatment" means any service intended to promote the mental
health of the patient and rendered by a qualified professional, licensed or
certified by the state to provide such service as an independent practitioner
or under the supervision of such practitioner; and
(6) "qualified mental health professional" means a physician or
psychologist who is employed by a participating mental health center or
who is providing services as a physician or psychologist under a contract
with a participating mental health center, a licensed masters level
psychologist, a licensed clinical psychotherapist, a licensed marriage and
family therapist, a licensed clinical marriage and family therapist, a
licensed professional counselor, a licensed clinical professional counselor,
a licensed specialist social worker or a licensed master social worker or a
registered nurse who has a specialty in psychiatric nursing, who is
employed by a participating mental health center and who is acting under
the direction of a physician or psychologist who is employed by, or under
contract with, a participating mental health center.
(j)(i) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
Sec. 9. K.S.A. 2025 Supp. 72-6287 is hereby amended to read as
follows: 72-6287. (a) As used in this section:
(1) "Appropriate licensing agency" means the agency that issues the
license, certification or registration to the healthcare provider under this
section.
(2) "Behavioral health crisis" means the same as defined in K.S.A.
65-536, and amendments thereto behavioral and conduct issues that
impact the safety or health of a minor, members of the minor's household
or family or members of the community, including, but not limited to, non-
life threatening mental health and substance abuse concerns.
(3) "Consent" means assent in fact, whether expressed or apparent.
(4) "Drug" means the same as defined in K.S.A. 65-1626, and
amendments thereto.
(5) "Healthcare provider" means a person who is licensed by or holds
a temporary permit to practice issued by the state board of healing arts, the
board of nursing or the behavioral sciences regulatory board.
(6) "Minor" means an individual under 18 years of age.
(7) "Parent" means the same as defined in K.S.A. 38-141, and
amendments thereto.
(8) "School facility" means any building or structure owned, operated
or maintained by the board of education of a public school or the
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governing body of an accredited nonpublic school if such facility is
accessible to students.
(b) (1) Except as provided in subsection (c), notwithstanding any
other provision of law to the contrary, unless a healthcare provider has
consent of a minor's parent, a healthcare provider shall not, while a minor
or healthcare professional is at a school facility:
(A) Prescribe, dispense or administer any prescription or
nonprescription drug;
(B) administer a diagnostic test with the minor's bodily fluids; or
(C) conduct ongoing behavioral health treatment.
(2) Notwithstanding the provisions of K.S.A. 72-6316, and
amendments thereto, the provisions of paragraph (1) shall not prevent a
healthcare provider at a school from conducting a behavioral health
assessment or intervention for a minor experiencing a behavioral health
crisis, conducting a school-based screening required by law or providing
education to a minor.
(3) A healthcare provider who violates the provisions of paragraph
(1) shall be subject to professional discipline from such healthcare
provider's appropriate licensing agency.
(c) The provisions of this section shall not apply to:
(1) Consent by parent for surgery and other procedures on a child,
K.S.A. 38-122, and amendments thereto;
(2) consent for medical care of unmarried pregnant minor, K.S.A. 38-
123, and amendments thereto;
(3) donation of blood by persons over 16, K.S.A. 38-123a, and
amendments thereto;
(4) consent for immunization by person other than a parent, K.S.A.
38-137, and amendments thereto;
(5) health services under the revised Kansas code for care of children,
K.S.A. 38-2217, and amendments thereto;
(6) emergency care by healthcare providers, K.S.A. 65-2891, and
amendments thereto;
(7) examination and treatment of persons under 18 for venereal
disease, K.S.A. 65-2892, and amendments thereto; and
(8) examination and treatment of minors for drug abuse, misuse or
addiction, K.S.A. 65-2892a, and amendments thereto.
Sec. 10. 6. K.S.A. 2025 Supp. 75-52,164 is hereby amended to read
as follows: 75-52,164. (a) (1) There is hereby established in the state
treasury the evidence-based programs account of the state general fund,
which shall be administered by the department of corrections. All
expenditures from the evidence-based programs account of the state
general fund shall be for the development and implementation of
evidence-based community programs and practices for:
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(A) Juvenile offenders and their families;
(B) juveniles experiencing behavioral health crisis in need of
stabilization experiencing behavioral health crisis and their families;
(C) children who have been administered a risk and needs assessment
and have been identified as needing services pursuant to K.S.A. 2025
Supp. 38-2292, and amendments thereto; and
(D) grants as provided in subsection (e).
(2) Evidence-based community programs and practices may be
administered by community supervision offices, juvenile intake and
assessment, court services, community corrections, juvenile crisis
intervention stabilization centers, community mental health centers,
community health centers, the youth advocate program, jobs for America's
graduates Kansas transition services and any other community-based
service provider offering evidence-based community programs.
(3) All expenditures from the evidence-based programs account of
the state general fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary of corrections or the secretary's
designee.
(b) At least annually, throughout the year, the secretary of corrections
shall determine and certify to the director of accounts and reports the
amount in each account of the state general fund of a state agency that has
been determined by the secretary to be actual or projected cost savings as a
result of cost avoidance resulting from decreased reliance on incarceration
in the juvenile correctional facility and placement in youth residential
centers. The baseline shall be calculated on the cost of incarceration and
placement in fiscal year 2015.
(c) Upon receipt of a certification pursuant to subsection (b), the
director of accounts and reports shall transfer the amount certified
pursuant to subsection (b) from each account of the state general fund of a
state agency that has been determined by the secretary of corrections to be
actual or projected cost savings to the evidence-based programs account of
the state general fund.
(d) Prioritization of evidence-based programs account of the state
general fund moneys will be given to regions that demonstrate a high rate
of out-of-home placement of juvenile offenders per capita that have few
existing community-based alternatives.
(e) (1) The secretary of corrections shall develop and implement a
grant program with the goal of implementing evidence-based community
programs described in subsection (a) and promising practices throughout
the state, subject to the availability of funding in the evidence-based
programs account of the state general fund after other expenditures for
evidence-based programs are made. The secretary shall adopt grant
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requirements in accordance with this section. Any provider of evidence-
based community programs for juveniles may apply for a grant. The grant
program shall give priority to any county that demonstrates a low
availability of evidence-based community programs for juveniles. The
secretary shall evaluate the programs that received a grant to ensure the
program is being delivered as such program was designed.
(2) Child welfare case management providers shall not be eligible to
receive grants under this subsection.
(f) Expenditures made from the evidence-based programs account of
the state general fund shall be made promptly and on a rolling basis to
develop and implement evidence-based community programs as services
are needed throughout the state.
(g) The evidence-based programs account of the state general fund
and any other moneys transferred pursuant to this section shall be used for
the purposes set forth in this section and for no other governmental
purposes. It is the intent of the legislature that the funds and the moneys
deposited in this fund shall remain intact and inviolate for the purposes set
forth in this section.
(h) On July 1, 2026, {July 1, 2027, and July 1, 2028,} or as soon
thereafter as moneys are available, the director of accounts and reports
shall transfer $2,000,000 $4,000,000 from the evidence-based programs
account of the state general fund to a special revenue fund of the Kansas
department for children and families as designated by the secretary for
children and families for juvenile stabilization services.
Sec. 11. 7. K.S.A. 75-7023 is hereby amended to read as follows: 75-
7023. (a) The secretary for children and families may contract with the
secretary of corrections to provide for the juvenile intake and assessment
system and programs for children in need of care. Except as provided
further, the secretary of corrections shall promulgate rules and regulations
for the juvenile intake and assessment system and programs concerning
juvenile offenders. If the secretary contracts with the office of judicial
administration to administer the juvenile intake and assessment system and
programs concerning juvenile offenders, the supreme court administrative
orders shall be in force until such contract ends and the rules and
regulations concerning juvenile intake and assessment system and
programs concerning juvenile offenders have been adopted.
(b) Except as otherwise provided in this subsection, records, reports
and information obtained as a part of the juvenile intake and assessment
process shall not be admitted into evidence in any proceeding and shall not
be used in a child in need of care proceeding or a juvenile offender
proceeding.
(1) Such records, reports and information may be used in a child in
need of care proceeding for diagnostic and referral purposes and by the
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court in considering dispositional alternatives. If the records, reports or
information are in regard to abuse or neglect, which is required to be
reported under K.S.A. 38-2223, and amendments thereto, such records,
reports or information may then be used for any purpose in a child in need
of care proceeding pursuant to the revised Kansas code for care of
children.
(2) Such records, reports and information may be used in a juvenile
offender proceeding only if such records, reports and information are in
regard to the possible trafficking of a runaway. Such records, reports and
information in regard to the possible trafficking of a runaway shall be
made available to the appropriate county or district attorney and the court,
and shall be used only for diagnostic and referral purposes.
(c) Upon a juvenile being taken into custody pursuant to K.S.A. 38-
2330, and amendments thereto, a juvenile intake and assessment worker
shall complete the intake and assessment process, making release and
referral determinations as required by supreme court administrative order
or district court rule, or except as provided above in rules and regulations
established by the secretary of corrections.
(d) Except as provided in subsection (g) and in addition to any other
information required by the supreme court administrative order, the
secretary for children and families, the secretary of corrections or by the
district court of such district, the juvenile intake and assessment worker
shall collect the following information either in person or over two-way
audio or audio-visual communication:
(1) The results of a standardized detention risk assessment tool
pursuant to K.S.A. 38-2302, and amendments thereto, if detention is being
considered for the juvenile, such as the problem oriented screening
instrument for teens;
(2) criminal history, including indications of criminal gang
involvement;
(3) abuse history;
(4) substance abuse history;
(5) history of prior community services used or treatments provided;
(6) educational history;
(7) medical history;
(8) family history; and
(9) the results of other assessment instruments as approved by the
secretary.
(e) After completion of the intake and assessment process for such
child, the intake and assessment worker shall make both a release and a
referral determination:
(1) Release the child to the custody of the child's parent, other legal
guardian or another appropriate adult.
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(2) Conditionally release the child to the child's parent, other legal
guardian or another appropriate adult if the intake and assessment worker
believes that if the conditions are met, it would be in the child's best
interest to release the child to such child's parent, other legal guardian or
another appropriate adult; and the intake and assessment worker has
reason to believe that it might be harmful to the child to release the child to
such child's parents, other legal guardian or another appropriate adult
without imposing the conditions. The conditions may include, but not be
limited to the alternatives listed in K.S.A. 38-2331(b), and amendments
thereto, and the following:
(A) Participation of the child in counseling;
(B) participation of members of the child's family in counseling;
(C) participation by the child, members of the child's family and other
relevant persons in mediation;
(D) provision of outpatient treatment for the child;
(E) referral of the child and the child's family to the secretary for
children and families for services and the agreement of the child and
family to accept and participate in the services offered;
(F) referral of the child and the child's family to available community
resources or services and the agreement of the child and family to accept
and participate in the services offered;
(G) requiring the child and members of the child's family to enter into
a behavioral contract which may provide for regular school attendance
among other requirements; or
(H) referral of the child to a juvenile stabilization center as described
in K.S.A. 65-536, and amendments thereto; or
(I) any special conditions necessary to protect the child from future
abuse or neglect.
(3) Deliver the child to a shelter facility or a licensed attendant care
center along with the law enforcement officer's written application for a
maximum stay of up to 72 hours. The shelter facility or licensed attendant
care facility shall then have custody as if the child had been directly
delivered to the facility by the law enforcement officer pursuant to K.S.A.
38-2232, and amendments thereto.
(4) The intake and assessment worker shall also refer the juvenile's
case to one of the following:
(A) An immediate intervention program pursuant to K.S.A. 38-
2346(b), and amendments thereto;
(B) the county or district attorney for appropriate proceedings to be
filed, with or without a recommendation that the juvenile be considered for
alternative means of adjudication programs pursuant to K.S.A. 38-2389,
and amendments thereto, or immediate intervention pursuant to K.S.A. 38-
2346, and amendments thereto; or
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(C) refer the child and family to the secretary for children and
families for investigations in regard to the allegations.
(f) The secretary of corrections, in conjunction with the office of
judicial administration, shall develop, implement and validate on the
Kansas juvenile population, a statewide detention risk assessment tool.
(1) The assessment shall be conducted for each youth under
consideration for detention and may only be conducted by a juvenile
intake and assessment worker who has completed training to conduct the
detention risk assessment tool.
(2) The secretary and the office of judicial administration shall
establish cutoff scores determining eligibility for placement in a juvenile
detention facility or for referral to a community-based alternative to
detention and shall collect and report data regarding the use of the
detention risk assessment tool.
(3) (A) The detention risk assessment tool includes an override
function that may be approved by the court for use under certain
circumstances. If approved by the court, the juvenile intake and
assessment worker or the court may override the detention risk assessment
tool score in order to direct placement in a short-term shelter facility, a
community-based alternative to detention or, subject to K.S.A. 38-2331,
and amendments thereto, a juvenile detention facility. Such override must
be documented, include a written explanation and receive approval from
the director of the intake and assessment center or the court.
(B) The court shall approve an override function of the detention risk
assessment tool for use when a juvenile:
(i) Is alleged to have possessed or used a firearm during the
commission of an offense; or
(ii) has been presented to a juvenile intake and assessment system for
the second time within one year.
(C) When the detention risk assessment tool is overridden pursuant to
subparagraph (B), the juvenile intake and assessment worker or the court
shall place the juvenile in a juvenile detention facility Upon request of a
parent, guardian, custodian or juvenile intake and assessment worker,
law enforcement may assist with the safe transportation of a juvenile
to an appropriate placement, including a juvenile stabilization center,
when such assistance is necessary to ensure the safety of the juvenile
or others. Such assistance shall not be construed as an arrest,
detention or criminal custody.
(4) (A) If a juvenile meets one or more eligibility criteria for detention
or referral to a community-based alternative to detention, the person with
authority to detain shall maintain discretion to release the juvenile if other
less restrictive measures would be adequate.
(B) If a juvenile does not meet the eligibility criteria for detention,
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the juvenile intake and assessment worker shall provide the juvenile and
any person accompanying the juvenile information on juvenile
stabilization centers described in K.S.A. 65-536, and amendments thereto,
and the services that are available at such centers.
(g) Parents, guardians and juveniles may access the juvenile intake
and assessment programs on a voluntary basis. The parent or guardian
shall be responsible for the costs of any such program utilized.
(h) Every juvenile intake and assessment worker shall receive
training in evidence-based practices, including, but not limited to:
(1) Risk and needs assessments;
(2) individualized diversions based on needs and strengths;
(3) graduated responses;
(4) family engagement;
(5) trauma-informed care;
(6) substance abuse;
(7) mental health; and
(8) special education.
Sec. 12. 8. K.S.A. 38-2232, 38-2242 and 75-7023 and K.S.A. 2025
Supp. 38-2202, 38-2231, 38-2243, 38-2302, 38-2330, 65-536, 72-6287 and
75-52,164 are hereby repealed.
Sec. 13. 9. This act shall take effect and be in force from and after its
publication in the statute book.
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